The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5681
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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 1885 to read as follows:
   § 1885. 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) "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04841-02-3
 A. 5681                             2

 
   (D)  "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,  CHARGERS,  AND
 POWER MANAGEMENT EQUIPMENT FOR SUCH DEVICES.
   (E)  "LOCAL  AUTHORITY"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
 TWO OF SECTION TWO OF THIS CHAPTER.
   (F) "STATE AGENCY" SHALL MEAN ALL STATE DEPARTMENTS,  BOARDS,  COMMIS-
 SIONS, OFFICES OR INSTITUTIONS.
   (G)  "STATE  AUTHORITY"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
 ONE OF SECTION TWO OF THIS CHAPTER.
   3. THE AUTHORITY SHALL CREATE A  PROGRAM,  WITHIN  EXISTING  APPROPRI-
 ATIONS,  TO  AWARD  REBATES  AT  THE  POINT  OF SALE TO INSTITUTIONAL OR
 COMMERCIAL APPLICANTS FOR ELIGIBLE LAWN CARE DEVICES IN  AMOUNTS  DETER-
 MINED BY THE AUTHORITY.
   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  IF  THE  AUTHORITY  DETERMINES 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 TWO HUNDRED
 SEVENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,  INCLUDING  RULES
 AND  REGULATIONS  RELATING  TO THE TYPES OF EQUIPMENT COVERED UNDER THIS
 SECTION AND REBATE AMOUNTS FOR EACH EQUIPMENT TYPE, THE  FORMS  REQUIRED
 TO CLAIM A REBATE, THE REQUIRED DOCUMENTATION AND BASIS FOR ESTABLISHING
 ELIGIBILITY  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 AVAIL-
 ABLE 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
 POTENTIAL 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.  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. 5681                             3
 
   (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, 2035.