S T A T E   O F   N E W   Y O R K
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                                   10229
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
   read once and referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend  the executive law, in relation to requiring electric
   vehicle charging stations and electric vehicle ready parking spaces in
   certain new constructions and on state properties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 201-b
 to read as follows:
   § 201-B. ELECTRIC VEHICLE CHARGING STATIONS. 1. FOR  THE  PURPOSES  OF
 THIS  SECTION,  THE TERM "PARKING FACILITY" SHALL MEAN A PARKING GARAGE,
 PARKING STRUCTURE, OR OPEN PARKING LOT THAT  IS  PAVED  AND  STRIPED  TO
 DESIGNATE  INDIVIDUAL  PARKING  SPACES  FOR VEHICLES AND WHICH HAS FIFTY
 PARKING SPACES OR MORE.
   2. ANY PARKING FACILITY OWNED AND OPERATED BY THE STATE OF  NEW  YORK,
 THAT  OFFERS  BETWEEN  FIFTY  AND  TWO  HUNDRED  PARKING  SPACES FOR THE
 PURPOSES OF PUBLIC USE, STATE EMPLOYEE USE AND PAY-PER-USAGE, IS  HEREBY
 REQUIRED  TO  INSTALL ELECTRIC CHARGING STATIONS IN AT LEAST TEN PERCENT
 OF THE TOTAL NUMBER OF PARKING SPACES OFFERED BY SUCH FACILITY.
   3. ANY PARKING FACILITY OWNED AND OPERATED BY THE STATE OF  NEW  YORK,
 THAT  OFFERS  MORE  THAN  TWO HUNDRED PARKING SPACES FOR THE PURPOSES OF
 PUBLIC USE, STATE EMPLOYEE USE AND PAY-PER-USAGE, IS HEREBY REQUIRED  TO
 INSTALL  ELECTRIC  CHARGING  STATIONS  IN AT LEAST TWENTY PERCENT OF THE
 TOTAL NUMBER OF PARKING SPACES OFFERED BY SUCH FACILITY.
   4. EACH ELECTRIC VEHICLE CHARGING STATION REQUIRED  PURSUANT  TO  THIS
 SECTION  SHALL SUPPORT ELECTRIC VEHICLE CHARGING WITH A MINIMUM OF FORTY
 AMPERES AND TWO HUNDRED EIGHT VOLTS OF ELECTRICAL CAPACITY.  SUCH  ELEC-
 TRIC  VEHICLE CHARGING STATIONS AND ALL OTHER COMPONENTS AND WORK APPUR-
 TENANT THERETO SHALL BE IN ACCORDANCE WITH ALL APPLICABLE STATE, COUNTY,
 CITY, TOWN, OR VILLAGE ELECTRICAL CODES.
   5. THE OFFICE OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR THE INSTAL-
 LATION OF ANY ELECTRIC VEHICLE SUPPLY EQUIPMENT AND  CHARGING  STATIONS.
 IF  SUCH  INSTALLATION  SHALL  REQUIRE THE STATE TO MAKE UPGRADES TO ANY
 ELECTRICAL SUPPLY EQUIPMENT TO SAFELY AND SUFFICIENTLY POWER AND OPERATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15024-01-4
 A. 10229                            2

 SUCH CHARGING STATIONS, THE OFFICE OF GENERAL  SERVICES  SHALL  INCREASE
 THE  ELECTRICAL CAPACITY OF THE EXISTING SYSTEM BY INSTALLING NEW COMPO-
 NENTS AS NECESSARY. IF THE OFFICE OF GENERAL SERVICES IS UNABLE TO  MAKE
 SUCH  TECHNICAL  UPGRADES  TO A FACILITY, THE OFFICE MAY CONTRACT WITH A
 LICENSED ELECTRICIAN OR SIMILAR SERVICE PROVIDER TO  UPGRADE  THE  ELEC-
 TRICAL CAPACITY OF SAID FACILITY. SUCH CONTRACTED WORK SHALL COMPLY WITH
 THE  PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, INCLUDING THE PAYMENT
 OF A WAGE OF NOT LESS THAN THE PREVAILING WAGE  IN  THE  LOCALITY  WHERE
 SUCH PARKING FACILITY IS LOCATED.
   6. THE OFFICE OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR THE MAINTE-
 NANCE,  GENERAL  UPKEEP AND REPAIR OF ANY ELECTRIC VEHICLE SUPPLY EQUIP-
 MENT AND CHARGING STATIONS. IF THE OFFICE OF GENERAL SERVICES IS  UNABLE
 TO  COMPLETE SUCH MAINTENANCE OR REPAIRS, THE OFFICE MAY CONTRACT WITH A
 LICENSED ELECTRICIAN OR SIMILAR REPAIR SERVICE TO COMPLETE THE NECESSARY
 WORK ON SAID EQUIPMENT.
