STATE OF NEW YORK ________________________________________________________________________ 2246--B 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. SIMON, GONZALEZ-ROJAS, EPSTEIN, TAYLOR, COLTON, DAVILA, THIELE, BURDICK, KELLES, ARDILA -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. The commissioner shall 4 promulgate rules and regulations which shall require that all ferries 5 purchased by or for the state or any agency or public authority thereof, 6 or any private nonprofit organization in any fiscal year which commences 7 on or after April first, two thousand thirty, produce zero-emissions. 8 Privately licensed ferries that receive funding from the state or any 9 agency or public authority thereof, where such funds are provided to 10 subsidize a particular route, shall, in any fiscal year which commences 11 on or after April first, two thousand thirty, purchase zero-emission 12 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03192-05-4A. 2246--B 2 1 state shall produce zero or near zero-emissions by two thousand forty. 2 Public vessels may only utilize fossil fuel-based engines as range 3 extenders. 4 2. The provisions of this section shall not apply to commercial fish- 5 ing boats, ocean-going ships or public vessels transporting goods 6 through the Great Lakes. 7 3. For purposes of this section, the following terms shall have the 8 following meanings: 9 (a) "public vessel" shall have the same meaning as in paragraph (a) of 10 subdivision six of section two of the navigation law; 11 (b) "navigable waters of the state" shall have the same meaning as in 12 subdivision four of section two of the navigation law; 13 (c) "fossil fuel" shall mean coal, petroleum products and fuel gases; 14 and 15 (d) "range extender" shall mean a fuel-based auxiliary power unit that 16 extends the range of an electric vessel by providing power to an elec- 17 tric generator that charges the vessel's battery. 18 § 3. The public authorities law is amended by adding a new section 19 1885 to read as follows: 20 § 1885. Study on zero-emission commercial vessels. 1. The New York 21 state energy research and development authority is hereby authorized and 22 directed to conduct a comprehensive study to analyze the need for charg- 23 ing stations along the Hudson river and the New York state canal system 24 to accommodate zero-emission commercial vessels. 25 2. Such study shall examine, at a minimum: 26 (a) the current electric vessel infrastructure, including an evalu- 27 ation of revenue allocation options to assist in an expansion of such 28 infrastructure; 29 (b) the volume of commercial barge operations, including an estimate 30 of the number of charging stations necessary to supply such operations 31 upon a transition of commercial barge operations to zero-emission 32 vessels; 33 (c) any safety implications concerning the development of the electric 34 vessel infrastructure; and 35 (d) any negative impacts that may result from the installation of 36 charging stations. 37 3. The authority shall report its findings and any recommendations to 38 the governor, the temporary president of the senate and the speaker of 39 the assembly no later than five years after the effective date of this 40 section. 41 § 4. Subdivision 1 of section 352 of the general municipal law, as 42 amended by chapter 904 of the laws of 1947, is amended to read as 43 follows: 44 1. Construct, develop, improve, equip, maintain and operate the same, 45 provided that, no later than January first, two thousand thirty, all 46 ground support equipment used by any public airport shall be zero-emis- 47 sion ground support equipment. 48 § 5. The public authorities law is amended by adding a new section 49 1886 to read as follows: 50 § 1886. Study on publicly funded airports. 1. The authority shall 51 conduct a study of all publicly funded airports within the state to 52 assess the financial viability of using renewable energy in such 53 airports. Such study shall examine the use of renewable energy sources, 54 including but not limited to, geothermal energy, solar energy and wind 55 energy, for on-site generation of electricity. Such study shall further 56 examine, at a minimum:A. 2246--B 3 1 (a) the cost of each such source of renewable energy compared to the 2 cost of non-renewable energy sources; 3 (b) the efficiency of each such source of renewable energy compared to 4 the efficiency of non-renewable energy sources; and 5 (c) any safety implications for each such source of renewable energy. 6 2. The authority shall report its findings and any recommendations to 7 the governor, the temporary president of the senate, and the speaker of 8 the assembly no later than five years after the effective date of this 9 section. 10 § 6. Section 1854 of the public authorities law is amended by adding a 11 new subdivision 27 to read as follows: 12 27. To administer a program, using funds provided for such purpose, to 13 provide a grant to commercial flying school and non-profit flying clubs 14 to install charging infrastructure applicable to federal aviation admin- 15 istration certified electric aircraft. To be eligible for such grant, 16 flying schools and flying clubs shall be based at airports located in 17 this state. Any flying club seeking such grant shall have no less than 18 twenty-five members. Priority shall be given to flying school and non- 19 profit flying clubs that have been in business for at least five consec- 20 utive years. 21 § 7. The public authorities law is amended by adding a new section 22 1887 to read as follows: 23 § 1887. Study on sustainable aviation fuel. 1. The authority shall 24 conduct a study to determine how to make sustainable aviation fuel, 25 certified per applicable standards such as the roundtable on sustainable 26 biomaterials standards or the American society for testing and materials 27 standards, more widely available at airports in the state, using locally 28 sourced biomass as feedstock for the fuel whenever feasible. Such study 29 shall examine, at a minimum: 30 (a) the resources available within the state to create such sustaina- 31 ble fuel; 32 (b) the cost for creating such fuel; 33 (c) the cost to implement the use of such fuel within the state 34 compared to the cost of maintaining the use of traditional aviation 35 fuel; and 36 (d) any safety implications concerning the use of sustainable aviation 37 fuel. 38 2. The authority shall report its findings and any recommendations to 39 the governor, the temporary president of the senate, and the speaker of 40 the assembly no later than five years after the effective date of this 41 section. 42 § 8. Section 1266 of the public authorities law is amended by adding a 43 new subdivision 20 to read as follows: 44 20. No later than January first, two thousand thirty-five, the author- 45 ity, in consultation with the Metro-North Commuter Railroad Company, the 46 Long Island Railroad and the executive director of the metropolitan 47 transportation authority, shall require that all passenger trains oper- 48 ated by the Metro-North Commuter Railroad Company and the Long Island 49 Railroad, and all work trains in the subway system operated by the 50 metropolitan transportation authority shall be zero-emission trains. 51 Any branch of the Metro-North Commuter Railroad Company that operates 52 wholly or partially in New Jersey or Connecticut shall be exempt from 53 the provisions of this subdivision. 54 § 9. This act shall take effect immediately.