S T A T E O F N E W Y O R K
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10447
I N A S S E M B L Y
March 6, 2026
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Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general business law, in relation to requiring
applications for retail gas station building permits to include elec-
tric vehicle charging stations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
396-xx to read as follows:
§ 396-XX. RETAIL GAS STATION; DIRECT CURRENT FAST CHARGERS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "RETAIL GAS STATION" SHALL MEAN A FILLING STATION WHERE SUCH FUEL
IS STORED PRIMARILY FOR SALE BY DELIVERY DIRECTLY INTO THE ORDINARY FUEL
TANK CONNECTED WITH THE ENGINE OF A MOTOR VEHICLE TO BE CONSUMED IN THE
OPERATION OF SUCH MOTOR VEHICLE OR WHERE SUCH FUEL IS STORED PRIMARILY
FOR SALE BY DELIVERY DIRECTLY INTO THE ORDINARY FUEL TANK CONNECTED WITH
THE ENGINE OF A VESSEL TO BE CONSUMED IN THE OPERATION OF SUCH VESSEL.
(B) "DEALER" SHALL MEAN ANY PERSON OWNING OR OPERATING A RETAIL GAS
STATION.
(C) "CHARGING STATION" SHALL MEAN THE AREA IN THE IMMEDIATE VICINITY
OF A GROUP OF CHARGERS AND INCLUDES THE CHARGERS, SUPPORTING EQUIPMENT,
PARKING AREAS ADJACENT TO THE CHARGERS, AND LANES FOR VEHICLE INGRESS
AND EGRESS.
(D) "DIRECT CURRENT FAST CHARGER" SHALL MEAN A CHARGER THAT ENABLES
RAPID CHARGING BY DELIVERING DIRECT-CURRENT ELECTRICITY DIRECTLY TO AN
ELECTRIC VEHICLE'S BATTERY.
(E) "ELECTRIC VEHICLE" SHALL MEAN A MOTOR VEHICLE, AS DEFINED BY
SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, WHICH IS
PROPELLED BY ONE OR MORE ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN
BATTERIES OR OTHER ENERGY STORAGE DEVICES.
2. (A) NO BUILDING PERMIT SHALL BE ISSUED TO A DEALER IF THE DOCUMEN-
TATION SUBMITTED FOR SUCH BUILDING PERMIT DOES NOT REFLECT THE INSTALLA-
TION OF AT LEAST ONE ELECTRIC VEHICLE CHARGING STATION USING DIRECT
CURRENT FAST CHARGERS AT SUCH RETAIL GAS STATION PER FOUR GAS DISPENSING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14257-02-6
A. 10447 2
PUMPS, PROVIDED, HOWEVER, THAT RETAIL GAS STATIONS WITH FEWER THAN FOUR
GAS DISPENSING PUMPS SHALL BE EXEMPT FROM THE PROVISIONS OF THIS
SECTION.
(B) NO RETAIL GAS STATION SHALL OPEN FOR BUSINESS PRIOR TO COMPLETING
CONSTRUCTION AND INSTALLATION OF ALL CHARGING STATIONS REQUIRED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION.
§ 2. This act shall take effect one year after it shall have become a
law.