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S06445 Summary:

BILL NOS06445
 
SAME ASNo Same As
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Amd §§2281 & 2282, V & T L
 
Enacts the "all electric ATVs act"; requires a study to be conducted on the feasibility of installing electric ATV charging stations along all state-maintained trails where use of ATVs is permitted, with the goal to have 100% all electric ATVs within the state by 2035; increases the weight limit of ATVs to 2 thousand pounds dry weight; amends fee schedules for registration of ATVs; directs a portion of funds collected from registration of electric ATVs to be donated to the federal EPA.
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S06445 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6445
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 14, 2025
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
 
        AN ACT in relation to requiring a study to be conducted on the feasibil-
          ity of installing electric ATV charging stations along all state-main-
          tained trails where use of ATVs is permitted; and to amend the vehicle
          and traffic law, in relation to weight limits of ATVs, and fee  sched-
          ules and use of funds collected from registration of ATVs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "all electric ATVs act of 2025".
     3    § 2. The legislature finds that the severity of current climate change
     4  and  the threat of additional and more severe change will be affected by
     5  the actions undertaken by New York and  other  jurisdictions  to  reduce
     6  greenhouse  gas  emissions. According to the U.S. Global Change Research
     7  Program (USGCRP) and  the  Intergovernmental  Panel  on  Climate  Change
     8  (IPCC),  substantial  reductions  in  greenhouse  gas  emissions will be
     9  required by mid-century in order to limit global warming to no more than
    10  2° C and ideally 1.5° C above pre-industrial levels, and  thus  minimize
    11  the  risk of severe impacts from climate change. Specifically, industri-
    12  alized countries must reduce their greenhouse gas emissions by at  least
    13  80%  below  1990  levels  by  2050  in order to stabilize carbon dioxide
    14  equivalent concentrations at 450 parts per million--the  level  required
    15  to stay within the 2° C target.
    16    It  shall  be  a  goal  of the state that by 2036, 100% of all terrain
    17  vehicles (ATVs) sold in New  York  state  shall  be  fully  electric  to
    18  contribute toward greenhouse gas emission reduction.
    19    § 3. (a) The New York state energy research and development authority,
    20  in  cooperation with the department of environmental conservation, shall
    21  conduct a study on the feasibility of installing electric  ATV  charging
    22  stations  along all state-maintained trails where use of ATVs is permit-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10926-01-5

        S. 6445                             2
 
     1  ted, with the goal to have all ATVs within the state be 100% fully elec-
     2  tric by 2036. Such study shall include,  but  not  be  limited  to,  the
     3  economic  and  logistical  feasibility  of  installing such electric ATV
     4  charging  stations,  and  any potential adverse environmental impacts of
     5  installing such electric ATV charging stations.
     6    (b) No later than one year after the effective date of  this  section,
     7  the New York state energy research and development authority, in cooper-
     8  ation  with  the  department of environmental conservation, shall create
     9  and submit a report on the study conducted under subdivision (a) of this
    10  section to the governor, the temporary  president  of  the  senate,  the
    11  speaker  of  the  assembly,  the  minority leader of the senate, and the
    12  minority leader of the assembly, which shall include  the  findings  and
    13  recommendations of such study.
    14    (c)  For  the purposes of this section, the following terms shall have
    15  the following meanings:
    16    (i) "all terrain vehicle" or "ATV" shall  have  the  same  meaning  as
    17  defined by section 2281 of the vehicle and traffic law.
    18    (ii)  "electric ATV" shall have the same meaning as defined by section
    19  2281 of the vehicle and traffic law.
    20    (iii) "electric ATV charging station" means a  station  that  delivers
    21  electricity from a source outside an electric ATV into one or more elec-
    22  tric  ATVs.  An electric ATV charging station may include several charge
    23  points simultaneously connecting several electric ATVs  to  the  station
    24  and any related equipment needed to facilitate charging plug-in electric
    25  ATVs.
    26    §  4. Subdivision 1 of section 2281 of the vehicle and traffic law, as
    27  amended by chapter 319 of the laws of 1997, is amended and a new  subdi-
    28  vision 3 is added to read as follows:
    29    1. (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
    30  which  is  manufactured  for sale for operation primarily on off-highway
    31  trails or off-highway competitions and  only  incidentally  operated  on
    32  public  highways  providing  that  such  vehicle does not exceed seventy
    33  inches in width, or [one] two  thousand  pounds  dry  weight.  Provided,
    34  however, this definition shall not include a "snowmobile" or other self-
    35  propelled vehicles manufactured for off-highway use exclusively designed
    36  for  travel  on snow or ice, steered by skis or runners and supported in
    37  whole or in part by one or more skis, belts or cleats which  utilize  an
    38  endless belt tread.
    39    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    40  sion, the term "all terrain vehicle" or  "ATV"  shall  not  include  any
    41  vehicle  used  for  agricultural purposes or for snowplowing, other than
    42  for hire, provided, however, that any such vehicle shall register as  an
    43  "all  terrain vehicle" or "ATV" pursuant to the provisions of this arti-
    44  cle if such vehicle is used or is intended to be used  for  any  purpose
    45  other  than  agricultural purposes or for snowplowing and shall be regu-
    46  lated in accordance with provisions  governing  the  operation  of  "all
    47  terrain vehicles" or ["ATV's"] "ATVs" while in such use.
    48    3.  "Electric  ATV" means an ATV that draws electricity for propulsion
    49  from a traction battery with  at  least  five  kilowatt-hours  (kWh)  of
    50  capacity,  and  uses  an  external  source  of  energy  to recharge such
    51  battery. Such term shall not include ATVs with a second source of energy
    52  for propulsion.
    53    § 5. Subdivision 4 of section 2282 of the vehicle and traffic law,  as
    54  amended by chapter 402 of the laws of 1986 and paragraphs (a) and (b) as
    55  amended  and  the  closing  paragraph as added by section 4 of part G of
    56  chapter 59 of the laws of 2009, is amended to read as follows:

