S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5052
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law and the public  service  law,
   in relation to establishing a highway and depot charging action plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. In order to achieve targets set forth
 by the climate leadership and community protection  act,  zero-emissions
 vehicle sales target and regulations, including the advanced clean truck
 and advanced clean cars II rules, zero-emissions school bus mandate, and
 other  relevant goals, the interests of the people of the state would be
 served by:
   1. Coordinating efforts to plan  for  electric  vehicle  fast-charging
 deployment on New York's highways;
   2.  Identifying  priority  sites  for  the deployment of fast chargers
 along New York's highways, estimating future charging  demand  at  these
 sites  for  all vehicle classes, and identifying necessary electric grid
 transmission  and  distribution   infrastructure   and   interconnection
 upgrades at these sites;
   3.  Expediting electric grid transmission and distribution infrastruc-
 ture and interconnection upgrades at sites controlled by  the  New  York
 state  thruway  authority,  sufficient to future-proof thruway sites for
 accelerated fast charger deployment to serve light duty, medium duty and
 heavy duty vehicles; and
   4.  Identifying additional high priority areas for the  deployment  of
 charging for medium and heavy duty vehicles, such as school buses, tran-
 sit  buses,  and  other  light,  medium  and heavy duty commercial fleet
 depots, and removing barriers to charging deployment, including electric
 infrastructure constraints.
   § 2. The public authorities law is amended by  adding  a  new  section
 1885 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09078-02-3
              

 A. 5052                             2
 
   § 1885. HIGHWAY AND DEPOT CHARGING ACTION PLAN.  1. WITHIN NINE MONTHS
 OF THE EFFECTIVE DATE OF THIS SECTION, AND EVERY THREE YEARS THEREAFTER,
 THE  AUTHORITY,  IN  CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION,
 THE DEPARTMENT OF MOTOR VEHICLES, THE NEW YORK STATE THRUWAY  AUTHORITY,
 THE  NEW  YORK  POWER  AUTHORITY,  THE  LONG ISLAND POWER AUTHORITY, THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND THE ELECTRIC  DISTRIBUTION
 AND  LOCAL  TRANSMISSION  UTILITIES,  SHALL  DEVELOP A HIGHWAY AND DEPOT
 CHARGING ACTION PLAN. THE CHARGING ACTION PLAN SHALL:
   (A) SUPPORT AND COMPLEMENT PLANNING BY THE DEPARTMENT  OF  TRANSPORTA-
 TION FOR FAST CHARGER DEPLOYMENT ALONG ALTERNATIVE FUEL CORRIDORS;
   (B)  IDENTIFY  THE NUMBER AND LOCATION OF FAST CHARGERS ALONG PRIORITY
 HIGHWAY CORRIDORS, INCLUDING FAST CHARGERS CURRENTLY IN OPERATION AND IN
 DEVELOPMENT;
   (C) ESTIMATE FUTURE NEED FOR FAST CHARGER  DEPLOYMENT  ALONG  PRIORITY
 HIGHWAY  CORRIDORS  FOR THE PURPOSES OF (I) FACILITATING THE COST-EFFEC-
 TIVE AND TIMELY ACHIEVEMENT OF MANDATES,  AND  ANY  AMENDMENTS  THERETO,
 UNDER  (1)  ARTICLE  SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW,
 (2) SECTION 19-0306-B OF THE ENVIRONMENTAL  CONSERVATION  LAW  REGARDING
 ZERO-EMISSIONS  VEHICLE  SALES  TARGETS,  (3)  RULES AND REGULATIONS FOR
 ZERO-EMISSIONS VEHICLES ADOPTED BY  THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION,  AND  (4)  OTHER RELEVANT AND APPLICABLE FEDERAL AND STATE
 RULES OR REGULATIONS OR LOCAL REQUIREMENTS OR GOALS TO REDUCE  TRANSPOR-
 TATION  SECTOR  EMISSIONS; AND (II) SUPPORTING ELECTRIC VEHICLE ADOPTION
 BY CONSUMERS AND FLEET OPERATORS;
   (D) IDENTIFY THE NUMBER AND LOCATION OF HIGHWAY CHARGING HUBS, INCLUD-
 ING BUT NOT LIMITED TO THRUWAY CHARGING HUBS, CURRENTLY IN OPERATION AND
 IN DEVELOPMENT ALONG PRIORITY HIGHWAY CORRIDORS;
   (E) ESTIMATE TOTAL CHARGING CAPACITY  REQUIRED  TO  SERVE  LIGHT DUTY,
 MEDIUM DUTY, AND HEAVY DUTY ELECTRIC VEHICLES AT EACH  HIGHWAY  CHARGING
 HUB THROUGH AT LEAST THE YEAR TWO THOUSAND FIFTY;
   (F)  TO  THE  EXTENT  PRACTICABLE, IDENTIFY THE NUMBER AND LOCATION OF
 COMMERCIAL AND PUBLIC FLEET VEHICLES IN OPERATION, INCLUDING THEIR  BODY
 TYPE, FUEL TYPE, MODEL YEAR, ZIP CODE, AND  OTHER  RELEVANT  INFORMATION
 NEEDED  TO  FORECAST THE NUMBER AND LOCATION OF ZERO-EMISSIONS VEHICLES,
 PER STATE POLICY;
   (G) IDENTIFY THE NUMBER AND LOCATION OF FLEET CHARGING ZONES;
   (H) ESTIMATE FUTURE NEED FOR CHARGING DEPLOYMENT AND CHARGING CAPACITY
 IN THE FLEET CHARGING ZONES, SUFFICIENT TO SATISFY THE TARGETS AND REGU-
 LATIONS IDENTIFIED IN PARAGRAPH (C) OF THIS SECTION; AND
   (I) SEEK TO OPTIMIZE FAST CHARGER DEPLOYMENT AMONG THE HIGHWAY  CHARG-
 ING  HUBS  AND  CHARGING  DEVELOPMENT  AMONG THE FLEET CHARGING ZONES TO
 REDUCE THE COST OF INTERCONNECTION,  ELECTRIC  DISTRIBUTION,  AND  LOCAL
 TRANSMISSION UPGRADES WHILE SERVING PROJECTED VEHICLE TRAFFIC VOLUMES.
   2.  THE  AUTHORITY  SHALL  DEVELOP A STAKEHOLDER ENGAGEMENT PROCESS TO
 RAISE CONSUMER AWARENESS AND EDUCATION  ACROSS  THE  STATE  AND  SOLICIT
 FEEDBACK  FROM THE PUBLIC, REPRESENTATIVES OR RESIDENTS OF ENVIRONMENTAL
 JUSTICE OR DISADVANTAGED COMMUNITIES,  ELECTRIC  VEHICLE  MANUFACTURERS,
 ELECTRIC  VEHICLE  SUPPLY  EQUIPMENT MANUFACTURERS, FLEET OPERATORS, AND
 OTHERS ON THE HIGHWAY AND DEPOT CHARGING ACTION PLAN.    TO  THE  EXTENT
 PRACTICABLE  AND CONSISTENT WITH APPLICABLE TIMELINES, THE AUTHORITY MAY
 COORDINATE THE HIGHWAY AND DEPOT CHARGING ACTION PLAN STAKEHOLDER  INPUT
 PROCESS  WITH  THE PROCESS SET FORTH IN SECTION EIGHTEEN HUNDRED EIGHTY-
 FOUR OF THIS ARTICLE.
   3. THE AUTHORITY SHALL SUBMIT THE HIGHWAY AND DEPOT CHARGING  PLAN  TO
 THE PUBLIC SERVICE COMMISSION NO LATER THAN NINE MONTHS AFTER THE EFFEC-
 TIVE DATE OF THIS SECTION AND AN UPDATED CHARGING PLAN EVERY THREE YEARS
 A. 5052                             3
 
 THEREAFTER.  THE  HIGHWAY  AND  DEPOT CHARGING ACTION PLAN SHALL BE MADE
 PUBLICLY AVAILABLE ON THE AUTHORITY'S WEBSITE.