   § 2. Section 378 of the executive law  is  amended  by  adding  a  new
 subdivision 17-a to read as follows:
   17-A. A. STANDARDS TO REQUIRE NEW CONSTRUCTION THAT INCLUDES DEDICATED
 OFF-STREET  PARKING  INVOLVING  A GARAGE, DRIVEWAY, PARKING LOT OR OTHER
 OFF-STREET PARKING, TO HAVE:
   (I) ELECTRIC VEHICLE CHARGING STATIONS AS DEFINED IN PARAGRAPH (B)  OF
 SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED THIRTY-NINE-LL OF THE REAL
 PROPERTY LAW; AND
   (II) ELECTRIC VEHICLE READY PARKING SPACES.
   B. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "ELECTRIC VEHICLE READY PARKING SPACE" SHALL MEAN A PARKING  SPACE
 WITH  A  DEDICATED BRANCH CIRCUIT THAT IS NOT LESS THAN 208/240-VOLT AND
 EQUIPPED WITH CIRCUIT BREAKERS AND  OTHER  NECESSARY  ELECTRICAL  COMPO-
 NENTS,  TERMINATING  IN  A RECEPTACLE, OR OUTLET, AS NECESSARY TO ENABLE
 ELECTRIC VEHICLE CHARGING;
   (II) "LEVEL 2 ELECTRIC VEHICLE CHARGING STATION" SHALL MEAN  AN  ELEC-
 TRIC VEHICLE CHARGING STATION THAT PROVIDES AN ALTERNATING CURRENT POWER
 SOURCE AT A MINIMUM OF 208/240 VOLTS;
   (III)  "NEW  CONSTRUCTION"  SHALL MEAN THE ERECTION OF AN ENTIRELY NEW
 STRUCTURE NOT ATTACHED OR AFFILIATED WITH ANY EXISTING  CONSTRUCTION  ON
 THE  PROPERTY.  "NEW  CONSTRUCTION"  SHALL NOT INCLUDE A NEW ADDITION OR
 CAPITAL IMPROVEMENT TO EXISTING CONSTRUCTION NOR SHALL IT CONSTITUTE  AN
 ADDITION TO THE PROPERTY;
   (IV)  "MIXED-USE BUILDING" SHALL MEAN A BUILDING OR STRUCTURE USED FOR
 BOTH RESIDENTIAL AND COMMERCIAL  PURPOSES;  PROVIDED  THAT  A  MIXED-USE
 BUILDING  SHALL BE CONSIDERED RESIDENTIAL IF FIFTY PER CENTUM OR LESS OF
 THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
 COMMERCIAL SPACE, COMMUNITY FACILITY,  OR  ACCESSORY  USE  SPACE  AND  A
 MIXED-USE BUILDING SHALL BE CONSIDERED COMMERCIAL IF MORE THAN FIFTY PER
 CENTUM  OF THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT
 FOR USE AS COMMERCIAL SPACE, COMMUNITY FACILITY, OR ACCESSORY USE SPACE;
   (V) "DIRECT CURRENT FAST CHARGING  STATION"  SHALL  MEAN  AN  ELECTRIC
 VEHICLE  CHARGING  STATION THAT IS CAPABLE OF PROVIDING A DIRECT CURRENT
 POWER SOURCE AT A MINIMUM OF 150 KILOWATTS;
   (VI) "ELECTRIC VEHICLE ENERGY MANAGEMENT SYSTEM" SHALL MEAN  A  SYSTEM
 TO  CONTROL ELECTRIC VEHICLE CHARGING STATION LOADS COMPRISED OF A MONI-
 TOR OR MONITORS, COMMUNICATIONS EQUIPMENT, A CONTROLLER OR  CONTROLLERS,
 A TIMER OR TIMERS AND OTHER APPLICABLE DEVICES; AND
   (VII)  "AUTOMOBILE  PARKING  LIFT"  SHALL  MEAN  A  MECHANICAL  DEVICE
 DESIGNED TO VERTICALLY LIFT AUTOMOBILES  AND  STORE  THEM  ON  A  MOBILE
 ELEVATED PLATFORM FOR THE PURPOSE OF PARKING.
