S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2412
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. FAHY, WOERNER, GOTTFRIED, SIMON, EPSTEIN, GALEF,
   DICKENS -- read once and referred to the Committee on Energy
 
 AN ACT to amend the energy law, in relation  to  the  purchase  of  fuel
   economy,  electric  and  hybrid  passenger  vehicles  by the office of
   general services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 5-108 of the energy law, as amended by chapter 120
 of the laws of 1990, is amended to read as follows:
   § 5-108. Purchase of passenger automobiles.  a. The  commissioner,  in
 consultation  with  the  commissioner of the office of general services,
 shall promulgate rules and regulations which shall require[, at a  mini-
 mum,]  that  all  passenger automobiles purchased by or for the state or
 any agency or public authority thereof,  of  which  a  majority  of  the
 members  are  appointed  by  the  governor,  in  any  fiscal  year which
 commences on or after April first,  [nineteen  hundred  eighty-one]  TWO
 THOUSAND  TWENTY-TWO,  achieve  an  average fuel economy [not less than]
 THAT MEETS OR EXCEEDS  the  applicable  average  fuel  economy  standard
 established  pursuant  to  the  provisions of this section for the model
 year which includes January first of such fiscal year.
   b. The commissioner,  in  consultation  with  the  office  of  general
 services,  shall be further authorized to establish minimum fuel economy
 standards for different classes of passenger automobiles,  as  appropri-
 ate,  which shall be applicable to such vehicles purchased by or for the
 state or any agency or public authority thereof subject to the  require-
 ments  of  subdivision  a  of  this  section.   WHENEVER PRACTICABLE THE
 COMMISSIONER SHALL PURCHASE BATTERY, ELECTRIC, PLUG-IN  HYBRID  ELECTRIC
 OR ZERO-EMISSION VEHICLES.
   c. As used in this section:
   (1)  The  term  "passenger  automobile" means any four wheeled vehicle
 propelled by fuel which is manufactured for use on public streets, roads
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06578-01-1

 A. 2412                             2
 
 and highways, which is rated at six thousand pounds gross vehicle weight
 or less, and which the commissioner determines by rule  is  manufactured
 primarily  for  use  in the transportation of not more than ten individ-
 uals.
   (2) The term "passenger automobile" shall not include police, fire, or
 other  emergency  vehicles,  as  defined  by  the  commissioner, or snow
 removal, salt-spreader, and garbage disposal vehicles, or  any  vehicles
 which  the  commissioner  determines,  by regulation, should be excluded
 from being defined as "passenger vehicles".
   (3) The term "average fuel economy" means the total number of  passen-
 ger  automobiles acquired in a fiscal year to which this section applies
 divided by a sum of terms, each term of which is a fraction  created  by
 dividing  (i) the number of passenger automobiles so acquired of a given
 model type, by (ii) the rated fuel economy of such model type as  deter-
 mined  and  published  by  the federal agency with jurisdiction over the
 determination and publication of such fuel economy ratings  during  that
 fiscal year.
   (4)  The  term "average fuel economy standard" means the average miles
 per gallon to be achieved in  the  operation  of  passenger  automobiles
 manufactured in a particular model year and shall be as follows:
 
