Assembly Bill A8916

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8916
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  THIELE,  KELLES,  GIBBS, JACOBSON,
   CUNNINGHAM, LEVENBERG, REYES, RAGA,  COLTON,  DICKENS,  LUCAS,  GLICK,
   SIMONE,  L. ROSENTHAL, OTIS, SANTABARBARA -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to requiring  commer-
   cial  garages  containing electric vehicle charging stations to ensure
   public access to such charging stations commercially reasonable rental
   or fee rates
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 18-a to read as follows:
   § 18-A. PARKING FACILITIES; FEES FOR ELECTRIC VEHICLE  CHARGING.    1.
 FOR THE PURPOSES OF THIS SECTION THE TERM "COMMERCIAL GARAGE" SHALL MEAN
 ANY  PRIVATELY  OWNED  BUILDING  OR  FACILITY  WHERE  MOTOR VEHICLES ARE
 PARKED, STORED, SERVICED, OR REPAIRED, AND WHOSE  SPACE  AND  FACILITIES
 ARE  AVAILABLE  TO  THE  PUBLIC  FOR A PARKING FEE WITHOUT REGARD TO THE
 RESIDENCE, BUSINESS OR EMPLOYMENT OF THE MOTOR VEHICLE OWNER OR OPERATOR
 UTILIZING SUCH SPACE OR FACILITIES.
   2. BEGINNING UPON THE EFFECTIVE DATE OF THIS SECTION  AND  THEREAFTER,
 ANY OWNER OR OPERATOR OF A COMMERCIAL GARAGE THAT RECEIVES FUNDS, LOANS,
 CREDITS,  OR  TAX  INCENTIVES, OR THAT RECEIVES A WAIVER OR REDUCTION OF
 ANY FEE OR SURCHARGE REQUIRED TO BE  PAID  BY  A  UTILITY,  OR  THAT  IS
 FINANCED  IN  WHOLE  OR  IN  PART  BY ANY UTILITY RATEPAYERS, FROM OR ON
 BEHALF OF THE POWER AUTHORITY OF THE STATE OF NEW  YORK,  THE  NEW  YORK
 STATE  ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY OR THE PUBLIC SERVICE
 COMMISSION,  FOR  PURPOSES  RELATED   TO   A   PROJECT   INVOLVING   THE
 CONSTRUCTION,  ACQUISITION,  INSTALLATION,  RECONSTRUCTION, IMPROVEMENT,
 MAINTENANCE, EQUIPPING, FURNISHING OR LEASING  OF  AN  ELECTRIC  VEHICLE
 CHARGING STATION, SHALL BE REQUIRED TO DEVELOP AND IMPLEMENT A POLICY TO
 ENSURE  PUBLIC  ACCESS  TO  ELECTRIC  VEHICLE  CHARGING  AT COMMERCIALLY
 REASONABLE RENTAL OR FEE RATES.
   3. SUCH POLICY REQUIRED UNDER SUBDIVISION TWO OF  THIS  SECTION  SHALL
 INCLUDE, BUT NOT BE LIMITED TO: (A) WAIVING ANY AND ALL PARKING FEES FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01089-01-3
 A. 8916                             2
 
 ANY MOTOR VEHICLE OWNER OR OPERATOR UTILIZING SUCH COMMERCIAL GARAGE FOR
 THE  SOLE  PURPOSE  OF  ACCESSING AND USING AN ELECTRIC VEHICLE CHARGING
 STATION LOCATED IN SUCH COMMERCIAL  GARAGE;  (B)  ADOPTING  COMMERCIALLY
 REASONABLE  RENTAL  OR  FEE  RATES  FOR ANY TIME THAT SUCH MOTOR VEHICLE
 OWNER OR OPERATOR IS ACTIVELY ACCESSING OR  USING  AN  ELECTRIC  VEHICLE
 CHARGING  STATION IN SUCH COMMERCIAL GARAGE; AND (C) CHARGING ADDITIONAL
 FEES, SUCH AS DWELL FEES, AS THE OWNER OR OPERATOR  OF  SUCH  COMMERCIAL
 GARAGE  MAY DEEM APPROPRIATE AND NECESSARY, FOR ANY TIME THAT SUCH MOTOR
 VEHICLE OWNER OR OPERATOR IS UTILIZING SUCH COMMERCIAL GARAGE BUT IS NOT
 ACTIVELY USING AN ELECTRIC VEHICLE CHARGING STATION.
   4. THE PUBLIC SERVICE  COMMISSION,  IN  CONSULTATION  WITH  THE  POWER
 AUTHORITY  OF  THE  STATE  OF  NEW  YORK  AND  THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, SHALL HAVE THE  AUTHORITY  TO  ADOPT
 REGULATIONS  AND  ISSUE  GUIDANCE TO EFFECTUATE ANY OF THE PROVISIONS OF
 THIS SECTION.
   5. NOTHING  CONTAINED  IN  THIS  SECTION  SHALL  IMPAIR  ANY  EXISTING
 CONTRACT, AWARD, OR OTHER AGREEMENT, EXCEPT THAT ANY RENEWAL, AMENDMENT,
 OR MODIFICATION OF ANY SUCH CONTRACT, AWARD OR AGREEMENT OCCURRING ON OR
 AFTER  THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT TO THE CONDI-
 TIONS SPECIFIED IN THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.