   4.  TO  FACILITATE  DEVELOPMENT  OF  A FAST CHARGING NETWORK ALONG THE
 PRIORITY HIGHWAY CORRIDORS AS SET FORTH IN  THIS  SECTION,  THE  HIGHWAY
 CHARGING ACTION PLAN SHALL DESIGNATE LOCATIONS AS HIGHWAY CHARGING HUBS,
 AS FOLLOWS:
   (A)  ALL THRUWAY CHARGING HUBS SHALL BE DESIGNATED AS HIGHWAY CHARGING
 HUBS.
   (B) ADDITIONAL SITES OR GEOGRAPHIC  AREAS  SHALL  BE  PRIORITIZED  FOR
 DESIGNATION AS HIGHWAY CHARGING HUBS BASED ON (I) ELIGIBILITY FOR FEDER-
 AL,  STATE, OR OTHER FUNDING OPPORTUNITIES, INCLUDING BUT NOT LIMITED TO
 NEEDS IDENTIFIED THROUGH THE NEVI FORMULA PROGRAM PLANNING PROCESS, (II)
 PROXIMITY TO ELECTRIC TRANSMISSION INFRASTRUCTURE, (III) PROJECTED VEHI-
 CLE TRAFFIC, (IV) CHARGING NETWORK COVERAGE, (V) INTERSTATE  AND  INTRA-
 STATE COMMERCE, (VI) BENEFITS TO ENVIRONMENTAL JUSTICE AND DISADVANTAGED
 COMMUNITIES,  (VII) BENEFITS OF INCREASED CHARGING ACCESSIBILITY IN HOST
 COMMUNITIES, (VIII) REAL PROPERTY  OWNERSHIP  OR  CONTROL  OF  POTENTIAL
 SITES,  (IX)  RELEVANT  COMMITMENTS FROM SITE AND/OR CHARGING OPERATORS,
 AND (X) OTHER FACTORS DEEMED RELEVANT FOR THE DEVELOPMENT AND SUCCESSFUL
 IMPLEMENTATION OF THE HIGHWAY CHARGING ACTION PLAN.
   (C) HIGHWAY CHARGING HUBS SHALL BE WITHIN ONE  MILE  OF  THE  PRIORITY
 HIGHWAY  CORRIDORS,  SPACED  NO  MORE  THAN  FIFTY MILES APART ALONG THE
 PRIORITY HIGHWAY  CORRIDORS  AND  REASONABLY  ACCESSIBLE  REGARDLESS  OF
 DIRECTION OF TRAVEL.
   (D) THE AUTHORITY MAY CONSIDER PRIVATELY OPERATED SITES WHICH ARE OPEN
 TO  THE  PUBLIC  OR  MULTIPLE COMMERCIAL ENTITIES AS ELIGIBLE FOR DESIG-
 NATION AS A HIGHWAY CHARGING HUB, SUBJECT TO REASONABLE RESTRICTIONS.
   (E) A SINGLE HIGHWAY CHARGING HUB MAY BE COMPRISED OF MULTIPLE  CHARG-
 ING SERVICE AREAS WITHIN A REASONABLE DISTANCE FROM ONE ANOTHER.
   5.  GEOGRAPHIC  AREAS  SHALL  BE  PRIORITIZED FOR DESIGNATION AS FLEET
 CHARGING ZONES BASED ON:
   (A) TOTAL NUMBER OF COMMERCIAL AND PUBLIC FLEET VEHICLES IN  OPERATION
 AND/OR TOTAL NUMBER OF FLEET OPERATORS IN THE GEOGRAPHIC AREA,
   (B) PROJECTED VEHICLE TRAFFIC IN THE GEOGRAPHIC AREA,
   (C) BENEFITS TO PUBLIC FLEETS, SUCH AS SCHOOL BUS OPERATORS,
   (D) BENEFITS TO ENVIRONMENTAL JUSTICE AND DISADVANTAGED COMMUNITIES,
   (E)  RELEVANT  COMMITMENTS FROM FLEET AND/OR SITE OPERATORS TO INSTALL
 CHARGING EQUIPMENT,
   (F) AVAILABLE CAPACITY ON THE ELECTRIC DISTRIBUTION AND  LOCAL  TRANS-
 MISSION NETWORK TO SERVE VEHICLE CHARGERS,
   (G)  ENSURING EQUITABLE COVERAGE AND ACCESS TO FLEET CHARGING THROUGH-
 OUT THE STATE, AND
   (H) OTHER FACTORS DEEMED RELEVANT FOR THE DEVELOPMENT  AND  SUCCESSFUL
 IMPLEMENTATION OF THE DEPOT CHARGING ACTION PLAN.
   6. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "ALTERNATIVE FUEL CORRIDORS" SHALL MEAN HIGHWAYS DESIGNATED WITHIN
 THE  STATE  PURSUANT  TO  THE  NATIONAL  ELECTRIC VEHICLE INFRASTRUCTURE
 FORMULA PROGRAM UNDER 23 U.S.C.  151 AND PREVIOUSLY DESIGNATED UNDER THE
 FEDERAL FIXING AMERICA'S SURFACE TRANSPORTATION ACT OF 2015.
   (B) "CHARGING PLAN" SHALL MEAN THE HIGHWAY AND DEPOT  CHARGING  ACTION
 PLAN.
   (C) "FAST CHARGER" SHALL MEAN A DIRECT CURRENT ELECTRIC VEHICLE CHARG-
 ING PORT WHICH CAN CHARGE AT A LEVEL OF AT LEAST ONE HUNDRED FIFTY KILO-
 WATTS.
 A. 5052                             4
 
   (D)  "FLEET  CHARGING  ZONE" SHALL MEAN A PRIORITY GEOGRAPHIC AREA FOR
 THE DEPLOYMENT OF CHARGING  INFRASTRUCTURE  FOR  PUBLIC  AND  COMMERCIAL
 FLEET OPERATORS OR OWNERS, INCLUDING SCHOOL BUS FLEETS.
   (E)  "HIGHWAY  AND  DEPOT  CHARGING  ACTION  PLAN" SHALL MEAN THE PLAN
 DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (F) "HIGHWAY CHARGING HUB" SHALL MEAN A PRIORITY SITE FOR THE  DEPLOY-
 MENT  OF  LARGE  SCALE,  FAST CHARGING INFRASTRUCTURE, WHICH HAS MINIMUM
 STATION POWER CAPABILITY AT OR ABOVE SIX HUNDRED KILOWATTS AND  SUPPORTS
 AT LEAST ONE HUNDRED FIFTY KILOWATTS PER PORT SIMULTANEOUSLY ACROSS FOUR
 PORTS  FOR  CHARGING.  THESE  SITES SHALL INCLUDE BUT ARE NOT LIMITED TO
 THRUWAY CHARGING HUBS.
   (G) "NEVI" SHALL MEAN THE  NATIONAL  ELECTRIC  VEHICLE  INFRASTRUCTURE
 PROGRAM ESTABLISHED UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
 ACT OF 2021.
   (H)  "PRIORITY HIGHWAY CORRIDOR" SHALL MEAN ALTERNATIVE FUEL CORRIDORS
 AND OTHER STATE AND COUNTY HIGHWAYS IDENTIFIED IN THE CHARGING  PLAN  AS
 APPROPRIATE  TO ENSURE SUFFICIENT AND EQUITABLE CHARGING ACCESS THROUGH-
 OUT THE STATE.
