Add §114-f, amd §401, V & T L; amd §354, Pub Auth L
Establishes the "Electric Vehicle Infrastructure and Liability Act" which requires additional fees to be collected from electric vehicle owners and operators for fire prevention and infrastructure.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A155
SPONSOR: Pirozzolo TITLE OF BILL:
An act to amend the vehicle and traffic law and the public authorities
law, in relation to establishing the "Electric Vehicle Infrastructure
and Liability Act"
PURPOSE:
Redefines certain personal transportation methods which use electric
power as "electric personal mobility devices." Directs the Department of
Motor Vehicles to create and implement a new registration process and
fees for electric personal mobility devices, and licensure process for
electric personal mobility device operators. Sets penalties for
violations.
SUMMARY OF SPECIFIC PROVISIONS:
Amends certain sections of the vehicle and traffic law to define elec-
tric skateboards, electric personal mobility devices, and classes of
electric bicycle with assist. Repeals section 2268 of the vehicle and
traffic law. Amends the vehicle and traffic law to designate registra-
tion and licensure processes of electric personal mobility devices by
the Department of Motor Vehicles. Establishes penalties and appeals
processes for violations. Mandates that the operators of such devices
must be 16 years of age or older and must only operate such devices
while wearing protective headgear. Defines locations where such devices
may be properly operated. Requires the Commissioner of the Department of
Motor Vehicles to submit an annual report to the Governor, Speaker of
the Assembly, temporary President of the Senate, Minority Leader of the
Senate, and the Minority Leader of the Assembly containing data pertain-
ing to the number of electric personal mobility device registrations,
licensures, violations, and revenues.
JUSTIFICATION:
Development of electric personal mobility device registration' and
licensure procedures for liability purposes and safety of the operators
of such devices.
LEGISLATIVE HISTORY:
10/13/2023 referred to transportation
01/03/2024 referred to transportation
05/21/2024 held for consideration in transportation
FISCAL IMPLICATIONS:
Additional revenues to the Department of Motor Vehicles from electric
personal mobility device registration and licensure fees.
EFFECTIVE DATE:
This act shall take effect 120 days after enactment.
STATE OF NEW YORK
________________________________________________________________________
155
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PIROZZOLO, BLANKENBUSH, ANGELINO, DeSTEFANO,
GALLAHAN, CHANG, MANKTELOW -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the public authorities
law, in relation to establishing the "Electric Vehicle Infrastructure
and Liability Act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Electric
2 Vehicle Infrastructure and Liability Act".
3 § 2. The vehicle and traffic law is amended by adding a new section
4 114-f to read as follows:
5 § 114-f. Electric vehicle. Every motor vehicle that is powered by
6 electricity, contains a battery which is charged by plug or wire, and is
7 designed primarily for the transportation of passengers or for commer-
8 cial use on public roadways.
9 § 3. Subdivision 6 of section 401 of the vehicle and traffic law is
10 amended by adding a new paragraph h to read as follows:
11 h. (i) In addition to other fees provided for in this section, the
12 commissioner shall require a registration fee of two hundred dollars for
13 each non-commercial electric vehicle registered in the state. Ten
14 percent of the revenues generated from such fee shall be allocated to
15 the office of fire prevention and control to promulgate rules and regu-
16 lations for training programs designed to instruct first responders on
17 issues associated with electric vehicle fires, the acquisition of equip-
18 ment designed to withstand electric vehicle related incidents and estab-
19 lishing public awareness campaigns on the dangers and necessary precau-
20 tions when using electric vehicles. Ninety percent of the revenues
21 generated from such fee shall be allocated to the dedicated highway
22 bridge and trust fund.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00958-01-5
A. 155 2
1 (ii) In addition to other fees provided for in this section, the
2 commissioner shall require a registration fee of four hundred dollars
3 for each commercial electric vehicle registered in the state. Ten
4 percent of the revenues generated from such fee shall be allocated to
5 the office of fire prevention and control to promulgate rules and regu-
6 lations for training programs designed to instruct first responders on
7 issues associated with electric vehicle fires, the acquisition of equip-
8 ment designed to withstand electric vehicle related incidents and estab-
9 lishing public awareness campaigns on the dangers and necessary precau-
10 tions when using electric vehicles. Ninety percent of the revenues
11 generated from such fee shall be allocated to the dedicated highway
12 bridge and trust fund.
13 § 4. Section 354 of the public authorities law is amended by adding a
14 new subdivision 16 to read as follows:
15 16. To direct all necessary state and public authorities, including
16 but not limited to, the thruway authority, metropolitan transportation
17 authority, tunnel and bridge authority and the port authority of New
18 York and New Jersey that operate tolling roads and bridges within the
19 state to establish an additional electric passenger vehicle user fee.
20 The non-commercial electric vehicle user fee shall be calculated as six
21 percent of the total tolling surcharge owed by the non-commercial elec-
22 tric vehicle operator. Such non-commercial electric vehicle user fee
23 shall be in addition to any other tolling surcharge issued by the toll-
24 ing authority. All authorities that operate tolling roads and bridges
25 within the state shall coordinate with E-ZPass and the department of
26 motor vehicles to share all necessary information to effectuate the
27 provision of this section. All revenues generated from the non-commer-
28 cial electric vehicle tolling road user fee shall be allocated to the
29 dedicated highway bridge and trust fund established under section eight-
30 y-nine-b of the state finance law. For the purposes of this subdivi-
31 sion, the term "electric vehicle" shall have the same meaning as defined
32 in section one hundred fourteen-f of the vehicle and traffic law.
33 § 5. The office of fire prevention and control shall be permitted to
34 establish an account for the purposes of this act.
35 § 6. The commissioner of transportation shall submit on or before
36 January 1, 2027, and annually thereafter, an annual report to the gover-
37 nor, the speaker of the assembly, the temporary president of the senate,
38 the minority leader of the assembly and the minority leader of the
39 senate on the total amount of funds collected and the initiatives under-
40 taken pursuant to this act.
41 § 7. This act shall take effect on the one hundred twentieth day after
42 it shall have become a law. Effective immediately, the addition, amend-
43 ment and/or repeal of any rule or regulation necessary for the implemen-
44 tation of this act on its effective date are authorized to be made and
45 completed on or before such effective date.
