S T A T E O F N E W Y O R K
________________________________________________________________________
5390
2023-2024 Regular Sessions
I N S E N A T E
March 3, 2023
___________
Introduced by Sens. HARCKHAM, KRUEGER -- read twice and ordered printed,
and when printed to be committed to the Committee on Energy and Tele-
communications
AN ACT to amend the environmental conservation law, in relation to
providing that one hundred percent of in-state sales of new lawn care
devices shall be zero-emissions by two thousand twenty-nine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 19-0333 to read as follows:
§ 19-0333. ZERO-EMISSIONS LAWN CARE DEVICES.
1. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL
REQUIRE THAT ALL LAWN CARE DEVICES OFFERED FOR SALE OR SOLD, IN THE
STATE SHALL BE ZERO-EMISSIONS BY TWO THOUSAND TWENTY-NINE.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "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,
LEAF BLOWERS, LEAF VACUUMS, MULCHERS AND CHIPPERS.
(B) "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
3. THE AUTHORITY, IN CONSULTATION WITH THE COMMISSIONER, OTHER STATE
AGENCIES AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SHALL
DEVELOP AND PROPOSE STRATEGIES, IN COORDINATION WITH OTHER STATE AGEN-
CIES AND THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY, TO ACHIEVE ONE
HUNDRED PERCENT ZERO-EMISSIONS FROM LAWN CARE DEVICE OPERATIONS IN THE
STATE BY TWO THOUSAND TWENTY-NINE, PROVIDED THAT ISSUES OF AFFORDABILITY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09963-01-3
S. 5390 2
AND ACCESSIBILITY FOR DISADVANTAGED COMMUNITIES IS TAKEN INTO ACCOUNT.
IN IMPLEMENTING THE PROVISIONS OF THIS SUBDIVISION, THE AUTHORITY SHALL
ACT CONSISTENTLY WITH SAFETY, TECHNOLOGICAL FEASIBILITY AND COST-EFFEC-
TIVENESS.
4. THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC
DEVELOPMENT, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE PUBLIC
SERVICE COMMISSION, AND OTHER STATE AGENCIES, LOCAL AGENCIES AND OTHER
INTERESTED PARTIES, SHALL DEVELOP A ZERO-EMISSIONS LAWN CARE DEVICE
MARKET DEVELOPMENT STRATEGY BY JANUARY THIRTY-FIRST, TWO THOUSAND TWEN-
TY-FIVE, AND AN UPDATE EVERY THREE YEARS THEREAFTER, THAT ENSURES COOR-
DINATED AND EXPEDITIOUS IMPLEMENTATION OF THE SYSTEM OF POLICIES,
PROGRAMS AND REGULATIONS NECESSARY TO ACHIEVE THE GOALS AND ORDERS
ESTABLISHED BY THIS SECTION.
§ 2. This act shall take effect immediately.