S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  491--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. WOERNER, GRIFFIN -- read once and referred to the
   Committee  on  Energy  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation  to  building  make-
   ready  electrical infrastructure for the charging of electric vehicles
   for public serving fleet vehicles
 
   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-x to read as follows:
   § 66-X. MAKE-READY ELECTRICAL INFRASTRUCTURE.  1.  LEGISLATIVE  INTENT
 AND  PURPOSE.  IT IS THE INTENT AND PURPOSE OF THIS SECTION TO IMPLEMENT
 COST EFFECTIVE AND UNIFIED TREATMENT BY ELECTRIC CORPORATIONS  OF  ELEC-
 TRICAL  DISTRIBUTION  INFRASTRUCTURE,  AND  CERTAIN CUSTOMER-OWNED MAKE-
 READY INFRASTRUCTURE, NEEDED TO CHARGE  ELECTRIC  PUBLIC  SERVING  FLEET
 VEHICLES;  AND  PROVIDE  FOR  CERTAIN COSTS OF SUCH INFRASTRUCTURE TO BE
 INCLUDED IN ELECTRIC CORPORATIONS' RATE BASES  AND  GENERALLY  RECOVERED
 THROUGH RATES OR SURCHARGES, INSTEAD OF DIRECTLY FROM THE PUBLIC SERVING
 FLEET  CUSTOMERS  SERVED BY SUCH INFRASTRUCTURE. NOTHING IN THIS SECTION
 SHALL MODIFY ANY OBLIGATION OF AN ELECTRIC CORPORATION TO PROVIDE A FULL
 AND ACCURATE ACCOUNTING OF  COSTS  RELATED  TO  ELECTRICAL  DISTRIBUTION
 INFRASTRUCTURE NEEDED TO CHARGE ELECTRIC VEHICLES.
   2.  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRICAL DISTRIBUTION INFRASTRUCTURE" MEANS ANY UTILITY FACILI-
 TIES USED TO DISTRIBUTE ELECTRIC  SERVICE  TO  CUSTOMERS,  AND  INCLUDES
 POLES,  VAULTS,  SERVICE  DROPS, TRANSFORMERS, MOUNTING PADS, TRENCHING,
 CONDUIT, WIRE, CABLE, METERS, OTHER EQUIPMENT AS NECESSARY, AND  ASSOCI-
 ATED ENGINEERING AND CIVIL CONSTRUCTION WORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00265-03-5
              

