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A08248 Summary:

BILL NOA08248A
 
SAME ASSAME AS S06600-A
 
SPONSORMorelle
 
COSPNSRStirpe, Fahy, D'Urso, Walker, Rozic, Quart, Thiele, Rosenthal L, Skoufis, Paulin, Carroll, Buchwald, Mosley, Galef, Simotas, Barron, Colton, Simon, Dickens, Cahill, Lifton, Vanel, Titone, Peoples-Stokes, O'Donnell, Williams, Kim, Wright, Jenne, Blake, Ortiz, Davila, Perry, Pichardo, Jean-Pierre, Barrett, Epstein, Zebrowski, Ramos, Englebright, Arroyo, Glick, Abinanti
 
MLTSPNSRHevesi, Lentol, Skartados
 
Amd 415, V & T L
 
Relates to certificates of registration for entities that manufacture or assemble zero emissions vehicles; authorizes 20 certificates with at least five to be located in certain upstate regions.
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A08248 Actions:

BILL NOA08248A
 
06/02/2017referred to transportation
01/03/2018referred to transportation
01/29/2018amend and recommit to transportation
01/29/2018print number 8248a
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A08248 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8248A
 
SPONSOR: Morelle
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to certificates of registration for entities that manufacture or assemble zero emissions vehicles   PURPOSE: To increase the certificates of registration for entities that manufac- ture or assemble zero emissions vehicles while offering repair services to those vehicles throughout the state.   SUMMARY OF PROVISIONS: Section 1: I. Commissioner may issue and renew a certificate of registration to a franchisor, manufacturer, distributor, distributor branch or factory branch as such terms are defined in section four hundred sixty-two of this title, or to any subsidiary, affiliate or controlled entity; provided, however, that such franchisor, manufacturer, distributor, distributor branch or factory branch, or any subsidiary, affiliate or controlled entity thereof (A) held a certificate of registration as on March twenty-sixth, two thousand fourteen, (B) is a manufacturer that manufactures or assembles exclusively zero emission vehicles, or is a subsidiary, affiliate, or controlled entity of such a manufacture, and (C) holds no more than twenty certificates of registration at any one time. II. Shall offer repair service to repair any zero emissions vehicles sold or leased by said franchisor, manufacturer, distributor, distribu- tor branch or factory branch, or any subsidiary, affiliate or controlled entity thereof. III. Shall maintain at least one certificate of registration in each of the following regions: (A) Region one shall consist of Columbia, Delaware, Dutchess, Greene, Orange, Sullivan, Putnam, and Ulster counties; (B) Region two shall consist of Albany, Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Scho- harie, Warren, and Washington counties; (C) Region three shall consist of Broome, Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, Tioga, and Tompkins counties; (D) Region four shall consist of Chemung, Livingston, Monroe, Ontario, Seneca, Schuyler, Steuben, Wayne, and Yates counties; and (E) Region five shall consist of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming counties. Section 2: This act shall take effect immediately.   JUSTIFICATION: New York State is long history of leadership in green and innovative technology. We as a state aim to ensure that we leave a vibrant planet for the next generation. The state has set a goal of cutting its 1990 levels of greenhouse gas emissions by 40 percent by 2030 and by 80 percent by 2050. In 2016, the Clean Energy Standard was adopted to help achieve these goals. To aid in the effort of promoting action to address environmental concerns, programs were included in the 2016-2017 New York State budget to encourage the use of zero-emission vehicles throughout the state. This bill aligns with those goals and looks to promote the use of zero- emission vehicles. The bill will make sure that consumers not only have access to innovative modes of transportation but they will also be able to conveniently service these modes of transportation. This bill will address the need to have a wider geographic scope where all New Yorkers can have access to zero-emission vehicles, if they so choose. It is the goal of this bill to not only provide access to consumers, but to make sure that New York State remains a leader in innovative technology as we move towards a 21st century workforce. While the state supports the dealer-manufacturer structure laid out in New York State franchise law, flexibility is critical now more than ever as we begin to respond to new and emerging technologies.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None noted.   EFFECTIVE DATE: Immediately.
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A08248 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8248--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2017
                                       ___________
 
