NY State Senate Bill 2023-S5120A

Senate Bill S5120A

Vetoed By Governor

2023-2024 Legislative Session

Relates to establishing electric vehicle charging station reliability reporting and standards

download bill text pdf

Archive: Last Bill Status Via A1721 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2023	tabled vetoed memo.112
Dec 12, 2023	delivered to governor
Jun 09, 2023	returned to assembly passed senate 3rd reading cal.1845 substituted for s5120b
Jun 09, 2023	substituted by a1721b ordered to third reading cal.1845 committee discharged and committed to rules
May 25, 2023	print number 5120b
May 25, 2023	amend and recommit to finance
May 23, 2023	reported and committed to finance
Mar 01, 2023	print number 5120a
Mar 01, 2023	amend and recommit to energy and telecommunications
Feb 23, 2023	referred to energy and telecommunications

Votes

- Jun 9, 2023 - Floor Vote
  A1721
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (1)
      
      Felder
      
      The following Member(s) participated via videoconferencing: Cooney
  Jun 9, 2023 - Rules Committee Vote
  S5120A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Lanza
  May 23, 2023 - Energy And Telecommunications Committee Vote
  S5120A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 23, 2023
      
      aye (8)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Mannion
      
      Mattera
      
      Parker
      
      Walczyk
      
      aye wr (1)
      
      O'Mara

Bill Amendments

Original

B (Active)

2023-S5120 - Details

See Assembly Version of this Bill:: A1721
Law Section:: Public Service Law
Laws Affected:: Add §66-u, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S9204, A10688

2023-S5120 - Summary

Relates to establishing electric vehicle charging station reliability reporting and standards; requires the commission to develop reliability, recordkeeping and reporting standards for electric vehicle charging stations by January 1, 2025.

2023-S5120 - Sponsor Memo

                                 
BILL NUMBER: S5120

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
electric vehicle charging station reliability reporting and standards

 
PURPOSE OR GENERAL IDEA OF BILL:

To assess and improve the reliability of electric vehicle charging
stations.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the public service law to add a new
section 66-u to establish electric vehicle charging station reliability
reporting and standards.

Section two provides for an immediate effective date.

JUSTIFICATION:

Increasing consumer confidence in electric vehicle convenience and
accessibility depends on robust, publicly available charging stations.
Despite significant state progress deploying publicly available charging
stations, many New Yorkers still lack access to them, including those in
low-income, disadvantaged, and rural communities, those residing in
multi-family housing, and some dense urban areas. Publicly available
charging stations not only need to be widely available across all commu-
nities, but they also need to be highly reliable so that consumers can
depend on them no matter where they are. Service providers, manufactur-
ers, site hosts, and charging station maintenance technicians must work
together to effectively monitor and resolve software and hardware fail-
ures.

If the state is going to increase consumer confidence in electric vehi-
cles and public charging stations, it must understand the performance of
publicly funded infrastructure to assess if there are issues with reli-
ability, and, if so, address these issues with policies and tools to
protect consumers. This bill will provide the State with a comprehensive
assessment of the reliability of publicly funded charging stations, and
direct the Public Service Commission to establish minimum industry stan-
dards and state incentives to improve electric vehicle charging station
reliability.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S9204A - referred to energy and telecommunications

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5120 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5120
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public service law, in relation to establishing
   electric vehicle charging station reliability reporting and standards

