S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10688
 
                           I N  A S S E M B L Y
 
                             September 9, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cunningham)
   -- read once and referred to the Committee on Energy
 
 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.
 ENTITIES THAT RECEIVE FUNDING SHALL PROVIDE THIS INFORMATION FOR A MINI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15829-03-2
              

 A. 10688                            2

 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.