Sponsorship

A.49 - LAFAYETTE, BRODSKY, ESPAILLAT, COLTON, ORTIZ, RIVERA P, NOLAN, WEISENBERG, benjamin, cahill, christensen, glick, hooper, markey, mayersohn, peralta, perry, pretlow, scarborough, towns, weinstein / - 2

Memorandum in Support

BILL NUMBER: A5659

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to restricting the use of sport utility vehicles with a gross vehicle weight of at least six thousand pounds on certain roadways and parkways

PURPOSE OR GENERAL IDEA OF BILL :

To prohibit sport utility vehicles with a gross weight of at least 6,000 pounds from riding on any parkway in New York State and New York City.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Legislative Intent.

Section 2. Schedule B of subdivision 7 of section 401 of the vehicle and traffic law is amended by adding a new paragraph 4 which would require any passenger vehicle, auto truck or light delivery with a gross weight of six thousand pounds or more to be registered as a commercial vehicle.

Section 3. Paragraph 9 of subdivision (a) of section 1621 of the vehicle and traffic law, as amended by chapter 1008 of the laws of 1983 is amended to restrict the use of motor vehicles with a gross weight of 6,000 pounds registered pursuant to the provisions of paragraph four of Schedule B of subdivision seven of section four hundred one of this chapter from any highway under the jurisdiction of the Department of Transportation and deemed to be a parkway or special parkway.

Section 4. The opening paragraph of section 1630 of the vehicle and traffic law is designated subdivision (a) and a new subdivision (b) is added to restrict the use of motor vehicles with a gross weight of 6,000 pounds registered pursuant to the provisions of paragraph four of Schedule B of subdivision seven of section four hundred one of this chapter from any highway under the jurisdiction of certain public authorities and commissions and deemed to be a parkway or special parkway.

Section 5. Paragraph 5 of subdivision (a) of section 1640 of the vehicle and traffic law, as amended by chapter 1008 of the laws of 1983, is amended to prohibit the use of motor vehicles with a gross weight of six thousand pounds or more registered pursuant to the provisions of paragraph four of Schedule B of subdivision seven of section four hundred one of this chapter from any highway under the jurisdiction of a city having a population of one million or more deemed to be a parkway.

Section 6. Paragraph 3 of subdivision (a) of section 1642 of the vehicle and traffic law is amended to not allow a legislative body of any city having a population in excess of one million from superseding the provisions of subdivision five of section sixteen hundred forty of this article.

Section 7. Effective Date.

JUSTIFICATION :

The proliferation of sport utility vehicles (SUVs) on our state roadways, including parkways, has created an environment which is not safe for both the drivers and occupants of SUVs and passengers of other motor vehicles.

Currently, pick-up trucks which weigh more than 5,000 lbs. are prohibited (with a minimal exception) from riding on New York State parkways regardless if they are used for personal or commercial use. Yet, SUVs which can have a far greater weight are allowed to ride on parkways.

This legislation seeks to prohibit SUVs, which weigh more than 6,000 pounds, from riding on any parkway in New York State, including New York City. In addition, SUVs in New York City would have to ride on designated truck routes.

Title 49, section 523.5 of the Federal Department of Transportation`s DOT regulations classifies sport utility vehicles as `light trucks` along with pick-up trucks and minivans. Because SUVs are considered light trucks by the Federal DOT they do not have to meet the same safety and fuel emission standards that private passenger vehicles have to meet. In addition, SUVs are often times built on truck chassis. For all intents and purposes the federal government classifies an SUV as a truck, yet they are treated as a private passenger vehicle. This bill would correct this inequity.

Sport utility vehicles are not manufactured in a way that is conducive to overall highway safety. Automakers have taken advantage of the lack of safety requirements by not having critical rollover stability, crumple zones, bumper height requirements, and other safety standards as well as fuel economy standards.

Safe vehicles are designed to absorb energy so that crash forces are not transferred to the occupants of the vehicle. SUVs are stiffer and heavier and absorb far less energy. Most SUVs, like pick-up trucks, are built using stiff steel rails added to side panels. They also have larger engines and are not capable of absorbing energy the way private passenger cars are able to. SUVs also have a higher center of gravity which makes them more likely to rollover.

Figures from The National Highway Traffic Safety Administration (NHTSA) last year showed that the number of people killed in traffic crashes increased 1.7 percent last year, to the highest level since 1990. In 2002, SUV and pickup rollover deaths accounted for 46 percent of the increase in all occupant fatalities and 78 percent of the increase in passenger vehicle rollover fatalities. NHTSA researchers also pointed out that deaths in SUV and pickup rollovers are more than offsetting declines in deaths of passenger car occupants.