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-u to read as follows:
   § 66-U. ELECTRIC VEHICLE CHARGING STATION  RELIABILITY  REPORTING  AND
 MAINTENANCE  STANDARDS.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "CHARGING STATION" MEANS AN ELECTRICAL COMPONENT ASSEMBLY OR CLUS-
 TER OF COMPONENT ASSEMBLIES DESIGNED SPECIFICALLY  TO  CHARGE  BATTERIES
 WITHIN ELECTRIC VEHICLES BY PERMITTING THE TRANSFER OF ELECTRICAL ENERGY
 TO A BATTERY OR OTHER STORAGE DEVICE IN AN ELECTRIC VEHICLE;
   (B)  "EXCLUDED  TIME"  MEANS  THE  TIME  NOT INCLUDED WHEN CALCULATING
 UPTIME, AS DETERMINED PURSUANT TO THE DETERMINATION MADE BY THE  COMMIS-
 SION PURSUANT TO SUBDIVISION THREE OF THIS SECTION; AND
   (C) "UPTIME" MEANS THE TIME A CHARGING STATION'S HARDWARE AND SOFTWARE
 ARE  BOTH  OPERATIONAL  AND THE CHARGING STATION IS ABLE TO SUCCESSFULLY
 DISPENSE ELECTRICITY. "UPTIME" SHALL NOT INCLUDE EXCLUDED TIME.
   2. BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-FOUR, AN ENTITY THAT  IS
 RECEIVING  AN  INCENTIVE FUNDED BY A STATE AGENCY OR THROUGH A CHARGE ON
 RATEPAYERS TO INSTALL, OWN, OR OPERATE A CHARGING STATION, IN  WHOLE  OR
 IN  PART,  SHALL  REPORT  CHARGING STATION UPTIME TO THE COMMISSION. THE
 SERVICE PROVIDER SELECTED BY SUCH ENTITY TO PROVIDE ELECTRICITY FOR SUCH
 CHARGING STATIONS SHALL PROVIDE THIS DATA ON BEHALF OF  THE  ENTITY  AND
 WORK  WITH  THE STATION MANUFACTURER AND THE SITE HOST THROUGH A SERVICE
 LEVEL AGREEMENT TO  ENSURE  BOTH  SOFTWARE  AND  HARDWARE  FAILURES  ARE
 CAPTURED  AND RESOLVED DURING THE REQUIRED REPORTING PERIOD. THE SERVICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04265-01-3

 S. 5120                             2
 
 PROVIDER MAY ALSO SELECT A DESIGNEE QUALIFIED IN THE ELECTRONICS  OPERA-
 TION, MAINTENANCE, AND REPAIR OF CHARGING STATIONS TO PROVIDE THIS DATA.
 ENTITIES THAT RECEIVE FUNDING SHALL PROVIDE THIS INFORMATION FOR A MINI-
 MUM  OF  FIVE  YEARS  FROM  THE  DATE ON WHICH THE FUNDING WAS RECEIVED,
 UNLESS THE COMMISSION DETERMINES MORE TIME IS NEEDED TO COLLECT DATA.
   3. THE COMMISSION SHALL DEVELOP  A  FORMULA  TO  CALCULATE  UPTIME  TO
 PROVIDE  CONSISTENT,  STANDARDIZED REPORTING OF OVERALL CHARGING STATION
 UPTIME.   THE COMMISSION SHALL  DETERMINE  WHAT  EVENTS  THAT  RENDER  A
 STATION  INOPERABLE  CONSTITUTE EXCLUDED TIME FOR PURPOSES OF DEVELOPING
 THE FORMULA. THE COMMISSION SHALL DETERMINE WHO  SHOULD  BE  ACCOUNTABLE
 FOR RESOLUTION OF DAMAGES UNDER EXCLUDED EVENTS, INCLUDING VANDALISM AND
 EXTREME WEATHER EVENTS. EXCLUDED EVENTS SHALL BE REPORTED TO THE COMMIS-
 SION SEPARATELY.
   4.  BEGINNING  OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSION
 SHALL ASSESS THE UPTIME OF PUBLIC- AND RATEPAYER-FUNDED CHARGING STATION
 INFRASTRUCTURE, INCLUDING WHETHER  THERE  ARE  DIFFERENCES  IN  CHARGING
 STATION  UPTIME  BY POPULATION DENSITY, GEOGRAPHICAL AREA, OR POPULATION
 INCOME LEVEL. THE COMMISSION  SHALL  UPDATE  THE  ASSESSMENTS  PERFORMED
 PURSUANT  TO  THIS  SUBDIVISION  EVERY  TWO  YEARS. THE COMMISSION SHALL
 PROTECT CONFIDENTIAL BUSINESS INFORMATION OF THE REPORTING  PERSONS  AND
 ENTITIES,  INCLUDING BUT NOT LIMITED TO, ANONYMIZING AND AGGREGATING THE
 UPTIME DATA, TO ENSURE NO INDIVIDUAL UPTIME DATA IS IDENTIFIABLE IN  ITS
 ASSESSMENTS AND REPORTS.
   5.  ON  OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMIS-
 SION SHALL DEVELOP MINIMUM INDUSTRY OPERATIONAL STANDARDS FOR  THE  LONG
 TERM  MAINTENANCE, PRESERVATION, RELIABILITY, AND UPTIME REQUIREMENTS OF
 PUBLICLY FUNDED ELECTRIC VEHICLE CHARGING EQUIPMENT. AN ENTITY RECEIVING
 PUBLIC FUNDING SHALL OPERATE CHARGING STATIONS IN  COMPLIANCE  WITH  THE
 STANDARDS DEVELOPED BY THE COMMISSION.
   6.  ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSION
 SHALL DEVELOP TOOLS OR INCENTIVES TO IMPROVE CHARGING STATION  RELIABIL-
 ITY.
   § 2. This act shall take effect immediately.