   (I) "THRUWAY CHARGING HUBS"  SHALL  MEAN  ALL  HIGHWAY  SERVICE  AREAS
 CONTROLLED,  LEASED,  OWNED,  OR  OPERATED BY THE NEW YORK STATE THRUWAY
 AUTHORITY.
   § 3. The public service law is amended by adding a new  section  121-b
 to read as follows:
   §  121-B.  ELECTRIC  NETWORK AND INTERCONNECTIONS UPGRADES FOR HIGHWAY
 CHARGING HUBS. 1. WITHIN NINETY DAYS OF  THE  SUBMISSION  OF  A  HIGHWAY
 CHARGING  ACTION  PLAN  OR  DEPOT CHARGING ACTION PLAN TO THE COMMISSION
 PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THE PUBLIC  AUTHORI-
 TIES LAW, AND IN CONSULTATION WITH THE NEW YORK STATE THRUWAY AUTHORITY,
 THE  NEW  YORK POWER AUTHORITY, AND THE LONG ISLAND POWER AUTHORITY, THE
 COMMISSION SHALL COMMENCE A PROCEEDING TO DIRECT NEW YORK ELECTRIC UTIL-
 ITIES TO PRODUCE CAPITAL PLANS TO DEVELOP, OWN,  AND  OPERATE  INTERCON-
 NECTION,  ELECTRIC  DISTRIBUTION, AND LOCAL TRANSMISSION UPGRADES NECES-
 SARY TO MEET CHARGING CAPACITY  REQUIREMENTS  AT  ALL  HIGHWAY  CHARGING
 HUBS.  SUCH CAPITAL PLANS SHALL:
   (A)  INCLUDE  UPGRADES TO SITE INTERCONNECTION AT ALL HIGHWAY CHARGING
 HUBS;
   (B) BE DESIGNED TO MINIMIZE  THE  NEED  FOR  MULTIPLE  OR  DUPLICATIVE
 UPGRADES  AT  A GIVEN SITE BY CONSIDERING CHARGING CAPACITY REQUIREMENTS
 FOR ALL VEHICLE CLASSES THROUGH THE YEAR  TWO  THOUSAND  FIFTY,  AND  BY
 CONSIDERING  OTHER  SOURCES OF ELECTRIC DEMAND AT HIGHWAY CHARGING HUBS.
 WHERE FEASIBLE, UPGRADES SHALL BE DESIGNED AS FUTURE-PROOFING UPGRADES;
   (C) PRIORITIZE INTERCONNECTION, ELECTRIC DISTRIBUTION, AND LOCAL TRAN-
 SMISSION UPGRADES AT THRUWAY CHARGING HUBS  AND  SHALL  INCLUDE  FUTURE-
 PROOFING UPGRADES AT ALL THRUWAY CHARGING HUBS;
   (D)  CONSIDER  THE  EXISTENCE OF RELEVANT COMMITMENTS FROM SITE AND/OR
 CHARGING OPERATORS IN PRIORITIZING THE SCHEDULE OF UPGRADES FOR  HIGHWAY
 CHARGING HUBS; AND
   (E)  IDENTIFY A SCHEDULE FOR UPGRADES, PROVIDED SUCH SCHEDULE SHALL BE
 SUBJECT TO REASONABLE CONSTRAINTS SUCH AS AVAILABILITY OF LAND,  PERMIT-
 TING,  RELEVANT COMMITMENTS FROM SITE OPERATORS, UPDATES TO THE CHARGING
 PLAN, OR OTHER FACTORS.
   2. ALL INVESTMENTS IN THE UTILITY CAPITAL PLAN, INCLUDING UPGRADES  TO
 SITE INTERCONNECTION AT ALL HIGHWAY CHARGING HUBS, SHALL BE RECOVERED BY
 THE  UTILITIES  THROUGH  A  PROCEEDING  ESTABLISHED BY THE COMMISSION, A
 PETITION FILED BY ONE OR MORE UTILITIES, OR THE UTILITY RATE CASE  PROC-
 ESS.  THE  COMMISSION  MAY  ESTABLISH  AN APPROPRIATE MECHANISM FOR SITE
 A. 5052                             5
 
 OWNERS OR OPERATORS TO CONTRIBUTE TO THE COST  OF  IDENTIFIED  UPGRADES,
 SUCH AS, BUT NOT LIMITED TO, A CONTRIBUTION FROM CHARGING REVENUE AT THE
 SITE.
   3. THE COMMISSION SHALL ACT TO ENSURE THAT UPGRADES ARE IMPLEMENTED IN
 A  TIMELY  AND  COST-EFFECTIVE  MANNER TO MEET THE CHARGING REQUIREMENTS
 IDENTIFIED IN THE HIGHWAY CHARGING ACTION PLAN AT ALL  HIGHWAY  CHARGING
 HUBS.    PROVIDED,  IN EVALUATING THE BENEFITS OF PROPOSED UPGRADES, THE
 COMMISSION MAY CONSIDER, AMONG OTHER FACTORS:
   (A) APPROPRIATE BENCHMARKS FOR  RESILIENCE  AND  REDUNDANCY  OF  POWER
 SUPPLY AT SELECTED SITES;
   (B) EACH SITE'S ROLE IN PROVIDING CHARGING IN EMERGENCY CONDITIONS;
   (C)  OPPORTUNITIES  FOR THE UPGRADES TO IMPROVE SYSTEM RELIABILITY AND
 RESILIENCY, OR ADDRESS EXISTING ASSET CONDITION NEEDS;
   (D) OPPORTUNITIES FOR THE UPGRADES TO SERVE ADDITIONAL  ELECTRIC  LOAD
 GROWTH,  SUCH  AS  ADJACENT  FLEET  DEPOT  CHARGING OR CHARGING FOR HOST
 COMMUNITIES;
   (E) OPPORTUNITIES FOR THE UPGRADES TO FACILITATE RENEWABLE GENERATION,
 DISTRIBUTED ENERGY RESOURCES, OR HYDROGEN PRODUCTION;
   (F) POTENTIAL FOR UPGRADES AT HIGHWAY CHARGING HUBS TO DEFER THE  NEED
 FOR UPGRADES AT OTHER EXISTING CHARGING LOCATIONS; AND
   (G) AVAILABILITY OF COMPLEMENTARY FUNDING OR INCENTIVES FOR MAKE-READY
 INFRASTRUCTURE TO PROMOTE CHARGING DEVELOPMENT.
   4.  IN  ESTABLISHING  THE  CAPITAL  PLAN, THE ELECTRIC UTILITIES SHALL
 EVALUATE BENEFITS OF UTILIZING DISTRIBUTED  ENERGY  RESOURCES,  SUCH  AS
 ENERGY  STORAGE OR MANAGED CHARGING PROGRAMS. SUCH BENEFITS MAY INCLUDE,
 BUT ARE NOT LIMITED TO, LOWERING THE TOTAL COST  OF  THE  CAPITAL  PLAN,
 PROVIDING  INCREASED RESILIENCY AT A HIGHWAY CHARGING HUB, AND PROVIDING
 INTERIM SOLUTIONS TO ENABLE CHARGING DEPLOYMENT WHERE  GRID  INFRASTRUC-
 TURE  IS  NOT  YET IN PLACE. INTERCONNECTION, ELECTRIC DISTRIBUTION, AND
 LOCAL TRANSMISSION UPGRADES IN THE  CAPITAL  PLAN  MAY  INCLUDE  UTILITY
 OWNERSHIP AND OPERATION OF ENERGY STORAGE FACILITIES, INCLUDING, BUT NOT
 LIMITED TO, MOBILE OR TEMPORARY STORAGE FACILITIES.
   5.  FOR THE PURPOSES OF THIS SECTION, "FUTURE-PROOFING UPGRADES" SHALL
 MEAN UPGRADES THAT SEEK TO ACCOMMODATE FUTURE GROWTH IN CHARGING CAPACI-
 TY REQUIREMENTS.
