S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1158
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JACOBSON,  COLTON, K. BROWN, SIMON, DICKENS,
   SEAWRIGHT, OTIS -- read once and referred to the Committee  on  Trans-
   portation
 
 AN  ACT  directing  the  New York State Department of Transportation, in
   conjunction with the New York State Energy  Research  and  Development
   Authority  and  the  New York Power Authority, to promulgate rules and
   regulations for the standardization of public  charging  stations  for
   electric vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Purpose. The New York State Department  of  Transportation,
 in  conjunction  with the New York State Energy Research and Development
 Authority and the New York Power Authority, shall promulgate  rules  and
 regulations  for  the  standardization  of  public charging stations for
 electric vehicles in accordance with the provisions of this act.
   § 2. Definitions. As used in this act, the following terms shall  have
 the following meanings:
   (a)  "Electric  vehicle" means a motor vehicle subject to registration
 pursuant to subdivision six of section four hundred one of  the  vehicle
 and  traffic  law  which  is:  (i)  powered by an electric motor drawing
 current from rechargeable storage batteries or other portable electrical
 energy storage devices; and (ii) capable  of  being  recharged  from  an
 external source of electricity.
   (b)  "Plug-in  hybrid electric vehicle" means an electric vehicle that
 has an internal combustion engine or other propulsion system.
   (c) "Public electric vehicle charging station complex" means  an  area
 which  contains electric vehicle chargers to supply electricity to elec-
 tric vehicles and is open to the general public.
   (d) "Non-public vehicle charging station complex" means an area  which
 contains  electric  vehicle  chargers  to supply electricity to electric
 vehicles and which is not open to the general public, including but  not

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02177-01-3
              

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 limited  to, dealerships, sales offices and service departments or auto-
 mobile repair shops, automobile rental agencies and trucking or delivery
 businesses.
   (e)  "Electric  vehicle  charger"  means  a device containing electric
 vehicle service equipment and software,  which,  when  connected  to  an
 electric vehicle, delivers electricity to the electric vehicle.
   (f)  "Level  2  electric  vehicle  charger" or "slow charger" means an
 electric vehicle charger that when  connected  to  an  electric  vehicle
 delivers electricity through an AC current. Level 2 chargers are common-
 ly known as the slow chargers.
   (g) "Level 3 electric vehicle charger" means an electric vehicle char-
 ger  that  when  connected  to  an electric vehicle delivers electricity
 through a DC current. Level 3 Chargers are commonly known  as  the  fast
 chargers.
   (h)  "Electric  vehicle service equipment" means equipment, both above
 and below ground, installed for the purpose of transmitting  electricity
 between the electric vehicle charging station's charging coupler and the
 electric vehicle's connector.
   (i)  "Electric  vehicle service equipment software" means the software
 programs and other information technologies used to operate the electric
 vehicle charging equipment.
   § 3. Charging spaces. (a) Each public charging station  complex  shall
 provide  space for no less than eight vehicles to be charged. All public
 charging station complexes shall offer the two most used  level  2  slow
 charger  and  level  3 fast charger technologies on four of the electric
 vehicle chargers for four of the spaces. The four remaining spaces shall
 be serviced by chargers containing only level 3 technologies.
   (b) No person shall park in a space  equipped  with  a  charger  at  a
 public electric vehicle charging station, unless such person is charging
 a plug-in hybrid electric vehicle or battery electric vehicle.
   §  4. Owners or operators of public electric vehicle charging stations
 shall be  prohibited  from  requiring  a  subscription,  application,  a
 membership  in  any club, association, or organization as a condition of
 using the chargers at the public electric vehicle charging complex. Each
 electric vehicle charger shall accept all major credit cards as  defined
 in  section  521 of the general business law and not require any special
 credit card solely distributed by the  public  charging  station.  Other
 options to pay for charging services may be available as well.
   §  5.  (a)  Owners  and  operators of public electric vehicle charging
 station complexes are prohibited from charging  customers  by-the-minute
 and  must charge per kilowatt hours for the purpose of charging an elec-
 tric vehicle. The unit price of the kilowatt hours shall be displayed on
 the face of each charging station prior to and at  any  point  during  a
 customer's transaction.
   (b)  Notwithstanding  subdivision  (a) of this section, the owners and
 operators of public  electric  vehicle  charging  complexes  may  impose
 restrictions  on  the  amount  of  time  that an electric vehicle may be
 charged at the  charging  station.  Upon  the  vehicle  becoming  fully-
 charged,  the  owner/operator may charge an additional fee of $10.00 for
 each half hour or part thereof that the vehicle  is  parked  beyond  the
 time  necessary  to  charge the vehicle in addition to the cost of elec-
 tricity.
   § 6. Electric vehicle charging stations as described in this  act  are
 exempt  from  being  defined as an electricity corporation as defined in
 section 2 of the public service law.
 A. 1158                             3
 
   § 7. (a) Owners and operators  of  public  electric  vehicle  charging
 stations  must maintain signage at the electric vehicle charging station
 that displays the status of each electric  vehicle  charger,  the  total
 number  of  chargers  and the number of available chargers (total number
 less  those  being used), and how long a wait for the next charger to be
 available, the name and address and phone number  of  the  operator  and
 owner,  the  cost  of charging including any additional fees that may be
 charged beyond the cost of electricity for  non-charging  vehicles,  and
 any  rules  or regulations customers must follow at the charging station
 complex when using the chargers.
   (b) All publicly-owned highway signs or signs at exits of highways  in
 the  state  that display information about the availability and location
 of gas stations shall also provide information regarding the availabili-
 ty and location of public electric vehicle charging stations,  including
 the  number  of  available  chargers  available  and the distance to the
 charging station complex.
   § 8. The provisions of this act shall not apply to non-public charging
 complexes which are not for use by the general public are not subject to
 the requirements of this law provided signage is clearly displayed  that
 no  electric vehicle chargers are available to the general public except
 for customers of the business or those vehicles owned by the business.
   § 9. This act shall take effect immediately.