S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2492
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  COMRIE,  FERNANDEZ  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the advanced clean fleets law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 19-0306-b of the environmental
 conservation law, as amended by chapter 109 of  the  laws  of  2022,  is
 amended to read as follows:
   1.  It  shall  be  a goal of the state that one hundred percent of new
 passenger cars and trucks offered for sale or lease, or sold, or leased,
 for registration in the state shall be zero-emissions  by  two  thousand
 thirty-five.  It shall be a further goal of the state that FIFTY PERCENT
 OF MEDIUM-DUTY AND HEAVY-DUTY VEHICLES OFFERED FOR  SALE  OR  LEASE,  OR
 SOLD,  OR LEASED, FOR REGISTRATION IN THE STATE BE ZERO-EMISSIONS BY TWO
 THOUSAND THIRTY-TWO, THAT EIGHTY PERCENT OF MEDIUM-DUTY  AND  HEAVY-DUTY
 VEHICLES OFFERED FOR SALE OR LEASE, OR SOLD, OR LEASED, FOR REGISTRATION
 IN  THE  STATE  BE ZERO-EMISSIONS BY TWO THOUSAND THIRTY-SEVEN, AND THAT
 one hundred percent of medium-duty and heavy-duty vehicles  offered  for
 sale  or  lease,  or  sold,  or leased, for registration in the state be
 zero-emissions by two thousand [forty-five] FORTY-TWO for all operations
 where feasible. It shall be further a goal of the state to transition to
 one hundred percent zero-emissions from new off-road vehicles and equip-
 ment purchased beginning in two thousand thirty-five, where feasible.
   § 2. Paragraph b of subdivision 2 of section 19-0306-b of the environ-
 mental conservation law, as amended by chapter 109 of the laws of  2022,
 is amended to read as follows:
   b. Medium-duty and heavy-duty vehicle regulations requiring increasing
 volumes  of  new  zero-emissions  trucks  and  buses offered for sale or
 lease, or sold, or leased, for registration and operated  in  the  state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01417-01-5
              

 S. 2492                             2
 
 towards  the target of FIFTY PERCENT OF THE SOLD OR LEASED FLEET TRANSI-
 TIONING TO ZERO-EMISSIONS VEHICLES BY TWO  THOUSAND  THIRTY-TWO,  EIGHTY
 PERCENT  OF  THE  SOLD  OR  LEASED FLEET TRANSITIONING TO ZERO-EMISSIONS
 VEHICLES  BY  TWO  THOUSAND THIRTY-SEVEN, AND one hundred percent of the
 SOLD OR LEASED fleet transitioning to  zero-emissions  vehicles  by  two
 thousand [forty-five] FORTY-TWO everywhere feasible.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 19-0306-c to read as follows:
 § 19-0306-C. ADVANCED CLEAN FLEETS LAW FOR MEDIUM- AND HEAVY-DUTY  VEHI-
                CLES.
   1. THIS SECTION SHALL BE KNOWN AND MAY BE CITED AND REFERRED TO AS THE
 "ADVANCED CLEAN FLEETS LAW".
   2.    AS  USED  IN  THIS  SECTION,  THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "BREAK-BULK GOODS" SHALL MEAN GOODS THAT ARE STOWED ON  A  DRAYAGE
 TRUCK IN INDIVIDUALLY COUNTED UNITS.
   (B)  "DRAYAGE TRUCK" SHALL MEAN ANY IN-USE ON-ROAD VEHICLE THAT TRANS-
 PORTS CARGO, SUCH AS CONTAINERIZED BULK OR BREAK-BULK GOODS,  BETWEEN  A
 MARITIME  TERMINAL AND INTERMODAL RAIL FACILITY, DISTRIBUTION CENTER, OR
 OTHER NEAR-PORT LOCATION.