   6. THE COMMISSION, IN CONSULTATION WITH THE COMMISSIONER  OF  ENVIRON-
 MENTAL CONSERVATION, MAY ISSUE SUCH RULES AND REGULATIONS AS THE COMMIS-
 SION   DETERMINES  NECESSARY  FOR  THE  PURPOSES  OF  CARRYING  OUT  THE
 PROVISIONS OF THIS SECTION.
   7. IN THE PROCEEDING ESTABLISHED IN SUBDIVISION ONE OF  THIS  SECTION,
 OR  IN  ANOTHER  PROCEEDING DESIGNATED BY THE COMMISSION, THE COMMISSION
 SHALL ACT TO IDENTIFY AND REMOVE THE BARRIERS TO THE EFFICIENT AND TIME-
 LY DEPLOYMENT OF CHARGING INFRASTRUCTURE NEEDED TO ELECTRIFY NEW  YORK'S
 COMMERCIAL  AND  PUBLIC FLEET VEHICLES IN THE FLEET CHARGING ZONES.  THE
 COMMISSION SHALL CONSIDER, AMONG OTHER FACTORS:
   (A) REVISIONS TO UTILITY ELECTRIC VEHICLE INFRASTRUCTURE  PLANNING  TO
 ENCOURAGE  PROACTIVE INVESTMENTS IN THE FLEET CHARGING ZONES, ESPECIALLY
 IN DISADVANTAGED AND ENVIRONMENTAL JUSTICE COMMUNITIES;
   (B) APPROPRIATE BENCHMARKS FOR  RESILIENCE  AND  REDUNDANCY  OF  POWER
 SUPPLY IN SELECTED AREAS;
   (C)  OPPORTUNITIES  FOR THE UPGRADES TO IMPROVE SYSTEM RELIABILITY AND
 RESILIENCY, OR ADDRESS EXISTING ASSET CONDITION NEEDS;
   (D) OPPORTUNITIES FOR THE UPGRADES TO SERVE ADDITIONAL  ELECTRIC  LOAD
 GROWTH;
   (E) OPPORTUNITIES FOR THE UPGRADES TO FACILITATE RENEWABLE GENERATION,
 DISTRIBUTED ENERGY RESOURCES, OR HYDROGEN PRODUCTION;
 A. 5052                             6
 
   (F) OPPORTUNITIES FOR FUTURE-PROOFING UPGRADES;
   (G) AVAILABILITY OF COMPLEMENTARY FUNDING OR INCENTIVES FOR MAKE READY
 INFRASTRUCTURE TO PROMOTE CHARGING DEVELOPMENT; AND
   (H)  BENEFITS  OF DISTRIBUTED ENERGY RESOURCES, INCLUDING ENERGY STOR-
 AGE.
   § 4. Section 1020-gg of the public authorities law, as added by  chap-
 ter 433 of the laws of 2009, is amended to read as follows:
   § 1020-gg. Energy plan. The authority shall complete a biennial energy
 plan in accordance with the provisions of article six of the energy law.
 In  addition  to  any requirements of article six of the energy law, the
 authority shall provide copies of its biennial energy plan to the gover-
 nor, the temporary president of the senate, the speaker of the assembly,
 the chair of the assembly committee on  energy  and  the  chair  of  the
 senate committee on energy and telecommunications. Further, the authori-
 ty  shall  cooperate and participate in the state energy planning proce-
 dures as enumerated in article six of the energy law.    NOTWITHSTANDING
 THE  FOREGOING, THE AUTHORITY SHALL ESTABLISH OR AMEND AN EXISTING CAPI-
 TAL PLAN TO IMPLEMENT UPGRADES IN ITS SERVICE  TERRITORY  IN  ACCORDANCE
 WITH  THE  DICTATES  OF  A  PROCEEDING IMPLEMENTED BY THE PUBLIC SERVICE
 COMMISSION PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE-B  OF  THE  PUBLIC
 SERVICE  LAW.   THE AUTHORITY AND THE NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY SHALL IDENTIFY NO FEWER THAN TWO HIGHWAY  CHARGING
 HUBS IN THE AUTHORITY'S SERVICE TERRITORY WHERE FUTURE-PROOFING UPGRADES
 SHALL  BE  IMPLEMENTED  ON A SIMILAR TIMELINE AS AT THE THRUWAY CHARGING
 HUBS, AS DEFINED IN SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF  THIS  CHAP-
 TER, SUBJECT TO REASONABLE CONSTRAINTS.
   § 5. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5052--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER,  McDONALD, GUNTHER, STIRPE, HUNTER,
   THIELE,  GLICK,  STERN,  JACOBSON,  MAGNARELLI,   BENDETT,   K. BROWN,
   CUNNINGHAM,  FAHY -- Multi-Sponsored by -- M. of A. SIMON -- read once
   and referred to the Committee on Corporations, Authorities and Commis-
   sions -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the public authorities law, in relation to conducting a
   highway and depot charging needs evaluation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. In order to achieve targets set forth
 by  the  climate leadership and community protection act, zero-emissions
 vehicle sales target and regulations, including the advanced clean truck
 and advanced clean cars II rules, zero-emissions school bus mandate, and
 other relevant goals, the interests of the people of the state would  be
 served by:
   1.  Coordinating  efforts  to  plan for electric vehicle fast-charging
 deployment on New York's highways;
   2. Identifying priority sites for  the  deployment  of  fast  chargers
 along  New  York's  highways, estimating future charging demand at these
 sites for all vehicle classes, and identifying necessary  electric  grid
 transmission   and   distribution   infrastructure  and  interconnection
 upgrades at these sites;
   3. Expediting electric grid transmission and distribution  infrastruc-
 ture at sites controlled by the New York state thruway authority, suffi-
 cient to future-proof thruway sites for accelerated fast charger deploy-
 ment to serve light duty, medium duty and heavy duty vehicles; and
   4.    Identifying additional high priority areas for the deployment of
 charging for medium and heavy duty vehicles, such as school buses, tran-
 sit buses, and other light,  medium  and  heavy  duty  commercial  fleet
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09078-05-3
 A. 5052--A                          2
              

 
 depots, and removing barriers to charging deployment, including electric
 infrastructure constraints.
