S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4532
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public authorities law, in relation to establishing
   the zero-emission vehicles  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.  PREVIOUSLY  OWNED  ZERO-EMISSION VEHICLES REBATE PROGRAM. 1.
 THERE IS HEREBY CREATED WITHIN THE AUTHORITY  A  ZERO-EMISSION  VEHICLES
 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 VEHICLES.
   2. AS USED IN THIS SECTION:
   (A)  "INSTITUTIONAL  OR  COMMERCIAL APPLICANT" SHALL MEAN A COMMERCIAL
 BUSINESS, OR A STATE AGENCY, STATE  AUTHORITY,  LOCAL  AUTHORITY,  TOWN,
 COUNTY,  VILLAGE,  SCHOOL DISTRICT, PRIVATE SCHOOL, UNIVERSITY, NOT-FOR-
 PROFIT CORPORATION, OR OTHER NONPROFIT ORGANIZATION.
   (B) "INDIVIDUAL APPLICANT" SHALL MEAN A PERSON, WHO IS NOT AN INSTITU-
 TIONAL OR COMMERCIAL APPLICANT, AND WHO INTENDS TO USE AN ELIGIBLE ZERO-
 EMISSION VEHICLE FOR  PRIVATE  HOME  USE  AND  NOT  FOR  ANY  COMMERCIAL
 PURPOSES.
   (C)  "ZERO-EMISSION VEHICLE" SHALL HAVE THE SAME MEANING AS UNDER PART
 TWO HUNDRED EIGHTEEN OF TITLE SIX OF THE NEW YORK CODES, RULES AND REGU-
 LATIONS.
   (D) "ELIGIBLE ZERO-EMISSION VEHICLE" SHALL MEAN A ZERO-EMISSION  VEHI-
 CLE  THAT  HAS BEEN USED OR PREVIOUSLY OWNED, AND IS PURCHASED OR LEASED
 FROM A STOREFRONT OR ONLINE RETAILER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09293-01-3
 S. 4532                             2
              

 
   (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 AWARD REBATES TO INSTITUTIONAL OR COMMERCIAL
 APPLICANTS AND INDIVIDUAL APPLICANTS AT THE POINT OF SALE  FOR  ELIGIBLE
 ZERO-EMISSION  VEHICLES IN AMOUNTS UP TO TWO THOUSAND DOLLARS, AS 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.
   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  ZERO-EMIS-
 SION VEHICLES ABOUT THE ZERO-EMISSION VEHICLES 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  ZERO-EMISSION VEHICLES 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, 2029.