2023-S5120A - Details

See Assembly Version of this Bill:: A1721
Law Section:: Public Service Law
Laws Affected:: Add §66-u, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S9204, A10688

2023-S5120A - Summary

2023-S5120A - Sponsor Memo

                                 
BILL NUMBER: S5120A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
electric vehicle charging station reliability reporting and standards

 
PURPOSE OR GENERAL IDEA OF BILL:

To assess and improve the reliability of electric vehicle charging
stations.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the public service law to add a new
section 66-u to establish electric vehicle charging station reliability
reporting and standards.

Section two provides for an immediate effective date.

JUSTIFICATION:

Increasing consumer confidence in electric vehicle convenience and
accessibility depends on robust, publicly available charging stations.
Despite significant state progress deploying publicly available charging
stations, many New Yorkers still lack access to them, including those in
low-income, disadvantaged, and rural communities, those residing in
multi-family housing, and some dense urban areas. Publicly available
charging stations not only need to be widely available across all commu-
nities, but they also need to be highly reliable so that consumers can
depend on them no matter where they are. Service providers, manufactur-
ers, site hosts, and charging station maintenance technicians must work
together to effectively monitor and resolve software and hardware fail-
ures.

If the state is going to increase consumer confidence in electric vehi-
cles and public charging stations, it must understand the performance of
publicly funded infrastructure to assess if there are issues with reli-
ability, and, if so, address these issues with policies and tools to
protect consumers. This bill will provide the State with a comprehensive
assessment of the reliability of publicly funded charging stations, and
direct the Public Service Commission to establish minimum industry stan-
dards and state incentives to improve electric vehicle charging station
reliability.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S9204A - referred to energy and telecommunications FISCAL