   §  2.  The  public  authorities law is amended by adding a new section
 1885 to read as follows:
   § 1885. HIGHWAY AND DEPOT CHARGING NEEDS EVALUATION.  1.  WITHIN  NINE
 MONTHS  OF  THE  EFFECTIVE  DATE  OF THIS SECTION, AND EVERY THREE YEARS
 THEREAFTER, THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF TRANS-
 PORTATION, THE DEPARTMENT OF MOTOR VEHICLES, THE NEW YORK STATE  THRUWAY
 AUTHORITY,  THE NEW YORK POWER AUTHORITY, THE LONG ISLAND POWER AUTHORI-
 TY, THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  AND  THE  ELECTRIC
 DISTRIBUTION  AND  LOCAL  TRANSMISSION  UTILITIES, SHALL CONDUCT A NEEDS
 EVALUATION TO:
   (A) CONSIDER PLANNING BY THE DEPARTMENT  OF  TRANSPORTATION  FOR  FAST
 CHARGER DEPLOYMENT ALONG ALTERNATIVE FUEL CORRIDORS;
   (B)  IDENTIFY  THE NUMBER AND LOCATION OF FAST CHARGERS ALONG PRIORITY
 HIGHWAY CORRIDORS, INCLUDING FAST CHARGERS CURRENTLY IN OPERATION AND IN
 DEVELOPMENT;
   (C) ESTIMATE FUTURE NEED FOR FAST CHARGER  DEPLOYMENT  ALONG  PRIORITY
 HIGHWAY  CORRIDORS  FOR THE PURPOSES OF (I) FACILITATING THE COST-EFFEC-
 TIVE AND TIMELY ACHIEVEMENT OF MANDATES UNDER (1)  ARTICLE  SEVENTY-FIVE
 OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,  (2) SECTION 19-0306-B OF THE
 ENVIRONMENTAL CONSERVATION LAW REGARDING  ZERO-EMISSIONS  VEHICLE  SALES
 TARGETS,  (3)  RULES AND REGULATIONS FOR ZERO-EMISSIONS VEHICLES ADOPTED
 BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AND (4)  OTHER  RELE-
 VANT  AND  APPLICABLE  FEDERAL  AND  STATE RULES OR REGULATIONS OR LOCAL
 GOALS TO REDUCE TRANSPORTATION SECTOR  EMISSIONS;  AND  (II)  SUPPORTING
 ELECTRIC VEHICLE ADOPTION BY CONSUMERS AND FLEET OPERATORS;
   (D) IDENTIFY THE NUMBER AND LOCATION OF HIGHWAY CHARGING HUBS, INCLUD-
 ING BUT NOT LIMITED TO THRUWAY CHARGING HUBS, CURRENTLY IN OPERATION AND
 IN DEVELOPMENT ALONG PRIORITY HIGHWAY CORRIDORS;
   (E) ESTIMATE TOTAL CHARGING CAPACITY  REQUIRED  TO  SERVE  LIGHT DUTY,
 MEDIUM  DUTY,  AND HEAVY DUTY ELECTRIC VEHICLES AT EACH HIGHWAY CHARGING
 HUB THROUGH AT LEAST THE YEAR TWO THOUSAND FIFTY;
   (F) IDENTIFY, TO THE EXTENT PRACTICABLE, THE NUMBER  AND  LOCATION  OF
 COMMERCIAL AND PUBLIC FLEET VEHICLES IN OPERATION, INCLUDING THEIR  BODY
 TYPE,  FUEL  TYPE,  MODEL YEAR, ZIP CODE, AND OTHER RELEVANT INFORMATION
 NEEDED TO  FORECAST THE NUMBER AND LOCATION OF ZERO-EMISSIONS  VEHICLES,
 PER STATE POLICY;
   (G) IDENTIFY THE NUMBER AND LOCATION OF FLEET CHARGING ZONES;
   (H) ESTIMATE FUTURE NEED FOR CHARGING DEPLOYMENT AND CHARGING CAPACITY
 IN THE FLEET CHARGING ZONES, SUFFICIENT TO SATISFY THE TARGETS AND REGU-
 LATIONS IDENTIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION;
   (I) EXAMINE WAYS TO OPTIMIZE FAST CHARGER DEPLOYMENT AMONG THE HIGHWAY
 CHARGING HUBS AND CHARGING DEVELOPMENT AMONG THE FLEET CHARGING ZONES TO
 REDUCE THE COST OF ELECTRIC DISTRIBUTION AND LOCAL TRANSMISSION UPGRADES
 WHILE SERVING PROJECTED VEHICLE TRAFFIC VOLUMES;
   (J)  ANALYZE  AND  ASSES THE TOTAL POTENTIAL COSTS ASSOCIATED WITH ANY
 IDENTIFIED NEED; AND
   (K) ANALYZE AND ASSESS FEDERAL OR STATE FUNDING OPPORTUNITIES TO MINI-
 MIZE SUCH COSTS TO RATE PAYERS.
   2. THE AUTHORITY SHALL DEVELOP A  STAKEHOLDER  ENGAGEMENT  PROCESS  TO
 RAISE  CONSUMER  AWARENESS  AND  EDUCATION  ACROSS THE STATE AND SOLICIT
 FEEDBACK FROM THE PUBLIC, REPRESENTATIVES OR RESIDENTS OF  ENVIRONMENTAL
 JUSTICE  OR  DISADVANTAGED  COMMUNITIES, ELECTRIC VEHICLE MANUFACTURERS,
 ELECTRIC VEHICLE SUPPLY EQUIPMENT MANUFACTURERS,  FLEET  OPERATORS,  AND
 OTHERS  ON  THE  HIGHWAY  AND  DEPOT CHARGING NEEDS EVALUATION.   TO THE
 A. 5052--A                          3
 
 EXTENT PRACTICABLE AND CONSISTENT WITH APPLICABLE TIMELINES, THE AUTHOR-
 ITY MAY COORDINATE THE  HIGHWAY  AND  DEPOT  CHARGING  NEEDS  EVALUATION
 STAKEHOLDER INPUT PROCESS WITH THE PROCESS SET FORTH IN SECTION EIGHTEEN
 HUNDRED EIGHTY-FOUR OF THIS ARTICLE.
   3.  THE  NEEDS  EVALUATION  SHALL  BE  MADE  PUBLICLY AVAILABLE ON THE
 AUTHORITY'S WEBSITE.
   4. WHEN CONDUCTING THE NEEDS EVALUATION, THE FOLLOWING LOCATIONS SHALL
 BE CONSIDERED FOR DESIGNATION AS HIGHWAY CHARGING HUBS:
   (A) ALL THRUWAY CHARGING HUBS.
   (B) ADDITIONAL SITES OR GEOGRAPHIC AREAS BASED ON (I) ELIGIBILITY  FOR
 FEDERAL, STATE, OR OTHER FUNDING OPPORTUNITIES, INCLUDING BUT NOT LIMIT-
 ED  TO  NEEDS IDENTIFIED THROUGH THE NEVI FORMULA PROGRAM PLANNING PROC-
 ESS, (II)  PROXIMITY  TO  ELECTRIC  TRANSMISSION  INFRASTRUCTURE,  (III)
 PROJECTED  VEHICLE  TRAFFIC,  (IV) CHARGING NETWORK COVERAGE, (V) INTER-
 STATE AND INTRASTATE COMMERCE, (VI) BENEFITS  TO  ENVIRONMENTAL  JUSTICE
 AND  DISADVANTAGED  COMMUNITIES,  (VII)  BENEFITS  OF INCREASED CHARGING
 ACCESSIBILITY IN HOST COMMUNITIES, (VIII)  REAL  PROPERTY  OWNERSHIP  OR
 CONTROL  OF  POTENTIAL SITES, (IX) RELEVANT COMMITMENTS FROM SITE AND/OR
 CHARGING OPERATORS, AND (X) OTHER FACTORS DEEMED RELEVANT FOR THE DEVEL-
 OPMENT AND SUCCESSFUL IMPLEMENTATION OF THE HIGHWAY CHARGING NEEDS EVAL-
 UATION.
   (C) LOCATIONS WITHIN ONE  MILE  OF  THE  PRIORITY  HIGHWAY  CORRIDORS,
 SPACED  NO MORE THAN FIFTY MILES APART ALONG THE PRIORITY HIGHWAY CORRI-
 DORS AND REASONABLY ACCESSIBLE REGARDLESS OF DIRECTION OF TRAVEL.
   (D) PRIVATELY OPERATED SITES WHICH ARE OPEN TO THE PUBLIC OR  MULTIPLE
 COMMERCIAL  ENTITIES  AS  ELIGIBLE FOR DESIGNATION AS A HIGHWAY CHARGING
 HUB, SUBJECT TO REASONABLE RESTRICTIONS.
   (E) A SINGLE HIGHWAY  CHARGING  HUB  COMPRISED  OF  MULTIPLE  CHARGING
 SERVICE AREAS WITHIN A REASONABLE DISTANCE FROM ONE ANOTHER.
