S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9173
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Energy
 
 AN  ACT  to  amend  the energy law, in relation to code requirements for
   heavy distribution centers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The energy law is amended by adding a new section 11-111 to
 read as follows:
   § 11-111. SPECIAL CODE REQUIREMENTS FOR HEAVY DISTRIBUTION CENTERS. 1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "ELECTRIC  VEHICLE  CHARGING  STATION"  SHALL MEAN A STATION THAT
 DELIVERS ELECTRICITY FROM A SOURCE OUTSIDE AN ELECTRIC VEHICLE INTO  ONE
 OR  MORE  ELECTRIC  VEHICLES.  AN  ELECTRIC VEHICLE CHARGING STATION MAY
 INCLUDE SEVERAL CHARGE POINTS SIMULTANEOUSLY CONNECTING SEVERAL ELECTRIC
 VEHICLES TO THE STATION AND ANY RELATED EQUIPMENT NEEDED  TO  FACILITATE
 CHARGING PLUG-IN ELECTRIC VEHICLES.
   (B)  "HEAVY  DISTRIBUTION  CENTER"  SHALL  MEAN  A  FACILITY  THAT (I)
 CONTAINS AT LEAST FIFTY THOUSAND SQUARE FEET OF TOTAL FLOOR  SPACE  THAT
 IS  USED  FOR  WAREHOUSE ACTIVITIES; AND (II) HAS AS ITS PRIMARY PURPOSE
 THE TEMPORARY STORAGE, SORTING, AND REDISTRIBUTION OF GOODS  TO  FULFILL
 E-COMMERCE  ORDERS  BY  RECEIVING  SHIPMENTS  OF  GOODS FROM ONE MODE OF
 TRANSPORT AND REDISTRIBUTING THOSE  GOODS  VIA  A  DELIVERY  VEHICLE.  A
 "HEAVY  DISTRIBUTION  CENTER" SHALL NOT INCLUDE ANY FACILITY WHERE GOODS
 ARE MANUFACTURED OR ASSEMBLED ON SITE AND TEMPORARILY  STORED  PRIOR  TO
 DISTRIBUTION, OR ANY FACILITY THAT HAS AS ITS PRIMARY PURPOSE THE TEMPO-
 RARY STORAGE OF FOOD PRODUCTS FOR WHOLESALE DISTRIBUTION.
   (C)  "LAST  MILE  DELIVERY"  SHALL  REFER  TO  THE  FINAL PORTION OF A
 PARCEL'S JOURNEY FROM A HEAVY DISTRIBUTION CENTER TO A CONSUMER OR  END-
 USER.
   (D)  "PARCEL  HUB"  SHALL MEAN A SORTING FACILITY AT WHICH PARCELS ARE
 RECEIVED, SORTED, AND DISTRIBUTED FOR LAST MILE DELIVERY.
   (E) "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY, SOCIETY, ASSOCIATION, JOINT STOCK COMPANY, CORPORATION, ESTATE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09534-03-3
 A. 9173                             2
 
 RECEIVER,  TRUSTEE,  ASSIGNEE,  REFEREE  OR ANY OTHER PERSON ACTING IN A
 FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER APPOINTED BY  A  COURT  OR
 OTHERWISE, ANY COMBINATION OF INDIVIDUALS AND ANY OTHER FORM OF UNINCOR-
 PORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR MORE PERSONS.
   (F)  "WAREHOUSE  OPERATOR" SHALL MEAN ANY PERSON THAT CONDUCTS DAY-TO-
 DAY OPERATIONS AT A  HEAVY  DISTRIBUTION  CENTER,  INCLUDING  OPERATIONS
 CONDUCTED THROUGH THE USE OF THIRD-PARTY CONTRACTORS.
   2.  ELECTRIC  VEHICLE CHARGING STATIONS IN HEAVY DISTRIBUTION CENTERS.
 (A) ALL HEAVY DISTRIBUTION CENTERS SUBJECT TO THE STATE ENERGY CONSERVA-
 TION CONSTRUCTION CODE AS DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION  ONE
 OF  SECTION 11-103 OF THIS ARTICLE SHALL BE EQUIPPED WITH ELECTRIC VEHI-
 CLE CHARGING STATIONS ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
   (B) THE SECRETARY OF STATE, IN CONSULTATION WITH THE PRESIDENT OF  THE
 NEW   YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,  SHALL
 PRESCRIBE THE REQUIRED NUMBER OR NUMBERS OF  ELECTRIC  VEHICLE  CHARGING
 STATIONS  PER  HEAVY DISTRIBUTION CENTER IN THE CODE IN A MANNER PROPOR-
 TIONAL TO THE SIZE AND NEEDS OF SUCH WAREHOUSES.
   3. ANY WAREHOUSE OPERATOR FOUND IN VIOLATION OF THE PROVISIONS OF THIS
 SECTION SHALL BE LIABLE FOR THE PENALTIES PRESCRIBED IN  SECTION  11-108
 OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.