Crash mismatches between cars and SUVs are also increasing the risk imposed by SUVs on other motorists. In frontal crashes, SUVs kill 4.3 car drivers for every one SUV driver killed, and in near-side crashes, SUVs kill 16.3 car drivers, a kill rate twice that of cars.

In addition, sport utility vehicles are the second most popular choice of vehicle for transporting children, behind minivans, according to a new `Public Citizen` study released in June of 2003, yet they are twice as deadly for children as minivans and more dangerous to children than large or mid-sized passenger cars. Children are also more at risk of death from a rollover crash in an SUV than rollovers in any other type of vehicle. All the while the number of children riding in SUVs continues to increase, while the number of children in minivans and cars has begun to decrease in recent years.

These increases in automobile fatalities and injuries come at a time when safety features like airbags, seat belts, improved vehicle design in some cases, and aggressive anti-drunk driving efforts are being implemented. Clearly the proliferation of SUVs has rolled back safety for all drivers.

Furthermore, the parkways (mostly built in the 1930`s) themselves were not designed to handle the weight, height and width of these large SUVs. The lanes are narrower and often times they do not have shoulders making it very difficult for drivers of private passenger cars to see around these larger and wider vehicles.

This bill is in no way attempting to minimize consumer choice. It is simply taking the federal definition of what constitutes a light truck and applying it to our roadways.

PRIOR LEGISLATIVE HISTORY :

2003-2004 (A9656), 2005-2006 (A.5659)

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall have become a law.

Sponsorship

A.11589 - RULES COM CAHILL, SILVER, FARRELL, GANTT, MAGEE, DINOWITZ, WRIGHT, GORDON T, BRENNAN, DELMONTE, ENGLEBRIGHT, LUPARDO, KOON, LAFAYETTE, LANCMAN, ARROYO, AUBRY, BENEDETTO, BENJAMIN, CLARK, COLTON, CYMBROWITZ, DESTITO, EDDINGTON, GABRYSZAK, GALEF, GLICK, GOTTFRIED, GREENE, GUNTHER, HEVESI, HYER-SPENCER, JACOBS, JAFFEE, JOHN, KELLNER, LAVINE, LENTOL, LIFTON, MAISEL, MARKEY, MCENENY, MILLMAN, MORELLE, O`DONNELL, ORTIZ, PERRY, RAMOS, RIVERA N, RIVERA P, ROBINSON, ROSENTHAL, SEMINERIO, STIRPE, TOWNS, WEINSTEIN, WEISENBERG, YOUNG, ZEBROWSKI K

Memorandum in Support

BILL NUMBER:A11589

TITLE OF BILL: An act to amend the executive law, in relation to purchase of cleaner vehicles for use by state agencies

PURPOSE OR GENERAL IDEA OF BILL:

This bill would set forth a comprehensive program for purchase of cleaner vehicles by all state agencies and for operation of the State`s vehicle fleet in a manner that reduces emissions and maximizes fuel economy.

SUMMARY OF SPECIFIC PROVISIONS:

Bill Sl adds a new Executive Law S20l-b, which includes the following provisions:

> definitions of terms used in the section, including "Alternative fuel," "Alternative fuel motor vehicle," "State agency," and various fuel formulations such as "B20" bio-diesel and "E85" ethanol fuel.

> Beginning 1/1/09, all new light-duty vehicles purchased by state agencies (except designated specialty, police or emergency vehicles) shall be alternative fuel motor vehicles.

> Beginning 1/1/09, 95% of all new medium-duty vehicles purchased by state agencies (except designated specialty, police or emergency vehicles) shall be the highest rated of the following vehicle models certified to California LEV II standards: zero emission vehicle (ZEV), advanced technology partial zero emission vehicle (ATPZEV), partial zero emission vehicle (PZEV), super ultra low emission vehicle (SULEV), ultra low emission vehicle (ULEV), or low emission vehicle (LEV). Agencies are not required to purchase a ZEV or ATPZEV if the cost exceeds the cost of the next highest rated vehicle by more than 50%.

> Other vehicle purchases, including heavy-duty vehicles and non-road vehicles, shall represent the most fuel efficient model in the vehicle class unless the agency head certifies that such model does not meet agency needs.

> All vehicles shall be maintained and operated to maximize fuel efficiency and minimize air pollution, and agencies shall follow regulations and policies of the Office of General Services (OGS) that establish fleet management practices to reduce vehicle miles traveled and maintenance, fueling and driving policies to maximize fuel economy.

> All vehicles capable of operating on E85 ethanol fuel and all flexible-fueled vehicles in the State fleet that can utilize ethanol fuels shall do so whenever feasible. Agencies shall make scheduled increases in their overall use of bio-diesel, culminating in usage after 2012 of 10% or a higher percentage set forth in OGS regulations. Up to 50% of light-duty AFMV purchases can be offset by the substitution of stated equivalents of bio-diesel use. Agencies may waive biodiesel use if necessary for the safe operation or warranted performance of specific vehicles, but such waivers cannot extend more

than 60 days unless NY SERDA (in consultation with the Department of Environmental Conservation) concurs.

