S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4036
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the transportation law, in  relation  to  requiring  the
   department of transportation to prepare a plan for every public trans-
   portation system to be eligible to receive operating assistance in the
   purchase  of any new zero-emission buses or other municipal zero-emis-
   sion vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The transportation law is amended by adding a new section
 18-c to read as follows:
   § 18-C. ZERO-EMISSION MUNICIPAL FLEET PLAN. 1. (A) NO LATER  THAN  ONE
 YEAR  FROM  THE  EFFECTIVE  DATE  OF  THIS SECTION, THE DEPARTMENT SHALL
 PREPARE, IN CONSULTATION WITH THE NEW YORK  STATE  ENERGY  RESEARCH  AND
 DEVELOPMENT  AUTHORITY  AND  THE  OFFICE OF GENERAL SERVICES, A PLAN FOR
 EVERY PUBLIC TRANSPORTATION SYSTEM TO BE ELIGIBLE TO  RECEIVE  OPERATING
 ASSISTANCE  IN  THE  PURCHASE  OF  ANY  NEW ZERO-EMISSION BUSES OR OTHER
 MUNICIPAL ZERO-EMISSION VEHICLES AND RELATED EQUIPMENT AND FACILITIES AS
 PART OF THE NORMAL REPLACEMENT OF ITS FLEET. THE PLAN SHALL ALSO IDENTI-
 FY POTENTIAL FUNDING SOURCES FOR THE PROGRAM.
   (B) FOR THE PURPOSES OF THIS SECTION:
   (I) "ZERO-EMISSION BUS" SHALL MEAN A ZERO-EMISSION VEHICLE THAT HAS  A
 SEATING CAPACITY OF FIFTEEN OR MORE PASSENGERS IN ADDITION TO THE DRIVER
 AND IS USED FOR THE TRANSPORTATION OF PERSONS; AND
   (II)  "ZERO-EMISSION 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.  THE  DEPARTMENT'S  PLAN  SHALL INCLUDE ALL OF THE FOLLOWING COMPO-
 NENTS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07642-01-3
              

 A. 4036                             2
 
   (I) A GOAL OF FULL TRANSITION TO ZERO-EMISSION BUSES BY  TWO  THOUSAND
 FORTY;
   (II)  IDENTIFICATION OF POTENTIAL TYPES OF ZERO-EMISSION VEHICLE TECH-
 NOLOGIES FOR DEPLOYMENT, SUCH AS BATTERY ELECTRIC OR FUEL CELL  ELECTRIC
 VEHICLES;
   (III)  A  SCHEDULE  FOR  CONSTRUCTION OF FACILITIES AND INFRASTRUCTURE
 MODIFICATIONS OR UPGRADES, INCLUDING CHARGING, FUELING, AND  MAINTENANCE
 FACILITIES, TO DEPLOY AND MAINTAIN ZERO-EMISSION VEHICLES. THIS SCHEDULE
 SHALL SPECIFY THE GENERAL LOCATION OF EACH FACILITY, TYPE OF INFRASTRUC-
 TURE,   SERVICE   CAPACITY   OF   INFRASTRUCTURE,  AND  A  TIMELINE  FOR
 CONSTRUCTION;
   (IV) A SCHEDULE FOR ZERO-EMISSION AND CONVENTIONAL INTERNAL COMBUSTION
 ENGINE BUS PURCHASES AND LEASE OPTIONS;
   (V) A SCHEDULE FOR  CONVERSION  OF  CONVENTIONAL  INTERNAL  COMBUSTION
 ENGINE BUSES TO ZERO-EMISSION BUSES, IF ANY;
   (VI)  A DESCRIPTION ON HOW A TRANSIT AGENCY PLANS TO DEPLOY ZERO-EMIS-
 SION BUSES IN DISADVANTAGED COMMUNITIES;
   (VII) A TRAINING PLAN AND SCHEDULE FOR  MUNICIPAL  BUS  OPERATORS  AND
 MAINTENANCE  AND  REPAIR  STAFF  REGARDING  OPERATION AND MAINTENANCE OF
 ZERO-EMISSION BUSES AND ZERO-EMISSION VEHICLES; AND
   (VIII) THE USE OF REGIONAL GREENHOUSE  GAS  INITIATIVE  (RGGI)  FUNDS,
 IMPLEMENTED  IN  THE  STATE PURSUANT TO 21 NYCRR PART 507, AND OTHER TAX
 CREDITS AS FUNDING SOURCES.
   3. TWO YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,  AND  ANNUALLY
 THEREAFTER,  THE  DEPARTMENT SHALL PREPARE, IN CONSULTATION WITH THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE  OFFICE  OF
 GENERAL  SERVICES,  SHALL CONDUCT A REPORT ON THE STATUS AND RECOMMENDA-
 TIONS OF THE DEPARTMENT'S PLAN. THE REPORT SHALL INCLUDE A REVIEW OF THE
 DEPARTMENT'S PLAN, INCLUDING THE SPECIFIC GREENHOUSE GAS OR AIR  QUALITY
 IMPROVEMENT  GOALS;  THE  STATUS OF THE PLAN WITH RESPECT TO MEETING ITS
 GOALS AND TARGETS; A COST-BENEFIT ANALYSIS OF  THE  PLAN;  AND,  TO  THE
 EXTENT  FEASIBLE,  A  COMPARISON  OF  THE  DEPARTMENT'S  PLAN WITH OTHER
 STATES' AND COUNTRIES' ZERO-EMISSION VEHICLE  PROGRAMS.  BASED  ON  THIS
 INFORMATION,  THE REPORT SHALL ALSO MAKE RECOMMENDATIONS ON HOW TO MAXI-
 MIZE THE EFFECTIVENESS OF EXISTING PROGRAMS TO EXPAND THE USE  OF  ZERO-
 EMISSION  BUSES  AND  ZERO-EMISSION  VEHICLES IN THE MOST COST-EFFECTIVE
 MANNER POSSIBLE THAT ACHIEVES THE GREATEST REDUCTION IN  GREENHOUSE  GAS
 EMISSIONS AND MAXIMIZES IMPROVEMENTS TO AIR QUALITY.
   § 2. This act shall take effect immediately.