Add §5-108-b, Energy L; add §19-0306-c, En Con L; add §§1885, 1886, 1887 & 1888, amd §§1854 & 1266, Pub Auth
L; amd §352, Gen Muni L
Requires certain watercraft, aircraft, and trains to use clean energy, including ensuring such vehicles are zero-emissions; requires NYSERDA to study zero-emission commercial vehicles, the use of renewable energy in publicly funded airports, and the use of sustainable aviation fuel; requires NYSERDA to administer a grant program to flying schools and clubs that install charging infrastructure; provides for a rebate for zero emission boats.
STATE OF NEW YORK
________________________________________________________________________
2246
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. SIMON, GONZALEZ-ROJAS, EPSTEIN, TAYLOR, COLTON,
DAVILA -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the energy law, the environmental conservation law, the
public authorities law, and the general municipal law, in relation to
requiring certain watercraft, aircraft, and trains to be zero-emis-
sions; and to amend the public authorities law, in relation to requir-
ing NYSERDA to conduct certain studies and requiring certain monetary
incentives for clean energy vehicles
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 5-108-b
2 to read as follows:
3 § 5-108-b. Purchase of zero-emission ferries. a. The commissioner
4 shall promulgate rules and regulations which shall require that all
5 ferries purchased by or for the state or any agency or public authority
6 thereof, or any private nonprofit organization in any fiscal year which
7 commences on or after April first two thousand thirty, produce zero-em-
8 issions. Privately licensed ferries that receive funding from the state
9 or any agency or public authority thereof, where such funds are provided
10 to subsidize a particular route, shall, in any fiscal year which
11 commences on or after April first two thousand thirty, purchase zero-em-
12 ission ferries to service that particular route.
13 § 2. The environmental conservation law is amended by adding a new
14 section 19-0306-c to read as follows:
15 § 19-0306-c. Public vessel emissions regulations.
16 1. The commissioner shall promulgate rules and regulations which shall
17 require that all public vessels operating in the navigable waters of the
18 state shall produce zero or near zero-emissions by two thousand forty.
19 Public vessels may only utilize fossil fuel-based engines as range
20 extenders.
21 2. The provisions of this section shall not apply to commercial fish-
22 ing boats, ocean-going ships or public vessels transporting goods
23 through the Great Lakes.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03192-01-3
A. 2246 2
1 3. For purposes of this section, the following terms shall have the
2 following meanings:
3 (a) "public vessel" shall have the same meaning as in paragraph (a) of
4 subdivision six of section two of the navigation law;
5 (b) "navigable waters of the state" shall have the same meaning as in
6 subdivision four of section two of the navigation law;
7 (c) "fossil fuel" shall mean coal, petroleum products and fuel gases;
8 and
9 (d) "range extender" shall mean a fuel-based auxiliary power unit that
10 extends the range of an electric vessel by providing power to an elec-
11 tric generator that charges the vessel's battery.
12 § 3. The public authorities law is amended by adding a new section
13 1885 to read as follows:
14 § 1885. Study on zero-emission commercial vessels. 1. The New York
15 state energy research and development authority is hereby authorized and
16 directed to conduct a comprehensive study to analyze the need for charg-
17 ing stations along the Hudson river and the New York state canal system
18 to accommodate zero-emission commercial vessels.
19 2. Such study shall examine, at a minimum:
20 (a) the current electric vessel infrastructure, including an evalu-
21 ation of revenue allocation options to assist in an expansion of such
22 infrastructure;
23 (b) the volume of commercial barge operations, including an estimate
24 of the number of charging stations necessary to supply such operations
25 upon a transition of commercial barge operations to zero-emission
26 vessels;
27 (c) any safety implications concerning the development of the electric
28 vessel infrastructure; and
29 (d) any negative impacts that may result from the installation of
30 charging stations.
31 3. The authority shall report its findings and any recommendations to
32 the governor, the temporary president of the senate and the speaker of
33 the assembly no later than five years after the effective date of this
34 section.