> OGS is directed to report annually on the implementation of S201-b and its impact on fuel consumption, carbon dioxide emissions, and vehicle miles traveled.

Bill S2 directs OGS to issue a baseline report on the current status of vehicles owned by state agencies and related information on fuel and vehicle use and emissions.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would codify the ongoing requirements of two Executive Orders (9 NYCRR SS5.111 & 5.142) relating to state agency vehicle purchase and fuel usage. These orders would be made more effective by extending coverage to additional agencies and vehicle classes, adding provisions to reduce vehicle miles traveled and fuel consumption, and improving reporting and accountability.

JUSTIFICATION:

Ever-increasing oil prices, climate-disrupting emissions and geopolitical considerations all make continued reliance on gasoline as a fuel source imprudent. New York State has made strides in diversifying the vehicle fleets maintained by many of its agencies through compliance with the federal Energy Policy Act of 1992 (EPAct) and executive orders. Other jurisdictions have enacted additional policies that could improve the State`s efforts at lowering fleet emissions and fuel consumption. For example, this bill adapts provisions of New York City Local Law 38 of 2005 to require state agencies to make cost-effective purchases of zero-emission or low-emission medium-duty vehicles. It also would mandate that agency vehicles be maintained and operated to maximize fuel efficiency and minimize pollution. All of these policy changes would further the goal of freeing state agencies from dependence on high-cost imported oil and climate damaging technologies.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Some of the bill`s provisions are already state policy - others provide sufficient flexibility (e.g., through waivers, substitution of fueling practices and cost ceilings) to ensure that purchases of cleaner vehicles remain cost-effective. Improved fleet management practices and vehicle maintenance, fueling and driving policies are expected to produce significant savings.

EFFECTIVE DATE:

January 1, 2009.

Sponsorship

S.4363 - MARCELLINO, BONACIC, LARKIN, LITTLE, MORAHAN, SEWARD / - 1

Sponsorship

A.8049 - EDDINGTON

Memorandum in Support

BILL NUMBER: A8049

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to requiring the surfaces of vehicles to be cleared of accumulated snow or ice

PURPOSE OR GENERAL IDEA OF BILL : To protect the general public from physical injury or property damage due to flying snow and ice from another vehicle.

SUMMARY OF SPECIFIC PROVISIONS : The vehicle and traffic law is amended by adding a new section 1229-e to read as follows: No person shall operate a motor vehicle on a public street or highway while there is an accumulation of snow or ice on the hood, trunk, roof or cargo-bed of a vehicle.

JUSTIFICATION : Many motor vehicle accidents resulting in physical injury and property damage are the result of vehicles that have not been cleared of ice and snow.

PRIOR LEGISLATIVE HISTORY : None

FISCAL IMPLICATIONS : None

EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Sponsorship

S.3375 - ONORATO, DILAN, HASSELL-THOMPSON, JOHNSON C, SAMPSON / - -1

Sponsorship

A.5697 - MCENENY / S.3067 - Not available at this time.

Memorandum in Support

BILL NUMBER: A5697

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to authorizing a pilot residential parking permit system in the city of Albany and providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL : Provides for the city of Albany to adopt a pilot residential parking permit system within certain areas of the city.

SUMMARY OF SPECIFIC PROVISIONS : Section 1: Legislative findings and intent.

Section 2: Amends the vehicle and traffic law by adding a new section 1640-1, which would allow the common council of the city of Albany to adopt a local ordinance to provide for a pilot residential parking permit system with a two year sunset. Requires that the residential parking system may only be established within a one mile radius of the Nelson A. Rockefeller Empire State Plaza. Permits will be issued on no more than 2,750 spaces within the permit areas. The permitted streets within this area shall be described in a local law or ordinance adopted by the common council pursuant to this section. Provides that no permit will be required on streets where the adjacent properties are zoned for commercial, office and/or retail use. Outlines the local law or ordinances to be adopted by the common council of the city of Albany. Provides for a public hearing prior to implementation.

Section 3: Effective date.

JUSTIFICATION : This is a two-year pilot program that attempts to alleviate the parking problems faced by downtown residents. Parking and the lack of it in the city of Albany is a growing problem in many areas of the city. An expanding workforce within the city, the proliferation of a large student population and a lack of driveways for pre-automobile homes has resulted in a glut of automobiles on city streets. This leaves the residents of the City with the almost impossible task of parking near their homes.

PRIOR LEGISLATIVE HISTORY : Similar legislation has been introduced for many years.

FISCAL IMPLICATIONS : None to the State.

EFFECTIVE DATE : Immediately.

