Amd §§3-101 & 5-108, Energy L; amd §201-a, Exec L; amd §§56-0603 & 56-0605, En Con L
Requires that the manufacture and distribution of electric vehicles, wind turbines, solar collectors and infrastructure to upgrade the power grid is conducted using only wind and solar energy and does not use any power derived from fossil fuels, nuclear energy or any form of combustion; amends definitions within the clean-fueled vehicle and buses projects to require such vehicles are manufactured and distributed using only wind and solar energy.
STATE OF NEW YORK
________________________________________________________________________
3423
2025-2026 Regular Sessions
IN SENATE
January 27, 2025
___________
Introduced by Sen. BORRELLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the energy law, the executive law and the environmental
conservation law, in relation to requiring that the manufacture and
distribution of electric vehicles, wind turbines, solar collectors and
infrastructure to upgrade the power grid is conducted using only wind
and solar energy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 5 and 6 of section 3-101 of the energy law,
2 subdivision 5 as amended by chapter 396 of the laws of 1978, are amended
3 and a new subdivision 8 is added to read as follows:
4 5. to foster, encourage and promote the prudent development and wise
5 use of all indigenous state energy resources including, but not limited
6 to, on-shore oil and natural gas, off-shore oil and natural gas, natural
7 gas from Devonian shale formations, small head hydro, wood, solar, wind,
8 solid waste, energy from biomass, fuel cells and cogeneration; [and]
9 6. to encourage a new ethic among its citizens to conserve rather than
10 waste precious fuels; and to foster public and private initiative to
11 achieve these ends at the state and local levels[.]; and
12 8. to require that the manufacture and distribution of electric vehi-
13 cles, wind turbines, solar collectors and infrastructure to upgrade the
14 power grid is conducted using only wind and solar energy and does not
15 use any power derived from fossil fuels, nuclear energy or any form of
16 combustion. This subdivision shall apply to all mining and material
17 processing required to obtain and create materials used, all industrial
18 operations, fabrication and assembly, and all distribution to end users.
19 § 2. Section 5-108 of the energy law is amended by adding a new subdi-
20 vision b-1 to read as follows:
21 b-1. The commissioner, in consultation with the office of general
22 services, shall promulgate rules and regulations which shall require, at
23 a minimum, that all electric passenger automobiles purchased by or for
24 the state or any agency or public authority thereof shall have been
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07922-01-5
S. 3423 2
1 manufactured and distributed using only power derived from wind and
2 solar energy, in accordance with the provisions of subdivision eight of
3 section 3-101 of this chapter.
4 § 3. Subdivision 2 of section 201-a of the executive law, as added by
5 chapter 413 of the laws of 1996, is amended to read as follows:
6 2. For the purposes of this section, the term "clean-fueled vehicle"
7 shall mean any motor vehicle as defined in section one hundred twenty-
8 five of the vehicle and traffic law, that uses electricity, either
9 stored or generated on-board, as its primary motive force or that is
10 fueled by compressed natural gas, propane, methanol, hydrogen or etha-
11 nol. A vehicle shall be considered a "clean-fueled vehicle" only if the
12 manufacture and distribution process of such vehicle was conducted using
13 wind and solar energy and without the use of fossil fuels, nuclear ener-
14 gy or any form of combustion, including the mining and material process-
15 ing required to obtain and create materials used, all industrial oper-
16 ations, fabrication and assembly and all distribution to end users.
17 § 4. Subdivision 2 of section 56-0603 of the environmental conserva-
18 tion law, as added by chapter 413 of the laws of 1996, is amended to
19 read as follows:
20 2. For the purposes of this section, the term "clean-fueled vehicle"
21 shall mean any motor vehicle as defined in section one hundred twenty-
22 five of the vehicle and traffic law, that uses electricity, including
23 electricity generated from solar energy, either stored or generated
24 on-board, as its primary motive force, or that is fueled by compressed
25 natural gas, propane, methanol, hydrogen or ethanol. A vehicle shall be
26 considered a "clean-fueled vehicle" only if the manufacture and distrib-
27 ution process of such vehicle was conducted using wind and solar energy
28 and without the use of fossil fuels, nuclear energy or any form of
29 combustion, including the mining and material processing required to
30 obtain and create materials used, all industrial operations, fabrication
31 and assembly and all distribution to end users.
32 § 5. Subdivision 2 of section 56-0605 of the environmental conserva-
33 tion law, as amended by section 3 of part I of chapter 82 of the laws of
34 2002, is amended to read as follows:
35 2. For the purposes of this section, the term "clean-fueled bus" shall
36 mean any motor vehicle having a seating capacity of fifteen or more
37 passengers in addition to the driver and used for the transportation of
38 persons on public highways, that is fueled by compressed natural gas,
39 propane, methanol, hydrogen, biodiesel or ethanol, or uses electricity,
40 including electricity generated from solar energy, either stored or
41 generated on-board, as its primary motive force and that was manufac-
42 tured and distributed using only wind and solar energy without the use
43 of fossil fuels, nuclear energy or any form of combustion. For the
44 purposes of this section, the term "diesel-fueled school bus retrofit
45 equipment" shall mean equipment and/or technologies, including, but not
46 limited to, particulate traps or filters and catalytic converters that
47 reduce emissions of particulate matter, hydrocarbons, oxides of nitro-
48 gen, carbon monoxide, or toxic air pollutants.
49 § 6. This act shall take effect one year after it shall have become a
50 law. Effective immediately, the addition, amendment, and/or repeal of
51 any rule or regulation necessary for the implementation of this act on
52 its effective date are authorized to be made and completed on or before
53 such effective date.
