S T A T E O F N E W Y O R K
________________________________________________________________________
9045
I N A S S E M B L Y
February 5, 2024
___________
Introduced by M. of A. ZACCARO -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to a feebate
program for medium and heavy duty vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
article 17-D to read as follows:
ARTICLE 17-D
FEEBATE PROGRAM FOR MEDIUM AND HEAVY DUTY VEHICLES
SECTION 499-E. PURPOSE OF ARTICLE.
499-F. DEFINITIONS.
499-G. APPLICATION.
499-H. CREATION OF FEEBATE PROGRAM.
499-I. PUBLIC AWARENESS CAMPAIGN.
499-J. ANNUAL REPORT.
§ 499-E. PURPOSE OF ARTICLE. THERE IS HEREBY CREATED A FEEBATE PROGRAM
IN WHICH ALL COVERED VEHICLES ARE SUBJECT TO EITHER AN EFFICIENCY FEE OR
AN EFFICIENCY REBATE, BASED UPON SUCH COVERED VEHICLE'S FUEL ECONOMY.
SUCH PROGRAM SHALL BE DESIGNED TO BE REVENUE NEUTRAL AND TO RESPOND
DYNAMICALLY TO MARKET TRENDS, ZERO EMISSION OR NEAR ZERO EMISSIONS MODEL
AVAILABILITY, ACTUAL AND PROJECTED COVERED MOTOR VEHICLE REGISTRATION
DATA, AND ANY OTHER SUCH FACTOR THE COMMISSIONER DEEMS RELEVANT.
§ 499-F. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "COVERED VEHICLE" OR "COVERED MOTOR VEHICLE" SHALL MEAN ALL MEDIUM
AND HEAVY DUTY VEHICLES WITH A GROSS VEHICLE WEIGHT RATING OF GREATER
THAN TEN THOUSAND POUNDS REGISTERED ON OR AFTER THE EFFECTIVE DATE OF
THIS SECTION.
2. "EFFICIENCY FEE" SHALL MEAN A FEE LEVIED UPON THE OWNER OF A
COVERED VEHICLE BASED ON SUCH VEHICLE'S FUEL ECONOMY PURSUANT TO SUBDI-
VISION TWO OF SECTION FOUR HUNDRED NINETY-NINE-H OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09546-02-3
A. 9045 2
3. "EFFICIENCY REBATE" SHALL MEAN A REBATE GIVEN TO THE OWNER OF A
COVERED VEHICLE BASED ON SUCH VEHICLE'S FUEL ECONOMY PURSUANT TO SUBDI-
VISION THREE OF SECTION FOUR HUNDRED NINETY-NINE-H OF THIS ARTICLE.
4. "FEEBATE PROGRAM" SHALL REFER TO THE SYSTEM OF EFFICIENCY FEES AND
EFFICIENCY REBATES CREATED IN THIS ARTICLE.
5. "FUEL ECONOMY" SHALL REFER TO THE NUMBER OF MILES A COVERED VEHICLE
CAN TRAVEL USING A SPECIFIC AMOUNT OF FUEL OR A COMBINATION OF FUELS, AS
REFLECTED IN SUCH VEHICLE'S MILES PER GALLON OR MILES PER GALLON EQUIV-
ALENT.
6. "GROSS VEHICLE WEIGHT RATING" SHALL MEAN THE WEIGHT OF A VEHICLE
CONSISTING OF THE UNLADEN WEIGHT AND THE MAXIMUM CARRYING CAPACITY
RECOMMENDED BY THE MANUFACTURER OF SUCH VEHICLE.
7. "MILES PER GALLON" OR "MPG" SHALL REFER TO THE MEASURE OF DISTANCE
THAT A COVERED VEHICLE RUNNING ON GASOLINE OR DIESEL FUEL CAN TRAVEL PER
GALLON OF SUCH FUEL AS RATED BY THE ENVIRONMENTAL PROTECTION AGENCY.
8. "MILES PER GALLON GASOLINE EQUIVALENT" OR "MPGE" SHALL REFER TO THE
MEASURE OF DISTANCE THAT A COVERED VEHICLE RUNNING ON NON-LIQUID FUELS
CAN TRAVEL PER UNIT OF ENERGY AS RATED BY THE ENVIRONMENTAL PROTECTION
AGENCY.
9. "REVENUE NEUTRALITY" OR "REVENUE NEUTRAL" SHALL MEAN A GOAL THAT
THE EFFICIENCY FEES DESCRIBED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED
NINETY-NINE-H OF THIS ARTICLE COVER THE COST OF THE EFFICIENCY REBATES
DESCRIBED IN SUBDIVISION THREE OF SUCH SECTION.