        Introduced  by  M.  of  A. MORELLE, STIRPE, FAHY, D'URSO, WALKER, ROZIC,
          QUART, THIELE,  L. ROSENTHAL,  SKOUFIS,  SEPULVEDA,  PAULIN,  CARROLL,
          BUCHWALD,  MOSLEY,  GALEF,  SIMOTAS,  BARRON,  LUPARDO, COLTON, SIMON,
          DICKENS, CAHILL, LIFTON, VANEL -- Multi-Sponsored by -- M. of A. ERRI-
          GO, MONTESANO, SKARTADOS -- read once and referred to the Committee on
          Transportation -- recommitted to the Committee  on  Transportation  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN ACT to amend the vehicle and traffic law, in relation to certificates
          of  registration  for entities that manufacture or assemble zero emis-
          sions vehicles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (iii)  of  paragraph  f of subdivision 7 of
     2  section 415 of the vehicle and traffic law, as amended by chapter 26  of
     3  the laws of 2014, is amended to read as follows:
     4    (iii) (1) Notwithstanding any other provision of this paragraph or any
     5  provision  of  paragraph (bb) of subdivision two of section four hundred
     6  sixty-three of this title, the commissioner may issue and renew [any]  a
     7  certificate  of registration [that was issued] to a franchisor, manufac-
     8  turer, distributor, distributor branch or factory branch, as such  terms
     9  are  defined  in section four hundred sixty-two of this title, or to any
    10  subsidiary, affiliate or controlled  entity  thereof[,  prior  to  March
    11  twenty-sixth, two thousand fourteen]; provided, however, that such fran-
    12  chisor, manufacturer, distributor, distributor branch or factory branch,
    13  or  any  subsidiary,  affiliate or controlled entity thereof, (A) held a
    14  certificate of registration as of March twenty-sixth, two thousand four-
    15  teen, (B) is a manufacturer that manufactures or  assembles  exclusively
    16  zero  emissions  vehicles,  or is a subsidiary, affiliate, or controlled
    17  entity of such a manufacturer, and (C) holds no more than twenty certif-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11779-02-8

        A. 8248--A                          2
 
     1  icates of registration at any one time;  and  provided  further  that  a
     2  controlling interest in such original franchisor, manufacturer, distrib-
     3  utor,  distributor branch or factory branch or any subsidiary, affiliate
     4  or  controlled  entity  was not transferred, sold or conveyed to another
     5  person or entity, other than to a subsidiary,  affiliate  or  controlled
     6  entity of such franchisor, manufacturer, distributor, distributor branch
     7  or  factory  branch. For purposes of this paragraph, zero emission vehi-
     8  cles shall have the same meaning as under part two hundred  eighteen  of
     9  title six of the New York code of rules and regulations.
    10    (2)  Notwithstanding  any  section  of law, rule, or regulation to the
    11  contrary, any franchisor, manufacturer, distributor, distributor  branch
    12  or  factory  branch,  or  any subsidiary, affiliate or controlled entity
    13  thereof that obtains a new certificate of registration pursuant to  this
    14  subparagraph  on and after the effective date of this clause shall offer
    15  repair service to repair any zero emissions vehicles sold or  leased  by
    16  said  franchisor,  manufacturer,  distributor, distributor branch or any
    17  factory branch, or any subsidiary, affiliate or controlled entity there-
    18  of.
    19    (3) Notwithstanding any section of law, rule,  or  regulation  to  the
    20  contrary,  any franchisor, manufacturer, distributor, distributor branch
    21  or factory branch, or any subsidiary,  affiliate  or  controlled  entity
    22  thereof  that obtains a new certificate of registration pursuant to this
    23  subparagraph on and after the effective date of this clause shall  main-
    24  tain  at  least one certificate of registration in each of the following
    25  regions:
    26    (A) Region one shall  consist of Columbia, Delaware, Dutchess, Greene,
    27  Orange, Sullivan, Putnam, and Ulster counties;
    28    (B) Region two shall consist  of  Albany,  Clinton,  Essex,  Franklin,
    29  Fulton,  Hamilton,  Montgomery, Rensselaer, Saratoga, Schenectady, Scho-
    30  harie, Warren, and Washington counties;
    31    (C) Region three shall consist of Broome, Cayuga, Chenango,  Cortland,
    32  Herkimer,  Jefferson,  Lewis, Madison, Oneida, Onondaga, Oswego, Otsego,
    33  St. Lawrence, Tioga, and Tompkins counties;
    34    (D) Region four shall consist of Chemung, Livingston, Monroe, Ontario,
    35  Seneca, Schuyler, Steuben, Wayne and Yates counties; and
    36    (D) Region five shall consist of  Allegany,  Cattaraugus,  Chautauqua,
    37  Erie, Genesee, Niagara, Orleans and Wyoming counties.
    38    § 2. This act shall take effect immediately.
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