        S. 6445                             3
 
     1    4. Fees. Fees for registration of ATVs to be collected by the  commis-
     2  sioner under this article are as follows.
     3    (a) (i) One thousand pounds dry weight or less:
     4    (1)  An  annual  fee of [twelve] fifteen dollars [and fifty cents] for
     5  each individual resident registration.
     6    [(b)] (2) An annual fee of [twelve] nineteen dollars and  fifty  cents
     7  for each individual nonresident registration.
     8    [(c)]  (ii)  One  thousand  one pounds dry weight to one thousand five
     9  hundred pounds dry weight:
    10    (1) An annual fee of forty dollars for each individual resident regis-
    11  tration.
    12    (2) An annual fee of fifty-two dollars for each individual nonresident
    13  registration.
    14    (iii) One thousand five hundred one pounds dry weight to two  thousand
    15  pounds dry weight:
    16    (1) An annual fee of sixty dollars for each individual resident regis-
    17  tration.
    18    (2) An annual fee of seventy-eight dollars for each individual nonres-
    19  ident registration.
    20    (b) An annual fee of twenty-five dollars for each dealer registration.
    21    [(d)]  (c)  An  annual  fee of five dollars for each additional dealer
    22  demonstrator registration number.
    23    [(e)] (d) A fee of three dollars for replacement of a lost,  mutilated
    24  or destroyed certificate.
    25    [(f)] (e) Provided, however, that the provisions of paragraphs (b) and
    26  (c)  [and (d)] of this subdivision with respect to the payment of dealer
    27  registration fees shall not apply  to  dealers  registered  pursuant  to
    28  section four hundred fifteen of this chapter.
    29    [(g)]  (f)  Annual  fees  shall not be prorated and such fees shall be
    30  applicable to a year or any portion of a year.
    31    (g) Notwithstanding any inconsistent provision of  this  section,  the
    32  difference collected between the fees set forth in the former paragraphs
    33  (a)  and (b) of this subdivision in effect on and after September first,
    34  two thousand nine and the fees set forth in such  former  paragraphs  in
    35  effect  prior to such date shall be deposited to the credit of the dedi-
    36  cated highway and bridge trust fund.
    37    (h) Notwithstanding any inconsistent provision of  this  section,  the
    38  difference  collected  between the fees set forth in subparagraph (i) of
    39  paragraph (a) of this subdivision  in  effect  on  and  after  September
    40  first,  two  thousand  twenty-five  and the fees set forth in the former
    41  paragraphs (a) and (b) of this subdivision in effect prior to the effec-
    42  tive date of the chapter of the laws of two thousand  twenty-five  which
    43  amended  this  subdivision,  when collected for registration of electric
    44  ATVs, shall be donated  to  the  credit  of  the  federal  Environmental
    45  Protection  Agency; provided, further, that the total collected from the
    46  fees set forth in subparagraphs (ii) and (iii) of paragraph (a) of  this
    47  subdivision,  when collected for registration of electric ATVs, shall be
    48  donated to the credit of the federal Environmental Protection Agency.
    49    § 6. This act shall take effect immediately.
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