Sponsorship

S.3448 - / - -1

Sponsorship

A.5509 - LATIMER, PAULIN, GALEF, DELMONTE, ESPAILLAT, CUSICK, alessi, aubertine, benjamin, cahill, lavine, lupardo, mayersohn, perry, pheffer, weisenberg / - -1

Memorandum in Support

BILL NUMBER: A5509A

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to classification of sani-vans as hazard vehicles

PURPOSE OR GENERAL IDEA OF BILL : This legislation would allow all sani-van and waste collection vehicles, while in use, to display amber hazard lights to prevent accidents.

SUMMARY OF SPECIFIC PROVISIONS : Section 1 modifies Section 117-a of the vehicle and traffic law adding sani-vans and related vehicles to the list of hazard vehicles. Section 2 of the bill amends Section 141-b to define the vehicles referenced in the law; Section 3 applies the new definition to a newly created Section 159-a of the vehicle and traffic; Section 4 establishes section 1146-b of the vehicle and traffic law to specify the proper operation of a vehicle approaching a hazard vehicle.

JUSTIFICATION : In 2005, City of New Rochelle sanitation worker, Victor Oliveira lost his life when be was hit by a passenger car that was passing the garbage truck he was working on. To prevent such tragedies from happening again, every sanitation vehicle, commonly known as garbage trucks, and including vehicles used for collection of recycling materials, and refuse, would be classified as a hazard vehicle, and would be allowed to feature amber hazard lights to alert nearby drivers.

PRIOR LEGISLATIVE HISTORY : 2005-06: A.10590, referred to Transportation

FISCAL IMPLICATIONS : None to the State; minimal cost to local governments to affix amber hazard lights to the rear of each vehicle, where they do not already exist.

EFFECTIVE DATE : This act shall take effect 180 days after its adoption.

Sponsorship

A.10262 - RULES COM

Sponsorship

A.11590 - RULES COM CAHILL, SILVER, FARRELL, GANTT, MAGEE, DINOWITZ, WRIGHT, GORDON T, LANCMAN, BRENNAN, DELMONTE, ENGLEBRIGHT, KOON, LAFAYETTE, SPANO, ARROYO, AUBRY BENEDETTO, CLARK, COLTON, CYMBROWITZ, DESTITO, EDDINGTON, GABRYSZAK, GALEF, GLICK, GOTTFRIED, GREENE, GUNTHER, HEVESI, HYER-SPENCER, JACOBS, JAFFEE, JOHN, KELLNER, LAVINE, LENTOL, LIFTON, LUPARDO, MAISEL, MARKEY, MCENENY, MILLMAN, MORELLE, O`DONNELL, ORTIZ, PERRY, RAMOS, RIVERA N, RIVERA P, ROBINSON, ROSENTHAL, SEMINERIO, STIRPE, TOWNS, WEINSTEIN, WEISENBERG, YOUNG, ZEBROWSKI K

Memorandum in Support

BILL NUMBER:A11590

TITLE OF BILL: An act to amend the tax law, in relation to a windfall recapture tax and a windfall profits tax; to amend the social services law, in relation to supplementing the low income home energy assistance program; and to amend the state finance law, in relation to creating the New York energy reinvestment account

PURPOSE: To provide for the recapture of revenue lost to State as a result of motor fuel prices not reflecting the State sales tax cap on motor fuel sales and to tax the windfall profits of the major oil compa- nies

SUMMARY OF PROVISIONS: This bill provides that, at the point of first import into the State, a windfall recapture tax would be paid by import- ers equal to four percent times the excess of the average retail sales price of motor fuel over two dollars. The bill prohibits the pass- through of this tax to consumers and provides for a civil penalty of up to five thousand dollars per day for any violation of this prohibition.

This bill also provides for windfall profits tax imposed on major oil companies equal to two percent of their gross receipts allocated to the State. The bill prohibits the pass-through of this tax to consumers and provides for a civil penalty of up to thirty five thousand dollars per day for any violation of this prohibition.

This bill would authorize the expenditure of the proceeds from the wind- fall profits tax and the windfall recapture tax to supplement the exist- ing Home Energy Assistance Program and to fund energy efficiency and conservation measures.

EFFECT OF PRESENT LAW WHICH THIS BILL WOULD ALTER: The bill adds two new taxes on oil companies and prohibits their pass-through to consum- ers.

JUSTIFICATION: This bill is necessary to recapture lost tax revenue for the benefit of the people of the State, by enhancing existing home heat- ing assistance and energy conservation and weatherization programs.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: $740 million in SFY 2008-09 and approximately $830 million on an annual basis thereafter.

EFFECTIVE DATE: This bill shall take effect immediately and shall apply to taxable years beginning on or after January 1, 2008, except that section one of this bill shall take effect on the first of the month occurring at least 30 days after this bill shall have become law.