S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8169
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 18, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PIROZZOLO  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the  public  authorities
   law,  in relation to establishing the "Electric Vehicle Infrastructure
   and Liability Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Electric
 Vehicle Infrastructure and Liability Act".
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 114-f to read as follows:
   §  114-F.  ELECTRIC  VEHICLE.  EVERY  MOTOR VEHICLE THAT IS POWERED BY
 ELECTRICITY, CONTAINS A BATTERY WHICH IS CHARGED BY PLUG OR WIRE, AND IS
 DESIGNED PRIMARILY FOR THE TRANSPORTATION OF PASSENGERS OR  FOR  COMMER-
 CIAL USE ON PUBLIC ROADWAYS.
   §  3.  Subdivision  6 of section 401 of the vehicle and traffic law is
 amended by adding a new paragraph h to read as follows:
   H. (I) IN ADDITION TO OTHER FEES PROVIDED FOR  IN  THIS  SECTION,  THE
 COMMISSIONER SHALL REQUIRE A REGISTRATION FEE OF TWO HUNDRED DOLLARS FOR
 EACH  NON-COMMERCIAL  ELECTRIC  VEHICLE  REGISTERED  IN  THE  STATE. TEN
 PERCENT OF THE REVENUES GENERATED FROM SUCH FEE SHALL  BE  ALLOCATED  TO
 THE  OFFICE OF FIRE PREVENTION AND CONTROL TO PROMULGATE RULES AND REGU-
 LATIONS FOR TRAINING PROGRAMS DESIGNED TO INSTRUCT FIRST  RESPONDERS  ON
 ISSUES ASSOCIATED WITH ELECTRIC VEHICLE FIRES, THE ACQUISITION OF EQUIP-
 MENT DESIGNED TO WITHSTAND ELECTRIC VEHICLE RELATED INCIDENTS AND ESTAB-
 LISHING  PUBLIC AWARENESS CAMPAIGNS ON THE DANGERS AND NECESSARY PRECAU-
 TIONS WHEN USING ELECTRIC  VEHICLES.  NINETY  PERCENT  OF  THE  REVENUES
 GENERATED  FROM  SUCH  FEE  SHALL  BE ALLOCATED TO THE DEDICATED HIGHWAY
 BRIDGE AND TRUST FUND.
   (II) IN ADDITION TO OTHER FEES  PROVIDED  FOR  IN  THIS  SECTION,  THE
 COMMISSIONER  SHALL  REQUIRE  A REGISTRATION FEE OF FOUR HUNDRED DOLLARS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13338-02-3
              

 A. 8169                             2
 
 FOR EACH COMMERCIAL  ELECTRIC  VEHICLE  REGISTERED  IN  THE  STATE.  TEN
 PERCENT  OF  THE  REVENUES GENERATED FROM SUCH FEE SHALL BE ALLOCATED TO
 THE OFFICE OF FIRE PREVENTION AND CONTROL TO PROMULGATE RULES AND  REGU-
 LATIONS  FOR  TRAINING PROGRAMS DESIGNED TO INSTRUCT FIRST RESPONDERS ON
 ISSUES ASSOCIATED WITH ELECTRIC VEHICLE FIRES, THE ACQUISITION OF EQUIP-
 MENT DESIGNED TO WITHSTAND ELECTRIC VEHICLE RELATED INCIDENTS AND ESTAB-
 LISHING PUBLIC AWARENESS CAMPAIGNS ON THE DANGERS AND NECESSARY  PRECAU-
 TIONS  WHEN  USING  ELECTRIC  VEHICLES.  NINETY  PERCENT OF THE REVENUES
 GENERATED FROM SUCH FEE SHALL BE  ALLOCATED  TO  THE  DEDICATED  HIGHWAY
 BRIDGE AND TRUST FUND.
   §  4. Section 354 of the public authorities law is amended by adding a
 new subdivision 16 to read as follows:
   16. TO DIRECT ALL NECESSARY STATE AND  PUBLIC  AUTHORITIES,  INCLUDING
 BUT  NOT  LIMITED TO, THE THRUWAY AUTHORITY, METROPOLITAN TRANSPORTATION
 AUTHORITY, TUNNEL AND BRIDGE AUTHORITY AND THE  PORT  AUTHORITY  OF  NEW
 YORK  AND  NEW  JERSEY THAT OPERATE TOLLING ROADS AND BRIDGES WITHIN THE
 STATE TO ESTABLISH AN ADDITIONAL ELECTRIC PASSENGER  VEHICLE  USER  FEE.
 THE  NON-COMMERCIAL ELECTRIC VEHICLE USER FEE SHALL BE CALCULATED AS SIX
 PERCENT OF THE TOTAL TOLLING SURCHARGE OWED BY THE NON-COMMERCIAL  ELEC-
 TRIC  VEHICLE  OPERATOR.  SUCH  NON-COMMERCIAL ELECTRIC VEHICLE USER FEE
 SHALL BE IN ADDITION TO ANY OTHER TOLLING SURCHARGE ISSUED BY THE  TOLL-
 ING  AUTHORITY.  ALL  AUTHORITIES THAT OPERATE TOLLING ROADS AND BRIDGES
 WITHIN THE STATE SHALL COORDINATE WITH E-ZPASS  AND  THE  DEPARTMENT  OF
 MOTOR  VEHICLES  TO  SHARE  ALL  NECESSARY INFORMATION TO EFFECTUATE THE
 PROVISION OF THIS SECTION.  ALL REVENUES GENERATED FROM THE  NON-COMMER-
 CIAL  ELECTRIC  VEHICLE  TOLLING ROAD USER FEE SHALL BE ALLOCATED TO THE
 DEDICATED HIGHWAY BRIDGE AND TRUST FUND ESTABLISHED UNDER SECTION EIGHT-
 Y-NINE-B OF THE STATE FINANCE LAW.  FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION, THE TERM "ELECTRIC VEHICLE" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION ONE HUNDRED FOURTEEN-F OF THE VEHICLE AND TRAFFIC LAW.
   §  5.  The office of fire prevention and control shall be permitted to
 establish an account for the purposes of this act.
   § 6. The commissioner of transportation  shall  submit  on  or  before
 January 1, 2025, and annually thereafter, an annual report to the gover-
 nor, the speaker of the assembly, the temporary president of the senate,
 the  minority  leader  of  the  assembly  and the minority leader of the
 senate on the total amount of funds collected and the initiatives under-
 taken pursuant to this act.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.