The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8327--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, EPSTEIN, McDONALD, BURDICK, KELLES,
   GOTTFRIED,  O'DONNELL,  BURGOS,  FAHY,  GRIFFIN,  ZEBROWSKI,  DARLING,
   SIMON,   THIELE,   STECK,  SEPTIMO,  LUNSFORD,  OTIS,  GONZALEZ-ROJAS,
   L. ROSENTHAL -- read once and referred  to  the  Committee  on  Corpo-
   rations,  Authorities  and Commissions -- recommitted to the Committee
   on Corporations, Authorities and Commissions in accordance with Assem-
   bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the public authorities law, in relation to establishing
   the electric landscaping equipment rebate program; and  providing  for
   the repeal of such provisions upon expiration thereof
 
   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:
   §  1884.  ELECTRIC  LANDSCAPING  EQUIPMENT REBATE PROGRAM. 1. THERE IS
 HEREBY CREATED WITHIN THE AUTHORITY AN  ELECTRIC  LANDSCAPING  EQUIPMENT
 REBATE  PROGRAM.  THE PURPOSE OF THE PROGRAM IS TO REDUCE GREENHOUSE GAS
 EMISSIONS, IMPROVE AIR QUALITY, AND REDUCE NOISE POLLUTION BY  PROMOTING
 THE ADOPTION OF QUIETER, ZERO-EMISSION LANDSCAPING EQUIPMENT.
   2. AS USED IN THIS SECTION:
   (A)  "COMMERCIAL  LANDSCAPING  BUSINESS" SHALL MEAN A SOLE-PROPRIETOR-
 SHIP, FIRM, LIMITED LIABILITY COMPANY, PARTNERSHIP, CORPORATION OR OTHER
 BUSINESS ENTITY WHOSE PRIMARY CONCERN INVOLVES THE CARE AND  MAINTENANCE
 OF  YARDS,  GARDENS, OR OTHER OUTDOOR LANDSCAPES FOR CLIENTS, INCLUDING,
 BUT NOT LIMITED TO, LAWN CARE, GARDENING, AND THE REMOVAL OR PRUNING  OF
 TREES OR SHRUBS.
   (B)  "INSTITUTIONAL  OR  COMMERCIAL APPLICANT" SHALL MEAN A COMMERCIAL
 LANDSCAPING BUSINESS, OR A STATE AGENCY, STATE AUTHORITY, LOCAL AUTHORI-
 TY, TOWN, COUNTY, VILLAGE, SCHOOL DISTRICT, PRIVATE SCHOOL,  UNIVERSITY,
 NOT-FOR-PROFIT CORPORATION, OR OTHER NONPROFIT ORGANIZATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13058-07-2

 A. 8327--A                          2
 
   (C) "INDIVIDUAL APPLICANT" SHALL MEAN A PERSON, WHO IS NOT AN INSTITU-
 TIONAL  OR COMMERCIAL APPLICANT, AND WHO INTENDS TO USE AN ELIGIBLE LAWN
 CARE DEVICE FOR PRIVATE HOME USE AND NOT FOR ANY COMMERCIAL PURPOSES.
   (D)  "ELIGIBLE LAWN CARE DEVICE" SHALL MEAN A BATTERY-POWERED ELECTRIC
 LAWN CARE DEVICE THAT IS NEW, HAS NOT BEEN USED OR PREVIOUSLY OWNED, AND
 IS PURCHASED OR LEASED FROM A STOREFRONT OR  ONLINE  RETAILER.  ELIGIBLE
 LAWN  CARE  DEVICE  SHALL  NOT  INCLUDE  CORDED ELECTRIC EQUIPMENT, REEL
 MOWERS, OR TRACTORS USED TO PULL OTHER LAWN CARE DEVICES.
   (E) "LAWN CARE DEVICE" SHALL MEAN  ANY  DEVICE  POWERED  MECHANICALLY,
 WHICH  IS  INTENDED  TO  BE  USED  OR IS ACTUALLY USED FOR THE MOWING OF
 GRASS, THE CUTTING OR CHIPPING OF TREES, TREE ROOTS OR TREE BRANCHES, OR
 THE CLEARING OF LEAVES OR OTHER VEGETATION FROM LAWNS, SIDEWALKS, PUBLIC
 STREETS OR PUBLIC HIGHWAYS AND SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,
 SUCH  DEVICES AS LAWN MOWERS AND LAWN MOWER ATTACHMENTS, LAWN EDGERS AND
 TRIMMERS, HEDGE TRIMMERS, LEAF BLOWERS, LEAF  VACUUMS,  MULCHERS,  CHIP-
 PERS,  CHAINSAWS,  AND  POLE SAWS, AS WELL AS BATTERIES AND CHARGERS FOR
 SUCH DEVICES.
   (F) "LOCAL AUTHORITY" SHALL HAVE THE SAME MEANING  AS  IN  SUBDIVISION
 TWO OF SECTION TWO OF THIS CHAPTER.
   (G)  "STATE  AGENCY" SHALL MEAN ALL STATE DEPARTMENTS, BOARDS, COMMIS-
 SIONS, OFFICES OR INSTITUTIONS.
   (H) "STATE AUTHORITY" SHALL HAVE THE SAME MEANING  AS  IN  SUBDIVISION
 ONE OF SECTION TWO OF THIS CHAPTER.
   3. THE AUTHORITY SHALL AWARD REBATES AT THE POINT OF SALE FOR ELIGIBLE
 LAWN  CARE DEVICES IN AMOUNTS AS DETERMINED BY THIS SECTION. AN INSTITU-
 TIONAL OR COMMERCIAL APPLICANT SHALL RECEIVE NO MORE THAN FIFTEEN  THOU-
 SAND  DOLLARS  IN  REBATES  THROUGH  THE  ELECTRIC LANDSCAPING EQUIPMENT
 REBATE PROGRAM PER YEAR.  AN INDIVIDUAL APPLICANT SHALL RECEIVE NO  MORE
 THAN  THREE  HUNDRED DOLLARS IN REBATES THROUGH THE ELECTRIC LANDSCAPING
 EQUIPMENT REBATE PROGRAM 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 SUCH 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 LAWN CARE
 DEVICE REBATE AMOUNTS FROM THE AMOUNTS SPECIFIED IN SUBDIVISION SEVEN OF
 THIS SECTION. SUCH REDUCTION SHALL OCCUR ONLY IF  THE  AUTHORITY  DETER-
 MINES  THAT  FUNDS  WOULD  OTHERWISE  BE EXHAUSTED PRIOR TO THE END OF A
 FISCAL YEAR.
   5. THE AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS  TO  IMPLEMENT
 AND  ADMINISTER  THE  PROVISIONS  OF THIS SECTION NO LATER THAN ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS  SECTION,  INCLUDING  RULES  AND  REGU-
 LATIONS  RELATING  TO  THE  FORMS  REQUIRED TO CLAIM A REBATE UNDER THIS
 SECTION, THE REQUIRED DOCUMENTATION AND BASIS FOR ESTABLISHING ELIGIBIL-
 ITY FOR A REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A  REBATE,  THE
 COLLECTION  OF  ECONOMIC  IMPACT  DATA  FROM  APPLICANTS,  AND ANY OTHER
 REQUIREMENTS THE AUTHORITY DEEMS NECESSARY. THE AUTHORITY SHALL  CONDUCT
 EDUCATION  AND  OUTREACH, WITH INFORMATIONAL MATERIALS MADE AVAILABLE IN
 AT LEAST ENGLISH AND THE THREE MOST COMMON NON-ENGLISH LANGUAGES  SPOKEN
 BY  INDIVIDUALS  WITH  LIMITED-ENGLISH  PROFICIENCY  IN THE STATE OF NEW
 YORK, BASED ON  UNITED STATES CENSUS DATA, AS NECESSARY TO INFORM POTEN-
 A. 8327--A                          3
 
