S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8797
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Energy
 
 AN  ACT  to  amend the public service law, in relation to establishing a
   commercial tariff on certain electric vehicles; and to amend a chapter
   of the laws of 2021, amending  the  public  service  law  relating  to
   establishing  a  commercial  tariff  on  certain electric vehicles, as
   proposed in legislative bills numbers S. 3929 and A. 3876, in relation
   to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 66-q of the public service law, as added by a chap-
 ter  of  the  laws  of 2021, amending the public service law relating to
 establishing a  commercial  tariff  on  certain  electric  vehicles,  as
 proposed in legislative bills numbers S. 3929 and A. 3876, is amended to
 read as follows to read as follows:
   §  [66-q] 66-S. Electric vehicle charging; commercial tariff. 1. Defi-
 nitions.  For purposes of this section,  the  term  "electric  vehicles"
 shall mean and include a motor vehicle that:
   (a)  was  manufactured  for use primarily on public streets, roads and
 highways;
   (b) the powertrain of which has not been modified  from  the  original
 manufacturer's specifications;
   (c)  has  a  maximum speed capability of at least fifty-five miles per
 hour; and
   (d) is propelled at least in part by an electric motor and  associated
 power  electronics which provide acceleration torque to the drive wheels
 sometime during normal vehicle operations, 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 elec-
 tricity.
   2. [Each combination gas and electric corporation shall file an appli-
 cation with the commission to establish] THE COMMISSION SHALL COMMENCE A
 PROCEEDING TO ESTABLISH a commercial tariff  utilizing  alternatives  to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06852-02-2
 A. 8797                             2
 
 traditional  demand-based  rate  structures, OTHER OPERATING COST RELIEF
 MECHANISMS, OR A  COMBINATION  THEREOF  (COLLECTIVELY,  "SOLUTIONS")  to
 facilitate  faster  charging  for  eligible  light duty, heavy duty, and
 fleet electric vehicles. [Each tariff shall evaluate the relative costs,
 benefits, and ancillary related costs and benefits associated with vari-
 ous  faster charging rate designs and do so for multiple scenarios where
 each predicts a  different  rate  of  electric  vehicle  adoption.]  THE
 COMMISSION  SHALL  EVALUATE  THE RELATIVE COSTS AND BENEFITS OF PROPOSED
 SOLUTIONS, AND SUCH SOLUTIONS MUST INCLUDE, AT A MINIMUM: (A)  TECHNOLO-
 GY-AGNOSTIC  SOLUTIONS  SO  LONG  AS  SUCH  SOLUTIONS WOULD NOT HAVE THE
 EFFECT OF DISCOURAGING INNOVATION; (B) MECHANISMS  TO  ENABLE  CUSTOMERS
 WITH FAST ELECTRIC VEHICLE CHARGING FOR ELIGIBLE LIGHT DUTY, HEAVY DUTY,
 AND  FLEET ELECTRIC AS THEIR LARGEST SOURCE OF ENERGY DEMAND TO OPT INTO
 SOLUTIONS WITHOUT UNREASONABLE DELAY; (C) SOLUTIONS  FOR  BOTH  EXISTING
 AND  NEW  CUSTOMERS;  (D)  MECHANISMS THAT WOULD PROVIDE COST RELIEF FOR
 CUSTOMERS DURING EACH COMBINATION GAS AND ELECTRIC  CORPORATION  MONTHLY
 BILLING PERIOD; AND (E) COMBINATION GAS AND ELECTRIC CORPORATION SERVICE
 TERRITORY-SPECIFIC SOLUTIONS.
   3.  [The  commission  shall,  after  notice and opportunity for public
 comment, approve, modify, or reject the tariff.
   4. Within sixty days of commission approval of a combination  gas  and
 electric corporation's tariff filed under this section, such combination
 gas  and electric corporation shall make the tariff available to custom-
 ers.
   5. The combination gas  and  electric  corporation  may  at  any  time
 propose revisions to a tariff filed under this section based on changing
 costs or conditions.
   6.]  THE  COMMISSION SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, AFTER NOTICE AND PUBLIC COMMENT,  INCLUDING  INPUT
 FROM  DIVERSE STAKEHOLDERS, REGARDING A PROPOSAL MADE BY THE DEPARTMENT,
 ISSUE AN ORDER APPROVING OR MODIFYING SUCH PROPOSAL.
   4. THE COMMISSION SHALL, NO SOONER THAN EIGHTEEN MONTHS OF THE DATE OF
 SUCH ORDER,  AND  PERIODICALLY  THEREAFTER,  REVIEW  TARIFFS  AND  OTHER
 SOLUTIONS  IMPLEMENTED  IN ACCORDANCE WITH THIS SECTION, FOR THE PURPOSE
 OF DETERMINING WHETHER ADDITIONAL OR OTHER RELIEF SHOULD BE AFFORDED  TO
 CUSTOMERS, OR OTHER CHANGES TO ANY TARIFFS OR OTHER SOLUTIONS ARE NECES-
 SARY.
   5.  Each  combination  gas and electric corporation [providing] SHALL,
 WITHIN SIXTY DAYS OF THE ORDER ISSUED PURSUANT TO SUBDIVISION  THREE  OF
 THIS  SECTION,  FILE  AN  APPLICATION  WITH  THE COMMISSION TO PROVIDE a
 tariff OR IMPLEMENT OTHER SOLUTIONS PURSUANT TO  THE  ORDER  under  this
 section AND shall periodically report to the commission, [as established
 by  the  commission  and]  on  a  form prescribed by the commission, the
 following information:
   (a) the number of customers who  have  arranged  to  have  electricity
 delivered under the tariff OR OTHER SOLUTIONS; [and]
   (b)  the  total  amount  of  electricity delivered under the tariff OR
 OTHER SOLUTIONS; AND
   (C) SUCH OTHER INFORMATION AS THE COMMISSION SHALL REQUIRE.
   6. WITHIN SIXTY DAYS OF COMMISSION APPROVAL OF A COMBINATION  GAS  AND
 ELECTRIC CORPORATION'S APPLICATION FILED UNDER THIS SECTION, SUCH COMBI-
 NATION GAS   AND ELECTRIC CORPORATION SHALL MAKE  ANY  TARIFF  OR  OTHER
 OPERATING COST RELIEF MECHANISMS AVAILABLE TO CUSTOMERS.
   §  2.  Section 2 of a chapter of the laws of 2021, amending the public
 service law relating to establishing  a  commercial  tariff  on  certain
 A. 8797                             3
 
 electric  vehicles, as proposed in legislative bills numbers S. 3929 and
 A. 3876, is amended to read as follows:
   §  2.  This  act  shall  take effect [on the one hundred eightieth day
 after it shall have become a law] IMMEDIATELY.
   § 3. This act shall take effect immediately;  provided,  however  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of  the  laws  of  2021,  amending  the  public
 service  law  relating  to  establishing  a commercial tariff on certain
 electric vehicles, as proposed in legislative bills numbers S. 3929  and
 A. 3876, takes effect.