S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2657
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 Introduced by M. of A. OTIS, ROSENTHAL, SIMON, LUNSFORD, SHIMSKY, SIMONE
   --  read  once and referred to the Committee on Corporations, Authori-
   ties and Commissions
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04498-01-5
              

 A. 2657                             2
 
   (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.
   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
 A. 2657                             3
 
 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, 2036.