S T A T E O F N E W Y O R K ________________________________________________________________________ 5472 2015-2016 Regular Sessions I N A S S E M B L Y February 24, 2015 ___________ Introduced by M. of A. FARRELL -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to creating an electric vehicle rebate program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public authorities law is amended by adding a new 2 section 1884 to read as follows: 3 S 1884. ELECTRIC VEHICLE REBATE PROGRAM. 1. THERE IS HEREBY CREATED 4 WITHIN THE AUTHORITY AN ELECTRIC VEHICLE REBATE PROGRAM. THE PURPOSE OF 5 THE PROGRAM SHALL BE TO PROMOTE CLEAN TECHNOLOGY VEHICLES THAT CREATE 6 ENVIRONMENTAL BENEFITS AND CONTRIBUTE TO THE ECONOMIC GROWTH OF THE 7 STATE. 8 2. FOR PURPOSES OF THIS SECTION: 9 (A) "ELIGIBLE PURCHASE" MEANS AND INCLUDES PURCHASE TO OWN OR A LEASE 10 OF NOT LESS THAN THIRTY-SIX MONTHS OF AN ELIGIBLE VEHICLE PLACED INTO 11 SERVICE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION; AND 12 (B) "ELIGIBLE VEHICLE" MEANS AND INCLUDES: 13 (I) A NEW LIGHT-DUTY MOTOR VEHICLE POWERED BY ELECTRIC DRIVE THAT: 14 (A) HAS FOUR WHEELS; 15 (B) WAS MANUFACTURED FOR USE PRIMARILY ON PUBLIC STREETS, ROADS AND 16 HIGHWAYS; 17 (C) THE POWERTRAIN HAS NOT BEEN MODIFIED FROM THE ORIGINAL MANUFACTUR- 18 ER'S SPECIFICATIONS; 19 (D) IS RATED AT NOT MORE THAN EIGHT THOUSAND FIVE HUNDRED POUNDS 20 UNLOADED VEHICLE WEIGHT; 21 (E) HAS A MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE MILES PER 22 HOUR; AND 23 (F) IS PROPELLED TO A SIGNIFICANT EXTENT BY AN ELECTRIC MOTOR THAT 24 DRAWS ELECTRICITY FROM A BATTERY THAT: 25 (I) HAS A CAPACITY OF NOT LESS THAN FOUR KILOWATT HOURS; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07966-01-5 A. 5472 2 1 (II) IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF ELEC- 2 TRICITY. 3 3. THE AUTHORITY SHALL AWARD REBATES FOR ELIGIBLE VEHICLES IN AMOUNTS 4 AS DETERMINED BY THIS SECTION. AN APPLICANT IS ELIGIBLE TO RECEIVE A 5 MAXIMUM OF ONE REBATE PER YEAR. 6 4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI- 7 CANT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND RULES 8 PROMULGATED BY THE AUTHORITY. THE TOTAL AMOUNT OF REBATES ALLOCATED TO 9 CERTIFIED APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF 10 FUNDS AVAILABLE FOR THE PROGRAM IN THE FISCAL YEAR. REBATES SHALL BE 11 ALLOCATED TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED 12 BY THE DATE THE APPLICATION IS RECEIVED, UNTIL ALL APPROPRIATED FUNDS 13 FOR THE FISCAL YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES 14 FIRST. THE AUTHORITY SHALL HAVE AUTHORITY TO REDUCE ELIGIBLE VEHICLE 15 REBATE AMOUNTS FROM THE AMOUNTS SPECIFIED IN SUBDIVISION SEVEN OF THIS 16 SECTION. SUCH REDUCTION SHALL OCCUR ONLY IF THE AUTHORITY FORECASTS 17 FUNDS WOULD BE EXHAUSTED PRIOR TO THE END OF A FISCAL YEAR. 18 5. THE AUTHORITY SHALL PROMULGATE RULES TO IMPLEMENT AND ADMINISTER 19 THIS SECTION BY OCTOBER FIFTEENTH, TWO THOUSAND FIFTEEN, INCLUDING RULES 20 RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE UNDER THIS SECTION, THE 21 REQUIRED DOCUMENTATION AND BASIS FOR ESTABLISHING ELIGIBILITY FOR A 22 REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A REBATE, AND THE 23 COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS. 24 6. THE AUTHORITY SHALL DETERMINE AND PUBLISH ON ITS WEBSITE ON AN 25 ONGOING BASIS THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN 26 EACH FISCAL YEAR. 27 7. (A) THE PURCHASER OR LESSEE OF AN ELIGIBLE VEHICLE MAY BE ELIGIBLE 28 FOR ONLY ONE OF THE REBATES SPECIFIED IN THIS PARAGRAPH: 29 (I) A PERSON WHO PURCHASES OR LEASES A NEW LIGHT-DUTY MOTOR VEHICLE 30 ELIGIBLE VEHICLE MAY RECEIVE UP TO A TWO THOUSAND FIVE HUNDRED DOLLAR 31 REBATE IF THE BATTERY CAPACITY OF THE ELIGIBLE VEHICLE IS TEN KILOWATT 32 HOURS OR GREATER; OR 33 (II) A PERSON WHO PURCHASES OR LEASES A NEW LIGHT-DUTY MOTOR VEHICLE 34 ELIGIBLE VEHICLE MAY RECEIVE UP TO A ONE THOUSAND FIVE HUNDRED DOLLAR 35 REBATE IF THE BATTERY CAPACITY IS FOUR KILOWATT HOURS OR GREATER, BUT 36 LESS THAN TEN KILOWATT HOURS. 37 (B) INCENTIVES SHALL BE APPLIED FOR USING THE FORMS DEVELOPED AND 38 PROVIDED BY THE AUTHORITY AND SHALL INCLUDE THE VERIFICATION OF PURCHASE 39 OR LEASE BY THE DEALER. 40 S 2. This act shall take effect immediately.