   (C) "FLEET OPERATOR" OR "OPERATOR" SHALL MEAN THE INDIVIDUAL OR  BUSI-
 NESS  ENTITY,  WHETHER  IN PARTNERSHIP, LIMITED LIABILITY COMPANY, JOINT
 STOCK COMPANY, CORPORATION, OR ANY OTHER FORM, WHICH OWNS A TRUCK, OR  A
 BROKER,  WHICH, AS A PRINCIPAL OR AGENT, SELLS, OFFERS TO SELL, OR NEGO-
 TIATES FOR TRUCK TRANSPORTATION BY A  MOTOR  CARRIER  FOR  COMPENSATION.
 FOR THE PURPOSES OF THIS PARAGRAPH, "TRUCK" SHALL REFER TO A MEDIUM-DUTY
 VEHICLE,  AS  DEFINED IN PARAGRAPH (I) OF THIS SUBDIVISION, A HEAVY-DUTY
 VEHICLE, AS DEFINED IN PARAGRAPH (E)  OF  THIS  SUBDIVISION,  A  DRAYAGE
 TRUCK, AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, OR ANY TRUCK, AS
 DEFINED  IN  PARAGRAPH  (N)  OF  THIS  SUBDIVISION,  OWNED, OPERATED, OR
 CONTROLLED AS PART OF A HIGH PRIORITY FLEET, AS DEFINED IN PARAGRAPH (F)
 OF THIS SUBDIVISION.
   (D) "GROSS VEHICLE WEIGHT RATING" OR "GVWR" SHALL MEAN THE WEIGHT OF A
 VEHICLE CONSISTING OF THE UNLADEN WEIGHT AND THE MAXIMUM CARRYING CAPAC-
 ITY RECOMMENDED BY THE MANUFACTURER OF SUCH VEHICLE.
   (E) "HEAVY-DUTY VEHICLE" SHALL MEAN A VEHICLE  WITH  A  GROSS  VEHICLE
 WEIGHT RATING GREATER THAN TWENTY THOUSAND SIX HUNDRED POUNDS.
   (F) "HIGH PRIORITY FLEETS" SHALL MEAN TRUCKING FLEETS WHICH ARE OWNED,
 OPERATED,  OR  CONTROLLED BY ENTITIES WITH FIFTY MILLION DOLLARS OR MORE
 IN ANNUAL GROSS REVENUE AND THAT OWN, OPERATE, OR CONTROL AT  LEAST  ONE
 VEHICLE  WITH  A GROSS VEHICLE WEIGHT RATING OF GREATER THAN EIGHT THOU-
 SAND FIVE HUNDRED POUNDS, OR TRUCKING FLEETS WHICH ARE OWNED,  OPERATED,
 OR  CONTROLLED BY ENTITIES WHICH OWN, OPERATE, OR CONTROL AT LEAST FIFTY
 VEHICLES WITH A GROSS VEHICLE WEIGHT RATING OF GREATER THAN EIGHT  THOU-
 SAND FIVE HUNDRED POUNDS.
   (G) "INTERMODAL RAIL FACILITY" SHALL MEAN A FACILITY OWNED OR OPERATED
 BY  A  PUBLIC  OR  PRIVATE  ENTITY THAT RECEIVES BOTH DRAYAGE TRUCKS AND
 LOCOMOTIVES.
   (H) "MARITIME TERMINAL" SHALL MEAN WHARVES, BULKHEADS,  QUAYS,  PIERS,
 DOCKS,  AND  OTHER  BERTHING  LOCATIONS AND ADJACENT STORAGE OR ADJACENT
 AREAS AND STRUCTURES ASSOCIATED WITH THE PRIMARY MOVEMENT OF  CARGO  AND
 GOODS  FROM  VESSEL  TO  SHORE, OR SHORE TO VESSEL, INCLUDING STRUCTURES
 WHICH ARE DEVOTED TO RECEIVING, HANDLING,  HOLDING,  CONSOLIDATING,  AND
 LOADING  OR  DELIVERY  OF  WATERBORNE SHIPMENTS OR PASSENGERS, INCLUDING
 AREAS DEVOTED TO THE MAINTENANCE OF THE TERMINAL OR EQUIPMENT.
