S T A T E O F N E W Y O R K
________________________________________________________________________
1158--A
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, EACHUS -- read once and referred to the Committee on
Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 6 of section 401 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 stor-
age 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02177-04-3
A. 1158--A 2
vehicles and which is not open to the general public, including but not
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 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.
(g) "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.
(h) "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 3 fast
charger technologies on all of the electric vehicle chargers for all of
the eight spaces.
(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 electric corporation as defined in
section 2 of the public service law.
§ 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
A. 1158--A 3
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.