2019 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 used
primarily for the public charging and/or fueling of vehicles which  meet
the  eligible  vehicle  definition  that  has received required federal,
state and local permits and authorizations complies with zoning.
  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)  is  rated  at  not  more than eight thousand five hundred pounds
gross vehicle weight;
  (v) has a maximum speed capability of at least  fifty-five  miles  per
hour; and
  (vi) 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, 2023, the commissioner, in consultation with  the
New  York  state energy research 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.
  3.  a. Until April 1, 2023, 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
seven hundred fifty dollars per vehicle and not more than five  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  amount  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.