 S. 2492                             3
 
   (I) "MEDIUM-DUTY VEHICLE" SHALL MEAN A VEHICLE WITH  A  GROSS  VEHICLE
 WEIGHT  RATING  BETWEEN FOURTEEN THOUSAND ONE POUNDS AND TWENTY THOUSAND
 SIX HUNDRED POUNDS.
   (J)  "MOTOR CARRIER" SHALL MEAN A COMMON AND CONTRACT CARRIER OF PROP-
 ERTY BY MOTOR VEHICLE AND A COMMON CARRIER OF HOUSEHOLD GOODS  BY  MOTOR
 VEHICLE.
   (K)  "NEAR  ZERO  EMISSIONS"  SHALL  REFER TO A VEHICLE THAT USES ZERO
 EMISSION TECHNOLOGIES OR TECHNOLOGIES THAT PROVIDE  A  PATHWAY  TO  ZERO
 EMISSION  OPERATIONS  OR  A VEHICLE 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.
   (L) "ON-ROAD" SHALL MEAN A VEHICLE THAT IS DESIGNED TO  BE  DRIVEN  ON
 PUBLIC  HIGHWAYS, AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED THIRTY-
 FOUR OF THE VEHICLE AND TRAFFIC LAW, AND THAT IS REGISTERED  OR  CAPABLE
 OF  BEING  REGISTERED  PURSUANT  TO  ARTICLE FOURTEEN OF THE VEHICLE AND
 TRAFFIC LAW.
   (M) "ZERO EMISSION" SHALL REFER TO 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.
   (N) "TRUCK" SHALL MEAN A VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF
 GREATER THAN EIGHT THOUSAND FIVE HUNDRED POUNDS.
   3. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 ALL  FLEET  OPERATORS, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION TWO OF
 THIS SECTION, SHALL BE REQUIRED TO COMPILE AND DELIVER A REPORT  TO  THE
 DEPARTMENT WHICH SHALL DETAIL:
   (A)  THE  NUMBER  AND TYPE OF CONTRACTS THE FLEET OPERATOR MAY HAVE TO
 DELIVER ITEMS OR PERFORM WORK IN THE STATE OF NEW YORK;
   (B) WHAT TYPES OF FACILITIES THE FLEET OPERATOR  USES  TO  STORE  SUCH
 OPERATOR'S  MEDIUM-  AND  HEAVY-DUTY  VEHICLE  FLEET AS A HOME BASE, AND
 WHETHER SUCH FLEET IS PRIMARILY FUELED AT SUCH HOME BASE;
   (C) WHETHER SUCH STORAGE FACILITY IS OWNED  OR  LEASED  BY  THE  FLEET
 OPERATOR;
   (D)  WHETHER  SUCH  STORAGE FACILITY CONTAINS REFUELING INFRASTRUCTURE
 AND THE TYPE OF SUCH INFRASTRUCTURE;
   (E) THE BODY AND FUEL TYPE OF EACH VEHICLE OF THE OPERATOR'S FLEET;
   (F) HOW MANY VEHICLES IN THE OPERATOR'S FLEET ARE ZERO EMISSION  VEHI-
 CLES  OR  NEAR  ZERO  EMISSION VEHICLES COMPARED TO NON-ZERO EMISSION OR
 NON-NEAR ZERO EMISSION VEHICLES;
   (G) THE WEIGHT CLASS OF EACH VEHICLE IN THE OPERATOR'S FLEET;
   (H) THE ESTIMATED DAILY AND ANNUAL MILEAGE  OF  EACH  VEHICLE  IN  THE
 OPERATOR'S FLEET;
   (I)  WHETHER THE OPERATOR'S FLEET HAS A PREDICTABLE USAGE PATTERN, AND
 IF SO, A DESCRIPTION OF SUCH PATTERN;
   (J) WHETHER  THE  OPERATOR'S  FLEET  TOWS  A  TRAILER  AND  IF  SO,  A
