Assembly Bill A5472

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5472

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to  creating  an
  electric vehicle rebate program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1884 to read as follows:
  S  1884.  ELECTRIC  VEHICLE REBATE PROGRAM. 1. THERE IS HEREBY CREATED
WITHIN THE AUTHORITY AN ELECTRIC VEHICLE REBATE PROGRAM. THE PURPOSE  OF
THE  PROGRAM  SHALL  BE TO PROMOTE CLEAN TECHNOLOGY VEHICLES THAT CREATE
ENVIRONMENTAL BENEFITS AND CONTRIBUTE TO  THE  ECONOMIC  GROWTH  OF  THE
STATE.
  2. FOR PURPOSES OF THIS SECTION:
  (A)  "ELIGIBLE PURCHASE" MEANS AND INCLUDES PURCHASE TO OWN OR A LEASE
OF NOT LESS THAN THIRTY-SIX MONTHS OF AN ELIGIBLE  VEHICLE  PLACED  INTO
SERVICE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION; AND
  (B) "ELIGIBLE VEHICLE" MEANS AND INCLUDES:
  (I) A NEW LIGHT-DUTY MOTOR VEHICLE POWERED BY ELECTRIC DRIVE THAT:
  (A) HAS FOUR WHEELS;
  (B)  WAS  MANUFACTURED  FOR USE PRIMARILY ON PUBLIC STREETS, ROADS AND
HIGHWAYS;
  (C) THE POWERTRAIN HAS NOT BEEN MODIFIED FROM THE ORIGINAL MANUFACTUR-
ER'S SPECIFICATIONS;
  (D) IS RATED AT NOT MORE  THAN  EIGHT  THOUSAND  FIVE  HUNDRED  POUNDS
UNLOADED VEHICLE WEIGHT;
  (E)  HAS  A  MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE MILES PER
HOUR; AND
  (F) IS PROPELLED TO A SIGNIFICANT EXTENT BY  AN  ELECTRIC  MOTOR  THAT
DRAWS ELECTRICITY FROM A BATTERY THAT:
  (I) HAS A CAPACITY OF NOT LESS THAN FOUR KILOWATT HOURS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07966-01-5
              

A. 5472                             2

  (II)  IS  CAPABLE  OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF ELEC-
TRICITY.
  3.  THE AUTHORITY SHALL AWARD REBATES FOR ELIGIBLE VEHICLES IN AMOUNTS
AS DETERMINED BY THIS SECTION. AN APPLICANT IS  ELIGIBLE  TO  RECEIVE  A
MAXIMUM OF ONE REBATE PER YEAR.
  4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI-
CANT  IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF THIS SECTION AND RULES
PROMULGATED BY THE AUTHORITY. THE TOTAL AMOUNT OF REBATES  ALLOCATED  TO
CERTIFIED  APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF
FUNDS AVAILABLE FOR THE PROGRAM IN THE FISCAL  YEAR.  REBATES  SHALL  BE
ALLOCATED  TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED
BY THE DATE THE APPLICATION IS RECEIVED, UNTIL  ALL  APPROPRIATED  FUNDS
FOR  THE  FISCAL  YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES
FIRST. THE AUTHORITY SHALL HAVE AUTHORITY  TO  REDUCE  ELIGIBLE  VEHICLE
REBATE  AMOUNTS  FROM THE AMOUNTS SPECIFIED IN SUBDIVISION SEVEN OF THIS
SECTION. SUCH REDUCTION SHALL OCCUR  ONLY  IF  THE  AUTHORITY  FORECASTS
FUNDS WOULD BE EXHAUSTED PRIOR TO THE END OF A FISCAL YEAR.
  5.  THE  AUTHORITY  SHALL PROMULGATE RULES TO IMPLEMENT AND ADMINISTER
THIS SECTION BY OCTOBER FIFTEENTH, TWO THOUSAND FIFTEEN, INCLUDING RULES
RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE UNDER THIS SECTION, THE
REQUIRED DOCUMENTATION AND BASIS  FOR  ESTABLISHING  ELIGIBILITY  FOR  A
REBATE,  PROCEDURES  AND  GUIDELINES  FOR  CLAIMING  A  REBATE,  AND THE
COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS.
  6. THE AUTHORITY SHALL DETERMINE AND PUBLISH  ON  ITS  WEBSITE  ON  AN
ONGOING  BASIS  THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN
EACH FISCAL YEAR.
  7. (A) THE PURCHASER OR LESSEE OF AN ELIGIBLE VEHICLE MAY BE  ELIGIBLE
FOR ONLY ONE OF THE REBATES SPECIFIED IN THIS PARAGRAPH:
  (I)  A  PERSON  WHO PURCHASES OR LEASES A NEW LIGHT-DUTY MOTOR VEHICLE
ELIGIBLE VEHICLE MAY RECEIVE UP TO A TWO THOUSAND  FIVE  HUNDRED  DOLLAR
REBATE  IF  THE BATTERY CAPACITY OF THE ELIGIBLE VEHICLE IS TEN KILOWATT
HOURS OR GREATER; OR
  (II) A PERSON WHO PURCHASES OR LEASES A NEW LIGHT-DUTY  MOTOR  VEHICLE
ELIGIBLE  VEHICLE  MAY  RECEIVE UP TO A ONE THOUSAND FIVE HUNDRED DOLLAR
REBATE IF THE BATTERY CAPACITY IS FOUR KILOWATT HOURS  OR  GREATER,  BUT
LESS THAN TEN KILOWATT HOURS.
  (B)  INCENTIVES  SHALL  BE  APPLIED  FOR USING THE FORMS DEVELOPED AND
PROVIDED BY THE AUTHORITY AND SHALL INCLUDE THE VERIFICATION OF PURCHASE
OR LEASE BY THE DEALER.
  S 2. This act shall take effect immediately.