 Model year                                         Fuel economy standard
                                                      (miles per gallon)
    1981 ................................................... 22.0
    1982 ................................................... 24.0
    1983 ................................................... 26.0
    1984 ................................................... 27.0
    1985 ................................................... 27.5
    1991 [and thereafter] THROUGH 2021 ..................... 29.0
   BEGINNING  JULY FIRST, TWO THOUSAND TWENTY-TWO, THE COMMISSIONER SHALL
 SET TARGETS THROUGH REGULATION FOR THE ACQUISITION AND USE  OF  BATTERY,
 ELECTRIC OR PLUG-IN HYBRID ELECTRIC VEHICLES. BY TWO THOUSAND THIRTY-TWO
 ALL  PASSENGER  VEHICLES  PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR
 PUBLIC AUTHORITY THEREOF SHALL BE ZERO-EMISSION VEHICLES.
   (5) THE TERM "BATTERY, ELECTRIC, OR PLUG-IN HYBRID  ELECTRIC  VEHICLE"
 MEANS  A MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF
 THE VEHICLE AND TRAFFIC LAW, THAT: HAS FOUR WHEELS; WAS MANUFACTURED FOR
 USE PRIMARILY ON PUBLIC STREETS, ROADS AND HIGHWAYS; THE  POWERTRAIN  OF
 WHICH  HAS NOT BEEN MODIFIED FROM THE ORIGINAL MANUFACTURER'S SPECIFICA-
 TIONS; IS RATED AT NOT MORE THAN  EIGHT  THOUSAND  FIVE  HUNDRED  POUNDS
 GROSS  VEHICLE  WEIGHT;  HAS MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-
 FIVE MILES PER HOUR; AND IS PROPELLED AT LEAST IN PART BY AN  ELECTRONIC
 MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE
 TO  THE  DRIVE WHEELS SOMETIME DURING NORMAL VEHICLE OPERATION, AND THAT
 DRAWS ELECTRICITY.
   (6) THE TERM "ZERO-EMISSION VEHICLES" SHALL HAVE THE SAME  MEANING  AS
 SET FORTH IN 6 NYCRR PART 218.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2412--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. FAHY, WOERNER, GOTTFRIED, SIMON, EPSTEIN, GALEF,
   DICKENS,  CARROLL,  THIELE,  COLTON,  ENGLEBRIGHT,  KELLES,  DINOWITZ,
   SILLITTI,  STERN,  SANTABARBARA,  LUNSFORD, GLICK, OTIS, L. ROSENTHAL,
   McDONALD, SEAWRIGHT -- read once and  referred  to  the  Committee  on
   Energy  --  committee  discharged,  bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the  Committee  on  Ways  and Means -- recommitted to the Committee on
   Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law, in relation to the purchase or  lease
   of zero emission vehicles for state-owned vehicle fleets
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 201-a of the executive law is amended by  adding  a
 new subdivision 10 to read as follows:
   10.  THE OFFICE OF GENERAL SERVICES SHALL, ON OR BEFORE DECEMBER THIR-
 TY-FIRST, TWO THOUSAND TWENTY-TWO, PREPARE,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION AND THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, A STATE FLEET PROCUREMENT  PLAN  FOR
 PURCHASE  OR  LEASE OF STATE AGENCY VEHICLES TO ENSURE THAT (I) AT LEAST
 TWENTY-FIVE PERCENT OF STATE AGENCY VEHICLES, INCLUDING TEN  PERCENT  OF
 STATE AGENCY MEDIUM AND HEAVY DUTY VEHICLES, WILL BE ZERO EMISSION VEHI-
 CLES  BY  NO  LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE
 AND (II) AT LEAST FIFTY PERCENT  OF  STATE  AGENCY  VEHICLES,  INCLUDING
 TWENTY-FIVE PERCENT OF STATE AGENCY MEDIUM AND HEAVY DUTY VEHICLES, WILL
 BE  ZERO  EMISSION  VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO
 THOUSAND THIRTY. ALL STATE AGENCY PASSENGER VEHICLES SHALL BE ZERO EMIS-
 SION VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND THIR-
 TY-FIVE, AND ALL STATE AGENCY MEDIUM AND HEAVY DUTY  VEHICLES  SHALL  BE
 ZERO EMISSION VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06578-09-2
              

 A. 2412--B                          2
 
 SAND FORTY, UNLESS A ZERO EMISSION VEHICLE IS NOT FEASIBLE FOR A PARTIC-
 ULAR  APPLICATION.  BY JANUARY FIRST, TWO THOUSAND THIRTY, ALL PASSENGER
 VEHICLES PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY
 THEREOF  SHALL BE ZERO EMISSION VEHICLES. BY JANUARY FIRST, TWO THOUSAND
 THIRTY-FIVE, ALL MEDIUM AND HEAVY DUTY VEHICLES PURCHASED BY OR FOR  THE
 STATE  OR  ANY AGENCY OR PUBLIC AUTHORITY THEREOF SHALL BE ZERO EMISSION
 VEHICLES WHERE FEASIBLE. FOR PURPOSES OF THIS SUBDIVISION,  "ZERO  EMIS-
 SION VEHICLE" SHALL MEAN A VEHICLE POWERED BY MEANS OF A BATTERY OR FUEL
 CELL OR A COMBINATION THEREOF, OR ANOTHER SOURCE OF POWER, THAT PRODUCES
 ZERO  EXHAUST  EMISSIONS  OF  ANY  GREENHOUSE GAS, CRITERIA POLLUTANT OR
 PRECURSOR POLLUTANT UNDER ANY AND ALL  POSSIBLE  OPERATIONAL  MODES  AND
 CONDITIONS.
   § 2. This act shall take effect immediately.