N.Y. Environmental Conservation Law § 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, 2029, 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, 2029, 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 thirty

thousand 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.