 A. 491--A                           2
 
   (B)  "UTILITY-OWNED  MAKE-READY COSTS" MEANS ANY CAPITAL INVESTMENT IN
 ELECTRICAL DISTRIBUTION INFRASTRUCTURE NEEDED TO CONNECT AND SERVE A NEW
 ELECTRIC VEHICLE CHARGER, INCLUDING  STEP  DOWN  TRANSFORMERS,  OVERHEAD
 SERVICE LINES, AND UTILITY METERS.
   (C)  "CUSTOMER-OWNED MAKE-READY COSTS" MEANS ANY CAPITAL INVESTMENT IN
 EQUIPMENT OR INFRASTRUCTURE BEYOND THE UTILITY SERVICE  POINT  NECESSARY
 TO  MAKE  A  SITE READY TO ACCEPT AN ELECTRIC VEHICLE CHARGER, INCLUDING
 CONDUCTORS, TRENCHING, AND PANELS.
   (D) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISADVAN-
 TAGED COMMUNITY UNDER ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL  CONSER-
 VATION LAW.
   (E) "PUBLIC SERVING FLEET" MEANS A FLEET OF VEHICLES OWNED, LEASED, OR
 CONTRACTED  BY  THE  STATE, ANY MUNICIPALITY, PUBLIC AUTHORITY OR SCHOOL
 DISTRICT.
   3. REASONABLE  EFFORTS  REQUIRED.  ELECTRIC  CORPORATIONS  SHALL  MAKE
 REASONABLE  EFFORTS  TO ENSURE THAT ANY INFRASTRUCTURE BUILT PURSUANT TO
 THIS SECTION  IS  EFFICIENTLY  SIZED  AND  OPERATED.  SUCH  EFFORTS  MAY
 INCLUDE,  BUT NOT BE LIMITED TO, CONSIDERING CUSTOMERS' REASONABLY FORE-
 SEEABLE LOAD MANAGEMENT ACTIVITIES AND DEPLOYMENTS OF DISTRIBUTED ENERGY
 RESOURCES.
   4. APPLICATION. NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS  SECTION,  ALL ELECTRIC CORPORATIONS SHALL FILE AN APPLICATION WITH
 THE COMMISSION TO ESTABLISH A TARIFF THAT SHALL REPLACE THE LINE  EXTEN-
 SION RULES CURRENTLY USED BY SUCH ELECTRIC CORPORATIONS. SUCH TARIFF, AT
 A MINIMUM, SHALL:
   (A)  PROVIDE  FOR SUCH ELECTRIC CORPORATION TO DEPLOY OR REIMBURSE THE
 CUSTOMER'S  REASONABLE  COSTS,  SUBJECT  TO  REASONABLE  CONDITIONS,  OF
 CUSTOMER-SIDE MAKE-READY INFRASTRUCTURE FOR PUBLIC SERVING FLEETS;
   (B)  AUTHORIZE  SUCH  ELECTRIC CORPORATION TO INCLUDE IN ITS RATE BASE
 ONE HUNDRED PERCENT OF ALL REASONABLE AND  PRUDENT  UTILITY-OWNED  MAKE-
 READY  COSTS INCURRED TO SERVE ELECTRIC VEHICLE CHARGING LOADS OF PUBLIC
 SERVING FLEETS;
   (C) AUTHORIZE SUCH ELECTRONIC CORPORATION TO INCLUDE IN ITS BASE  RATE
 OF  REASONABLE  AND  PRUDENT  CUSTOMER-SIDE  MAKE-READY  COSTS NEEDED TO
 PREPARE A PUBLIC SERVING FLEET'S SITE FOR ELECTRIC VEHICLE  CHARGING  IN
 THE FOLLOWING MANNER:
   (I)  A MINIMUM FIFTY PERCENT OR HIGHER WHERE AUTHORIZED BY THE COMMIS-
 SION, OF REASONABLE CUSTOMER-OWNED MAKE-READY COSTS  IN  LOCATIONS  THAT
 ARE  NOT  WITHIN  A DISADVANTAGED COMMUNITY OR A DISADVANTAGED COMMUNITY
 ZONE;
   (II) A MINIMUM NINETY PERCENT,  OR  HIGHER  WHERE  AUTHORIZED  BY  THE
 COMMISSION, OF REASONABLE CUSTOMER-OWNED MAKE-READY COSTS LOCATED WITHIN
 A DISADVANTAGED COMMUNITY OR DISADVANTAGED COMMUNITY ZONE; AND
   (D)  PROVIDE  THAT  THE  PORTION  OF  CUSTOMER-OWNED  MAKE-READY COSTS
 INCLUDED IN THE ELECTRIC CORPORATION'S RATE BASE SHALL  NOT  BE  CHARGED
 DIRECTLY OR SOLELY TO THE CUSTOMER SERVED BY SUCH MAKE-READY INFRASTRUC-
 TURE;  EXCEPT  WHERE THE CUSTOMER IS NOT A PUBLIC ENTITY, AND WITHIN TEN
 YEARS OF RECEIVING A CUSTOMER-SIDE MAKE-READY INCENTIVE  AT  A  LOCATION
 PURSUANT  TO THIS SECTION, REDUCES THE NUMBER OF ELECTRIC PUBLIC SERVING
 FLEET VEHICLES OPERATING AT SUCH LOCATION. THE TARIFF SHALL PROVIDE  FOR
 THE  ELECTRIC CORPORATION TO RECOVER A PRORATED PORTION OF THE CUSTOMER-
 SIDE MAKE-READY INCENTIVE DIRECTLY FROM THE CUSTOMER IN SUCH INSTANCE.
   5. DISADVANTAGED COMMUNITY ZONE. FOR THE PURPOSES OF THIS SECTION  THE
 COMMISSION SHALL DEFINE THE TERM "DISADVANTAGED COMMUNITY ZONE".
   6. COST TREATMENT AND RECOVERY FOR UTILITY-OWNED MAKE-READY COSTS. ALL
 ELECTRIC  CORPORATIONS  SHALL  MAINTAIN  BUDGETS  FOR ITS COSTS INCURRED
 A. 491--A                           3
 
 UNDER THIS SECTION.  THE  PORTION  OF  CUSTOMER-OWNED  MAKE-READY  COSTS
 INCURRED BY AN ELECTRIC CORPORATION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION  SHALL  BE  TREATED IN ACCORDANCE WITH A DEPRECIATION OR AMORTI-
 ZATION  SCHEDULE  AS  AUTHORIZED  BY THE COMMISSION. ANY ELECTRIC CORPO-
 RATION MAY RECOVER THE INCREMENTAL REVENUE REQUIREMENT  ASSOCIATED  WITH
 SUCH COSTS THROUGH A SURCHARGE MECHANISM UNTIL ITS BASE RATES ARE RESET.
 ANY  ELECTRIC  CORPORATION  SEEKING  TO  RECOVER  SUCH  COSTS  THROUGH A
 SURCHARGE MECHANISM SHALL INCLUDE SUCH PROPOSAL AS PART OF ITS  APPLICA-
 TION FILED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   7.  APPROVAL OF TARIFFS. THE COMMISSION SHALL, AFTER NOTICE AND OPPOR-
 TUNITY FOR PUBLIC COMMENT AND WITHIN NINETY DAYS OF THE  FILING  OF  THE
 TARIFF, APPROVE, OR MODIFY AND APPROVE, SUCH TARIFF.
   § 2. This act shall take effect immediately.