NY State Senate Bill S7453A

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2022	vetoed memo.184
Dec 16, 2022	delivered to governor
Apr 27, 2022	returned to senate passed assembly
Apr 25, 2022	ordered to third reading rules cal.88 substituted for a8327a referred to ways and means delivered to assembly passed senate
Jan 25, 2022	amended on third reading 7453a
Jan 18, 2022	advanced to third reading
Jan 12, 2022	2nd report cal.
Jan 11, 2022	1st report cal.122
Jan 05, 2022	reference changed to energy and telecommunications
Oct 20, 2021	referred to rules

Votes

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Apr 25, 2022 - floor Vote

S7453A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 11, 2022 - Energy and Telecommunications committee Vote

S7453

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S7453 - Details

See Assembly Version of this Bill:: A8327
Law Section:: Public Authorities Law
Laws Affected:: Add §1884, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S5853, A5681

S7453 - Summary

Establishes the electric landscaping equipment rebate program to reduce greenhouse gas emissions, improve air quality, and reduce noise pollution by promoting the adoption of quieter, zero-emission landscaping equipment; provides for rebates at the point of sale for applicants purchasing or leasing certain equipment; provides for the repeal of such provisions upon expiration thereof.

S7453 - Sponsor Memo

 
BILL NUMBER: S7453

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of the bill is to reduce greenhouse gas emissions, improve
air quality, and reduce noise pollution by promoting the adoption of
electric landscaping equipment.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Public Authorities Law by adding a new section
1884.

Subdivision 1: Creates the Electric Landscaping Equipment Rebate Program
within the New York State Research and Development Authority (NYSERDA).

Subdivision 2: Definitions

Subdivision 3: Requires the creation of a rebate program at the point of
sale. Caps annual rebates at no more than $15,000 for an institutional
or commercial applicant and $300 for an individual applicant.

Subdivision 4: Authorizes NYSERDA to determine rebate eligibility, allo-
cate rebates on a first-come first-served basis, and to reduce rebate
amounts if it is determined that funds would otherwise be exhausted
prior to the end of a fiscal year.

Subdivision 5: Requires NYSERDA to promulgate rules and regulations and
conduct education and outreach in multiple languages.

Subdivision 6: Requires NYSERDA to publish on its website on an ongoing
basis the amount of available funding remaining.

Subdivision 7: Establishes rebates for eligible lawn care devices on the
following schedule:

-edger, trimmer, chainsaw, or pole saw: up to 70% of the purchase price,
but no more than $200 per device.

-leaf blower or leaf vacuum: up to 70% of the purchase price, but no
more than $200 per device.

-walk-behind mower: up to 70'6 of the purchase price, but no more than
$500 per device.

-ride-on or stand-ride mower: up to 70% of the purchase price, but no
more than $5,000 per device.

-additional batteries and chargers for an eligible lawn care device: a
rebate of 100% of the purchase price for up to two batteries and one
charger per eligible lawn care device purchased.

Subdivision 8: Requires NYSERDA to issue an annual report on the status
of the program.

Section 2: Immediate effective date, deemed repealed January 1, 2030.

 
JUSTIFICATION:

Gas-powered lawn care equipment, such as leaf blowers, weed whackers,
and lawn mowers, have a significant negative impact on workers, communi-
ties, and the environment. Electric equipment, on the other hand, is
lighter, quieter, has lower maintenance costs, a significantly smaller
environmental footprint, and is better for workers' health. This bill
will encourage the adoption of electric lawn-care equipment through
point-of-sale rebates.

Gas-powered lawn care equipment has a large environmental footprint,
emitting large amounts of greenhouse gases and harmful, smog-forming
pollution. According to NYSDEC, gas-powered lawn care equipment emits
hydrocarbons, oxides of nitrogen (NOx), carbon monoxide (CO), and fine
particulate matter (PM). The California Air Resources Board (CARB) has
reported that operating a gas-powered lawn mower for one hour creates as
much smog-forming pollution as driving an average car 300 miles, the
distance from New York City to Portland, ME. Operating a gas-powered
leaf blower for one hour creates as much smog-forming pollution as driv-
ing a car 1,100 miles, or from New York City to Tampa, FL. According to
CARB, early in this decade the total smog-forming emissions from small
off-road engines, the vast majority of which are residential and commer-
cial lawn and garden equipment, will exceed those from passenger cars in
the Greater Los Angeles Area.

Noise is also a significant negative impact from gas-powered lawn care
equipment. According to a 2018 report in the Journal of Environmental
and Toxicological Studies, sound levels at distances of 100 to 400 feet
were up to 22 decibels louder for gas-powered leaf blowers than their
battery-electric equivalents (the decibel scale is logarithmic, so each
increase of 10 represents a noise ten times louder).

