S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2621
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the state finance law, in relation to the  applicability
   of certain labor law provisions to the construction of certain parking
   facilities;  and  to  amend a chapter of the laws of 2022 amending the
   state finance law relating to requiring the  construction  of  certain
   parking facilities to be capable of supporting electric vehicle charg-
   ing  stations, as proposed in legislative bills numbers S. 23-B and A.
   4386-B, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 19-a of the state finance law, as added by a chap-
 ter of the laws of 2022 amending  the  state  finance  law  relating  to
 requiring  the  construction of certain parking facilities to be capable
 of supporting electric vehicle charging stations, as proposed in  legis-
 lative  bills  numbers  S.  23-B  and  A.  4386-B, is amended to read as
 follows:
   § 19-a. Parking facilities;  support  for  electric  vehicle  charging
 stations.  1. For purposes of this section:
   (A)  the  term  "construction  project"  shall mean [any] construction
 [project performed under private contract that  receives  state  capital
 funding]  WORK  INVOLVING OR INCLUDING THE CONSTRUCTION OF A NEW PARKING
 FACILITY DONE UNDER CONTRACT WHICH IS PAID FOR IN WHOLE OR IN  PART  OUT
 OF  PUBLIC  FUNDS AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED TWENTY-
 FOUR-A OF THE LABOR LAW. ANY CONSTRUCTION ASSOCIATED WITH  THE  CREATION
 OR  REHABILITATION  OF  RESIDENTIAL  DWELLING UNITS OR MANUFACTURED HOME
 PARKS THAT ARE EXEMPTED FROM THE DEFINITION OF "COVERED PROJECTS" AS SET
 FORTH IN SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW  SHALL  ALSO
 BE EXEMPTED FROM THIS SECTION; AND
   (B)  THE  TERM "PARKING FACILITY" SHALL MEAN A PARKING GARAGE, PARKING
 STRUCTURE, OR OPEN PARKING LOT THAT IS PAVED AND  STRIPED  TO  DESIGNATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04196-01-3
              

 S. 2621                             2
 
 INDIVIDUAL PARKING SPACES FOR VEHICLES AND WHICH HAS FIFTY PARKING SPAC-
 ES OR MORE.
   2.  Any  construction project undertaken in this state where the scope
 of such project includes [a parking garage, open parking lot, or  other]
 THE CONSTRUCTION OF A NEW parking facility that offers between fifty and
 two hundred parking spaces shall [be] DELIVER A PARKING FACILITY capable
 of  supporting  electric  vehicle charging stations for a minimum of ten
 percent of available parking spaces through [an electrical raceway]  ONE
 OR  MORE  ELECTRICAL  RACEWAYS to the electric supply panel serving such
 [parking garage, open parking lot, or other] parking facility that shall
 be capable of providing a  minimum  of  forty  [amps]  AMPERES  and  two
 hundred  eight  volts  of  electrical  capacity to each charging station
 connected to the raceway. [Such] A COMMON RACEWAY MAY BE USED  TO  SERVE
 MULTIPLE PARKING SPACES. EACH RACEWAY SHALL TERMINATE IN CLOSE PROXIMITY
 TO  THE PARKING SPACES DESIGNATED FOR ELECTRIC VEHICLES AND INTO A SUIT-
 ABLE LISTED CABINET, BOX, OR OTHER ENCLOSURE. EACH SUCH  raceway,  CABI-
 NET,  BOX  AND  ENCLOSURE  and all OTHER components and work appurtenant
 thereto shall be in accordance with all applicable state,  COUNTY,  city
 [and municipal], TOWN, OR VILLAGE electrical codes.
   3.  Any  construction project undertaken in this state where the scope
 of such project includes [a parking garage, open parking lot, or  other]
 THE  CONSTRUCTION  OF  A  NEW parking facility that offers more than two
 hundred parking spaces shall [be] DELIVER A PARKING FACILITY capable  of
 supporting  electric  vehicle  charging stations for a minimum of twenty
 percent of available parking spaces through [an electrical raceway]  ONE
 OR  MORE  ELECTRICAL  RACEWAYS to the electric supply panel serving such
 [parking garage, open parking lot, or other] parking facility that shall
 be capable of providing a  minimum  of  forty  [amps]  AMPERES  and  two
 hundred  eight  volts  of  electrical  capacity to each charging station
 connected to the raceway. [Such] A COMMON RACEWAY MAY BE USED  TO  SERVE
 MULTIPLE PARKING SPACES. EACH RACEWAY SHALL TERMINATE IN CLOSE PROXIMITY
 TO  THE PARKING SPACES DESIGNATED FOR ELECTRIC VEHICLES AND INTO A SUIT-
 ABLE LISTED CABINET, BOX, OR OTHER ENCLOSURE. EACH SUCH  raceway,  CABI-
 NET,  BOX,  AND  ENCLOSURE and all OTHER components and work appurtenant
 thereto shall be in accordance with all applicable state,  COUNTY,  city
 [and municipal], TOWN, OR VILLAGE electrical codes.
   4.  Nothing in this section shall require the installation of electric
 vehicle charging stations OR ANY OTHER INFRASTRUCTURE  in  any  [parking
 garage,  open  parking lot or other] parking facility EXCEPT AS PROVIDED
 IN SUBDIVISIONS TWO  AND  THREE  OF  THIS  SECTION;  PROVIDED  THAT  ANY
 CONSTRUCTION  PROJECTS UNDERTAKEN PURSUANT TO SUBDIVISIONS TWO AND THREE
 OF THIS SECTION SHALL BE  SUBJECT  TO  THE  PROVISIONS  OF  SECTION  TWO
 HUNDRED TWENTY-FOUR-A OF THE LABOR LAW AS APPLICABLE, PROVIDED, HOWEVER,
 THAT ANY INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS OR ANY OTHER
 INFRASTRUCTURE  SHALL COMPLY WITH THE PROVISIONS OF ARTICLE EIGHT OF THE
 LABOR LAW, INCLUDING THE PAYMENT OF PREVAILING WAGE PURSUANT TO  SECTION
 TWO  HUNDRED  TWENTY OF THE LABOR LAW IN THE LOCALITY WHERE SUCH PARKING
 FACILITY IS LOCATED. PROVIDED, FURTHER, HOWEVER, THAT  NOTHING  IN  THIS
 SECTION SHALL BE INTERPRETED TO MODIFY THE APPLICABILITY OR REQUIREMENTS
 SET FORTH IN ARTICLE EIGHT OF THE LABOR LAW.
   5.  [Any  construction project undertaken pursuant to subdivisions two
 and three of this section shall comply with the  provisions  of  article
 eight of the labor law, including the payment of a wage of not less than
 the  prevailing wage pursuant to section two hundred twenty of the labor
 law in the locality where such parking  garage,  open  parking  lot,  or
 other  parking facility is located] FOR ANY CONSTRUCTION PROJECT COVERED
 S. 2621                             3
 
