Bill Text: NY S05439 | 2019-2020 | General Assembly | Amended
Bill Title: Directs the commissioner of energy to adopt regulations increasing fuel economy standards for passenger vehicles purchased by or for the state or any agency or public authority thereof, and requires that by 2030 all such vehicles shall be battery, electric, plug-in hybrid electric or zero emission vehicles.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-06-04 - PRINT NUMBER 5439A [S05439 Detail]
Download: New_York-2019-S05439-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5439--A 2019-2020 Regular Sessions IN SENATE May 1, 2019 ___________ Introduced by Sens. METZGER, BROOKS, CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- recommitted to the Committee on Energy and Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the energy law, in relation to the purchase of fuel economy, electric and hybrid passenger vehicles by the office of general services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 5-108 of the energy law, as amended by chapter 120 2 of the laws of 1990, is amended to read as follows: 3 § 5-108. Purchase of passenger automobiles. a. The commissioner, in 4 consultation with the commissioner of the office of general services, 5 shall promulgate rules and regulations which shall require[, at a mini-6mum,] that all passenger automobiles purchased by or for the state or 7 any agency or public authority thereof, of which a majority of the 8 members are appointed by the governor, in any fiscal year which 9 commences on or after April first, [nineteen hundred eighty-one] two 10 thousand twenty-one, achieve an average fuel economy [not less than] 11 that meets or exceeds the applicable average fuel economy standard 12 established pursuant to the provisions of this section for the model 13 year which includes January first of such fiscal year. 14 b. The commissioner, in consultation with the office of general 15 services, shall be further authorized to establish minimum fuel economy 16 standards for different classes of passenger automobiles, as appropri- 17 ate, which shall be applicable to such vehicles purchased by or for the 18 state or any agency or public authority thereof subject to the require- 19 ments of subdivision a of this section. By January first, two thousand EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11348-03-0S. 5439--A 2 1 twenty-two the commissioner shall purchase battery, electric, plug-in 2 hybrid electric or zero-emission vehicles. 3 c. As used in this section: 4 (1) The term "passenger automobile" means any four wheeled vehicle 5 propelled by fuel which is manufactured for use on public streets, roads 6 and highways, which is rated at six thousand pounds gross vehicle weight 7 or less, and which the commissioner determines by rule is manufactured 8 primarily for use in the transportation of not more than ten individ- 9 uals. 10 (2) The term "passenger automobile" shall not include police, fire, or 11 other emergency vehicles, as defined by the commissioner, or snow 12 removal, salt-spreader, and garbage disposal vehicles, or any vehicles 13 which the commissioner determines, by regulation, should be excluded 14 from being defined as "passenger vehicles". 15 (3) The term "average fuel economy" means the total number of passen- 16 ger automobiles acquired in a fiscal year to which this section applies 17 divided by a sum of terms, each term of which is a fraction created by 18 dividing (i) the number of passenger automobiles so acquired of a given 19 model type, by (ii) the rated fuel economy of such model type as deter- 20 mined and published by the federal agency with jurisdiction over the 21 determination and publication of such fuel economy ratings during that 22 fiscal year. 23 (4) The term "average fuel economy standard" means the average miles 24 per gallon to be achieved in the operation of passenger automobiles 25 manufactured in a particular model year and shall be as follows: 26 Model year Fuel economy standard 27 (miles per gallon) 28 1981 ................................................... 22.0 29 1982 ................................................... 24.0 30 1983 ................................................... 26.0 31 1984 ................................................... 27.0 32 1985 ................................................... 27.5 33 1991 [and thereafter] through 2020 ..................... 29.0 34 Beginning July first, two thousand twenty-one, the commissioner shall 35 set targets through regulation for the acquisition and use of battery, 36 electric or plug-in hybrid electric vehicles. By two thousand thirty all 37 passenger vehicles purchased by or for the state or any agency or public 38 authority thereof shall be zero-emission vehicles. 39 (5) The term "battery, electric, or plug-in hybrid electric vehicle" 40 means a motor vehicle, as defined in section one hundred twenty-five of 41 the vehicle and traffic law, that: has four wheels; was manufactured for 42 use primarily on public streets, roads and highways; the powertrain of 43 which has not been modified from the original manufacturer's specifica- 44 tions; is rated at not more than eight thousand five hundred pounds 45 gross vehicle weight; has maximum speed capability of at least fifty- 46 five miles per hour; and is propelled at least in part by an electronic 47 motor and associated power electronics which provide acceleration torque 48 to the drive wheels sometime during normal vehicle operation, and that 49 draws electricity. 50 (6) The term "zero-emission vehicles" shall have the same meaning as 51 set forth in 6 NYCRR Part 218. 52 § 2. This act shall take effect immediately.