 
IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5120A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5120--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   electric vehicle charging station reliability reporting and standards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 66-u to read as follows:
   §  66-U.  ELECTRIC  VEHICLE CHARGING STATION RELIABILITY REPORTING AND
 MAINTENANCE STANDARDS. 1. FOR PURPOSES OF THIS  SECTION,  THE  FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "UPTIME" MEANS AN ELECTRIC VEHICLE CHARGER'S HARDWARE AND SOFTWARE
 ARE  BOTH  OPERATIONAL  AND  THE  ELECTRIC  VEHICLE CHARGER SUCCESSFULLY
 DISPENSES ELECTRICITY;
   (B) "CHARGING STATION" MEANS AN ELECTRICAL COMPONENT ASSEMBLY OR CLUS-
 TER OF COMPONENT ASSEMBLIES DESIGNED SPECIFICALLY  TO  CHARGE  BATTERIES
 WITHIN ELECTRIC VEHICLES BY PERMITTING THE TRANSFER OF ELECTRICAL ENERGY
 TO A BATTERY OR OTHER STORAGE DEVICE IN AN ELECTRIC VEHICLE; AND
   (C)  "EXCLUDED  TIME"  MEANS  THE  TIME  NOT INCLUDED WHEN CALCULATING
 UPTIME, AS DETERMINED PURSUANT TO THE DETERMINATION MADE BY THE  COMMIS-
 SION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   2. THE COMMISSION SHALL DEVELOP RELIABILITY, RECORDKEEPING AND REPORT-
 ING  STANDARDS  FOR  ELECTRIC  VEHICLE CHARGERS AND CHARGING STATIONS BY
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, PROVIDED SUCH STANDARDS SHALL:
   (A) ONLY BE APPLICABLE  TO  ELECTRIC  VEHICLE  CHARGERS  AND  CHARGING
 STATIONS  THAT  RECEIVED  AN  INCENTIVE FUNDED BY (I) THE STATE, OR (II)
 THROUGH A CHARGE ON RATEPAYERS;
   (B) APPLY TO SUCH ELECTRIC VEHICLE CHARGERS AND CHARGING STATIONS  FOR
 A MINIMUM OF AT LEAST SIX YEARS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04265-03-3

 S. 5120--A                          2
 
   (C)  FIRST  APPLY  TO  ELECTRIC VEHICLE CHARGERS AND CHARGING STATIONS
 INSTALLED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
   3. THE COMMISSION SHALL CREATE A FORMULA TO CALCULATE UPTIME AND SHALL
 APPLY  IT  TO  EACH  ELECTRIC  VEHICLE  CHARGER  AND CHARGING STATION TO
 PROVIDE CONSISTENT, STANDARDIZED REPORTING OF INFORMATION ANNUALLY.
   4. THE COMMISSION SHALL DETERMINE WHAT EVENTS THAT  MAKE  AN  ELECTRIC
 VEHICLE  CHARGER  INOPERABLE  CONSTITUTE  EXCLUDED  TIME FOR PURPOSES OF
 DEVELOPING THE FORMULA CREATED IN SUBDIVISION THREE OF THIS SECTION. THE
 COMMISSION SHALL ONLY CONSIDER EVENTS THAT ARE OUTSIDE  OF  AN  ELECTRIC
 VEHICLE  CHARGER OPERATOR'S CONTROL FOR PURPOSES OF MAKING SUCH DETERMI-
 NATION WHICH MAY INCLUDE UPSTREAM ISSUES RELATED TO THE ELECTRICAL GRID,
 INTERNET AND CELLULAR CONNECTIVITY, AND VANDALISM, AS DETERMINED THROUGH
 A PROCESS FOR PUBLIC INPUT.
   5. THE COMMISSION SHALL DEVELOP MINIMUM INDUSTRY OPERATIONAL STANDARDS
 WHICH MAY VARY BY TECHNOLOGY TYPE,  POWER  LEVELS,  NUMBER  OF  ELECTRIC
 VEHICLE  CHARGERS  PER  SITE,  AND  SITE  OWNERSHIP. FACTORS MAY INCLUDE
 WHETHER ELECTRIC VEHICLE CHARGERS ARE NETWORKED, WHETHER ELECTRIC  VEHI-
 CLE CHARGERS ARE LEVEL 1 OR 2, DIRECT CURRENT FAST CHARGERS, AND WHETHER
 ELECTRIC  VEHICLE  CHARGERS  ARE  ALL  INCLUSIVE  MOBILE  SOLAR CHARGING
 STATIONS.
   6. BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX  AND  EVERY  TWO
 YEARS THEREAFTER, THE COMMISSION SHALL ASSESS THE UPTIME OF THE ELECTRIC
 VEHICLE  CHARGING  STATION  INFRASTRUCTURE,  INCLUDING  AT  MINIMUM,  AN
 ASSESSMENT OF EQUITABLE ACCESS TO RELIABLE CHARGING  STATIONS  IN  LOW-,
 MODERATE-, AND HIGH-INCOME COMMUNITIES. ANY DATA PUBLISHED OR MAINTAINED
 FOR  ANY  PUBLIC  FACING  PURPOSE BY THE COMMISSION SHALL BE AGGREGATED,
 ANONYMIZED, AND NOT COMPANY SPECIFIC.
   7. BEGINNING JANUARY FIRST,  TWO  THOUSAND  TWENTY-FIVE,  ALL  FUNDING
 RECIPIENTS  PARTICIPATING  IN  PROGRAMS  PRESCRIBED  IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION SHALL MAINTAIN A MINIMUM  SERVICE  LEVEL
 AGREEMENT  TO  REPAIR  AND MAINTAIN THE ELECTRIC VEHICLE CHARGING EQUIP-
 MENTS' HARDWARE AND SOFTWARE. TO REACH CONSISTENT RELIABILITY  AND  HIGH
 UPTIME,  A SERVICE LEVEL AGREEMENT SHALL BE IN EFFECT ONCE THE APPLICANT
 IS APPROVED. THE SERVICE LEVEL AGREEMENT SHALL BE IMPLEMENTED BEFORE THE
 CHARGER IS COMMISSIONED FOR  USE.  THE  SERVICE  LEVEL  AGREEMENT  SHALL
 REMAIN  IN  EFFECT FOR A MINIMUM OF SIX YEARS. THE COMMISSION MAY DETER-
 MINE IF MORE TIME SHALL BE REQUIRED.
   8. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  THE
 COMMISSION SHALL INCLUDE THESE REPORTING AND RELIABILITY REQUIREMENTS AS
 A  CONDITION OF RECEIVING STATE INCENTIVES FOR ELECTRIC VEHICLE CHARGERS
 AND CHARGING STATIONS.
   § 2. This act shall take effect immediately.

