S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5853--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced by Sens. KRUEGER, HOYLMAN-SIGAL, MAY, MAYER, PARKER, RAMOS --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Energy and Telecommunications -- recommitted  to  the
   Committee  on  Energy and Telecommunications in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee and committed
   to the Committee on Finance --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04841-04-4
 S. 5853--A                          2
              

 
   (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
 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.
 S. 5853--A                          3
 
   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 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.