The report goes on to say, "the measured GLB (gas-powered leaf blower)
sound spectrum had a markedly greater low frequency component compared
with the BLB (battery-electric leaf blower) sound spectrum, allowing it
to transmit and remain audible over longer distances and have greater
adverse impact on the surrounding community. Further, the low frequency
component of GLBs enabled their sound to transmit more readily through
windows and glass doors of homes. Application of a measure of loudness
as perceived by the human ear suggests that GLBs can often be heard up
to several times louder than BLBs in outdoor and indoor settings. In
actual settings, the routine use of multiple GLBs and other noisy equip-
ment for hours a day exposes not only workers but large numbers of
people in the community to harmful levels of noise and threatens not
only worker health, but public health, particularly of children,
seniors, and other vulnerable populations."

NYSDEC has found that a gas-powered leaf blower rated at 70 dB at 50
feet may reach noise levels over 105 dB at the operator's ears, which is
a noise level equivalent to a table saw.

The Journal of Environmental and Toxicological Studies report found that
in 2018, 170 communities in the US had enacted restrictions on the use
of gas-powered leaf blowers. Nearly two dozen cities, towns, and
villages in New York State have bans on gas-powered leaf blowers during
certain times of year.

The rebate program created by this bill, based on numerous successful
local programs in place in California, will incentivize individuals,
commercial landscapers, and institutions to transition to electric lawn
care equipment, with lasting benefits for workers, communities, and our
shared environment.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT ON THE STATE:

Program funding would be provided through existing NYSERDA funding
streams.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on January 1, 2030.

S7453 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7453
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2021
                                ___________
 
 Introduced by Sens. KRUEGER, GAUGHRAN, KAPLAN, MAY, MAYER, RAMOS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Rules
 
 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13058-05-1

 S. 7453                             2
 
 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, LEAF BLOWERS, LEAF VACUUMS, MULCHERS, CHIPPERS, 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-
 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:
 S. 7453                             3
 
   (I)  AN APPLICANT WHO PURCHASES OR LEASES A NEW EDGER, TRIMMER, CHAIN-
 SAW, 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.

Co-Sponsors

view additional co-sponsors

S7453A (ACTIVE) - Details

See Assembly Version of this Bill:: A8327
Law Section:: Public Authorities Law
Laws Affected:: Add §1884, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S5853, A5681

S7453A (ACTIVE) - Summary

S7453A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7453A

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of the bill is to reduce greenhouse gas emissions, improve
air quality, and reduce noise pollution by promoting the adoption of
electric landscaping equipment.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Public Authorities Law by adding a new section
1884.  Subdivision 1: Creates the Electric Landscaping Equipment Rebate
Program within the New York State Research and Development Authority
(NYSERDA).

Subdivision 2: Definitions

Subdivision 3: Requires the creation of a rebate program at the point of
sale. Caps annual rebates at no more than $15,000 for an institutional
or commercial applicant and $300 for an individual applicant.

Subdivision 4: Authorizes NYSERDA to determine rebate eligibility, allo-
cate rebates on a first-come first-served basis, and to reduce rebate
amounts if it is determined that funds would otherwise be exhausted
prior to the end of a fiscal year.

Subdivision 5: Requires NYSERDA to promulgate rules and regulations and
conduct education and outreach in multiple languages.

Subdivision 6: Requires NYSERDA to publish on its website on an ongoing
basis the amount of available funding remaining.

Subdivision 7: Establishes rebates for eligible lawn care devices on the
following schedule:

-edger, trimmer, hedge trimmers, chainsaw, or pole saw: up to 70% of the
purchase price, but no more than $200 per device.

-leaf blower or leaf vacuum: up to 70% of the purchase price, but no
more than $200 per device.

-walk-behind mower: up to 70% of the purchase price, but no more than
$500 per device.

-ride-on or stand-ride mower: up to 70% of the purchase price, but no
more than $5,000 per device.

-additional batteries and chargers for an eligible lawn care device: a
rebate of 100% of the purchase price for up to two batteries and one
charger per eligible lawn care device purchased.


Subdivision 8: Requires NYSERDA to issue an annual report on the status
of the program.

Section 2: Immediate effective date, deemed repealed January 1, 2030.

 
JUSTIFICATION:

Gas-powered lawn care equipment, such as leaf blowers, weed whackers,
and lawn mowers, have a significant negative impact on workers, communi-
ties, and the environment. Electric equipment, on the other hand, is
lighter, quieter, has lower maintenance costs, a significantly smaller
environmental footprint, and is better for workers' health. This bill
will encourage the adoption of electric lawn-care equipment through
point-of-sale rebates.

