Add §5-109, Energy L; add §19-0306-c, En Con L; add §1886, Pub Auth L
 
Requires all ferries purchased by or for the state or any agency or public authority thereof, in any fiscal year which commences on or after April 1, 2028, produce zero emissions; directs NYSERDA to conduct a feasibility study related to transitioning certain workboats to be zero-emission; defines terms.
STATE OF NEW YORK
________________________________________________________________________
11303
IN ASSEMBLY
May 11, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simon) --
read once and referred to the Committee on Energy
AN ACT to amend the energy law, the environmental conservation law and
the public authorities law, in relation to requiring publicly funded
ferries to be zero-emission and directing the New York state energy
research and development authority to conduct a feasibility study
related to transitioning certain workboats to be zero-emission
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The energy law is amended by adding a new section 5-109 to
2 read as follows:
3 § 5-109. Purchase of zero-emission ferries. The president of the New
4 York state energy research and development authority shall promulgate
5 rules and regulations which shall require that all ferries purchased by
6 or for the state or any agency or public authority thereof, in any
7 fiscal year which commences on or after April first, two thousand twen-
8 ty-eight, produce zero emissions. Privately licensed ferries that
9 receive funding from the state or any agency or public authority there-
10 of, where such funds are provided to subsidize a particular route,
11 shall, in any fiscal year which commences on or after April first, two
12 thousand twenty-eight, purchase zero or near-zero emission ferries to
13 service that particular route.
14 § 2. The environmental conservation law is amended by adding a new
15 section 19-0306-c to read as follows:
16 § 19-0306-c. Ferry emissions regulations.
17 1. The commissioner shall promulgate rules and regulations which shall
18 require that all ferries purchased by or for the state or any agency or
19 public authority, and privately licensed ferries that receive funding
20 from the state or any agency or public authority thereof, where such
21 funds are provided to subsidize a particular route, operating in the
22 navigable waters of the state shall produce zero emissions by two thou-
23 sand forty-two. Such ferries may only utilize fossil fuel-based engines
24 as range extenders.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15766-01-6
A. 11303 2
1 2. The provisions of this section shall not apply to commercial or
2 sports fishing boats, ocean-going ships or other vessels transporting
3 goods through the Great Lakes.
4 3. For purposes of this section, the following terms shall have the
5 following meanings:
6 (a) "Zero emissions" shall mean zero exhaust emissions of any green-
7 house gas, criteria pollutant, or precursor pollutant from the onboard
8 power source under any operational modes or conditions.
9 (b) "Near-zero emission" shall mean technologies that significantly
10 reduce greenhouse gas, criteria pollutant, or precursor pollutant from
11 the onboard power source under any operational modes or conditions and
12 provide a pathway to zero-emission operations.
13 (c) "Navigable waters of the state" shall have the same meaning as in
14 subdivision four of section two of the navigation law.
15 (d) "Fossil fuel" shall mean coal, petroleum products and fuel gases.
16 (e) "Range extender" shall mean a fuel-based auxiliary power unit that
17 extends the range of an electric vessel by providing power to an elec-
18 tric generator that charges the vessel's battery, without being used as
19 the main propulsion system.
20 § 3. The public authorities law is amended by adding a new section
21 1886 to read as follows:
22 § 1886. Study on zero-emission tugboats and other workboats. 1. The
23 authority is hereby authorized and directed to conduct a comprehensive
24 study to analyze the need for charging stations along the Hudson river
25 and the New York state canal system to accommodate zero-emission
26 tugboats and other workboats. Depending on applicable duty cycles, these
27 vessels may include range extenders.
28 2. Such study shall examine, at a minimum:
29 (a) the current zero-emission tugboat and other workboat infrastruc-
30 ture, including an evaluation of revenue allocation options to assist in
31 an expansion of such infrastructure;
32 (b) the current and projected future volume of commercial goods move-
33 ment and other marine services, including an estimate of the number of
34 charging stations necessary to supply such operations upon a transition
35 of tugboats and other workboats to be zero-emission;
36 (c) any safety implications concerning the development of the electric
37 vessel infrastructure; and
38 (d) any negative impacts that may result from the installation of
39 charging stations.
40 3. The authority shall report its findings and any recommendations to
41 the governor, the temporary president of the senate and the speaker of
42 the assembly no later than two years after the effective date of this
43 section.
44 4. The provisions of this section shall not apply to commercial or
45 sports fishing boats, ocean-going ships or other public vessels trans-
46 porting goods through the Great Lakes.
47 5. For purposes of this section, the following terms shall have the
48 following meanings:
49 (a) "Workboats" shall mean non-ocean-going vessels used in commercial
50 transportation of goods and support port, construction, or other marine
51 service operations and shall include tugboats, towboats, barges and
52 dredges.
53 (b) "Zero-emission" shall mean zero exhaust emissions of any criteria
54 pollutant or greenhouse gas from the onboard source of power under any
55 possible operational modes or conditions.
A. 11303 3
1 § 4. Severability. If any clause, sentence, paragraph, subdivision,
2 section or part of this act shall be adjudged by any court of competent
3 jurisdiction to be invalid, such judgment shall not affect, impair, or
4 invalidate the remainder thereof, but shall be confined in its operation
5 to the clause, sentence, paragraph, subdivision, section or part thereof
6 directly involved in the controversy in which such judgment shall have
7 been rendered. It is hereby declared to be the intent of the legislature
8 that this act would have been enacted even if such invalid provisions
9 had not been included herein.
10 § 5. This act shall take effect immediately.