NY State Senate Bill 2023-S487A

Senate Bill S487A

2023-2024 Legislative Session

Directs the New York State Department of Transportation to promulgate rules and regulations for the standardization of public charging stations for electric vehicles

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Apr 25, 2023	print number 487a
Apr 25, 2023	amend and recommit to transportation
Jan 04, 2023	referred to transportation

Bill Amendments

Original

A (Active)

2023-S487 - Details

See Assembly Version of this Bill:: A1158
Current Committee:: Senate Transportation
Law Section:: Transportation
Versions Introduced in 2021-2022 Legislative Session:: S7340, A8057

2023-S487 - Summary

Directs 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.

2023-S487 - Sponsor Memo

                                 
BILL NUMBER: S487

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the New York State Department of Transportation to promulgate
rules and regulations for the standardization of public charging
stations for electric vehicles

 
SUMMARY OF PROVISIONS:

Section 1 states the purpose of the bill: 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.

Section 2 sets forth the definitions in the provisions of this act.

Section 3. Charging spaces. (a) This section requires that public charg-
ing station complexes shall provide for no less than eight electric
vehicle charging spaces. Four electric vehicle chargers shall offer the
two most used level 2 slow charger and level 3 fast charger technolo-
gies. The remaining four spaces shall only contain level 3 charger tech-
nologies. (b) Only those charging plug-in electric vehicle or battery
electric vehicle can park in a space equipped with an electric vehicle
charger.

Section 4 prohibits owners and operators of public electric vehicle
charging stations from requiring a subscription, application, a member-
ship in any club, association, or organization as a condition of using
the electric vehicle charger and shall accept all major credit cards as
defined in section 521 of the General Business Law and not require a
credit card distributed by the charging station's owner or operator.
Other payment options may be available.

Section 5 (a) prohibits owners and operators of electric Vehicle charg-
ing stations from charging customers by-the-minute and requires charging
customers per kilowatt hours. The unit price of the kilowatt hours shall
be displayed on the face of each station prior to and at any point
during the customer's transaction.

(b) Notwithstanding the provisions above in Section 5(a), owners and
operators of electric vehicle charging stations may impose restrictions
on the amount of time that an electric vehicle may be charged at a
station. Upon becoming fully charged, a $10 fee may be imposed for each
half hour or part thereof that a vehicle is parked beyond the time
necessary to charge the vehicle in addition to the cost of electricity.


Section 6 exempts electric vehicle charging stations from being defined
as an electricity corporation as defined in section 2 of the Public
Service Law.

Section 7 (a) requires that owners and operators of public electric
vehicle charging stations must maintain signage at charging stations
that displays the status of each electric vehicle charger, the total
number of chargers and the number of available chargers, and how long a
wait for the next charger to be available, the name and address and
phone number of the owner and operator, the cost of charging including
any additional fees that may be charged beyond the cost of electricity
for non-charging vehicles, and any rules and regulations that customers
must follow at the charging station complex when using an electric vehi-
cle charger.

(b) Publicly owned highway signs or signs at the exits of highways that
display information about the availability and location of gas stations
shall also provide information regarding the availability and location
of public electric vehicle charging stations, including the number of
chargers and the distance to the charging complex.

Section 8 exempts non-public charging complexes which are not for use by
the general public from the requirements under the provisions of this
act provided that signage is clearly displayed that no electric vehicle
chargers are available for use by the general public except for custom-
ers of the business or those vehicles owned by the business.

Section 9 sets forth the effective date which is immediately.

 
JUSTIFICATION:

With the rapid increase in the availability of electric vehicles, we
need to ensure that electric vehicle charging stations become as conven-
ient and accessible as gas stations as soon as possible. Until this
happens, our switch to electric vehicles will remain theoretical.

We also need to ensure that each charging station is properly equipped
to charge the two most used commercially available charging technolo-
gies. No one wants to embark on a long trip and find themselves in need
of a charge only to discover that the nearest station isn't equipped to
charge their particular vehicle.

Currently, there are three basic types of electric vehicle charging
technology: Level 1 is for charging at homes. Level 2, commonly known as
a "slow charger," delivers electricity through an AC current.  Level 3,
commonly known as a "fast charger," delivers electricity through a DC
current. Level 2 takes from 3 to .8 hours to fully charge. Level 3 takes
approximately 30 minutes to fully charge. (For comparison, Level 1
charging at home takes about 8 to 12 hours to fully charge.)

This bill would require all public charging stations to have no less
than eight electric vehicle charging spaces. Four electric vehicle char-
gers shall offer the two most used level 2 slow charger and level 3 fast
charger technologies. The remaining four spaces shall only contain level
3 charger technologies.

Because of the time required to charge an electric vehicle, cars cannot
continue to occupy a spot beyond the time it requires to charge their
car. That is why there will be a penalty of $10.00 for every additional
half hour or part of a half hour that a vehicle occupies a charging spot
over the time necessary to charge it.

Public charging stations are prohibited from requiring an application or
membership as a condition of use and must accept all major credit cards.

These rules do not apply to private charging stations, which are not
open to the general public.

