§ 56-0605. Clean-fueled buses projects.

Terms Used In N.Y. Environmental Conservation Law 56-0605

  • Contract: A legal written agreement that becomes binding when signed.
  • Cost: means the cost of an approved project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project less any federal or state funds, other than those provided pursuant to this article, for such project received or to be received. See N.Y. Environmental Conservation Law 56-0101
  • Governing body: means :

    (a) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;

    (b) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;

    (c) in the case of a town, the town board;

    (d) in the case of a school district, the board of education thereof;

    (e) in the case of a supervisory district, the board of cooperative educational services thereof;

    (f) in the case of a public benefit corporation, the board of directors, members or trustees thereof;

    (g) in the case of a public authority, the governing board of directors, members, or trustees thereof;

    (h) in the case of a not-for-profit corporation, the board of directors thereof or such other body designated in the certificate of incorporation to manage the corporation; and

    (i) in the case of an Indian tribe, any governing body recognized by the United States or the state of New York. See N.Y. Environmental Conservation Law 56-0101
  • Municipality: means a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, or any combination thereof. See N.Y. Environmental Conservation Law 56-0101

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.