STATE OF NEW YORK ________________________________________________________________________ 8000 IN SENATE January 4, 2024 ___________ Introduced by Sens. HARCKHAM, WALCZYK -- 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 2024". 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 2035, 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- 23 ted, with the goal to have all ATVs within the state be 100% fully elec- 24 tric by 2035. Such study shall include, but not be limited to, the 25 economic and logistical feasibility of installing such electric ATV EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11818-03-3
S. 8000 2 1 charging stations, and any potential adverse environmental impacts of 2 installing such electric ATV charging stations. 3 (b) No later than one year after the effective date of this section, 4 the New York state energy research and development authority, in cooper- 5 ation with the department of environmental conservation, shall create 6 and submit a report on the study conducted under subdivision (a) of this 7 section to the governor, the temporary president of the senate, the 8 speaker of the assembly, the minority leader of the senate, and the 9 minority leader of the assembly, which shall include the findings and 10 recommendations of such study. 11 (c) For the purposes of this section, the following terms shall have 12 the following meanings: 13 (i) "all terrain vehicle" or "ATV" shall have the same meaning as 14 defined by section 2281 of the vehicle and traffic law. 15 (ii) "electric ATV" shall have the same meaning as defined by section 16 2281 of the vehicle and traffic law. 17 (iii) "electric ATV charging station" means a station that delivers 18 electricity from a source outside an electric ATV into one or more elec- 19 tric ATVs. An electric ATV charging station may include several charge 20 points simultaneously connecting several electric ATVs to the station 21 and any related equipment needed to facilitate charging plug-in electric 22 ATVs. 23 § 4. Subdivision 1 of section 2281 of the vehicle and traffic law, as 24 amended by chapter 319 of the laws of 1997, is amended and a new subdi- 25 vision 3 is added to read as follows: 26 1. (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle 27 which is manufactured for sale for operation primarily on off-highway 28 trails or off-highway competitions and only incidentally operated on 29 public highways providing that such vehicle does not exceed seventy 30 inches in width, or [one] two thousand pounds dry weight. Provided, 31 however, this definition shall not include a "snowmobile" or other self- 32 propelled vehicles manufactured for off-highway use exclusively designed 33 for travel on snow or ice, steered by skis or runners and supported in 34 whole or in part by one or more skis, belts or cleats which utilize an 35 endless belt tread. 36 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 37 sion, the term "all terrain vehicle" or "ATV" shall not include any 38 vehicle used for agricultural purposes or for snowplowing, other than 39 for hire, provided, however, that any such vehicle shall register as an 40 "all terrain vehicle" or "ATV" pursuant to the provisions of this arti- 41 cle if such vehicle is used or is intended to be used for any purpose 42 other than agricultural purposes or for snowplowing and shall be regu- 43 lated in accordance with provisions governing the operation of "all 44 terrain vehicles" or ["ATV's"] "ATVs" while in such use. 45 3. "Electric ATV" means an ATV that draws electricity for propulsion 46 from a traction battery with at least five kilowatt-hours (kWh) of 47 capacity, and uses an external source of energy to recharge such 48 battery. Such term shall not include ATVs with a second source of energy 49 for propulsion. 50 § 5. Subdivision 4 of section 2282 of the vehicle and traffic law, as 51 amended by chapter 402 of the laws of 1986 and paragraphs (a) and (b) as 52 amended and the closing paragraph as added by section 4 of part G of 53 chapter 59 of the laws of 2009, is amended to read as follows: 54 4. Fees. Fees for registration of ATVs to be collected by the commis- 55 sioner under this article are as follows. 56 (a) (i) One thousand pounds dry weight or less:
S. 8000 3 1 (1) An annual fee of [twelve] fifteen dollars [and fifty cents] for 2 each individual resident registration. 3 [(b)] (2) An annual fee of [twelve] nineteen dollars and fifty cents 4 for each individual nonresident registration. 5 [(c)] (ii) One thousand one pounds dry weight to one thousand five 6 hundred pounds dry weight: 7 (1) An annual fee of forty dollars for each individual resident regis- 8 tration. 9 (2) An annual fee of fifty-two dollars for each individual nonresident 10 registration. 11 (iii) One thousand five hundred one pounds dry weight to two thousand 12 pounds dry weight: 13 (1) An annual fee of sixty dollars for each individual resident regis- 14 tration. 15 (2) An annual fee of seventy-eight dollars for each individual nonres- 16 ident registration. 17 (b) An annual fee of twenty-five dollars for each dealer registration. 18 [(d)] (c) An annual fee of five dollars for each additional dealer 19 demonstrator registration number. 20 [(e)] (d) A fee of three dollars for replacement of a lost, mutilated 21 or destroyed certificate. 22 [(f)] (e) Provided, however, that the provisions of paragraphs (b) and 23 (c) [and (d)] of this subdivision with respect to the payment of dealer 24 registration fees shall not apply to dealers registered pursuant to 25 section four hundred fifteen of this chapter. 26 [(g)] (f) Annual fees shall not be prorated and such fees shall be 27 applicable to a year or any portion of a year. 28 (g) Notwithstanding any inconsistent provision of this section, the 29 difference collected between the fees set forth in the former paragraphs 30 (a) and (b) of this subdivision in effect on and after September first, 31 two thousand nine and the fees set forth in such former paragraphs in 32 effect prior to such date shall be deposited to the credit of the dedi- 33 cated highway and bridge trust fund. 34 (h) Notwithstanding any inconsistent provision of this section, the 35 difference collected between the fees set forth in subparagraph (i) of 36 paragraph (a) of this subdivision in effect on and after September 37 first, two thousand twenty-four and the fees set forth in the former 38 paragraphs (a) and (b) of this subdivision in effect prior to the effec- 39 tive date of the chapter of the laws of two thousand twenty-four which 40 amended this subdivision, when collected for registration of electric 41 ATVs, shall be donated to the credit of the federal Environmental 42 Protection Agency; provided, further, that the total collected from the 43 fees set forth in subparagraphs (ii) and (iii) of paragraph (a) of this 44 subdivision, when collected for registration of electric ATVs, shall be 45 donated to the credit of the federal Environmental Protection Agency. 46 § 6. This act shall take effect immediately.