S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5681--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  OTIS, THIELE, L. ROSENTHAL, SIMON, LUNSFORD,
   SHIMSKY, SIMONE -- read once and referred to the Committee  on  Corpo-
   rations,  Authorities  and Commissions -- recommitted to the Committee
   on Ways and Means in accordance  with  Assembly  Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04841-05-4
              

 A. 5681--A                          2
 
 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.
   (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,
 THE CLEARING OF SNOW AND ICE, 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 WALKING AND RIDING LAWN
 MOWERS AND LAWN MOWER ATTACHMENTS, LAWN EDGERS AND TRIMMERS, HEDGE TRIM-
 MERS, LEAF BLOWERS, LEAF VACUUMS, MULCHERS,  CHIPPERS,  CHAINSAWS,  POLE
 SAWS,  AUGERS,  CULTIVATORS AND TILLERS, SNOW BLOWERS, AND SNOW SHOVELS,
 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.   IN THE COURSE OF
 DEVELOPING SUCH RULES AND REGULATIONS, THE AUTHORITY SHALL CONSULT  WITH
 RELEVANT  STAKEHOLDERS,  INCLUDING COMMERCIAL LANDSCAPING BUSINESSES AND
 RETAILERS SELLING ELIGIBLE LAWN  CARE  DEVICES.    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.
 A. 5681--A                          3
 
   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)  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.