Gas-powered lawn care equipment has a large environmental footprint,
emitting large amounts of greenhouse gases and harmful, smog-forming
pollution. According to NYSDEC, gas-powered lawn care equipment emits
hydrocarbons, oxides of nitrogen (NOx), carbon monoxide (CO), and fine
particulate matter (PM). The California Air Resources Board (CARE) has
reported that operating a gas-powered lawn mower for one hour creates as
much smog-forming pollution as driving an average car 300 miles, the
distance from New York City to Portland, ME. Operating a gas-powered
leaf blower for one hour creates as much smog-forming pollution as driv-
ing a car 1,100 miles, or from New York City to Tampa, FL. According to
CARS, early in this decade the total smog-forming emissions from small
off-road engines, the vast majority of which are residential and commer-
cial lawn and garden equipment, will exceed those from passenger cars in
the Greater Los Angeles Area.

Noise is also a significant negative impact from gas-powered lawn care
equipment. According to a 2018 report in the Journal of Environmental
and Toxicological Studies, sound levels at distances of 100 to 400 feet
were up to 22 decibels louder for gas-powered leaf blowers than their
battery-electric equivalents (the decibel scale is logarithmic, so each
increase of 10 represents a noise ten times louder).

The report goes on to say, "the measured GLB (gas-powered leaf blower)
sound spectrum had a markedly greater low frequency component compared
with the BLB (battery-electric leaf blower) sound spectrum, allowing it
to transmit and remain audible over longer distances and have greater
adverse impact on the surrounding community. Further, the low frequency
component of GLBs enabled their sound to transmit more readily through
windows and glass doors of homes. Application of a measure of loudness
as perceived by the human ear suggests that GLBs can often be heard up
to several times louder than BLBs in outdoor and indoor settings. In
actual settings, the routine use of multiple GLBs and other noisy equip-
ment for hours a day exposes not only workers but large numbers of
people in the community to harmful levels of noise and threatens not
only worker health, but public health, particularly of children,
seniors, and other vulnerable populations."

NYSDEC has found that a gas-powered leaf blower rated at 70 dB at 50
feet may reach noise levels over 105 dB at the operator's ears, which is
a noise level equivalent to a table saw.

The Journal of Environmental and Toxicological Studies report found that
in 2018, 170 communities in the US had enacted restrictions on the use
of gas-powered leaf blowers. Nearly two dozen cities, towns, and
villages in New York State have bans on gas-powered leaf blowers during
certain times of year.

The rebate program created by this bill, based on numerous successful
local programs in place in California, will incentivize individuals,
commercial landscapers, and institutions to transition to electric lawn
care equipment, with lasting benefits for workers, communities, and our
shared environment.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT ON THE STATE:

Program funding would be provided through existing NYSERDA funding
streams.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on January 1, 2030.

S7453A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7453--A
     Cal. No. 122
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, GAUGHRAN, KAPLAN, MAY, MAYER, RAMOS, BIAG-
   GI, BROOKS, HOYLMAN, SAVINO -- read twice  and  ordered  printed,  and
   when  printed to be committed to the Committee on Rules -- recommitted
   to the Committee on Energy and Telecommunications in  accordance  with
   Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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.

                                                            LBD13058-06-2
 S. 7453--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-
 S. 7453--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.

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The New York State Senate

senate Bill S7453A

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Archive: Last Bill Status - Vetoed by Governor

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Votes

Apr 25, 2022 - floor Vote

Floor Vote: Apr 25, 2022

Jan 11, 2022 - Energy and Telecommunications committee Vote

Committee Vote: Jan 11, 2022

Bill Amendments

Co-Sponsors

S7453 - Details

S7453 - Summary

S7453 - Sponsor Memo

S7453 - Bill Text download pdf

Co-Sponsors

S7453A (ACTIVE) - Details

S7453A (ACTIVE) - Summary

S7453A (ACTIVE) - Sponsor Memo

S7453A (ACTIVE) - Bill Text download pdf

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senate Bill S7453A

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Apr 25, 2022 - floor Vote

Floor Vote: Apr 25, 2022

Jan 11, 2022 - Energy and Telecommunications committee Vote

Committee Vote: Jan 11, 2022

Bill Amendments

Co-Sponsors

S7453 - Details

S7453 - Summary

S7453 - Sponsor Memo

S7453 - Bill Text download pdf

Co-Sponsors

S7453A (ACTIVE) - Details

S7453A (ACTIVE) - Summary

S7453A (ACTIVE) - Sponsor Memo

S7453A (ACTIVE) - Bill Text download pdf

Comments