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.

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