 DESCRIPTION OF THE WEIGHT AND TYPE OF SUCH TRAILER;
   (K)  WHETHER  THE  OPERATOR'S FLEET IS REGISTERED OUTSIDE THE STATE OF
 NEW YORK, AND IF SO, WHERE SUCH FLEET IS REGISTERED;
   (L) THE PERCENTAGE OF AN OPERATOR'S FLEET BEING DRIVEN ON PUBLIC HIGH-
 WAYS COMPARED TO THE PERCENTAGE PARKED AT A FACILITY ON AN AVERAGE DAY;
   (M) THE AVERAGE ANNUAL MILEAGE OF THE OPERATOR'S FLEET;
   (N) WHETHER THE OPERATOR'S FLEET IS EQUIPPED WITH A GLOBAL POSITIONING
 SYSTEM OR OTHER FORM OF ELECTRONIC MILEAGE TRACKING;
 S. 2492                             4
 
   (O) HOW MANY YEARS AFTER PURCHASE OR LEASE A VEHICLE IN THE OPERATOR'S
 FLEET IS TYPICALLY KEPT;
   (P)  WHETHER  THE  FLEET  OPERATOR  IS  THE  OWNER  OF THE FLEET OR IS
 DISPATCHING VEHICLES AS A BROKER OF SUCH FLEET; AND
   (Q) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY IN  ORDER  TO
 ENFORCE THE PROVISIONS OF THIS SECTION.
   4. (A) COMMENCING IN THE YEAR TWO THOUSAND TWENTY-NINE, NO FLEET OPER-
 ATOR  SHALL NEWLY PURCHASE OR LEASE A DRAYAGE TRUCK IN THIS STATE UNLESS
 SUCH TRUCK IS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (B) COMMENCING IN THE YEAR TWO THOUSAND THIRTY-SEVEN, NO FLEET  OPERA-
 TOR SHALL MAINTAIN OR DRIVE A DRAYAGE TRUCK IN THIS STATE UNLESS IT IS A
 ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (C)  COMMENCING  IN THE YEAR TWO THOUSAND FORTY-TWO, NO FLEET OPERATOR
 SHALL MAINTAIN OR DRIVE A MEDIUM- OR HEAVY-DUTY VEHICLE  IN  THIS  STATE
 UNLESS IT IS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (D)  COMMENCING IN THE YEAR TWO THOUSAND TWENTY-NINE, NO HIGH PRIORITY
 FLEET OPERATOR MAY NEWLY PURCHASE OR LEASE A TRUCK IN THIS STATE  UNLESS
 SUCH  TRUCK  IS  A  ZERO  EMISSION  OR  NEAR ZERO EMISSION VEHICLE. ALSO
 COMMENCING IN THE YEAR TWO THOUSAND TWENTY-NINE, ALL HIGH PRIORITY FLEET
 OPERATORS MUST REPLACE A NON-ZERO EMISSION  OR  NON-NEAR  ZERO  EMISSION
 TRUCK  THAT HAS REACHED THE END OF ITS USEFUL LIFE, DEFINED AS OCCURRING
 WHEN EITHER (I) THE MODEL YEAR FOR THE ENGINE OF SUCH TRUCK HAS EXCEEDED
 EIGHTEEN YEARS, OR (II) SUCH TRUCK  HAS  BEEN  DRIVEN  MORE  THAN  EIGHT
 HUNDRED  THOUSAND  MILES,  WHICHEVER  IS SOONER, WITH A ZERO EMISSION OR
 NEAR ZERO EMISSION TRUCK. HIGH PRIORITY FLEET  OPERATORS  SHALL  NOT  BE
 REQUIRED  TO REPLACE A NON-ZERO EMISSION OR NON-NEAR ZERO EMISSION TRUCK
 THAT HAS REACHED THE END OF ITS USEFUL LIFE, HOWEVER, IF  SUCH  OPERATOR
 HAS  DETERMINED THAT A REPLACEMENT FOR SUCH TRUCK IS UNNECESSARY BECAUSE
 OF A REDUCTION IN THE SIZE OF SUCH OPERATOR'S FLEET.
