S T A T E O F N E W Y O R K
________________________________________________________________________
9204--A
I N S E N A T E
May 12, 2022
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public service law, in relation to establishing
electric vehicle charging station reliability reporting and standards
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-u to read as follows:
§ 66-U. ELECTRIC VEHICLE CHARGING STATION RELIABILITY REPORTING AND
MAINTENANCE STANDARDS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS HAVE THE FOLLOWING MEANINGS:
(A) "CHARGING STATION" MEANS AN ELECTRICAL COMPONENT ASSEMBLY OR CLUS-
TER OF COMPONENT ASSEMBLIES DESIGNED SPECIFICALLY TO CHARGE BATTERIES
WITHIN ELECTRIC VEHICLES BY PERMITTING THE TRANSFER OF ELECTRICAL ENERGY
TO A BATTERY OR OTHER STORAGE DEVICE IN AN ELECTRIC VEHICLE;
(B) "EXCLUDED TIME" MEANS THE TIME NOT INCLUDED WHEN CALCULATING
UPTIME, AS DETERMINED PURSUANT TO THE DETERMINATION MADE BY THE COMMIS-
SION PURSUANT TO SUBDIVISION THREE OF THIS SECTION; AND
(C) "UPTIME" MEANS THE TIME A CHARGING STATION'S HARDWARE AND SOFTWARE
ARE BOTH OPERATIONAL AND THE CHARGING STATION IS ABLE TO SUCCESSFULLY
DISPENSE ELECTRICITY. "UPTIME" SHALL NOT INCLUDE EXCLUDED TIME.
2. BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-THREE, AN ENTITY THAT IS
RECEIVING AN INCENTIVE FUNDED BY A STATE AGENCY OR THROUGH A CHARGE ON
RATEPAYERS TO INSTALL, OWN, OR OPERATE A CHARGING STATION, IN WHOLE OR
IN PART, SHALL REPORT CHARGING STATION UPTIME TO THE COMMISSION. THE
SERVICE PROVIDER SELECTED BY SUCH ENTITY TO PROVIDE ELECTRICITY FOR SUCH
CHARGING STATIONS SHALL PROVIDE THIS DATA ON BEHALF OF THE ENTITY AND
WORK WITH THE STATION MANUFACTURER AND THE SITE HOST THROUGH A SERVICE
LEVEL AGREEMENT TO ENSURE BOTH SOFTWARE AND HARDWARE FAILURES ARE
CAPTURED AND RESOLVED DURING THE REQUIRED REPORTING PERIOD. THE SERVICE
PROVIDER MAY ALSO SELECT A DESIGNEE QUALIFIED IN THE ELECTRONICS OPERA-
TION, MAINTENANCE, AND REPAIR OF CHARGING STATIONS TO PROVIDE THIS DATA.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15829-02-2
S. 9204--A 2
ENTITIES THAT RECEIVE FUNDING SHALL PROVIDE THIS INFORMATION FOR A MINI-
MUM OF FIVE YEARS FROM THE DATE ON WHICH THE FUNDING WAS RECEIVED,
UNLESS THE COMMISSION DETERMINES MORE TIME IS NEEDED TO COLLECT DATA.
3. THE COMMISSION SHALL DEVELOP A FORMULA TO CALCULATE UPTIME TO
PROVIDE CONSISTENT, STANDARDIZED REPORTING OF OVERALL CHARGING STATION
UPTIME. THE COMMISSION SHALL DETERMINE WHAT EVENTS THAT RENDER A
STATION INOPERABLE CONSTITUTE EXCLUDED TIME FOR PURPOSES OF DEVELOPING
THE FORMULA. THE COMMISSION SHALL DETERMINE WHO SHOULD BE ACCOUNTABLE
FOR RESOLUTION OF DAMAGES UNDER EXCLUDED EVENTS, INCLUDING VANDALISM AND
EXTREME WEATHER EVENTS. EXCLUDED EVENTS SHALL BE REPORTED TO THE COMMIS-
SION SEPARATELY.
4. BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-THREE, THE COMMISSION
SHALL ASSESS THE UPTIME OF PUBLIC- AND RATEPAYER-FUNDED CHARGING STATION
INFRASTRUCTURE, INCLUDING WHETHER THERE ARE DIFFERENCES IN CHARGING
STATION UPTIME BY POPULATION DENSITY, GEOGRAPHICAL AREA, OR POPULATION
INCOME LEVEL. THE COMMISSION SHALL UPDATE THE ASSESSMENTS PERFORMED
PURSUANT TO THIS SUBDIVISION EVERY TWO YEARS. THE COMMISSION SHALL
PROTECT CONFIDENTIAL BUSINESS INFORMATION OF THE REPORTING PERSONS AND
ENTITIES, INCLUDING BUT NOT LIMITED TO, ANONYMIZING AND AGGREGATING THE
UPTIME DATA, TO ENSURE NO INDIVIDUAL UPTIME DATA IS IDENTIFIABLE IN ITS
ASSESSMENTS AND REPORTS.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMIS-
SION SHALL DEVELOP MINIMUM INDUSTRY OPERATIONAL STANDARDS FOR THE LONG
TERM MAINTENANCE, PRESERVATION, RELIABILITY, AND UPTIME REQUIREMENTS OF
PUBLICLY FUNDED ELECTRIC VEHICLE CHARGING EQUIPMENT. AN ENTITY RECEIVING
PUBLIC FUNDING SHALL OPERATE CHARGING STATIONS IN COMPLIANCE WITH THE
STANDARDS DEVELOPED BY THE COMMISSION.
6. ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSION
SHALL DEVELOP TOOLS OR INCENTIVES TO IMPROVE CHARGING STATION RELIABIL-
ITY.
§ 2. This act shall take effect immediately.