Senate Bill S8000

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8000
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced by Sens. HARCKHAM, WALCZYK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation
 
 AN ACT in relation to requiring a study to be conducted on the feasibil-
   ity of installing electric ATV charging stations along all state-main-
   tained trails where use of ATVs is permitted; and to amend the vehicle
   and  traffic law, in relation to weight limits of ATVs, and fee sched-
   ules and use of funds collected from registration of ATVs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "all electric ATVs act of 2024".
   § 2. The legislature finds that the severity of current climate change
 and the threat of additional and more severe change will be affected  by
 the  actions  undertaken  by  New York and other jurisdictions to reduce
 greenhouse gas emissions. According to the U.S. Global  Change  Research
 Program  (USGCRP)  and  the  Intergovernmental  Panel  on Climate Change
 (IPCC), substantial reductions  in  greenhouse  gas  emissions  will  be
 required by mid-century in order to limit global warming to no more than
 2°  C  and ideally 1.5° C above pre-industrial levels, and thus minimize
 the risk of severe impacts from climate change. Specifically,  industri-
 alized  countries must reduce their greenhouse gas emissions by at least
 80% below 1990 levels by 2050  in  order  to  stabilize  carbon  dioxide
 equivalent  concentrations  at 450 parts per million--the level required
 to stay within the 2° C target.
   It shall be a goal of the state that by  2035,  100%  of  all  terrain
 vehicles  (ATVs)  sold  in  New  York  state  shall be fully electric to
 contribute toward greenhouse gas emission reduction.
   § 3. (a) The New York state energy research and development authority,
 in cooperation with the department of environmental conservation,  shall
 conduct  a  study on the feasibility of installing electric ATV charging
 stations along all state-maintained trails where use of ATVs is  permit-
 ted, with the goal to have all ATVs within the state be 100% fully elec-
 tric  by  2035.  Such  study  shall  include, but not be limited to, the
 economic and logistical feasibility  of  installing  such  electric  ATV
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11818-03-3
 S. 8000                             2
 
 charging  stations,  and  any potential adverse environmental impacts of
 installing such electric ATV charging stations.
   (b)  No  later than one year after the effective date of this section,
 the New York state energy research and development authority, in cooper-
 ation with the department of environmental  conservation,  shall  create
 and submit a report on the study conducted under subdivision (a) of this
 section  to  the  governor,  the  temporary president of the senate, the
 speaker of the assembly, the minority leader  of  the  senate,  and  the
 minority  leader  of  the assembly, which shall include the findings and
 recommendations of such study.
   (c) For the purposes of this section, the following terms  shall  have
 the following meanings:
   (i)  "all  terrain  vehicle"  or  "ATV" shall have the same meaning as
 defined by section 2281 of the vehicle and traffic law.
   (ii) "electric ATV" shall have the same meaning as defined by  section
 2281 of the vehicle and traffic law.
   (iii)  "electric  ATV  charging station" means a station that delivers
 electricity from a source outside an electric ATV into one or more elec-
 tric ATVs. An electric ATV charging station may include  several  charge
 points  simultaneously  connecting  several electric ATVs to the station
 and any related equipment needed to facilitate charging plug-in electric
 ATVs.
   § 4. Subdivision 1 of section 2281 of the vehicle and traffic law,  as
 amended  by chapter 319 of the laws of 1997, is amended and a new subdi-
 vision 3 is added to read as follows:
   1. (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
 which is manufactured for sale for operation  primarily  on  off-highway
 trails  or  off-highway  competitions  and only incidentally operated on
 public highways providing that such  vehicle  does  not  exceed  seventy
 inches  in  width,  or  [one]  TWO thousand pounds dry weight. Provided,
 however, this definition shall not include a "snowmobile" or other self-
 propelled vehicles manufactured for off-highway use exclusively designed
 for travel on snow or ice, steered by skis or runners and  supported  in
 whole  or  in part by one or more skis, belts or cleats which utilize an
 endless belt tread.
   (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  the  term  "all  terrain  vehicle" or "ATV" shall not include any
 vehicle used for agricultural purposes or for  snowplowing,  other  than
 for  hire, provided, however, that any such vehicle shall register as an
 "all terrain vehicle" or "ATV" pursuant to the provisions of this  arti-
 cle  if  such  vehicle is used or is intended to be used for any purpose
 other than agricultural purposes or for snowplowing and shall  be  regu-
 lated  in  accordance  with  provisions  governing the operation of "all
 terrain vehicles" or ["ATV's"] "ATVS" while in such use.
   3. "ELECTRIC ATV" MEANS AN ATV THAT DRAWS ELECTRICITY  FOR  PROPULSION
 FROM  A  TRACTION  BATTERY  WITH  AT  LEAST FIVE KILOWATT-HOURS (KWH) OF
 CAPACITY, AND USES  AN  EXTERNAL  SOURCE  OF  ENERGY  TO  RECHARGE  SUCH
 BATTERY. SUCH TERM SHALL NOT INCLUDE ATVS WITH A SECOND SOURCE OF ENERGY
 FOR PROPULSION.
   §  5. Subdivision 4 of section 2282 of the vehicle and traffic law, as
 amended by chapter 402 of the laws of 1986 and paragraphs (a) and (b) as
 amended and the closing paragraph as added by section 4  of  part  G  of
 chapter 59 of the laws of 2009, is amended to read as follows:
   4.  Fees. Fees for registration of ATVs to be collected by the commis-
 sioner under this article are as follows.
   (a) (I) ONE THOUSAND POUNDS DRY WEIGHT OR LESS:
 S. 8000                             3
 