10. "NEAR ZERO EMISSIONS" SHALL MEAN A VEHICLE THAT USES ZERO EMISSION
TECHNOLOGIES OR TECHNOLOGIES THAT PROVIDE A PATHWAY TO ZERO EMISSION
OPERATIONS OR THAT INCORPORATES OTHER TECHNOLOGIES THAT SIGNIFICANTLY
REDUCE EXHAUST EMISSIONS OF ANY GREENHOUSE GAS, CRITERIA POLLUTANT, OR
PRECURSOR POLLUTANT UNDER ANY AND ALL POSSIBLE OPERATIONAL MODES AND
CONDITIONS.
11. "ZERO EMISSION" 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 POLLU-
TANT OR PRECURSOR POLLUTANT UNDER ANY AND ALL POSSIBLE OPERATIONAL MODES
AND CONDITIONS.
§ 499-G. APPLICATION. THIS ARTICLE SHALL APPLY TO ALL COVERED VEHICLES
REGISTERED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
§ 499-H. CREATION OF FEEBATE PROGRAM. 1. THE COMMISSIONER SHALL EITHER
LEVY AN EFFICIENCY FEE, AT THE DOLLAR AMOUNT DESCRIBED IN SUBDIVISION
TWO OF THIS SECTION, OR FURNISH AN EFFICIENCY REBATE, AT THE DOLLAR
AMOUNT DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, UPON OR TO THE
OWNER OF EACH COVERED VEHICLE REQUIRED TO REGISTER IN THIS STATE PURSU-
ANT TO SECTION FOUR HUNDRED ONE OF THIS TITLE AT THE TIME OF SUCH REGIS-
TRATION.
2. EFFICIENCY FEES. THE COMMISSIONER SHALL LEVY AN EFFICIENCY FEE ON
EVERY COVERED VEHICLE THAT RECEIVES LESS THAN 10 MPG OR MPGE IN ACCORD-
ANCE WITH THE FOLLOWING TABLE:
FUEL ECONOMY IN MPG OR MPGE: DOLLAR AMOUNT OF EFFICIENCY FEE:
FEWER THAN 3 $45,000
AT LEAST 3 BUT LESS THAN 5 $30,000
AT LEAST 5 BUT LESS THAN 7 $20,000
AT LEAST 7 BUT LESS THAN 10 $10,000
3. EFFICIENCY REBATES. THE COMMISSIONER SHALL FURNISH AN EFFICIENCY
REBATE TO EVERY COVERED VEHICLE THAT RECEIVES AT LEAST 10 MPG OR MPGE IN
ACCORDANCE WITH THE FOLLOWING TABLE:
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FUEL ECONOMY IN MPG OR MPGE: DOLLAR AMOUNT OF EFFICIENCY REBATE:
AT LEAST 10 BUT LESS THAN 20 $45,000
AT LEAST 20 BUT LESS THAN 30 $100,000
AT LEAST 30 $150,000
4. (A) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION AND THE PRESIDENT OF THE NEW YORK STATE ENER-
GY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL ANNUALLY REVIEW AND RECOM-
MEND ADJUSTMENTS TO THE EFFICIENCY FEES AND REBATES PROVIDED IN SUBDIVI-
SIONS TWO AND THREE OF THIS SECTION, RESPECTIVELY, AS NEEDED, TO THE
LEGISLATURE WITH THE GOAL OF MAINTAINING REVENUE NEUTRALITY FOR THE
PROGRAM.
(B) THE COMMISSIONER MAY EXAMINE ACTUAL COVERED MOTOR VEHICLE REGIS-
TRATION DATA FOR THE PRIOR FISCAL YEAR, MARKET AVAILABILITY AND PRICE
POINTS OF COVERED VEHICLES WHICH ARE ZERO EMISSION OR NEAR ZERO EMIS-
SIONS MODELS, ACTUAL AND PROJECTED FUEL ECONOMIES OF COVERED VEHICLES,
AND ANY OTHER FACTORS THE COMMISSIONER DEEMS RELEVANT FOR THE ADJUSTMENT
OF THE DOLLAR AMOUNTS OF THE EFFICIENCY FEES AND REBATES SET FORTH IN
THIS SUBDIVISION.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE COMMISSIONER MAY USE THE REVENUES COLLECTED FROM THE EFFICIEN-
CY FEES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION TO COVER THE COSTS
OF ADMINISTRATION OF THE FEEBATE PROGRAM AND MAY INCORPORATE SUCH ADMIN-
ISTRATIVE COSTS INTO THE DESIGN OF THE PROGRAM WHEN RECOMMENDING ADJUST-
MENTS TO THE EFFICIENCY FEE AND REBATE DOLLAR AMOUNTS.
