S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    969
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
   the unauthorized use of parking spaces reserved for electric vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1203-i to read as follows:
   §  1203-I. ELECTRIC VEHICLES. 1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRIC VEHICLES" MEANS ANY VEHICLE OPERATED SOLELY BY ELECTRIC-
 ITY OR BY A PLUG-IN HYBRID VEHICLE  THAT  OPERATES  ON  ELECTRICITY  AND
 GASOLINE  AND  HAS  A  BATTERY  THAT  CAN  BE RECHARGED FROM AN EXTERNAL
 SOURCE.
   (B) "ELECTRIC VEHICLE CHARGING STATION" MEANS ANY SPACE USED TO CHARGE
 A BATTERY OR OTHER ENERGY STORAGE DEVICE OF AN ELECTRIC VEHICLE.
   2. IT SHALL BE A VIOLATION TO STOP, STAND  OR  PARK  ANY  NON-ELECTRIC
 VEHICLE  IN  AN  ELECTRIC-VEHICLE CHARGING STATION DESIGNATED FOR USE BY
 ELECTRIC VEHICLES, INCLUDING AN ELECTRIC-VEHICLE CHARGING STATION ON ANY
 PRIVATE OR PUBLIC OFF-STREET PARKING FACILITY.  ONLY  ELECTRIC  VEHICLES
 THAT REQUIRE IMMEDIATE CHARGING MAY PARK IN AN ELECTRIC VEHICLE CHARGING
 STATION DESIGNATED FOR USE BY ELECTRIC VEHICLES.
   3.  ANY  PERSON  OR  LOCAL AUTHORITY OWNING OR OPERATING ANY PUBLIC OR
 PRIVATE OFF-STREET PARKING  FACILITY  MAY,  AFTER  NOTIFYING  THE  LOCAL
 POLICE,  REMOVE  OR  CAUSE TO BE REMOVED ANY NON-ELECTRIC VEHICLE PARKED
 WITHIN AN ELECTRIC VEHICLE CHARGING STATION SPACE DESIGNATED FOR USE  BY
 ELECTRIC  VEHICLES,  IF:  (A) THE SPACE ASSIGNED TO THE UNIT IS USED FOR
 THE PARKING OR STORAGE OF ELECTRIC-VEHICLES; OR (B) IN A COMMON  ELEMENT
 WITH  THE  WRITTEN  APPROVAL OF THE UNIT OWNER OF EACH UNIT TO WHICH THE
 USE OF THE LIMITED COMMON ELEMENT IS RESERVED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06779-01-7
              

 S. 969                              2
 
   4. AN ASSOCIATION OF UNIT OWNERS MAY NOT PROHIBIT INSTALLATION OR  USE
 OF AN ELECTRIC-VEHICLE CHARGING STATION INSTALLED AND USED IN COMPLIANCE
 WITH  THE  RULES OF THIS SECTION. NOTWITHSTANDING CONTRARY OF A DECLARA-
 TION OR BYLAWS OF ANY PRIVATE OR PUBLIC OFF-STREET PARKING  FACILITY:  A
 UNIT  OWNER  MAY  SUBMIT  AN  APPLICATION TO INSTALL AN ELECTRIC-VEHICLE
 CHARGING STATION FOR THE PERSONAL  OR  NONCOMMERCIAL  USE  OF  THE  UNIT
 OWNER, IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   5.  IT  SHALL NOT BE A DEFENSE TO A CHARGE UNDER THIS SECTION THAT THE
 SIGN OR NOTICE POSTED AT THE ELECTRIC-VEHICLE CHARGING  STATION  OR  THE
 DESIGNATED  PARKING  SPACE  DOES NOT COMPLY WITH APPLICABLE RULES, REGU-
 LATIONS, OR LOCAL ORDINANCES, IF A REASONABLE PERSON WOULD BE MADE AWARE
 BY THE SIGN OR NOTICE ON OR NEAR THE PARKING SPACE  THAT  THE  SPACE  IS
 RESERVED FOR ELECTRIC VEHICLES.
   6.  ANY PERSON FOUND GUILTY OF VIOLATING THE PROVISIONS OF SUBDIVISION
 TWO OF THIS SECTION SHALL BE FINED FIFTY  DOLLARS  IN  ADDITION  TO  ANY
 COSTS  OR CHARGES CONNECTED WITH THE REMOVAL OR STORAGE OF THE NON-ELEC-
 TRIC VEHICLE; BUT MUNICIPALITIES BY ORDINANCE MAY IMPOSE A  FINE  UP  TO
 SEVENTY-FIVE DOLLARS.
   § 2. This act shall take effect immediately.