 BY THIS SECTION, THE PROVISIONS OF SUBDIVISION  TWO  OR  THREE  OF  THIS
 SECTION  SHALL  NOT  APPLY IF THE STATE ENTITY, POLITICAL SUBDIVISION OF
 THE STATE, OR OTHER PUBLIC  AUTHORITY,  PUBLIC  BENEFIT  CORPORATION  OR
 GOVERNMENTAL   UNIT   THAT   IS  PROVIDING  THE  PUBLIC  FUNDS  FOR  THE
 CONSTRUCTION PROJECT FINDS, IN CONSULTATION WITH THE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF PUBLIC SERVICE, THAT COMPLY-
 ING WITH SUCH PROVISIONS WOULD NOT BE IN THE PUBLIC  INTEREST  OR  WOULD
 RESULT  IN UNNECESSARY HARDSHIP. IN MAKING THIS DETERMINATION, THE STATE
 ENTITY OR OTHER GOVERNMENTAL  UNIT  MAY  CONSIDER  THE  AVAILABILITY  OF
 SUFFICIENT  ELECTRICAL  TRANSMISSION  OR  DISTRIBUTION INFRASTRUCTURE OR
 CAPACITY. THE STATE ENTITY  OR  OTHER  GOVERNMENTAL  UNIT  MAY  CONSIDER
 WHETHER  TO  GRANT  A FULL OR PARTIAL EXEMPTION FROM THE REQUIREMENTS OF
 SUBDIVISION TWO OR THREE OF THIS SECTION AND WHETHER THERE ARE  ALTERNA-
 TIVE  MEANS TO MEET THE OBJECTIVES OF THIS SECTION. ANY EXEMPTION DETER-
 MINATION BY A STATE AGENCY OR OTHER GOVERNMENTAL UNIT SHALL BE IN  WRIT-
 ING,  PROVIDED  TO  THE PROJECT OWNER, AND POSTED PUBLICLY ON SUCH STATE
 ENTITY OR GOVERNMENTAL UNIT WEBSITE.
   6. THE REQUIREMENTS OF THIS SECTION ARE  INTENDED  TO  SET  A  MINIMUM
 STANDARD  FOR  THE INSTALLATION OF ELECTRIC VEHICLE CHARGING INFRASTRUC-
 TURE IN CONSTRUCTION PROJECTS. IF THE CONSTRUCTION PROJECT IS SUBJECT TO
 ANY LOCAL, STATE, OR FEDERAL LAW, REGULATION, CODE,  OR  ORDINANCE  THAT
 REQUIRES  A HIGHER PERCENTAGE OF PARKING SPACES TO HAVE CHARGING INFRAS-
 TRUCTURE OR REQUIRES A GREATER AMOUNT OF  CHARGING  INFRASTRUCTURE,  THE
 CONSTRUCTION PROJECT SHALL BE REQUIRED TO COMPLY WITH THOSE REQUIREMENTS
 RATHER THAN THE REQUIREMENTS OF THIS SECTION.
   §  2.  Section  2  of a chapter of the laws of 2022 amending the state
 finance law relating to requiring the construction  of  certain  parking
 facilities  to  be  capable  of  supporting  electric  vehicle  charging
 stations, as proposed in  legislative  bills  numbers  S.  23-B  and  A.
 4386-B, is amended to read as follows:
   §  2.  This  act  shall  take effect [April 1, 2023] ONE YEAR AFTER IT
 SHALL  HAVE  BECOME  A  LAW  and  shall  apply  to  contracts  for   new
 construction entered into on and after such date.
   § 3. This act shall take effect immediately; provided that section one
 of this act shall take effect on the same date and in the same manner as
 a chapter of the laws of 2022 amending the state finance law relating to
 requiring  the  construction of certain parking facilities to be capable
 of supporting electric vehicle charging stations, as proposed in  legis-
 lative bills numbers S. 23-B and A. 4386-B, takes effect.