 A. 10229                            3
 
   C.  STANDARDS  PROMULGATED  PURSUANT TO THIS SUBDIVISION SHALL REQUIRE
 THAT THE NUMBER OF ELECTRIC  VEHICLE  CHARGING  STATIONS,  AND  ELECTRIC
 VEHICLE READY PARKING SPACES PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL BE AS FOLLOWS:
   (I)  A  ONE, TWO OR THREE-FAMILY HOME EQUIPPED WITH A GARAGE, DRIVEWAY
 OR PARKING LOT, OR OTHER OFF-STREET PARKING, SHALL  HAVE  AT  LEAST  ONE
 ELECTRIC VEHICLE READY PARKING SPACE AT NOT LESS THAN 20-AMPERE FOR EACH
 DWELLING UNIT UP TO THE TOTAL NUMBER OF PARKING SPACES;
   (II)  A  MULTI-UNIT RESIDENTIAL BUILDING WITH OFF-STREET PARKING SHALL
 HAVE ONE HUNDRED PERCENT OF AVAILABLE PARKING SPACES BE AT  LEAST  ELEC-
 TRIC  VEHICLE  READY  PARKING  SPACES  AT NOT LESS THAN 20-AMPERE, WHICH
 SHALL INCLUDE AT  LEAST  TWENTY  PERCENT  OF  AVAILABLE  PARKING  SPACES
 EQUIPPED  WITH  LEVEL  2  ELECTRIC VEHICLE CHARGING STATIONS AT NOT LESS
 THAN 20-AMPERE.   IF THERE IS  A  DECIMAL  IN  THE  CALCULATION  OF  THE
 PERCENTAGE  OF PARKING SPACES, SUCH DECIMAL SHALL BE ROUNDED TO THE NEXT
 LARGEST WHOLE NUMBER GREATER THAN ZERO. FOR TWO ADJACENT ELECTRIC  VEHI-
 CLE  READY  PARKING SPACES OR LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS
 REQUIRED BY THIS SUBPARAGRAPH, A SINGLE BRANCH CIRCUIT OF NOT LESS  THAN
 40-AMPERE  SHALL  BE  PERMITTED. FOR BUILDINGS WITH INDIVIDUALLY METERED
 RESIDENTIAL UNITS AND PARKING SPACES SPECIFICALLY DESIGNATED FOR THE USE
 OF INDIVIDUAL UNITS, ELECTRIC VEHICLE READY PARKING SPACES AND  LEVEL  2
 ELECTRIC  VEHICLE  CHARGING  STATIONS  INSTALLED  IN SUCH PARKING SPACES
 SHALL BE WIRED TO THE INDIVIDUAL UNIT'S ELECTRICAL METER, UNLESS  DEEMED
 INFEASIBLE BY THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY HAVING
 JURISDICTION;
   (III)  A  COMMERCIAL  BUILDING WITH BETWEEN ONE AND TEN PARKING SPACES
 SHALL HAVE AT LEAST ONE AVAILABLE PARKING SPACE BE AN  ELECTRIC  VEHICLE
 READY  PARKING SPACE AT NOT LESS THAN 40-AMPERE OR EQUIPPED WITH A LEVEL
 2 ELECTRIC VEHICLE CHARGING STATION AT NOT LESS THAN 40-AMPERE OR DIRECT
 CURRENT FAST CHARGING STATION;
   (IV) A COMMERCIAL BUILDING WITH ELEVEN OR MORE  PARKING  SPACES  SHALL
 HAVE  AT  LEAST  TWENTY  PERCENT OF AVAILABLE PARKING SPACES BE AT LEAST
 ELECTRIC VEHICLE READY PARKING SPACES AT NOT LESS THAN 40-AMPERE,  WHICH
 SHALL  INCLUDE AT LEAST TEN PERCENT OF AVAILABLE PARKING SPACES EQUIPPED
 WITH LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS AT NOT LESS THAN  40-AM-
 PERE  OR DIRECT CURRENT FAST CHARGING STATIONS. IF THERE IS A DECIMAL IN
 THE CALCULATION OF THE PERCENTAGE OF PARKING SPACES, SUCH DECIMAL  SHALL
 BE  ROUNDED  TO  THE  NEAREST  WHOLE NUMBER GREATER THAN ZERO. FOR EVERY
 ADDITIONAL ELECTRIC VEHICLE READY PARKING  SPACE  OR  LEVEL  2  ELECTRIC
 VEHICLE  CHARGING  STATION  BEYOND  THE NUMBER REQUIRED BY THIS SUBPARA-
 GRAPH, TWO ELECTRIC VEHICLE READY PARKING SPACES  OR  LEVEL  2  ELECTRIC
 VEHICLE CHARGING STATIONS REQUIRED BY THIS SUBPARAGRAPH MAY BE SERVED BY
 A SINGLE BRANCH CIRCUIT OF NOT LESS THAN 40-AMPERE;
   (V)  FOR A COMMERCIAL BUILDING SUBJECT TO THE REQUIREMENTS OF SUBPARA-
 GRAPH (IV) OF THIS PARAGRAPH, THE INSTALLATION  OF  ONE  DIRECT  CURRENT
 FAST  CHARGING  STATION  SHALL  BE  CONSIDERED EQUIVALENT TO TEN LEVEL 2
 ELECTRIC VEHICLE CHARGING STATIONS OR  ELECTRIC  VEHICLE  READY  PARKING
 SPACES; AND
   (VI)  FOR  A  BUILDING  SUBJECT TO SUBPARAGRAPHS (II) AND (IV) OF THIS
 PARAGRAPH THAT INCLUDES AN AUTOMOBILE PARKING LIFT, THE NUMBER OF  PARK-
 ING  SPACES  USED  TO  DETERMINE THE NUMBER OF REQUIRED ELECTRIC VEHICLE
 READY PARKING SPACES AND LEVEL  2  ELECTRIC  VEHICLE  CHARGING  STATIONS
 SHALL  EQUAL  THE  TOTAL  NUMBER  OF  PARKING SPACES MINUS THE NUMBER OF
 ELEVATED PARKING SPACES CONTAINED IN THE AUTOMOBILE PARKING LIFT.