5. (A) THE COMMISSIONER SHALL PROMINENTLY DISPLAY THE DOLLAR AMOUNTS
OF EFFICIENCY FEES AND EFFICIENCY REBATES AND CORRESPONDING FUEL ECONO-
MIES DESCRIBED IN THIS ARTICLE ON THE DEPARTMENT'S WEBSITE AND SHALL
POST A CLEAR AND CONSPICUOUS NOTICE WHENEVER SUCH DOLLAR AMOUNTS OR FUEL
ECONOMIES ARE CHANGED.
(B) THE COMMISSIONER SHALL REQUIRE THAT ALL DEALERS REQUIRED TO REGIS-
TER WITH THE DEPARTMENT UNDER THE PROVISIONS OF SECTION FOUR HUNDRED
FIFTEEN OF THIS TITLE PROMINENTLY DISPLAY THE DOLLAR AMOUNTS OF EFFI-
CIENCY FEES AND EFFICIENCY REBATES AND CORRESPONDING FUEL ECONOMIES
DESCRIBED HEREIN AT SUCH DEALERS' PLACES OF BUSINESS AND ON SUCH DEAL-
ERS' WEBSITES AND SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE SAME.
§ 499-I. PUBLIC AWARENESS CAMPAIGN. THE COMMISSIONER SHALL CONDUCT AN
EDUCATIONAL CAMPAIGN TO MAKE COVERED VEHICLE MANUFACTURERS, DEALERS,
FLEET PURCHASERS, AND THE GENERAL PUBLIC AWARE OF THE PROVISIONS OF THIS
ARTICLE. SUCH CAMPAIGN MAY INCLUDE PUBLIC SERVICE ANNOUNCEMENTS, ADVER-
TISEMENTS, MEDIA CAMPAIGNS, MASS MAILINGS, CONFERENCES, PRESENTATIONS,
INFORMATIONAL MATERIALS IN PRINT, ELECTRONIC, OR OTHER MEDIA, OR ANY
OTHER STRATEGY THE COMMISSIONER DEEMS FIT TO INFORM THE PUBLIC OF THE
FEEBATE PROGRAM CREATED BY THIS ARTICLE. SUCH CAMPAIGN MUST INCLUDE
ASSISTANCE BY A NATURAL PERSON BY PHONE AND/OR EMAIL IN ORDER TO FIELD
INQUIRIES ABOUT SUCH PROGRAM.
§ 499-J. ANNUAL REPORT. 1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, THE COMMISSIONER SHALL
PREPARE A REPORT ON THE FEEBATE PROGRAM ESTABLISHED BY THIS ARTICLE.
SUCH REPORT SHALL INCLUDE:
(A) THE DOLLAR AMOUNTS AND THRESHOLDS OF THE EFFICIENCY FEES AND EFFI-
CIENCY REBATES OF THE PRIOR YEAR;
(B) THE AMOUNT OF REVENUES COLLECTED BY THE DEPARTMENT FROM EFFICIENCY
FEES;
(C) THE COSTS OF COMPLYING WITH THE PROVISIONS OF THIS ARTICLE;
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(D) THE AMOUNT OF EFFICIENCY REBATES DISBURSED TO OWNERS OF COVERED
VEHICLES AFTER ACCOUNTING FOR THE COSTS DESCRIBED IN PARAGRAPH (C) OF
THIS SUBDIVISION;
(E) AN AGGREGATE DESCRIPTION OF THE NUMBER AND TYPES OF REGISTRATIONS
OF COVERED VEHICLES AND THE FUEL ECONOMIES IN MPG OR MPGE OF SUCH VEHI-
CLES;
(F) RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES TO THIS ARTICLE; AND
(G) ANY OTHER INFORMATION THE COMMISSIONER DEEMS NECESSARY TO INCLUDE
AS A DESCRIPTION AND REVIEW OF THE FEEBATE PROGRAM.
2. SUCH REPORT SHALL BE DELIVERED TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR. SUCH REPORT
SHALL ALSO BE POSTED FOR PUBLIC REVIEW IN A CLEAR AND CONSPICUOUS MANNER
ON THE DEPARTMENT'S WEBSITE.
§ 2. This act shall take effect immediately; provided that sections
499-e, 499-f, 499-g, 499-h and 499-j of the vehicle and traffic law, as
added by section one of this act shall take effect three years after
they shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.