35 § 4. The public authorities law is amended by adding a new section
36 1886 to read as follows:
37 § 1886. Boat clean rebate program. The authority shall establish and
38 administer a parallel program to the drive clean rebate program entitled
39 the boat clean rebate program to permit vessels, as defined in section
40 two of the navigation law, that produce zero-emissions and are no great-
41 er than twenty-five feet in length, to be eligible for a maximum rebate
42 amount of two thousand dollars.
43 § 5. Subdivision 1 of section 352 of the general municipal law, as
44 amended by chapter 904 of the laws of 1947, is amended to read as
45 follows:
46 1. Construct, develop, improve, equip, maintain and operate the same,
47 provided that, no later than January first, two thousand thirty, all
48 ground support equipment used by any public airport shall be zero-emis-
49 sion ground support equipment.
50 § 6. The public authorities law is amended by adding a new section
51 1887 to read as follows:
52 § 1887. Study on publicly funded airports. 1. The authority shall
53 conduct a study of all publicly funded airports within the state to
54 assess the financial viability of using renewable energy in such
55 airports. Such study shall examine the use of renewable energy sources,
56 including but not limited to, geothermal energy, solar energy and wind
A. 2246 3
1 energy, for on-site generation of electricity. Such study shall further
2 examine, at a minimum:
3 (a) the cost of each such source of renewable energy compared to the
4 cost of non-renewable energy sources;
5 (b) the efficiency of each such source of renewable energy compared to
6 the efficiency of non-renewable energy sources; and
7 (c) any safety implications for each such source of renewable energy.
8 2. The authority shall report its findings and any recommendations to
9 the governor, the temporary president of the senate, and the speaker of
10 the assembly no later than five years after the effective date of this
11 section.
12 § 7. Section 1854 of the public authorities law is amended by adding a
13 new subdivision 24 to read as follows:
14 24. To administer a program, using funds provided for such purpose, to
15 provide a grant to commercial flying school and non-profit flying clubs
16 to install charging infrastructure applicable to federal aviation admin-
17 istration certified electric aircraft. To be eligible for such grant,
18 flying schools and flying clubs shall be based at airports located in
19 this state. Any flying club seeking such grant shall have no less than
20 twenty-five members. Priority shall be given to flying school and non-
21 profit flying clubs that have been in business for at least five consec-
22 utive years.
23 § 8. The public authorities law is amended by adding a new section
24 1888 to read as follows:
25 § 1888. Study on sustainable aviation fuel. 1. The authority shall
26 conduct a study to determine how to make sustainable aviation fuel,
27 certified per applicable standards such as the roundtable on sustainable
28 biomaterials standards or the American society for testing and materials
29 standards, more widely available at airports in the state, using locally
30 sourced biomass as feedstock for the fuel whenever feasible. Such study
31 shall examine, at a minimum:
32 (a) the resources available within the state to create such sustaina-
33 ble fuel;
34 (b) the cost for creating such fuel;
35 (c) the cost to implement the use of such fuel within the state
36 compared to the cost of maintaining the use of traditional aviation
37 fuel; and
38 (d) any safety implications concerning the use of sustainable aviation
39 fuel.
40 2. 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 five years after the effective date of this
43 section.
44 § 9. Section 1266 of the public authorities law is amended by adding a
45 new subdivision 20 to read as follows:
46 20. No later than January first, two thousand thirty-five, the author-
47 ity, in consultation with the Metro-North Commuter Railroad Company, the
48 Long Island Railroad and the executive director of the metropolitan
49 transportation authority, shall require that all passenger trains oper-
50 ated by the Metro-North Commuter Railroad Company and the Long Island
51 Railroad, and all work trains in the subway system operated by the
52 metropolitan transportation authority shall be zero-emission trains.
53 Any branch of the Metro-North Commuter Railroad Company that operates
54 wholly or partially in New Jersey or Connecticut shall be exempt from
55 the provisions of this subdivision.
56 § 10. This act shall take effect immediately.