   5. WHEN CONDUCTING THE NEEDS EVALUATION, THE FOLLOWING GEOGRAPHIC AREA
 CRITERIA  SHALL  BE  CONSIDERED  WHEN  DETERMINING DESIGNATIONS AS FLEET
 CHARGING ZONES:
   (A) TOTAL NUMBER OF COMMERCIAL AND PUBLIC FLEET VEHICLES IN  OPERATION
 AND/OR TOTAL NUMBER OF FLEET OPERATORS IN THE GEOGRAPHIC AREA,
   (B) PROJECTED VEHICLE TRAFFIC IN THE GEOGRAPHIC AREA,
   (C) BENEFITS TO PUBLIC FLEETS, SUCH AS SCHOOL BUS OPERATORS,
   (D) BENEFITS TO ENVIRONMENTAL JUSTICE AND DISADVANTAGED COMMUNITIES,
   (E)  RELEVANT  COMMITMENTS FROM FLEET AND/OR SITE OPERATORS TO INSTALL
 CHARGING EQUIPMENT,
   (F) AVAILABLE CAPACITY ON THE ELECTRIC DISTRIBUTION AND  LOCAL  TRANS-
 MISSION NETWORK TO SERVE VEHICLE CHARGERS, AND
   (G)  ENSURING EQUITABLE COVERAGE AND ACCESS TO FLEET CHARGING THROUGH-
 OUT THE STATE.
   6. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "ALTERNATIVE FUEL CORRIDORS" SHALL MEAN HIGHWAYS DESIGNATED WITHIN
 THE STATE PURSUANT  TO  THE  NATIONAL  ELECTRIC  VEHICLE  INFRASTRUCTURE
 FORMULA PROGRAM UNDER 23 U.S.C.  151 AND PREVIOUSLY DESIGNATED UNDER THE
 FEDERAL FIXING AMERICA'S SURFACE TRANSPORTATION ACT OF 2015.
   (B)  "CHARGING  NEEDS  EVALUATION"  SHALL  MEAN  THE HIGHWAY AND DEPOT
 CHARGING NEEDS EVALUATION.
   (C) "FAST CHARGER" SHALL MEAN A DIRECT CURRENT ELECTRIC VEHICLE CHARG-
 ING PORT WHICH CAN CHARGE AT A LEVEL OF AT LEAST ONE HUNDRED FIFTY KILO-
 WATTS.
 A. 5052--A                          4
 
   (D) "FLEET CHARGING ZONE" SHALL MEAN A PRIORITY  GEOGRAPHIC  AREA  FOR
 THE  DEPLOYMENT  OF  CHARGING  INFRASTRUCTURE  FOR PUBLIC AND COMMERCIAL
 FLEET OPERATORS OR OWNERS, INCLUDING SCHOOL BUS FLEETS.
   (E) "HIGHWAY AND DEPOT CHARGING NEEDS EVALUATION" SHALL MEAN THE NEEDS
 EVALUATION DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (F)  "HIGHWAY CHARGING HUB" SHALL MEAN A PRIORITY SITE FOR THE DEPLOY-
 MENT OF LARGE SCALE, FAST CHARGING  INFRASTRUCTURE,  WHICH  HAS  MINIMUM
 STATION  POWER CAPABILITY AT OR ABOVE SIX HUNDRED KILOWATTS AND SUPPORTS
 AT LEAST ONE HUNDRED FIFTY KILOWATTS PER PORT SIMULTANEOUSLY ACROSS FOUR
 PORTS FOR CHARGING. THESE SITES SHALL INCLUDE BUT  ARE  NOT  LIMITED  TO
 THRUWAY CHARGING HUBS.
   (G)  "NEVI"  SHALL  MEAN  THE NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE
 PROGRAM ESTABLISHED UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
 ACT OF 2021.
   (H) "PRIORITY HIGHWAY CORRIDOR" SHALL MEAN ALTERNATIVE FUEL  CORRIDORS
 AND  OTHER  STATE  AND  COUNTY HIGHWAYS IDENTIFIED IN THE CHARGING NEEDS
 EVALUATION AS APPROPRIATE TO ENSURE SUFFICIENT  AND  EQUITABLE  CHARGING
 ACCESS THROUGHOUT THE STATE.
   (I)  "THRUWAY  CHARGING  HUBS"  SHALL  MEAN  ALL HIGHWAY SERVICE AREAS
 CONTROLLED, LEASED, OWNED, OR OPERATED BY THE  NEW  YORK  STATE  THRUWAY
 AUTHORITY.
   § 3. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5052--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER,  McDONALD, GUNTHER, STIRPE, HUNTER,
   THIELE,  GLICK,  STERN,  JACOBSON,  MAGNARELLI,   BENDETT,   K. BROWN,
   CUNNINGHAM,  FAHY -- Multi-Sponsored by -- M. of A. SIMON -- read once
   and referred to the Committee on Corporations, Authorities and Commis-
   sions -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Ways and Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation to conducting  a
   highway and depot charging needs evaluation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. In order to achieve targets set forth
 by the climate leadership and community protection  act,  zero-emissions
 vehicle sales target and regulations, including the advanced clean truck
 and advanced clean cars II rules, zero-emissions school bus mandate, and
 other  relevant goals, the interests of the people of the state would be
 served by:
   1. Coordinating efforts to plan  for  electric  vehicle  fast-charging
 deployment on New York's highways;
   2.  Identifying  priority  sites  for  the deployment of fast chargers
 along New York's highways, estimating future charging  demand  at  these
 sites  for  all vehicle classes, and identifying necessary electric grid
 transmission  and  distribution   infrastructure   and   interconnection
 upgrades at these sites;
   3.  Expediting electric grid transmission and distribution infrastruc-
 ture and interconnection upgrades at sites controlled by  the  New  York
 state  thruway  authority,  sufficient to future-proof thruway sites for
 accelerated fast charger deployment to serve light duty, medium duty and
 heavy duty vehicles; and
   4.  Identifying additional high priority areas for the  deployment  of
 charging for medium and heavy duty vehicles, such as school buses, tran-
 sit  buses,  and  other  light,  medium  and heavy duty commercial fleet
 depots, including taxi  and  ride-share  vehicle  fleets,  and  removing
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09078-07-3
 A. 5052--B                          2
 
 barriers  to  charging  deployment,  including  electric  infrastructure
 constraints.
   5.  Identifying  additional  priority areas for deployment of charging
 infrastructure designed to support building of charging in densely popu-
 lated urban areas where access to charging is currently or may be limit-
 ed.