2023-S5120B (ACTIVE) - Details

See Assembly Version of this Bill:: A1721
Law Section:: Public Service Law
Laws Affected:: Add §66-u, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S9204, A10688

2023-S5120B (ACTIVE) - Summary

2023-S5120B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5120B

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
electric vehicle charging station reliability reporting and standards

 
PURPOSE OR GENERAL IDEA OF BILL:

To assess and improve the reliability of electric vehicle charging
stations.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the public service law to add a new
section 66-u to establish electric vehicle charging station reliability,
reporting, and standards.

Section two provides for an immediate effective date.

JUSTIFICATION:

Increasing consumer confidence in electric vehicle convenience and
accessibility depends on robust, publicly available charging stations.
Despite significant state progress deploying publicly available charging
stations, many New Yorkers still lack access to them, including those in
low-income, disadvantaged, and rural communities, those residing in
multi-family housing, and some dense urban areas. Publicly available
charging stations not only need to be widely available across all commu-
nities, but they also need to be highly reliable so that consumers can
depend on them no matter where they are. Service providers, manufactur-
ers, site hosts, and charging station maintenance technicians must work
together to effectively monitor and resolve software and hardware fail-
ures.

If the state is going to increase consumer confidence in electric vehi-
cles and public charging stations, it must understand the performance of
publicly funded infrastructure to assess if there are issues with reli-
ability, and, if so, address these issues with policies and tools to
protect consumers. This bill will provide the State with a comprehensive
assessment of the reliability of publicly funded charging stations, and
direct the Public Service Commission to establish minimum industry stan-
dards and state incentives to improve electric vehicle charging station
reliability.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S9204A - referred to energy and telecommunications

