S T A T E O F N E W Y O R K
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8916
I N A S S E M B L Y
January 26, 2024
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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.