   D. REQUIREMENTS FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
 AND ELECTRIC VEHICLE READY PARKING SPACES UNDER THIS SUBDIVISION MAY  BE
 A. 10229                            4
 
 MET  BY  INSTALLING MULTIPLE ELECTRIC VEHICLE CHARGING STATIONS OR ELEC-
 TRIC VEHICLE READY PARKING SPACES ON A SINGLE BRANCH CIRCUIT, WHEN  USED
 IN  CONJUNCTION  WITH  AN  ELECTRIC  VEHICLE ENERGY MANAGEMENT SYSTEM TO
 CONTROL CHARGING STATION LOADS.
   E.  THE OWNER OF A BUILDING SUBJECT TO PARAGRAPH C OF THIS SUBDIVISION
 MAY APPLY TO THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY  FOR  A
 WAIVER OF THE REQUIREMENTS OF THIS SUBDIVISION, WHICH SUCH LOCAL DEPART-
 MENT  OF  BUILDINGS OR SIMILAR ENTITY MAY GRANT IF SUCH OWNER CAN DEMON-
 STRATE THAT THE PROVISIONS PRESENT AN UNDUE HARDSHIP DUE TO  LIMITATIONS
 OF  THE  LOCAL  UTILITY PROVIDER, OR THAT THE GEOGRAPHIC LOCATION OF THE
 SITE IS SUCH THAT COMPLIANCE WOULD RESULT IN A SIGNIFICANT BURDEN ON THE
 OWNER.
   F. THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY TO ONE HUNDRED
 PERCENT AFFORDABLE HOUSING. FOR THE PURPOSES OF  THIS  SUBDIVISION,  THE
 TERM  "ONE  HUNDRED  PERCENT AFFORDABLE HOUSING" SHALL MEAN A MULTI-UNIT
 RESIDENTIAL BUILDING IN WHICH ONE HUNDRED PERCENT OF DWELLING UNITS  ARE
 REQUIRED,  PURSUANT TO A FEDERAL, STATE, OR LOCAL LAW, RULE, OR PROGRAM,
 TO BE AFFORDABLE FOR TENANTS OR OWNERS WHERE  THE  OCCUPANT'S  HOUSEHOLD
 INCOME  RELATIVE  TO  THE  AREA  MEDIAN  INCOME  DOES NOT EXCEED A FIXED
 PERCENTAGE OR PERCENTAGES, AND THAT IS SUBJECT TO AN  ACTUAL  OR  ANTIC-
 IPATED AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY FOR
 THE  PURPOSES  OF  PROVIDING  AFFORDABLE  HOUSING IN A GIVEN LOCALITY OR
 REGION.
   G. STANDARDS PROMULGATED PURSUANT TO THIS  SUBDIVISION  SHALL  INCLUDE
 REQUIREMENTS  FOR  CLEAR AND PROMINENT SIGNAGE DENOTING THE AVAILABILITY
 AND LOCATION OF ELECTRIC VEHICLE READY PARKING SPACES AND ELECTRIC VEHI-
 CLE CHARGING STATIONS.
   H. NOTHING IN THIS  SUBDIVISION  SHALL  BE  INTERPRETED  OR  OTHERWISE
 CONSTRUED  AS  PREEMPTING A MUNICIPALITY FROM ADOPTING STANDARDS, CODES,
 RULES, OR REGULATIONS THAT ARE MORE STRICT THAN THOSE CONTAINED IN  THIS
 SUBDIVISION.
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.