Senate Bill S8365A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8365
 
                             I N  S E N A T E
 
                             February 16, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, the public  authorities  law  and
   the  public service law, in relation to requiring every parking garage
   with an electric vehicle charging station installed with  state  funds
   to be open to the public

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of the state finance law is amended by  adding  a
 new subdivision 14 to read as follows:
   14.  (A)  NOTWITHSTANDING  ANY CONTRARY PROVISION OF LAW, BEGINNING ON
 THE EFFECTIVE DATE OF THIS SUBDIVISION AND THEREAFTER, NO STATE  AGENCY,
 STATE  OFFICIAL OR STATE EMPLOYEE ACTING IN HIS OR HER OFFICIAL CAPACITY
 SHALL PAY OUT OR OTHERWISE DISBURSE MONEY FROM ANY FUND OR ACCOUNT UNDER
 THE MANAGEMENT OF THE STATE FOR ANY PROJECT INVOLVING THE  CONSTRUCTION,
 ACQUISITION,  INSTALLATION,  RECONSTRUCTION,  IMPROVEMENT,  MAINTENANCE,
 EQUIPPING, FURNISHING OR LEASING OF AN ELECTRIC VEHICLE CHARGING STATION
 IN A COMMERCIAL GARAGE, UNLESS SUCH GARAGE WAIVES  ANY  AND  ALL  ACCESS
 FEES FOR A MOTOR VEHICLE OWNER OR OPERATOR SOLELY CHARGING THEIR VEHICLE
 AT A CHARGING STATION LOCATED IN SUCH GARAGE.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "COMMERCIAL GARAGE" MEANS
 ANY PRIVATELY OWNED  BUILDING  OR  FACILITY  WHERE  MOTOR  VEHICLES  ARE
 PARKED, STORED, SERVICED OR REPAIRED, AND WHOSE SPACE AND FACILITIES ARE
 AVAILABLE  TO  THE  PUBLIC FOR AN ACCESS FEE WITHOUT REGARD TO THE RESI-
 DENCE, BUSINESS OR EMPLOYMENT OF THE MOTOR  VEHICLE  OWNER  OR  OPERATOR
 SEEKING SUCH SPACE OR FACILITIES.
   (C) SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, THE COMPTROLLER AND
 THE  DIVISION OF THE BUDGET, IN CONSULTATION WITH THE POWER AUTHORITY OF
 THE STATE OF NEW YORK, THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY AND THE PUBLIC SERVICE COMMISSION, SHALL BE AUTHORIZED TO
 ESTABLISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINISTRATION OF THIS
 SUBDIVISION.
   (D)  NOTHING CONTAINED IN THIS SUBDIVISION SHALL OPERATE TO IMPAIR ANY
 EXISTING CONTRACT, AWARD, OR OTHER AGREEMENT, EXCEPT THAT  ANY  RENEWAL,
 AMENDMENT  OR  MODIFICATION  OF  ANY  SUCH CONTRACT, AWARD, OR AGREEMENT
 OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS  SUBDIVISION  SHALL  BE
 SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SUBDIVISION.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14337-03-2
 S. 8365                             2
 