 TIAL APPLICANTS AND MANUFACTURERS AND RETAILERS OF  ELIGIBLE  LAWN  CARE
 DEVICES ABOUT THE ELECTRIC LANDSCAPING EQUIPMENT REBATE PROGRAM.
   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 LAWN CARE DEVICE MAY BE
 ELIGIBLE FOR THE FOLLOWING REBATES:
   (I) AN APPLICANT WHO PURCHASES OR LEASES A NEW  EDGER,  LAWN  TRIMMER,
 HEDGE  TRIMMER,  CHAINSAW,  OR  POLE  SAW  MAY RECEIVE A REBATE OF UP TO
 SEVENTY PERCENT OF THE PURCHASE PRICE, BUT  NO  MORE  THAN  TWO  HUNDRED
 DOLLARS PER DEVICE.
   (II)  AN  APPLICANT  WHO PURCHASES OR LEASES A NEW LEAF BLOWER OR LEAF
 VACUUM MAY RECEIVE A REBATE OF UP TO SEVENTY  PERCENT  OF  THE  PURCHASE
 PRICE, BUT NO MORE THAN TWO HUNDRED DOLLARS PER DEVICE.
   (III) AN APPLICANT WHO PURCHASES OR LEASES A NEW WALK-BEHIND MOWER MAY
 RECEIVE  A REBATE OF UP TO SEVENTY PERCENT OF THE PURCHASE PRICE, BUT NO
 MORE THAN FIVE HUNDRED DOLLARS PER DEVICE.
   (IV) AN APPLICANT WHO PURCHASES OR LEASES A NEW RIDE-ON OR  STAND-RIDE
 MOWER  MAY  RECEIVE  A  REBATE  OF UP TO SEVENTY PERCENT OF THE PURCHASE
 PRICE, BUT NO MORE THAN FIVE THOUSAND DOLLARS PER DEVICE.
   (V) AN APPLICANT WHO PURCHASES  OR  LEASES  ADDITIONAL  BATTERIES  AND
 CHARGERS  FOR  AN  ELIGIBLE LAWN CARE DEVICE MAY RECEIVE A REBATE OF ONE
 HUNDRED PERCENT OF THE PURCHASE PRICE FOR UP TO TWO  BATTERIES  AND  ONE
 CHARGER PER ELIGIBLE LAWN CARE DEVICE PURCHASED.
   (B) THE CALCULATION OF THE PURCHASE PRICE SHALL NOT INCLUDE ADDITIONAL
 COSTS SUCH AS TAXES, FEES, ACCESSORIES, OR DELIVERY CHARGES.
   8.  NO  LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 AND ANNUALLY THEREAFTER ON THE FIRST OF  JANUARY,  THE  AUTHORITY  SHALL
 ISSUE  A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
 THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE ON ENERGY AND TELECOMMU-
 NICATIONS AND THE CHAIR OF THE ASSEMBLY COMMITTEE  ON  ENERGY  DETAILING
 THE  STATUS  OF  THE ELECTRIC LANDSCAPING EQUIPMENT REBATE PROGRAM. SUCH
 REPORT SHALL INCLUDE:
   (A) THE AMOUNT OF FUNDING DEDICATED BY THE AUTHORITY FOR  THE  PROGRAM
 IN THE PRECEDING YEAR;
   (B) THE AMOUNT OF ELIGIBLE PURCHASES FOR WHICH A REBATE WAS AWARDED;
   (C) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES; AND
   (D) ANY OTHER INFORMATION THE AUTHORITY DEEMS NECESSARY.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2030.