S T A T E O F N E W Y O R K ________________________________________________________________________ 2963 2009-2010 Regular Sessions I N S E N A T E March 9, 2009 ___________ Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, MONSERRATE, MONTGOMERY, SAMPSON, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law, in relation to affixing the designation "qualified hybrid vehicle" and the estimated miles per gallon of such vehicle as calculated by the United States environ- mental protection agency onto all car registration forms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 125-b to read as follows: 3 S 125-B. QUALIFIED HYBRID VEHICLE. A QUALIFIED HYBRID VEHICLE IS A 4 MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THIS 5 ARTICLE, OTHER THAN AN ELECTRIC VEHICLE, THAT DRAWS PROPULSION ENERGY 6 FROM BOTH AN INTERNAL COMBUSTION ENGINE (OR HEAT ENGINE THAT USES 7 COMBUSTIVE FUEL) AND AN ENERGY STORAGE DEVICE, AND EMPLOYS A REGENERA- 8 TIVE VEHICLE BRAKING SYSTEM THAT RECOVERS WASTE ENERGY TO CHARGE SUCH 9 ENERGY STORAGE DEVICE. 10 S 2. Subparagraphs (e) and (f) of paragraph b of subdivision 1 of 11 section 401 of the vehicle and traffic law, as amended by chapter 222 of 12 the laws of 1996, are amended to read as follows: 13 (e) provided, that, if such motor vehicle is an altered livery, the 14 applicant shall so furnish a certified copy of the length of the center 15 panel of such vehicle, provided, however, that the commissioner shall 16 require such proof, as [he] SUCH COMMISSIONER may determine is neces- 17 sary, in the application for registration and provided further, if the 18 center panel of such vehicle exceeds one hundred inches, the commission- 19 er shall require proof that such vehicle is in compliance with all 20 applicable federal and state motor vehicle safety standards; [and] (f) 21 PROVIDED, THAT, IF SUCH MOTOR VEHICLE IS A "QUALIFIED HYBRID VEHICLE" AS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02727-01-9 S. 2963 2 1 DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE-B OF THIS CHAPTER, THE APPLI- 2 CANT SHALL FURNISH PROOF TO THE COMMISSIONER, IN THE APPLICATION FOR 3 REGISTRATION, OR OTHERWISE, OF THE MAKE, MODEL AND MODEL YEAR OF SUCH 4 APPLICANT'S MOTOR VEHICLE. IF SUCH PROOF HAS BEEN SUBMITTED, SUCH APPLI- 5 CANT'S CERTIFICATE OF REGISTRATION SHALL CONTAIN A DISTINGUISHING MARK 6 WHICH SHALL DESIGNATE SUCH APPLICANT'S MOTOR VEHICLE AS A "QUALIFIED 7 HYBRID VEHICLE," AND SHALL ALSO DISPLAY SUCH MOTOR VEHICLE'S UNITED 8 STATES ENVIRONMENTAL PROTECTION AGENCY HIGHWAY FUEL ECONOMY RATING OF 9 FORTY-FIVE MILES PER GALLON OR MORE. THE COMMISSIONER IS HEREBY AUTHOR- 10 IZED TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN- 11 TATION OF THE PROVISIONS OF THIS SUBPARAGRAPH; AND (G) such additional 12 facts or evidence as the commissioner may require in connection with the 13 application for registration. 14 S 3. Paragraph a of subdivision 3 of section 401 of the vehicle and 15 traffic law, as amended by section 1 of part B of chapter 62 of the laws 16 of 2003, is amended to read as follows: 17 a. Upon filing of such application and the payment of the fee herein- 18 after provided, the commissioner shall assign to such motor vehicle a 19 distinctive number and, without expense to the applicant, issue and 20 deliver in such manner as the commissioner may select to the owner a 21 certificate of registration, in such form as the commissioner shall 22 prescribe[,]. SUCH CERTIFICATE OF REGISTRATION SHALL CONTAIN A DISTIN- 23 GUISHING MARK WHICH SHALL DESIGNATE SUCH MOTOR VEHICLE AS A "QUALIFIED 24 HYBRID VEHICLE" AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE-B OF THIS 25 CHAPTER, PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH B OF SUBDIVISION ONE 26 OF THIS SECTION, AND SHALL CONTAIN ADEQUATE SPACE UPON WHICH SUCH MOTOR 27 VEHICLE'S UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HIGHWAY FUEL 28 ECONOMY RATING OF FORTY-FIVE MILES PER GALLON OR MORE SHALL BE 29 DISPLAYED. THE COMMISSIONER SHALL ALSO ISSUE and DELIVER two number 30 plates at a place within the state of New York named by the applicant in 31 his application. A number plate, within the meaning of this chapter, 32 may, in the discretion of the commissioner, be a plate of a permanent 33 nature, treated with reflectorized material according to specifications 34 prescribed by the commissioner, and with a date tag attached to such 35 plate or to the vehicle as prescribed by regulations of the commissioner 36 indicating the validity of the plate during a certain period and the 37 issuance of such a number plate with such date tag to a person possess- 38 ing such a number plate shall be deemed the issuance of a number plate. 39 An additional fee, not to exceed fifteen dollars, shall be paid to the 40 commissioner whenever a set of reflectorized number plates is issued for 41 any vehicle for which a registration fee is normally charged except 42 that, with respect to any number plate which is specifically requested 43 by the applicant, such fee shall be paid to the commissioner upon 44 approval of such request. In the event of the loss, mutilation or 45 destruction of any certificate of registration, any number plate or set 46 of number plates whether with or without a date tag or tags, or any date 47 tag or set of date tags provided for in this article, the owner of a 48 registered motor vehicle may file such statement and proof of the facts 49 as the commissioner shall require, with a fee of three dollars, in the 50 office of the commissioner, or, unless and until the commissioner shall 51 otherwise direct, in the office of the agent who issued the certificate, 52 plate, plates, tag or tags and the commissioner or his agent, as the 53 case may be, shall issue a duplicate or substitute. It shall be the duty 54 of every owner holding a certificate of registration to notify the 55 commissioner in writing of any change of residence of such person within 56 ten days after such change occurs, and to inscribe on such certificate, S. 2963 3 1 in the place provided by the commissioner, a record of such change of 2 residence. 3 S 4. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law.