   (E)  (I) THE COMMISSIONER MAY, IN THEIR DISCRETION, EXEMPT FLEET OPER-
 ATORS FROM THE ZERO EMISSION OR NEAR ZERO  EMISSION  FLEET  REQUIREMENTS
 DESCRIBED  IN  THIS  SUBDIVISION  IF  NO SUCH ZERO EMISSION OR NEAR ZERO
 EMISSION VEHICLE MODEL IS AVAILABLE FOR PURCHASE OR  LEASE  WHICH  MEETS
 THE NEEDS OF SUCH FLEET OPERATOR, IN WHICH CASE THE FLEET OPERATOR SHALL
 BE  ABLE  TO  PURCHASE  OR LEASE AN ALTERNATIVE VEHICLE MODEL, INCLUDING
 MODELS  WITH   AN   INTERNAL   COMBUSTION ENGINE, WHERE  NECESSARY.  THE
 COMMISSIONER SHALL PROMULGATE RULES AND/OR REGULATIONS TO EFFECTUATE THE
 PROVISIONS OF THIS PARAGRAPH.
   (II) THE DEPARTMENT SHALL MAINTAIN, ON A PUBLICLY ACCESSIBLE  WEBSITE,
 A LIST OF VEHICLE MODELS, SORTABLE BY MANUFACTURER AND MODEL YEAR, WHICH
 ARE NOT YET AVAILABLE AS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   5.  (A) THE DEPARTMENT SHALL ESTABLISH A NAVIGATION PROGRAM TO PROVIDE
 INFORMATION AND ASSISTANCE TO FLEET OPERATORS RELATING TO THE PROVISIONS
 OF THIS SECTION. SUCH PROGRAM SHALL  INCLUDE  ASSISTANCE  BY  A  NATURAL
 PERSON  BY  PHONE  AND  EMAIL AS WELL AS THE POSTING OF INFORMATION ON A
 PUBLICLY ACCESSIBLE WEBSITE.
   (B) THE NAVIGATION PROGRAM SHALL PROVIDE THE FOLLOWING:
   (I) INFORMATION ABOUT AVAILABLE ZERO EMISSION AND NEAR  ZERO  EMISSION
 MODELS OF VEHICLES FOR FLEET OPERATORS COVERED UNDER THIS SECTION;
   (II) INFORMATION ABOUT AVAILABLE PROGRAMS TO ASSIST FLEET OPERATORS IN
 THE  PURCHASING  OR  LEASE OF ZERO EMISSION AND NEAR ZERO EMISSION VEHI-
 CLES, SUCH AS BUT NOT LIMITED TO, VOUCHERS, REBATES, COMPETITIVE GRANTS,
 LOW-COST FINANCING, OR ANY  OTHER  PROGRAM  OFFERED  BY  ANY  PUBLIC  OR
 PRIVATE ENTITY; AND
   (III)  ANY OTHER INFORMATION THE DEPARTMENT DEEMS RELEVANT IN ORDER TO
 COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
 S. 2492                             5
 
   (C) THE DEPARTMENT SHALL CONDUCT AN OUTREACH AND EDUCATION CAMPAIGN TO
 INFORM FLEET OPERATORS OF THE PROVISIONS OF THIS SECTION.
