§ 56-0605. Clean-fueled buses projects.

1. The New York state energy research and development authority in
cooperation with the department of transportation is authorized to make
state assistance payments to "clean-fueled buses projects".

2. For the purposes of this section, the term "clean-fueled bus" shall
mean any motor vehicle having a seating capacity of fifteen or more
passengers in addition to the driver and used for the transportation of
persons on public highways, that is fueled by compressed natural gas,
propane, methanol, hydrogen, biodiesel or ethanol, or uses electricity,
including electricity generated from solar energy, either stored or
generated on-board, as its primary motive force. For the purposes of
this section, the term "diesel-fueled school bus retrofit equipment"
shall mean equipment and/or technologies, including, but not limited to,
particulate traps or filters and catalytic converters that reduce
emissions of particulate matter, hydrocarbons, oxides of nitrogen,
carbon monoxide, or toxic air pollutants.

3. Any municipality, state agency or department, state public
authority, or school district upon the approval of its governing body,
may submit an application to the authority, in such a form and
containing such information as the authority may require, for state
assistance payments toward the cost of acquisition of clean-fueled
buses, purchase and installation of diesel-fueled school bus retrofit
equipment on diesel-fueled school buses and for installation of
infrastructure, including depot construction directly associated with
such acquisitions. The authority shall suballocate to the department
such funds as are necessary for the development of a single facility to
evaluate heavy duty vehicle emissions.

4. The authority shall review such application, and may approve,
disapprove or recommend modifications thereto consistent with applicable
law, criteria, standards or rules and regulations relative to such
application. Reasons for disapproval shall be provided to the applicant
in writing.

5. After approval of the application, the authority and the
municipality, state agency or department, state public authority, or
school district shall enter into a contract for state assistance
payments towards the cost of such project which shall include the
following provisions:

(a) A current estimate of the cost of the project as determined by the
authority at the time of the execution of the contract;

(b) An agreement by the authority to make state assistance payments
towards the cost of the project; and

(c) An agreement by the municipality, state agency or department,
state public authority, or school district to proceed expeditiously with
the project and to complete the project in accordance with plans
approved by the authority and provide reports as required by the
authority.