N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 492-1.1

Current through Register Vol. 46, No. 39, September 25, 2024

Section 492-1.1 - Definitions

(a) 'Clean vehicle projects'. Projects undertaking an eligible purchase or lease of an eligible vehicle, or installation of eligible infrastructure for public charging and/or fueling of eligible vehicles.

(b) 'Climate adaptation and mitigation projects'. Projects funded pursuant to this title that shall include:

(1) The construction of natural resiliency measures, conservation or restoration of riparian areas and tidal marsh migration areas;

(2) Nature-based solutions to address physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable;

(3) Relocation or retrofit of facilities to address physical climate risk due to sea level rise, and/or storm surges and/or flooding based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable;

(4) Flood risk reduction;

(5) Greenhouse gas emission reductions outside the power sector;

(6) Enabling communities to become certified under the climate smart communities program, including by developing natural resources inventories, right sizing of municipal fleets and developing climate adaptation strategies; and

(7) Climate change adaptation planning and supporting studies, including but not limited to vulnerability assessment and risk analysis of municipal drinking water, wastewater, and transportation infrastructure.

(c) 'Climate change mitigation easement'. An easement, to be enforced as a conservation easement, required by an applicant municipality that does not own the project site. The municipality must develop, execute, and file a climate change mitigation easement with the appropriate County clerk's office which ensures that:

(1) The property shall be accessible to the municipality for any necessary work to achieve the funded purpose throughout the anticipated life of the project;

(2) The property shall provide the identified public benefit throughout the anticipated life of the project;

(3) The property shall be used to achieve climate protection and mitigation goals pursuant to ECL Article 54 Title 15 "Climate Smart Community Projects" throughout the anticipated life of the project; and

(4) The property owner shall provide information and data to the municipality, or will provide access to the municipality for collection of data, as specified in the grant contract;

(d) 'Climate smart community projects'. Climate smart community projects are climate adaptation and mitigation projects and clean vehicle projects.

(e) 'Cost'. Cost shall mean eligible project costs as outlined in a Request for Applications, including the cost of all systems, facilities, machinery and equipment, engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to undertaking a climate smart community project.

(f) 'Department'. Department shall mean the Department of Environmental Conservation.

(g) 'Eligible vehicle'. A new motor vehicle that:

(1) Has four wheels;

(2) Was manufactured for use primarily on public street, roads and highways;

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

(4) Is rated at not more than eight thousand five hundred pounds gross vehicle weight;

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

(6) Is propelled at least in part by an electronic 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:

(i) Has a capacity of not less than four kilowatt hours; and

(ii) Is capable of being recharged from an external source of electricity.

(h) 'Eligible purchase'. 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.

(i) 'Eligible infrastructure project'. Any facility (not including a building and its structural components) that is used primarily for the public charging and/or fueling of vehicles which meet the eligible vehicle definition that has received required federal, state, and local permits and authorizations and complies with zoning.

(j) 'Municipality'. A county, city, town, village or borough (referring only to Manhattan, Bronx, Queens, Brooklyn, and Staten Island) residing within New York State. Municipality does not include local public authorities, public benefit corporations, Indian tribes or nations residing within New York State, or school or supervisory districts.

(k) 'Request for Applications'. A call for eligible applications issued by the Department laying out the specific process and requirements to apply for rebates and/or state assistance payments pursuant to this Title. The Request for Applications will be made available on the Department website and will be applicable until revised and replaced.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 492-1.1

Adopted New York State Register February 28, 2018/Volume XL, Issue 09, eff. 2/28/2018