   § 2. The public authorities law is amended by  adding  a  new  section
 1885 to read as follows:
   §  1885.  HIGHWAY  AND DEPOT CHARGING NEEDS EVALUATION. 1. WITHIN NINE
 MONTHS OF THE EFFECTIVE DATE OF THIS  SECTION,  AND  EVERY  THREE  YEARS
 THEREAFTER, THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF TRANS-
 PORTATION,  THE DEPARTMENT OF MOTOR VEHICLES, THE NEW YORK STATE THRUWAY
 AUTHORITY, THE NEW YORK POWER AUTHORITY, THE LONG ISLAND POWER  AUTHORI-
 TY,  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE ELECTRIC DISTRIB-
 UTION AND LOCAL TRANSMISSION UTILITIES, THE  NEW  YORK  ASSOCIATION  FOR
 PUPIL  TRANSPORTATION,  AND  FREIGHT  LOGISTICS  EXPERTS SHALL CONDUCT A
 NEEDS EVALUATION TO:
   (A) CONSIDER PLANNING BY THE DEPARTMENT  OF  TRANSPORTATION  FOR  FAST
 CHARGER  DEPLOYMENT  ALONG  ALTERNATIVE FUEL CORRIDORS AND MAJOR FREIGHT
 CORRIDORS;
   (B) IDENTIFY THE NUMBER AND LOCATION OF FAST CHARGERS  ALONG  PRIORITY
 HIGHWAY  CORRIDORS  AND MAJOR FREIGHT CORRIDORS, INCLUDING FAST CHARGERS
 CURRENTLY IN OPERATION AND IN DEVELOPMENT;
   (C) ESTIMATE FUTURE NEED FOR FAST CHARGER  DEPLOYMENT  ALONG  PRIORITY
 HIGHWAY AND MAJOR FREIGHT CORRIDORS FOR THE PURPOSES OF (I) FACILITATING
 THE  COST-EFFECTIVE AND TIMELY ACHIEVEMENT OF MANDATES UNDER (1) ARTICLE
 SEVENTY-FIVE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,   (2)   SECTION
 19-0306-B OF THE ENVIRONMENTAL CONSERVATION LAW REGARDING ZERO-EMISSIONS
 VEHICLE  SALES  TARGETS,  (3)  RULES  AND REGULATIONS FOR ZERO-EMISSIONS
 VEHICLES ADOPTED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION,  AND
 (4) OTHER RELEVANT AND APPLICABLE FEDERAL AND STATE RULES OR REGULATIONS
 OR  LOCAL  GOALS  TO  REDUCE  TRANSPORTATION  SECTOR EMISSIONS; AND (II)
 SUPPORTING ELECTRIC VEHICLE ADOPTION BY CONSUMERS AND FLEET OPERATORS;
   (D) IDENTIFY THE NUMBER AND LOCATION OF HIGHWAY CHARGING HUBS, INCLUD-
 ING BUT NOT LIMITED TO THRUWAY CHARGING HUBS AND FREIGHT CHARGING  HUBS,
 CURRENTLY  IN  OPERATION  AND  IN DEVELOPMENT ALONG PRIORITY HIGHWAY AND
 MAJOR FREIGHT CORRIDORS;
   (E) ESTIMATE TOTAL CHARGING CAPACITY REQUIRED  TO  SERVE  LIGHT  DUTY,
 MEDIUM  DUTY,  AND  HEAVY  DUTY  ELECTRIC  VEHICLES  AT EACH HIGHWAY AND
 FREIGHT CHARGING HUB THROUGH AT LEAST THE YEAR TWO THOUSAND FIFTY;
   (F) IDENTIFY, TO THE EXTENT PRACTICABLE, THE NUMBER  AND  LOCATION  OF
 COMMERCIAL AND PUBLIC FLEET VEHICLES IN OPERATION, INCLUDING THEIR  BODY
 TYPE,  FUEL  TYPE,  MODEL YEAR, ZIP CODE, AND OTHER RELEVANT INFORMATION
 NEEDED TO  FORECAST THE NUMBER AND LOCATION OF ZERO-EMISSIONS  VEHICLES,
 PER STATE POLICY;
   (G) IDENTIFY THE NUMBER AND LOCATION OF FLEET CHARGING ZONES;
   (H) ESTIMATE FUTURE NEED FOR CHARGING DEPLOYMENT AND CHARGING CAPACITY
 IN THE FLEET CHARGING ZONES, SUFFICIENT TO SATISFY THE TARGETS AND REGU-
 LATIONS IDENTIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION;
   (I) EXAMINE WAYS TO OPTIMIZE FAST CHARGER DEPLOYMENT AMONG THE HIGHWAY
 CHARGING  HUBS,  THE  FREIGHT CHARGING HUBS, AND ALL SUCH CHARGING HUBS,
 AND CHARGING DEVELOPMENT AMONG THE FLEET CHARGING ZONES  TO  REDUCE  THE
 COST  OF INTERCONNECTION, IF DEEMED NECESSARY, AND ELECTRIC DISTRIBUTION
 AND LOCAL TRANSMISSION UPGRADES WHILE SERVING PROJECTED VEHICLE  TRAFFIC
 VOLUMES;
 A. 5052--B                          3
 
   (J)  ANALYZE  AND  ASSES THE TOTAL POTENTIAL COSTS ASSOCIATED WITH ANY
 IDENTIFIED NEED;
   (K) ANALYZE AND ASSESS FEDERAL OR STATE FUNDING OPPORTUNITIES TO MINI-
 MIZE SUCH COSTS TO RATE PAYERS; AND
   (L) IDENTIFY THE NUMBER AND LOCATION OF CRITICAL PUBLIC CHARGING SITES
 AND  ESTIMATE  FUTURE NEED FOR CHARGING DEPLOYMENT AND CHARGING CAPACITY
 FOR CRITICAL PUBLIC CHARGING SITES.
   2. THE AUTHORITY SHALL DEVELOP A  STAKEHOLDER  ENGAGEMENT  PROCESS  TO
 RAISE  CONSUMER  AWARENESS  AND  EDUCATION  ACROSS THE STATE AND SOLICIT
 FEEDBACK FROM THE PUBLIC, REPRESENTATIVES OR RESIDENTS OF  ENVIRONMENTAL
 JUSTICE  OR  DISADVANTAGED  COMMUNITIES, ELECTRIC VEHICLE MANUFACTURERS,
 ELECTRIC VEHICLE SUPPLY EQUIPMENT MANUFACTURERS, FLEET OPERATORS, SCHOOL
 DISTRICT TRANSPORTATION DIRECTORS AND OTHERS ON THE  HIGHWAY  AND  DEPOT
 CHARGING  NEEDS  EVALUATION.    TO THE EXTENT PRACTICABLE AND CONSISTENT
 WITH APPLICABLE TIMELINES, THE AUTHORITY MAY COORDINATE THE HIGHWAY  AND
 DEPOT CHARGING NEEDS EVALUATION STAKEHOLDER INPUT PROCESS WITH THE PROC-
 ESS SET FORTH IN SECTION EIGHTEEN HUNDRED EIGHTY-FOUR OF THIS ARTICLE.
   3.  THE  NEEDS  EVALUATION  SHALL  BE  MADE  PUBLICLY AVAILABLE ON THE
 AUTHORITY'S WEBSITE.
   4. WHEN CONDUCTING THE NEEDS EVALUATION, THE FOLLOWING LOCATIONS SHALL
 BE CONSIDERED FOR DESIGNATION AS HIGHWAY AND/OR FREIGHT CHARGING HUBS:
   (A) ALL THRUWAY CHARGING HUBS.
   (B) ADDITIONAL SITES OR GEOGRAPHIC AREAS BASED ON (I) ELIGIBILITY  FOR
 FEDERAL, STATE, OR OTHER FUNDING OPPORTUNITIES, INCLUDING BUT NOT LIMIT-
 ED  TO  NEEDS IDENTIFIED THROUGH THE NEVI FORMULA PROGRAM PLANNING PROC-
 ESS, (II)  PROXIMITY  TO  ELECTRIC  TRANSMISSION  INFRASTRUCTURE,  (III)
 PROJECTED  VEHICLE  TRAFFIC,  (IV) CHARGING NETWORK COVERAGE, (V) INTER-
 STATE AND INTRASTATE COMMERCE, (VI) BENEFITS  TO  ENVIRONMENTAL  JUSTICE
 AND  DISADVANTAGED  COMMUNITIES,  (VII)  BENEFITS  OF INCREASED CHARGING
 ACCESSIBILITY IN HOST COMMUNITIES, (VIII)  REAL  PROPERTY  OWNERSHIP  OR
 CONTROL  OF  POTENTIAL SITES, (IX) RELEVANT COMMITMENTS FROM SITE AND/OR
 CHARGING OPERATORS, AND (X) OTHER FACTORS DEEMED RELEVANT FOR THE DEVEL-
 OPMENT AND SUCCESSFUL IMPLEMENTATION OF THE HIGHWAY CHARGING NEEDS EVAL-
 UATION.
   (C) LOCATIONS WITHIN ONE  MILE  OF  THE  PRIORITY  HIGHWAY  CORRIDORS,
 SPACED  NO MORE THAN FIFTY MILES APART ALONG THE PRIORITY HIGHWAY CORRI-
 DORS AND REASONABLY ACCESSIBLE REGARDLESS OF DIRECTION OF TRAVEL.