   (E)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SUBDIVISION, THE
 OWNER OR OPERATOR OF AN ELECTRIC VEHICLE  CHARGING  STATION  MAY  CHARGE
 COMMERCIALLY  REASONABLE RENTAL OR FEES FOR THE USE OR OPERATION OF SUCH
 CHARGING STATION AS THE OWNER OR OPERATOR MAY DEEM NECESSARY IN  ACCORD-
 ANCE  WITH  ANY  RULES  OR REGULATIONS ESTABLISHED PURSUANT TO PARAGRAPH
 (C) OF THIS SUBDIVISION.
   (F)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SUBDIVISION, THE
 OWNER OR OPERATOR OF A  COMMERCIAL  GARAGE  MAY  CHARGE  A  COMMERCIALLY
 REASONABLE  DWELL  FEE FOR ANY PERIOD OF TIME AN ELECTRIC VEHICLE IS NOT
 ACTIVELY CHARGING AT AN ELECTRIC VEHICLE  CHARGING  STATION  LOCATED  IN
 SUCH  GARAGE  IN  ACCORDANCE  WITH  ANY RULES OR REGULATIONS ESTABLISHED
 PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   § 2. Subdivision 9-a of section 1005 of the public authorities law, as
 added by section 1 of part KK of chapter 58 of  the  laws  of  2019,  is
 amended to read as follows:
   9-a.  As  deemed  feasible  and  advisable by the trustees, to design,
 finance, develop, construct, install, lease, operate and maintain  elec-
 tric  vehicle  charging  stations  throughout  the  state for use by the
 public, PROVIDED THAT NO  SUCH  CHARGING  STATION  SHALL  BE  AUTHORIZED
 PURSUANT  TO  THIS  SUBDIVISION  IN  ANY  COMMERCIAL GARAGE, UNLESS SUCH
 GARAGE WAIVES ANY AND ALL ACCESS FEES FOR A MOTOR VEHICLE OWNER OR OPER-
 ATOR SOLELY CHARGING THEIR VEHICLE AT A CHARGING STATION LOCATED IN SUCH
 GARAGE IN ACCORDANCE WITH THE  PROVISIONS  OF  SUBDIVISION  FOURTEEN  OF
 SECTION FOUR OF THE STATE FINANCE LAW. The authority shall annually post
 on  their  website  a  report on those activities undertaken pursuant to
 this subdivision, including but not limited  to:  the  total  number  of
 electric vehicle charging stations in operation pursuant to such author-
 ization, the locations of such charging stations, and the total costs to
 the authority associated with such activities.
   §  3.  Subdivision  8 of section 1854 of the public authorities law is
 amended by adding a new paragraph (c) to read as follows:
   (C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NO  SPECIAL  ENERGY
 PROJECT  SHALL  BE AUTHORIZED PURSUANT TO THIS SUBDIVISION IN CONNECTION
 WITH  THE  CONSTRUCTION,  ACQUISITION,   INSTALLATION,   RECONSTRUCTION,
 IMPROVEMENT,  MAINTENANCE,  EQUIPPING, FURNISHING OR LEASING OF AN ELEC-
 TRIC VEHICLE CHARGING STATION IN A COMMERCIAL GARAGE, UNLESS SUCH GARAGE
 WAIVES ANY AND ALL ACCESS FEES FOR A MOTOR  VEHICLE  OWNER  OR  OPERATOR
 SOLELY  CHARGING  THEIR  VEHICLE  AT  A CHARGING STATION LOCATED IN SUCH
 GARAGE IN ACCORDANCE WITH THE  PROVISIONS  OF  SUBDIVISION  FOURTEEN  OF
 SECTION FOUR OF THE STATE FINANCE LAW.
   §  4.  Section 66 of the public service law is amended by adding a new
 subdivision 30 to read as follows:
   30. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NO  PROGRAM  ESTAB-
 LISHED  OR  IMPLEMENTED  BY  THE  COMMISSION  TO INCENTIVIZE THE DESIGN,
 FINANCING, DEVELOPMENT,  CONSTRUCTION,  INSTALLATION,  LEASE,  OPERATION
 AND/OR MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS (A) THROUGH THE
 WAIVER  OR  REDUCTION  OF  ANY FEE OR SURCHARGE REQUIRED TO BE PAID BY A
 UTILITY OR (B) THAT IS FINANCED IN WHOLE OR IN PART  BY  ANY  RATEPAYERS
 SHALL  AUTHORIZE THE SITING OF AN ELECTRIC VEHICLE CHARGING STATION IN A
 COMMERCIAL PARKING GARAGE, UNLESS SUCH GARAGE WAIVES ANY AN  ALL  ACCESS
 FEES FOR A MOTOR VEHICLE OWNER OR OPERATOR SOLELY CHARGING THEIR VEHICLE
 AT  A  CHARGING STATION IN SUCH GARAGE IN ACCORDANCE WITH THE PROVISIONS
 OF SUBDIVISION FOURTEEN OF SECTION FOUR OF THE STATE FINANCE LAW.
   § 5. This act shall take effect immediately.