NY Env Conserv L § 54-1521 (2021)
2021 New York Laws ENV - Environmental Conservation Article 54 - Environmental Protection Act Title 15 - Climate Smart Community Projects 54-1521 - Clean Vehicle Projects.

§ 54-1521. Clean vehicle projects.   1.  As  used  in  this  section,  the  following  terms shall have the following meanings:   a. "eligible infrastructure project"  shall  mean  any  facility  (not including  a  building  and  its structural components) that is publicly available and used primarily for the public charging and/or  fueling  of eligible  vehicles as defined in this section, including but not limited to fast chargers, that has received required federal,  state  and  local permits   and   authorizations,  and  complies  with  applicable  zoning ordinances.   b. "eligible purchase" shall mean the purchase by  a  municipality  to own  or  lease  for  a  period  of not less than thirty-six months of an eligible vehicle placed into  service  on  or  after  April  first,  two thousand sixteen at a dealer located within New York.   c. "eligible vehicle" means and includes a new motor vehicle that:  (i) has four wheels;  (ii)  was  manufactured for use primarily on public streets, roads and highways;  (iii) the powertrain of which has not been modified from the  original manufacturer's specifications;  (iv)  has  a maximum speed capability of at least fifty-five miles per hour; and  (v) is propelled at least in part by an electric motor and  associated power  electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operation,  and  that  draws  electricity from a hydrogen fuel cell or from a battery that:  (A) has a capacity of not less than four kilowatt hours; and  (B)  is  capable  of  being  recharged  from  an  external  source  of electricity.   2. a. Until April 1, 2025, the commissioner, in consultation with  the New  York state energy research and development authority, is authorized to  issue  rebates  until  the  annual  allocation   is   exhausted   to municipalities  toward  the cost of any eligible infrastructure projects which support the development of clean vehicles.   b. The department, in consultation with  the  New  York  state  energy research  and  development  authority, shall determine the amount of the rebate for eligible infrastructure projects, provided that an  applicant for  such  eligible  infrastructure project rebate may receive a maximum rebate of two hundred fifty  thousand  dollars  per  facility,  provided however  that  infrastructure  projects  that  will  maximize  access by multiple public users who might otherwise not have access may receive  a maximum of three hundred thousand dollars per facility.   3.  a. Until April 1, 2025, the commissioner, in consultation with the New York state energy research and development authority, is  authorized to   issue   rebates   until  the  annual  allocation  is  exhausted  to municipalities toward the cost of eligible purchases of clean vehicles.   b. The department, in consultation with  the  New  York  state  energy research  and  development  authority, shall determine the amount of the rebate taking into consideration the  electric  range  of  the  vehicle, provided  that  a  rebate of an eligible purchase shall be not less than two thousand five hundred dollars per vehicle and not  more  than  seven thousand five hundred dollars per vehicle.   4.  The  department,  in  consultation  with the New York state energy research and development authority, shall promulgate rules to  implement and administer this title including rules relating to the forms required to   claim   a  rebate,  the  required  documentation  for  establishing eligibility for a rebate,  procedures  and  guidelines  for  claiming  a rebate,  and  the collection of economic impact data from applicants and  any other requirements the department and New York state energy research and development authority deem necessary. The department shall determine and publish on its website on an ongoing basis the amount  of  available funding for rebates remaining in each fiscal year.   5.  No  later  than  April  first,  two thousand eighteen and annually thereafter, the  department  shall  issue  a  report  to  the  temporary president  of  the  senate and the speaker of the assembly detailing the status of its program to encourage the  deployment  of  clean  vehicles. Such report shall include:   a.  the  amount of funding dedicated by the department for the program in the preceding year;   b. the  number  of  eligible  purchases  and  eligible  infrastructure projects for which a rebate was awarded;   c. the amount and geographic distribution of rebates; and   d. any other information the department deems necessary.