   (D) PRIVATELY OPERATED SITES WHICH ARE OPEN TO THE PUBLIC OR  MULTIPLE
 COMMERCIAL  ENTITIES  AS  ELIGIBLE FOR DESIGNATION AS A HIGHWAY CHARGING
 HUB OR FREIGHT CHARGING HUB, SUBJECT TO REASONABLE RESTRICTIONS.
   (E) A SINGLE HIGHWAY OR FREIGHT CHARGING  HUB  COMPRISED  OF  MULTIPLE
 CHARGING SERVICE AREAS WITHIN A REASONABLE DISTANCE FROM ONE ANOTHER.
   5. WHEN CONDUCTING THE NEEDS EVALUATION, THE FOLLOWING GEOGRAPHIC AREA
 CRITERIA  SHALL  BE  CONSIDERED  WHEN  DETERMINING DESIGNATIONS AS FLEET
 CHARGING ZONES:
   (A) TOTAL NUMBER OF COMMERCIAL AND PUBLIC FLEET VEHICLES IN  OPERATION
 AND/OR TOTAL NUMBER OF FLEET OPERATORS IN THE GEOGRAPHIC AREA,
   (B) PROJECTED VEHICLE TRAFFIC IN THE GEOGRAPHIC AREA,
   (C) BENEFITS TO PUBLIC FLEETS, SUCH AS SCHOOL BUS OPERATORS,
   (D) BENEFITS TO ENVIRONMENTAL JUSTICE AND DISADVANTAGED COMMUNITIES,
   (E)  RELEVANT  COMMITMENTS FROM FLEET AND/OR SITE OPERATORS TO INSTALL
 CHARGING EQUIPMENT,
   (F) AVAILABLE CAPACITY ON THE ELECTRIC DISTRIBUTION AND  LOCAL  TRANS-
 MISSION NETWORK TO SERVE VEHICLE CHARGERS,
   (G)  ENSURING EQUITABLE COVERAGE AND ACCESS TO FLEET CHARGING THROUGH-
 OUT THE STATE, AND
 A. 5052--B                          4
 
   (H) SITES WHERE PRIVATE OR PUBLIC FLEET VEHICLES ARE REGULARLY PARKED,
 MAINTAINED, OR OTHERWISE DISPATCHED FOR SERVICE,  INCLUDING  SCHOOL  BUS
 GARAGES.
   6. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "ALTERNATIVE FUEL CORRIDORS" SHALL MEAN HIGHWAYS DESIGNATED WITHIN
 THE  STATE  PURSUANT  TO  THE  NATIONAL  ELECTRIC VEHICLE INFRASTRUCTURE
 FORMULA PROGRAM UNDER 23 U.S.C.  151 AND PREVIOUSLY DESIGNATED UNDER THE
 FEDERAL FIXING AMERICA'S SURFACE TRANSPORTATION ACT OF 2015.
   (B) "CHARGING NEEDS EVALUATION"  SHALL  MEAN  THE  HIGHWAY  AND  DEPOT
 CHARGING NEEDS EVALUATION.
   (C) "CRITICAL PUBLIC CHARGING SITE" SHALL MEAN A PRIORITY SITE FOR THE
 DEPLOYMENT  OF  CHARGING  INFRASTRUCTURE DESIGNED TO SUPPORT BUILDOUT OF
 CHARGING IN DENSELY POPULATED URBAN AREAS WHERE ACCESS TO  CHARGING  MAY
 BE LIMITED.
   (D) "FAST CHARGER" SHALL MEAN A DIRECT CURRENT ELECTRIC VEHICLE CHARG-
 ING PORT WHICH CAN CHARGE AT A LEVEL OF AT LEAST ONE HUNDRED FIFTY KILO-
 WATTS.
   (E)  "FLEET  CHARGING  ZONE" SHALL MEAN A PRIORITY GEOGRAPHIC AREA FOR
 THE DEPLOYMENT OF CHARGING  INFRASTRUCTURE  FOR  PUBLIC  AND  COMMERCIAL
 FLEET  OPERATORS  OR OWNERS, INCLUDING SCHOOL BUS FLEETS, TAXI AND RIDE-
 SHARE VEHICLE FLEETS.
   (F) "FREIGHT CHARGING HUB" SHALL MEAN A PRIORITY SITE FOR THE  DEPLOY-
 MENT  OF  LARGE  SCALE,  FAST CHARGING INFRASTRUCTURE, WHICH HAS MINIMUM
 STATION POWER CAPABILITY AT OR ABOVE SIX HUNDRED KILOWATTS AND  SUPPORTS
 AT LEAST ONE HUNDRED FIFTY KILOWATTS PER PORT SIMULTANEOUSLY ACROSS FOUR
 PORTS FOR CHARGING. THESE SITES MAY INCLUDE HIGHWAY CHARGING HUBS.
   (G) "HIGHWAY AND DEPOT CHARGING NEEDS EVALUATION" SHALL MEAN THE NEEDS
 EVALUATION DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (H)  "HIGHWAY CHARGING HUB" SHALL MEAN A PRIORITY SITE FOR THE DEPLOY-
 MENT OF LARGE SCALE, FAST CHARGING  INFRASTRUCTURE,  WHICH  HAS  MINIMUM
 STATION  POWER CAPABILITY AT OR ABOVE SIX HUNDRED KILOWATTS AND SUPPORTS
 AT LEAST ONE HUNDRED FIFTY KILOWATTS PER PORT SIMULTANEOUSLY ACROSS FOUR
 PORTS FOR CHARGING. THESE SITES SHALL INCLUDE BUT  ARE  NOT  LIMITED  TO
 THRUWAY CHARGING HUBS.
   (I) "MAJOR FREIGHT CORRIDOR" SHALL MEAN SEGMENTS OF THE FREIGHT TRANS-
 PORTATION  NETWORK IDENTIFIED BY THE FEDERAL HIGHWAY ADMINISTRATION THAT
 CARRY MORE THAN FIFTY MILLION TONS PER YEAR, INCLUDING HIGHWAY  SEGMENTS
 THAT  CARRY  AT  LEAST EIGHT THOUSAND FIVE HUNDRED TRUCKS PER DAY, ADDI-
 TIONAL HIGHWAY SEGMENTS AND PARALLEL RAIL LINES THAT TOGETHER  CARRY  AT
 LEAST   EIGHT  THOUSAND  FIVE  HUNDRED  TRUCK,  TRAILER-ON-FLATCAR,  AND
 CONTAINER-ON-FLATCAR PAYLOADS OF TYPICALLY  HIGH-VALUE,  TIME  SENSITIVE
 CARGO,  AND  RAIL  LINES  AND WATERWAYS THAT CARRY FIFTY MILLION TONS IN
 BULK CARGO PER YEAR.
   (J) "NEVI" SHALL MEAN THE  NATIONAL  ELECTRIC  VEHICLE  INFRASTRUCTURE
 PROGRAM ESTABLISHED UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
 ACT OF 2021.
   (K)  "PRIORITY HIGHWAY CORRIDOR" SHALL MEAN ALTERNATIVE FUEL CORRIDORS
 AND OTHER STATE AND COUNTY HIGHWAYS IDENTIFIED  IN  THE  CHARGING  NEEDS
 EVALUATION  AS  APPROPRIATE  TO ENSURE SUFFICIENT AND EQUITABLE CHARGING
 ACCESS THROUGHOUT THE STATE.
   (L) "THRUWAY CHARGING HUBS"  SHALL  MEAN  ALL  HIGHWAY  SERVICE  AREAS
 CONTROLLED,  LEASED,  OWNED,  OR  OPERATED BY THE NEW YORK STATE THRUWAY
 AUTHORITY.
   § 3. This act shall take effect immediately.