S T A T E O F N E W Y O R K

________________________________________________________________________

8248

2017-2018 Regular Sessions

I N A S S E M B L Y

June 2, 2017
___________

Introduced by M. of A. MORELLE -- read once and referred to the Commit-

tee on Transportation

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-
18 ICATES OF REGISTRATION AT ANY ONE TIME; and provided further that a
19 controlling interest in such original franchisor, manufacturer, distrib-
20 utor, distributor branch or factory branch or any subsidiary, affiliate
21 or controlled entity was not transferred, sold or conveyed to another
22 person or entity, other than to a subsidiary, affiliate or controlled
23 entity of such franchisor, manufacturer, distributor, distributor branch
24 or factory branch. For purposes of this paragraph, zero emission vehi-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.
LBD11779-01-7
 A. 8248 2

1 cles shall have the same meaning as under part two hundred eighteen of
2 title six of the New York code of rules and regulations.
3 (2) NOTWITHSTANDING ANY SECTION OF LAW, RULE, OR REGULATION TO THE
4 CONTRARY, ANY FRANCHISOR, MANUFACTURER, DISTRIBUTOR, DISTRIBUTOR BRANCH
5 OR FACTORY BRANCH, OR ANY SUBSIDIARY, AFFILIATE OR CONTROLLED ENTITY
6 THEREOF THAT OBTAINS A NEW CERTIFICATE OF REGISTRATION PURSUANT TO THIS
7 SUBPARAGRAPH ON AND AFTER THE EFFECTIVE DATE OF THIS CLAUSE SHALL OFFER
8 REPAIR SERVICE TO REPAIR ANY ZERO EMISSIONS VEHICLES SOLD OR LEASED BY
9 SAID FRANCHISOR, MANUFACTURER, DISTRIBUTOR, DISTRIBUTOR BRANCH OR ANY
10 FACTORY BRANCH, OR ANY SUBSIDIARY, AFFILIATE OR CONTROLLED ENTITY THERE-
11 OF.
12 (3) NOTWITHSTANDING ANY SECTION OF LAW, RULE, OR REGULATION TO THE
13 CONTRARY, ANY FRANCHISOR, MANUFACTURER, DISTRIBUTOR, DISTRIBUTOR BRANCH
14 OR FACTORY BRANCH, OR ANY SUBSIDIARY, AFFILIATE OR CONTROLLED ENTITY
15 THEREOF THAT OBTAINS A NEW CERTIFICATE OF REGISTRATION PURSUANT TO THIS
16 SUBPARAGRAPH ON AND AFTER THE EFFECTIVE DATE OF THIS CLAUSE SHALL MAIN-
17 TAIN AT LEAST ONE CERTIFICATE OF REGISTRATION IN EACH OF THE FOLLOWING
18 REGIONS:
19 (A) REGION ONE SHALL CONSIST OF COLUMBIA, DELAWARE, DUTCHESS, GREENE,
20 ORANGE, SULLIVAN AND ULSTER COUNTIES;
21 (B) REGION TWO SHALL CONSIST OF ALBANY, FULTON, MONTGOMERY, RENSSE-
22 LAER, SARATOGA, SCHENECTADY, SCHOHARIE AND WASHINGTON COUNTIES;
23 (C) REGION THREE SHALL CONSIST OF CAYUGA, CHENANGO, CORTLAND, HERKIM-
24 ER, LEWIS, MADISON, ONEIDA, ONONDAGA, OSWEGO AND OTSEGO COUNTIES;
25 (D) REGION FOUR SHALL CONSIST OF CHEMUNG, LIVINGSTON, MONROE, ONTARIO,
26 SCHUYLER, STEUBEN, WAYNE AND YATES COUNTIES; AND
27 (D) REGION FIVE SHALL CONSIST OF ALLEGANY, CATTARAUGUS, CHAUTAUQUA,
28 ERIE, GENESEE, NIAGARA, ORLEANS AND WYOMING COUNTIES.
29 S 2. This act shall take effect immediately.