Assembly Bill A10383

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10383
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   read once and referred to the Committee on Energy
 
 AN ACT to amend the public service law, in relation  to  building  make-
   ready electrical infrastructure for the charging of electric vehicles
 
   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-x to read as follows:
   §  66-X.  MAKE-READY  ELECTRICAL INFRASTRUCTURE. 1. LEGISLATIVE INTENT
 AND PURPOSE. IT IS THE INTENT AND PURPOSE OF THIS SECTION  TO  IMPLEMENT
 COST  EFFECTIVE  AND UNIFIED TREATMENT BY ELECTRIC CORPORATIONS OF ELEC-
 TRICAL DISTRIBUTION INFRASTRUCTURE,  AND  CERTAIN  CUSTOMER-OWNED  MAKE-
 READY  INFRASTRUCTURE,  NEEDED  TO CHARGE ELECTRIC VEHICLES; AND PROVIDE
 FOR CERTAIN COSTS OF SUCH INFRASTRUCTURE  TO  BE  INCLUDED  IN  ELECTRIC
 CORPORATIONS'  RATE  BASES  AND  GENERALLY  RECOVERED  THROUGH  RATES OR
 SURCHARGES, INSTEAD OF  DIRECTLY  FROM  THE  CUSTOMERS  SERVED  BY  SUCH
 INFRASTRUCTURE.  NOTHING  IN THIS SECTION SHALL MODIFY ANY OBLIGATION OF
 AN ELECTRIC CORPORATION TO PROVIDE A FULL  AND  ACCURATE  ACCOUNTING  OF
 COSTS RELATED TO ELECTRICAL DISTRIBUTION INFRASTRUCTURE NEEDED TO CHARGE
 ELECTRIC VEHICLES.
   2.  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRICAL DISTRIBUTION INFRASTRUCTURE" MEANS ANY UTILITY FACILI-
 TIES USED TO DISTRIBUTE ELECTRIC  SERVICE  TO  CUSTOMERS,  AND  INCLUDES
 POLES,  VAULTS,  SERVICE  DROPS, TRANSFORMERS, MOUNTING PADS, TRENCHING,
 CONDUIT, WIRE, CABLE, METERS, OTHER EQUIPMENT AS NECESSARY, AND  ASSOCI-
 ATED ENGINEERING AND CIVIL CONSTRUCTION WORK.
   (B)  "UTILITY-OWNED  MAKE-READY COSTS" MEANS ANY CAPITAL INVESTMENT IN
 ELECTRICAL DISTRIBUTION INFRASTRUCTURE NEEDED TO CONNECT AND SERVE A NEW
 ELECTRIC VEHICLE CHARGER, INCLUDING  STEP  DOWN  TRANSFORMERS,  OVERHEAD
 SERVICE LINES, AND UTILITY METERS.
   (C)  "CUSTOMER-OWNED MAKE-READY COSTS" MEANS ANY CAPITAL INVESTMENT IN
 EQUIPMENT OR INFRASTRUCTURE BEYOND THE UTILITY SERVICE  POINT  NECESSARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15064-02-4
              

