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.