S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5769
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Energy
 
 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.
   (E)  "LOCAL  AUTHORITY"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
 TWO OF SECTION TWO OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09293-01-3
              

 A. 5769                             2
 
   (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.