 A. 10383                            2
 
 TO MAKE A SITE, OTHER THAN A SINGLE-FAMILY RESIDENCE, READY TO ACCEPT AN
 ELECTRIC VEHICLE CHARGER, INCLUDING CONDUCTORS, TRENCHING, AND PANELS.
   (D) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISADVAN-
 TAGED  COMMUNITY UNDER ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER-
 VATION LAW.
   (E) "PUBLIC SERVING FLEET" MEANS A FLEET OF VEHICLES OWNED, LEASED, OR
 CONTRACTED BY THE STATE, ANY MUNICIPALITY, PUBLIC  AUTHORITY  OR  SCHOOL
 DISTRICT THAT OWNS, LEASES, OR CONTRACTS MORE THAN TWENTY-FIVE VEHICLES.
   3.  REASONABLE  EFFORTS  REQUIRED.  ELECTRIC  CORPORATIONS  SHALL MAKE
 REASONABLE EFFORTS TO ENSURE THAT ANY INFRASTRUCTURE BUILT  PURSUANT  TO
 THIS  SECTION  IS  EFFICIENTLY  SIZED  AND  OPERATED.  SUCH  EFFORTS MAY
 INCLUDE, BUT NOT BE LIMITED TO, CONSIDERING CUSTOMERS' REASONABLY  FORE-
 SEEABLE LOAD MANAGEMENT ACTIVITIES AND DEPLOYMENTS OF DISTRIBUTED ENERGY
 RESOURCES.
   4.  APPLICATION.  NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, ALL ELECTRIC CORPORATIONS SHALL FILE AN  APPLICATION  WITH
 THE  COMMISSION TO ESTABLISH A TARIFF THAT SHALL REPLACE THE LINE EXTEN-
 SION RULES CURRENTLY USED BY SUCH ELECTRIC CORPORATIONS. SUCH TARIFF, AT
 A MINIMUM, SHALL:
   (A) PROVIDE FOR SUCH  ELECTRIC  CORPORATION  TO  DEPLOY  CUSTOMER-SIDE
 MAKE-READY INFRASTRUCTURE;
   (B)  AUTHORIZE  SUCH  ELECTRIC CORPORATION TO INCLUDE IN ITS BASE RATE
 ONE HUNDRED PERCENT OF ALL REASONABLE AND  PRUDENT  UTILITY-OWNED  MAKE-
 READY COSTS;
   (C)  AUTHORIZE SUCH ELECTRONIC CORPORATION TO INCLUDE IN ITS BASE RATE
 OF REASONABLE AND  PRUDENT  CUSTOMER-SIDE  MAKE-READY  COSTS  NEEDED  TO
 PREPARE A SITE FOR ELECTRIC VEHICLE CHARGING IN THE FOLLOWING MANNER:
   (I)  A MINIMUM FIFTY PERCENT OR HIGHER WHERE AUTHORIZED BY THE COMMIS-
 SION, OF CUSTOMER-OWNED MAKE-READY COSTS IN LOCATIONS THAT ARE NOT WITH-
 IN TWO MILES OF A DISADVANTAGED COMMUNITY ZONE;
   (II) ONE HUNDRED PERCENT OF CUSTOMER-OWNED  MAKE-READY  COSTS  LOCATED
 WITHIN A DISADVANTAGED COMMUNITY OR DISADVANTAGED COMMUNITY ZONE;
   (III)  ONE  HUNDRED  PERCENT  OF  CUSTOMER-OWNED  MAKE-READY COSTS FOR
 PUBLIC SERVING FLEETS; AND
   (D) PROVIDE  THAT  THE  PORTION  OF  CUSTOMER-OWNED  MAKE-READY  COSTS
 INCLUDED  IN  THE  ELECTRIC CORPORATION'S RATE BASE SHALL NOT BE CHARGED
 DIRECTLY OR SOLELY TO THE CUSTOMER SERVED BY SUCH MAKE-READY INFRASTRUC-
 TURE.
   5. DISADVANTAGED COMMUNITY ZONE. FOR THE PURPOSES OF THIS SECTION  THE
 COMMISSION SHALL DEFINE THE TERM "DISADVANTAGED COMMUNITY ZONE".
   6. COST TREATMENT AND RECOVERY FOR UTILITY-OWNED MAKE-READY COSTS. ALL
 ELECTRIC  CORPORATIONS  SHALL  MAINTAIN  BUDGETS  FOR ITS COSTS INCURRED
 UNDER THIS SECTION.  THE  PORTION  OF  CUSTOMER-OWNED  MAKE-READY  COSTS
 INCURRED BY AN ELECTRIC CORPORATION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION  SHALL  BE  TREATED IN ACCORDANCE WITH A DEPRECIATION OR AMORTI-
 ZATION SCHEDULE AS AUTHORIZED BY THE  COMMISSION.  ANY  ELECTRIC  CORPO-
 RATION  MAY  RECOVER  THE REVENUE REQUIREMENT ASSOCIATED WITH SUCH COSTS
 THROUGH A SURCHARGE MECHANISM UNTIL ITS BASE RATES ARE RESET. ANY  ELEC-
 TRIC CORPORATION SEEKING TO RECOVER SUCH COSTS THROUGH A SURCHARGE MECH-
 ANISM  SHALL  INCLUDE  SUCH  PROPOSAL  AS  PART OF ITS APPLICATION FILED
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   7. APPROVAL OF TARIFFS. THE COMMISSION SHALL, AFTER NOTICE AND  OPPOR-
 TUNITY  FOR  PUBLIC  COMMENT AND WITHIN NINETY DAYS OF THE FILING OF THE
 TARIFF, APPROVE, OR MODIFY AND APPROVE, SUCH TARIFF.
   § 2. This act shall take effect immediately.