   (1) An annual fee of [twelve] FIFTEEN dollars [and  fifty  cents]  for
 each individual resident registration.
   [(b)]  (2)  An annual fee of [twelve] NINETEEN dollars and fifty cents
 for each individual nonresident registration.
   [(c)] (II) ONE THOUSAND ONE POUNDS DRY WEIGHT  TO  ONE  THOUSAND  FIVE
 HUNDRED POUNDS DRY WEIGHT:
   (1) AN ANNUAL FEE OF FORTY DOLLARS FOR EACH INDIVIDUAL RESIDENT REGIS-
 TRATION.
   (2) AN ANNUAL FEE OF FIFTY-TWO DOLLARS FOR EACH INDIVIDUAL NONRESIDENT
 REGISTRATION.
   (III)  ONE THOUSAND FIVE HUNDRED ONE POUNDS DRY WEIGHT TO TWO THOUSAND
 POUNDS DRY WEIGHT:
   (1) AN ANNUAL FEE OF SIXTY DOLLARS FOR EACH INDIVIDUAL RESIDENT REGIS-
 TRATION.
   (2) AN ANNUAL FEE OF SEVENTY-EIGHT DOLLARS FOR EACH INDIVIDUAL NONRES-
 IDENT REGISTRATION.
   (B) An annual fee of twenty-five dollars for each dealer registration.
   [(d)] (C) An annual fee of five dollars  for  each  additional  dealer
 demonstrator registration number.
   [(e)]  (D) A fee of three dollars for replacement of a lost, mutilated
 or destroyed certificate.
   [(f)] (E) Provided, however, that the provisions of paragraphs (B) AND
 (c) [and (d)] of this subdivision with respect to the payment of  dealer
 registration  fees  shall  not  apply  to dealers registered pursuant to
 section four hundred fifteen of this chapter.
   [(g)] (F) Annual fees shall not be prorated and  such  fees  shall  be
 applicable to a year or any portion of a year.
   (G)  Notwithstanding  any  inconsistent provision of this section, the
 difference collected between the fees set forth in THE FORMER paragraphs
 (a) and (b) of this subdivision in effect on and after September  first,
 two  thousand  nine  and the fees set forth in such FORMER paragraphs in
 effect prior to such date shall be deposited to the credit of the  dedi-
 cated highway and bridge trust fund.
   (H)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS SECTION, THE
 DIFFERENCE COLLECTED BETWEEN THE FEES SET FORTH IN SUBPARAGRAPH  (I)  OF
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IN  EFFECT ON AND AFTER SEPTEMBER
 FIRST, TWO THOUSAND TWENTY-FOUR AND THE FEES SET  FORTH  IN  THE  FORMER
 PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION IN EFFECT PRIOR TO THE EFFEC-
 TIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR WHICH
 AMENDED THIS SUBDIVISION, WHEN COLLECTED FOR  REGISTRATION  OF  ELECTRIC
 ATVS,  SHALL  BE  DONATED  TO  THE  CREDIT  OF THE FEDERAL ENVIRONMENTAL
 PROTECTION AGENCY; PROVIDED, FURTHER, THAT THE TOTAL COLLECTED FROM  THE
 FEES  SET FORTH IN SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF THIS
 SUBDIVISION, WHEN COLLECTED FOR REGISTRATION OF ELECTRIC ATVS, SHALL  BE
 DONATED TO THE CREDIT OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY.
   § 6. This act shall take effect immediately.