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5120B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5120--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee and committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   electric vehicle charging station reliability reporting and standards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 66-w to read as follows:
   §  66-W. ELECTRIC VEHICLE CHARGING STATION RELIABILITY, RECORDKEEPING,
 AND REPORTING STANDARDS. 1. FOR PURPOSES OF THIS SECTION "UPTIME"  MEANS
 AN  ELECTRIC VEHICLE CHARGER'S HARDWARE AND SOFTWARE NECESSARY TO INITI-
 ATE A CHARGING STATION ARE BOTH OPERATIONAL  AND  THE  ELECTRIC  VEHICLE
 CHARGER SUCCESSFULLY DISPENSES ELECTRICITY.
   2.  THE  COMMISSION  SHALL THROUGH A STAKEHOLDER PROCESS DEVELOP RELI-
 ABILITY, RECORDKEEPING AND  REPORTING  STANDARDS  FOR  ELECTRIC  VEHICLE
 CHARGING  STATIONS  BY JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, PROVIDED
 SUCH STANDARDS SHALL:
   (A) ONLY BE APPLICABLE TO PUBLICLY-AVAILABLE ELECTRIC VEHICLE CHARGING
 STATIONS THAT RECEIVED AN INCENTIVE FUNDED BY (I)  THE  STATE,  OR  (II)
 THROUGH A CHARGE ON RATEPAYERS;
   (B)  APPLY TO SUCH ELECTRIC VEHICLE CHARGING STATIONS FOR A MINIMUM OF
 FIVE YEARS; AND
   (C) APPLY TO PUBLICLY-AVAILABLE  ELECTRIC  VEHICLE  CHARGING  STATIONS
 INSTALLED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
   3. THE COMMISSION SHALL THROUGH A STAKEHOLDER PROCESS CREATE A FORMULA
 TO  CALCULATE  UPTIME  AND  DETERMINE  WHAT EVENTS THAT MAKE AN ELECTRIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04265-04-3

 S. 5120--B                          2
 
 VEHICLE CHARGER INOPERABLE CONSTITUTE  EXCLUDED  TIME  FOR  PURPOSES  OF
 DEVELOPING THE FORMULA.
   4.  THE COMMISSION SHALL AT A MINIMUM CONSIDER EVENTS THAT ARE OUTSIDE
 OF AN ELECTRIC VEHICLE CHARGER OPERATOR'S CONTROL FOR PURPOSES OF MAKING
 SUCH DETERMINATION WHICH, INCLUDES  ISSUES  RELATED  TO  THE  ELECTRICAL
 GRID,  FORCE  MAJEURE,  THIRD  PARTY  DAMAGE, POWER OUTAGE, SUPPLY CHAIN
 DISRUPTIONS, INTERNET AND CELLULAR CONNECTIVITY, AND VANDALISM AND OTHER
 ITEMS OUTSIDE THE REASONABLE CONTROL OF THE  OPERATOR  OF  THE  CHARGING
 STATION,  AS  DETERMINED  THROUGH  A  PROCESS FOR PUBLIC INPUT.   UPTIME
 REQUIREMENTS SHALL BE MEASURED ON A PER SITE BASIS TO ENSURE CONSISTENCY
 AMONG TECHNOLOGY TYPE AND POWER LEVELS.
   5. BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX  AND  EVERY  TWO
 YEARS THEREAFTER, THE COMMISSION SHALL ASSESS THE UPTIME OF THE ELECTRIC
 VEHICLE  CHARGING  STATION  INFRASTRUCTURE,  INCLUDING  AT  MINIMUM,  AN
 ASSESSMENT OF EQUITABLE ACCESS TO RELIABLE  CHARGING  STATIONS  IN  LOW,
 MODERATE,  AND HIGH-INCOME COMMUNITIES. ANY DATA PUBLISHED OR MAINTAINED
 FOR ANY PUBLIC FACING PURPOSE BY THE  COMMISSION  SHALL  BE  AGGREGATED,
 ANONYMIZED, AND NOT COMPANY SPECIFIC.
   6.  ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSION
 SHALL DEVELOP TOOLS OR INCENTIVES TO IMPROVE CHARGING STATION  RELIABIL-
 ITY.
   7.  NOTWITHSTANDING  ANY  LAW, RULE OR REGULATION TO THE CONTRARY, THE
 COMMISSION SHALL INCLUDE THESE REPORTING AND RELIABILITY REQUIREMENTS AS
 A CONDITION OF RECEIVING STATE INCENTIVES FOR ELECTRIC VEHICLE  CHARGING
 STATIONS.
   § 2. This act shall take effect immediately.

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