   6.  NO  LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 AND EACH YEAR THEREAFTER, THE DEPARTMENT SHALL ISSUE  A  REPORT  ON  THE
 STATE  OF  THE TRUCKING INDUSTRY AS IT RELATES TO THE PROVISIONS OF THIS
 SECTION.  SUCH REPORT SHALL INCLUDE:
   (A) THE NUMBER OF FLEET OPERATORS  COVERED  BY  THIS  SECTION  AND  AN
 AGGREGATE DESCRIPTION OF SUCH OPERATORS' FLEETS, INCLUDING THE NUMBER OF
 DRAYAGE TRUCKS AND MEDIUM- AND HEAVY-DUTY VEHICLES ACROSS THE STATE;
   (B)   THE   AGGREGATE  PERCENTAGE  OF  VEHICLES  OWNED,  OPERATED,  OR
 CONTROLLED BY FLEET OPERATORS COVERED UNDER THIS SECTION WHICH ARE  ZERO
 EMISSION OR NEAR ZERO EMISSION VEHICLES COMPARED TO NON-ZERO EMISSION OR
 NON-NEAR ZERO EMISSION VEHICLES;
   (C)  AN AGGREGATE DESCRIPTION OF THE PURCHASE OR LEASE OF NEW VEHICLES
 BY FLEET OPERATORS AND WHETHER SUCH VEHICLES ARE ZERO EMISSION  OR  NEAR
 ZERO  EMISSION  VEHICLES  COMPARED TO NON-ZERO EMISSION OR NON-NEAR ZERO
 EMISSION VEHICLES;
   (D) AN AGGREGATE DESCRIPTION, BY NUMBER AND  PERCENTAGE,  OF  NON-ZERO
 EMISSION  OR  NON-NEAR  ZERO  EMISSION  VEHICLES COVERED BY THIS SECTION
 WHICH WERE NOT ABLE TO BE REPLACED WITH ZERO EMISSION OR NEAR ZERO EMIS-
 SION VEHICLES DUE TO SUCH VEHICLE MODEL'S  UNAVAILABILITY,  AS  WELL  AS
 SUCH  MODEL'S  ANTICIPATED  DATE, IF ANY, OF AVAILABILITY BY ANY VEHICLE
 MANUFACTURER;
   (E) THE ESTIMATED AGGREGATE ANNUAL MILEAGE OF FLEET OPERATORS  COVERED
 BY THIS SECTION;
   (F)  THE ESTIMATED AGGREGATE ANNUAL TAILPIPE EMISSIONS OF FLEET OPERA-
 TORS COVERED BY THIS SECTION, BASED ON THE MILEAGE REPORTED IN PARAGRAPH
 (E) OF THIS SUBDIVISION;
   (G) RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES TO THIS SECTION; AND
   (H) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY TO INCLUDE AS
 A DESCRIPTION OF THE TRUCKING INDUSTRY'S COMPLIANCE WITH THIS ACT.
   SUCH REPORT SHALL BE DELIVERED ON AN ANNUAL  BASIS  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.
   7.  (A)  ANY FLEET OPERATOR WHO VIOLATES THE PROVISIONS OF SUBDIVISION
 FOUR OF THIS SECTION SHALL BE LIABLE, IN THE CASE OF A FIRST  VIOLATION,
 FOR  A PENALTY NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN EIGHTEEN
 THOUSAND DOLLARS FOR SAID VIOLATION; PROVIDED, HOWEVER, THAT THE COMMIS-
 SIONER MAY IN THEIR DISCRETION SUSPEND SUCH PENALTY FOR A PERIOD OF  ONE
 CALENDAR  YEAR. IF AT THE END OF SUCH CALENDAR YEAR, SUCH FLEET OPERATOR
 REMAINS NONCOMPLIANT WITH SUBDIVISION FOUR OF THIS SECTION, SUCH PENALTY
 SHALL BE REINSTATED AND  BECOME  IMMEDIATELY  DUE  AND  PAYABLE  TO  THE
 COMMISSIONER.
   (B)  IN  THE  CASE OF A SECOND OR ANY FURTHER VIOLATION, THE LIABILITY
 SHALL BE FOR A PENALTY NOT TO EXCEED  TWENTY-SIX  THOUSAND  DOLLARS  FOR
 SAID VIOLATION.
   § 4. This act shall take effect on the one hundred eightieth 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.