§ 54-1521. Clean vehicle projects.

1. As used in this section, the following terms shall have the
following meanings:

a. "eligible infrastructure project" shall mean any facility (not
including a building and its structural components) that is publicly
available and used primarily for the public charging and/or fueling of
eligible vehicles as defined in this section, including but not limited
to fast chargers, that has received required federal, state and local
permits and authorizations, and complies with applicable zoning
ordinances.

b. "eligible purchase" shall mean the purchase by a municipality to
own or lease for a period of not less than thirty-six months of an
eligible vehicle placed into service on or after April first, two
thousand sixteen at a dealer located within New York.

c. "eligible vehicle" means and includes a new motor vehicle that:

(i) has four wheels;

(ii) was manufactured for use primarily on public streets, roads and
highways;

(iii) the powertrain of which has not been modified from the original
manufacturer's specifications;

(iv) has a maximum speed capability of at least fifty-five miles per
hour; and

(v) is propelled at least in part by an electric motor and associated
power electronics which provide acceleration torque to the drive wheels
sometime during normal vehicle operation, and that draws electricity
from a hydrogen fuel cell or from a battery that:

(A) has a capacity of not less than four kilowatt hours; and

(B) is capable of being recharged from an external source of
electricity.

2. a. Until April 1, 2025, the commissioner, in consultation with the
New York state energy research and development authority, is authorized
to issue rebates until the annual allocation is exhausted to
municipalities toward the cost of any eligible infrastructure projects
which support the development of clean vehicles.

b. The department, in consultation with the New York state energy
research and development authority, shall determine the amount of the
rebate for eligible infrastructure projects, provided that an applicant
for such eligible infrastructure project rebate may receive a maximum
rebate of two hundred fifty thousand dollars per facility, provided
however that infrastructure projects that will maximize access by
multiple public users who might otherwise not have access may receive a
maximum of three hundred thousand dollars per facility.

3. a. Until April 1, 2025, the commissioner, in consultation with the
New York state energy research and development authority, is authorized
to issue rebates until the annual allocation is exhausted to
municipalities toward the cost of eligible purchases of clean vehicles.

b. The department, in consultation with the New York state energy
research and development authority, shall determine the amount of the
rebate taking into consideration the electric range of the vehicle,
provided that a rebate of an eligible purchase shall be not less than
two thousand five hundred dollars per vehicle and not more than seven
thousand five hundred dollars per vehicle.

4. The department, in consultation with the New York state energy
research and development authority, shall promulgate rules to implement
and administer this title including rules relating to the forms required
to claim a rebate, the required documentation for establishing
eligibility for a rebate, procedures and guidelines for claiming a
rebate, and the collection of economic impact data from applicants and
any other requirements the department and New York state energy research
and development authority deem necessary. The department shall determine
and publish on its website on an ongoing basis the amount of available
funding for rebates remaining in each fiscal year.

5. No later than April first, two thousand eighteen and annually
thereafter, the department shall issue a report to the temporary
president of the senate and the speaker of the assembly detailing the
status of its program to encourage the deployment of clean vehicles.
Such report shall include:

a. the amount of funding dedicated by the department for the program
in the preceding year;

b. the number of eligible purchases and eligible infrastructure
projects for which a rebate was awarded;

c. the amount and geographic distribution of rebates; and

d. any other information the department deems necessary.