These minimum standards for public charging stations will encourage the
use of electric vehicles. Without convenient and universal public charg-
ing stations, it will take us decades to make the"transition to electric
vehicles.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022:.S7340

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S487 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    487
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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 six of section four hundred one 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  storage  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
 vehicles  and which is not open to the general public, including but not
 limited to, dealerships, sales offices and service departments or  auto-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02177-01-3

 S. 487                              2
 
 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  2  electric  vehicle  charger" or "slow charger" means an
 electric vehicle charger that when  connected  to  an  electric  vehicle
 delivers electricity through an AC current. Level 2 chargers are common-
 ly known as the slow chargers.
   (g) "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.
   (h)  "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.
   (i)  "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  2  slow
 charger  and  level  3 fast charger technologies on four of the electric
 vehicle chargers for four of the spaces. The four remaining spaces shall
 be serviced by chargers containing only level 3 technologies.
   (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 electricity 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
 S. 487                              3
 
 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
 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.

2023-S487A (ACTIVE) - Details

See Assembly Version of this Bill:: A1158
Current Committee:: Senate Transportation
Law Section:: Transportation
Versions Introduced in 2021-2022 Legislative Session:: S7340, A8057

2023-S487A (ACTIVE) - Summary

2023-S487A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S487A

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the New York State Department of Transportation to promulgate
rules and regulations for the standardization of public charging
stations for electric vehicles

 
SUMMARY OF PROVISIONS:

Section 1 states the purpose of the bill: 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.

Section 2 sets forth the definitions in the provisions of this act.

Section 3. Charging spaces. (a) This section requires that public charg-
ing station complexes shall provide for no less than eight electric
vehicle charging spaces. All eight electric vehicle chargers shall offer
the two most used level 3 fast charger technologies. (b) Only those
charging plug-in electric vehicle or battery electric vehicle can park
in a space equipped with an electric vehicle charger.

Section 4 prohibits owners and operators of public electric vehicle
charging stations from requiring a subscription, application, a member-
ship in any club, association, or organization as a condition of using
the electric vehicle charger and shall accept all major credit cards as
defined in section 521 of the General Business Law and not require a
credit card distributed by the charging station's owner or operator.
Other payment options may be available.

Section 5 (a) prohibits owners and operators of electric vehicle charg-
ing stations from charging customers by-the-minute and requires charging
customers per kilowatt hours. The unit price of the kilowatt hours shall
be displayed on the face of each station prior to and at any point
during the customer's transaction.

(b) Notwithstanding the provisions above in Section 5(a), owners and
operators of electric vehicle charging stations may impose restrictions
on the amount of time that an electric vehicle may be charged at a
station. Upon becoming fully charged, a $10 fee may be imposed for each
half hour or part thereof that a vehicle is parked beyond the time
necessary to charge the vehicle in addition to the cost of electricity.

Section 6 exempts electric vehicle charging stations from being defined
as an electricity corporation as defined in section 2 of the Public
Service Law.
Section 7 (a) requires that owners and operators of public electric
vehicle charging stations must maintain signage at charging stations
that displays the status of each electric vehicle charger, the total
number of chargers and the number of available chargers, and how long a
wait for the next charger to be available, the name and address and
phone number of the owner and operator, the cost of charging including
any additional fees that may be charged beyond the cost of electricity
for non-charging vehicles, and any rules and regulations that customers
must follow at the charging station complex when using an electric vehi-
cle charger.

(b) Publicly owned highway signs or signs at the exits of highways that
display information about the availability and location of gas stations
shall also provide information regarding the availability and location
of public electric vehicle charging stations, including the number of
chargers and the distance to the charging complex.

Section 8 exempts non-public charging complexes which are not for use by
the general public from the requirements under the provisions of this
act provided that signage is clearly displayed that no electric vehicle
chargers are available for use by the general public except for custom-
ers of the business or those vehicles owned by the business.

Section 9 sets forth the effective date which is immediately.

 
JUSTIFICATION:

With the rapid increase in the availability of electric vehicles, we
need to ensure that electric vehicle charging stations become as conven-
ient and accessible as gas stations as soon as possible. Until this
happens, our switch to electric vehicles will remain theoretical.

We also need to ensure that each charging station is properly equipped
to charge the two most used commercially available fast charging Level 3
technologies. No one wants to embark on a long trip and find themselves
in need of a charge only to discover that the nearest station isn't
equipped to charge their vehicle.

Currently, there are three basic types of electric vehicle charging
technology: Level 1 is for charging at homes. Level 2, commonly known as
a "slow charger," delivers electricity through an AC current.  Level 3,
commonly known as a "fast charger," delivers electricity through a DC
current. Level 1 charging at home takes about 8 to 12 hours to fully
charge.

Level 2 takes from 3 to 8 hours to fully charge. Level 3 takes approxi-
mately 30 minutes to fully charge.

This bill would require all public charging stations to have no less
than eight electric vehicle charging spaces, all of which shall offer
the two most used level 3 fast charger technologies.

Because of the time required to charge an electric vehicle, cars cannot
continue to occupy a spot beyond the time it requires to charge their
car. That is why there will be a penalty of $10.00 for every additional
half hour or part of a half hour that a vehicle occupies a charging spot
over the time necessary to charge it.

Public charging stations are prohibited from requiring an application or
membership as a condition of use and must accept all major credit cards.

These rules do not apply to private charging stations, which are not
open to the general public.

These minimum standards for public charging stations will encourage the
use of electric vehicles. Without convenient and universal public charg-
ing stations, it will take us decades to make the transition to electric
vehicles.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A8057 - Referred to Assembly Transportation Committee

S7340 - Referred to Senate Transportation Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S487A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  487--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.
                                                            LBD02177-05-3

 S. 487--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
 S. 487--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.

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