Relates to certificates of registration for entities that manufacture or assemble zero emissions vehicles; authorizes 20 certificates with at least five to be located in certain upstate regions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8248A
SPONSOR: Morelle TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to certificates of registration for entities that manufacture
or assemble zero emissions vehicles
PURPOSE:
To increase the certificates of registration for entities that manufac-
ture or assemble zero emissions vehicles while offering repair services
to those vehicles throughout the state.
SUMMARY OF PROVISIONS:
Section 1:
I. Commissioner may issue and renew a certificate of registration to a
franchisor, manufacturer, distributor, distributor branch or factory
branch as such terms are defined in section four hundred sixty-two of
this title, or to any subsidiary, affiliate or controlled entity;
provided, however, that such franchisor, manufacturer, distributor,
distributor branch or factory branch, or any subsidiary, affiliate or
controlled entity thereof
(A) held a certificate of registration as on March twenty-sixth, two
thousand fourteen,
(B) is a manufacturer that manufactures or assembles exclusively zero
emission vehicles, or is a subsidiary, affiliate, or controlled entity
of such a manufacture, and
(C) holds no more than twenty certificates of registration at any one
time.
II. Shall offer repair service to repair any zero emissions vehicles
sold or leased by said franchisor, manufacturer, distributor, distribu-
tor branch or factory branch, or any subsidiary, affiliate or controlled
entity thereof.
III. Shall maintain at least one certificate of registration in each of
the following regions:
(A) Region one shall consist of Columbia, Delaware, Dutchess, Greene,
Orange, Sullivan, Putnam, and Ulster counties;
(B) Region two shall consist of Albany, Clinton, Essex, Franklin,
Fulton, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Scho-
harie, Warren, and Washington counties;
(C) Region three shall consist of Broome, Cayuga, Chenango, Cortland,
Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego,
St. Lawrence, Tioga, and Tompkins counties;
(D) Region four shall consist of Chemung, Livingston, Monroe, Ontario,
Seneca, Schuyler, Steuben, Wayne, and Yates counties; and
(E) Region five shall consist of Allegany, Cattaraugus, Chautauqua,
Erie, Genesee, Niagara, Orleans, and Wyoming counties.
Section 2:
This act shall take effect immediately.
JUSTIFICATION:
New York State is long history of leadership in green and innovative
technology. We as a state aim to ensure that we leave a vibrant planet
for the next generation. The state has set a goal of cutting its 1990
levels of greenhouse gas emissions by 40 percent by 2030 and by 80
percent by 2050. In 2016, the Clean Energy Standard was adopted to help
achieve these goals. To aid in the effort of promoting action to address
environmental concerns, programs were included in the 2016-2017 New York
State budget to encourage the use of zero-emission vehicles throughout
the state.
This bill aligns with those goals and looks to promote the use of zero-
emission vehicles. The bill will make sure that consumers not only have
access to innovative modes of transportation but they will also be able
to conveniently service these modes of transportation. This bill will
address the need to have a wider geographic scope where all New Yorkers
can have access to zero-emission vehicles, if they so choose. It is the
goal of this bill to not only provide access to consumers, but to make
sure that New York State remains a leader in innovative technology as we
move towards a 21st century workforce.
While the state supports the dealer-manufacturer structure laid out in
New York State franchise law, flexibility is critical now more than ever
as we begin to respond to new and emerging technologies.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8248--A
2017-2018 Regular Sessions
IN ASSEMBLY
June 2, 2017
___________
Introduced by M. of A. MORELLE, STIRPE, FAHY, D'URSO, WALKER, ROZIC,
QUART, THIELE, L. ROSENTHAL, SKOUFIS, SEPULVEDA, PAULIN, CARROLL,
BUCHWALD, MOSLEY, GALEF, SIMOTAS, BARRON, LUPARDO, COLTON, SIMON,
DICKENS, CAHILL, LIFTON, VANEL -- Multi-Sponsored by -- M. of A. ERRI-
GO, MONTESANO, SKARTADOS -- read once and referred to the Committee on
Transportation -- recommitted to the Committee on Transportation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to certificates
of registration for entities that manufacture or assemble zero emis-
sions vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (iii) of paragraph f of subdivision 7 of
2 section 415 of the vehicle and traffic law, as amended by chapter 26 of
3 the laws of 2014, is amended to read as follows:
4 (iii) (1) Notwithstanding any other provision of this paragraph or any
5 provision of paragraph (bb) of subdivision two of section four hundred
6 sixty-three of this title, the commissioner may issue and renew [any] a
7 certificate of registration [that was issued] to a franchisor, manufac-
8 turer, distributor, distributor branch or factory branch, as such terms
9 are defined in section four hundred sixty-two of this title, or to any
10 subsidiary, affiliate or controlled entity thereof[, prior to March
11 twenty-sixth, two thousand fourteen]; provided, however, that such fran-
12 chisor, manufacturer, distributor, distributor branch or factory branch,
13 or any subsidiary, affiliate or controlled entity thereof, (A) held a
14 certificate of registration as of March twenty-sixth, two thousand four-
15 teen, (B) is a manufacturer that manufactures or assembles exclusively
16 zero emissions vehicles, or is a subsidiary, affiliate, or controlled
17 entity of such a manufacturer, and (C) holds no more than twenty certif-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11779-02-8
A. 8248--A 2
1 icates of registration at any one time; and provided further that a
2 controlling interest in such original franchisor, manufacturer, distrib-
3 utor, distributor branch or factory branch or any subsidiary, affiliate
4 or controlled entity was not transferred, sold or conveyed to another
5 person or entity, other than to a subsidiary, affiliate or controlled
6 entity of such franchisor, manufacturer, distributor, distributor branch
7 or factory branch. For purposes of this paragraph, zero emission vehi-
8 cles shall have the same meaning as under part two hundred eighteen of
9 title six of the New York code of rules and regulations.
10 (2) Notwithstanding any section of law, rule, or regulation to the
11 contrary, any franchisor, manufacturer, distributor, distributor branch
12 or factory branch, or any subsidiary, affiliate or controlled entity
13 thereof that obtains a new certificate of registration pursuant to this
14 subparagraph on and after the effective date of this clause shall offer
15 repair service to repair any zero emissions vehicles sold or leased by
16 said franchisor, manufacturer, distributor, distributor branch or any
17 factory branch, or any subsidiary, affiliate or controlled entity there-
18 of.
19 (3) Notwithstanding any section of law, rule, or regulation to the
20 contrary, any franchisor, manufacturer, distributor, distributor branch
21 or factory branch, or any subsidiary, affiliate or controlled entity
22 thereof that obtains a new certificate of registration pursuant to this
23 subparagraph on and after the effective date of this clause shall main-
24 tain at least one certificate of registration in each of the following
25 regions:
26 (A) Region one shall consist of Columbia, Delaware, Dutchess, Greene,
27 Orange, Sullivan, Putnam, and Ulster counties;
28 (B) Region two shall consist of Albany, Clinton, Essex, Franklin,
29 Fulton, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Scho-
30 harie, Warren, and Washington counties;
31 (C) Region three shall consist of Broome, Cayuga, Chenango, Cortland,
32 Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego,
33 St. Lawrence, Tioga, and Tompkins counties;
34 (D) Region four shall consist of Chemung, Livingston, Monroe, Ontario,
35 Seneca, Schuyler, Steuben, Wayne and Yates counties; and
36 (D) Region five shall consist of Allegany, Cattaraugus, Chautauqua,
37 Erie, Genesee, Niagara, Orleans and Wyoming counties.
38 § 2. This act shall take effect immediately.
