S T A T E O F N E W Y O R K
________________________________________________________________________
7455
I N S E N A T E
May 3, 2016
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law, in relation to establishing the
electric vehicle charging tariff
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
66-o to read as follows:
S 66-O. ELECTRIC VEHICLE CHARGING TARIFF. 1. DEFINITIONS. FOR PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ELECTRIC VEHICLE" SHALL MEAN A MOTOR VEHICLE THAT IS ABLE TO BE
POWERED BY AN ELECTRIC MOTOR DRAWING CURRENT FROM RECHARGEABLE STORAGE
BATTERIES, FUEL CELLS OR OTHER PORTABLE SOURCES OF ELECTRICAL CURRENT,
AND MEETS OR EXCEEDS APPLICABLE REGULATIONS IN CFR, TITLE 49, PART 571,
INCLUDING A PLUG-IN HYBRID ELECTRIC VEHICLE.
(B) "INVESTOR OWNED UTILITY" SHALL MEAN (I) CONSOLIDATED EDISON; (II)
ORANGE AND ROCKLAND UTILITIES; (III) CENTRAL HUDSON GAS AND ELECTRIC;
(IV) NIAGARA MOHAWK D/B/A NATIONAL GRID; (V) NEW YORK STATE GAS AND
ELECTRIC; AND (VI) ROCHESTER GAS AND ELECTRIC.
2. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN EACH INVESTOR
OWNED UTILITY MUST FILE WITH THE COMMISSION AN ELECTRIC VEHICLE CHARGING
TARIFF THAT ALLOWS A CUSTOMER TO PURCHASE ELECTRICITY SOLELY FOR THE
PURPOSE OF RECHARGING AN ELECTRIC VEHICLE. THE TARIFF SHALL:
(A) INCLUDE EITHER TIME-OF-DAY OR OFF-PEAK RATE, AS ELECTED BY THE
INVESTOR OWNED UTILITY;
(B) OFFER THE CUSTOMER THE OPTION TO PURCHASE ELECTRICITY:
(I) FROM THE UTILITY'S CURRENT MIX OF ENERGY SUPPLY SOURCES; OR
(II) ENTIRELY FROM (1) SOLAR PHOTOVOLTAIC ELECTRIC GENERATION; (2)
WIND ELECTRIC GENERATION; AND (3) HYDROELECTRIC GENERATION; AND
(C) BE MADE AVAILABLE TO THE RESIDENTIAL CUSTOMER CLASS.
3. THE COMMISSION SHALL, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC
COMMENT, APPROVE, MODIFY, OR REJECT THE TARIFF. THE COMMISSION MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14449-02-6
S. 7455 2
APPROVE THE TARIFF IF THE INVESTOR OWNED UTILITY HAS DEMONSTRATED THAT
THE TARIFF:
(A) APPROPRIATELY REFLECTS OFF-PEAK VERSUS PEAK COST DIFFERENCES IN
THE RATE CHARGED;
(B) INCLUDES A MECHANISM TO ALLOW THE RECOVERY OF COSTS REASONABLY
NECESSARY TO COMPLY WITH THIS SECTION, INCLUDING COSTS TO INFORM AND
EDUCATE CUSTOMERS ABOUT THE FINANCIAL, ENERGY CONSERVATION AND ENVIRON-
MENTAL BENEFITS OF ELECTRIC VEHICLES AND TO PUBLICLY ADVERTISE AND
PROMOTE PARTICIPATION IN THE CUSTOMER OPTIONAL TARIFF;
(C) PROVIDES FOR CLEAR AND TRANSPARENT CUSTOMER BILLING STATEMENTS
INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF ENERGY CONSUMED UNDER THE
TARIFF; AND
(D) INCORPORATES THE COST OF METERING OR SUB-METERING WITHIN THE RATE
CHARGED TO THE CUSTOMER.
4. WITHIN SIXTY DAYS OF COMMISSION APPROVAL OF AN INVESTOR OWNED UTIL-
ITY'S TARIFF FILED UNDER THIS SECTION, SUCH UTILITY SHALL MAKE THE
TARIFF AVAILABLE TO CUSTOMERS.
5. THE UTILITY MAY AT ANY TIME PROPOSE REVISIONS TO A TARIFF FILED
UNDER THIS SECTION BASED ON CHANGING COSTS OR CONDITIONS.
6. EACH INVESTOR OWNED UTILITY PROVIDING A TARIFF UNDER THIS SECTION
SHALL PERIODICALLY REPORT TO THE COMMISSION, AS ESTABLISHED BY THE
COMMISSION AND ON A FORM PRESCRIBED BY THE COMMISSION, THE FOLLOWING
INFORMATION, ORGANIZED ON A PER-QUARTER BASIS:
(A) THE NUMBER OF CUSTOMERS WHO HAVE ARRANGED TO PURCHASE ELECTRICITY
UNDER THE TARIFF;
(B) THE TOTAL AMOUNT OF ELECTRICITY SOLD UNDER THE TARIFF;
(C) THE TOTAL AMOUNT OF ELECTRICITY PROVIDED UNDER SUBPARAGRAPH (II)
OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION; AND
(D) OTHER DATA REQUIRED BY THE COMMISSION.
S 2. This act shall take effect immediately.