2023 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.