S T A T E O F N E W Y O R K
________________________________________________________________________
6304
2025-2026 Regular Sessions
I N A S S E M B L Y
March 3, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to requiring all new
residential and commercial construction that has dedicated off-street
parking to implement electric vehicle supply equipment infrastructure
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "electric vehicle readiness act".
§ 2. The executive law is amended by adding a new section 378-a to
read as follows:
§ 378-A. STANDARDS FOR CONSTRUCTION OF ELECTRIC VEHICLE SUPPLY EQUIP-
MENT. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
A. "ELECTRIC VEHICLE" OR "EV" SHALL MEAN AN AUTOMOTIVE-TYPE VEHICLE
FOR ON-ROAD USE, SUCH AS PASSENGER AUTOMOBILES, BUSES, TRUCKS, VANS,
NEIGHBORHOOD ELECTRIC VEHICLES, ELECTRIC MOTORCYCLES, AND THE LIKE,
POWERED BY AN ELECTRIC MOTOR THAT DRAWS CURRENT FROM A RECHARGEABLE
STORAGE BATTERY, FUEL CELL, PHOTOVOLTAIC ARRAY, OR OTHER SOURCE OF ELEC-
TRIC CURRENT WHICH IS CHARGED BY BEING PLUGGED INTO AN ELECTRICAL
SOURCE. FOR THE PURPOSE OF THIS SECTION, OFF-ROAD, SELF-PROPELLED ELEC-
TRIC VEHICLES, SUCH AS INDUSTRIAL TRUCKS, HOISTS, LIFTS, TRANSPORTS,
GOLF CARTS, AIRLINE GROUND SUPPORT EQUIPMENT, TRACTORS, BOATS, AND THE
LIKE, ARE NOT INCLUDED.
B. "ELECTRIC VEHICLE SUPPLY EQUIPMENT" OR "EVSE" SHALL MEAN THE
CONDUCTORS, INCLUDING THE UNGROUNDED, GROUNDED AND EQUIPMENT GROUNDING
CONDUCTORS, AND THE ELECTRIC VEHICLE CONNECTORS, ATTACHMENT PLUGS, AND
ALL OTHER FITTINGS, DEVICES, POWER OUTLETS, OR OTHER APPARATUS INSTALLED
SPECIFICALLY FOR THE PURPOSE OF TRANSFERRING ENERGY BETWEEN THE WIRING
OF THE PREMISES AND THE ELECTRIC VEHICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09102-01-5
A. 6304 2
C. "ELECTRIC VEHICLE SUPPLY EQUIPMENT INFRASTRUCTURE" SHALL MEAN THE
EQUIPMENT, AS DEFINED BY THE NATIONAL ELECTRICAL CODE, WHICH IS PROVIDED
TO SUPPORT FUTURE ELECTRIC VEHICLE CHARGING. THIS SHALL INCLUDE, BUT NOT
BE LIMITED TO: THE DESIGN LOAD PLACED ON ELECTRICAL PANELS AND SERVICE
EQUIPMENT TO SUPPORT THE ADDITIONAL ELECTRICAL DEMAND, THE PANEL CAPACI-
TY TO SUPPORT ADDITIONAL FEEDER OR BRANCH CIRCUITS, AND THE INSTALLATION
OF RACEWAYS, BOTH UNDERGROUND AND SURFACE MOUNTED, TO SUPPORT THE ELEC-
TRICAL VEHICLE SUPPLY EQUIPMENT.
2. ALL NEW COMMERCIAL AND RESIDENTIAL BUILDINGS THAT INCLUDE DEDICATED
OFF-STREET PARKING, THAT IS NOT LOCATED IN ANY DEDICATED PUBLIC RIGHT-
OF-WAY, SHALL BE REQUIRED TO INSTALL EVSE INFRASTRUCTURE AS FOLLOWS:
A. THE EVSE INFRASTRUCTURE SHALL BE INSTALLED PURSUANT TO THE REQUIRE-
MENTS OF THE CURRENT EDITION OF THE NATIONAL ELECTRICAL CODE.
B. THE NUMBER OF PARKING SPACES SHALL BE AT LEAST ONE PARKING SPACE
WITH EVSE INFRASTRUCTURE FOR EVERY FIVE PARKING SPACES WITHOUT EVSE
INFRASTRUCTURE.
C. FOR ALL NEW COMMERCIAL CONSTRUCTION, ALL NEW OFF-STREET PARKING
SHALL INCLUDE EVSE INFRASTRUCTURE BASED ON THE TOTAL NUMBER OF PARKING
SPACES ESTABLISHED IN PARAGRAPH B OF THIS SUBDIVISION.
(I) THE ELECTRICAL EQUIPMENT ROOM, WHEN PROVIDED FOR IN NEW BUILDINGS,
SHALL HAVE A DEDICATED SPACE FOR THE FUTURE INSTALLATION OF EVSE. THIS
SPACE SHALL BE IDENTIFIED ON ALL CONSTRUCTION DOCUMENTS SUBMITTED FOR
REVIEW, AND THE DEDICATED SPACE SHALL NOT ALLOW FOR ANY VIOLATION OF THE
NATIONAL ELECTRICAL CODE PRESCRIPTIVE REQUIREMENTS REGULATING WORKING
SPACE CLEARANCES AROUND EQUIPMENT, OR ANY VIOLATION OF THE NATIONAL
ELECTRICAL CODE PRESCRIPTIVE REQUIREMENTS GOVERNING THE ENTRANCE TO AND
EGRESS FROM SUCH ELECTRICAL EQUIPMENT WORKING SPACE.
(II) DURING THE CONSTRUCTION OF THE ELECTRICAL EQUIPMENT ROOM, ALL
RACEWAYS INSTALLED FOR THE EVSE INFRASTRUCTURE SHALL TERMINATE AT THE
SPACE DEDICATED FOR THE FUTURE EVSE INSTALLATION.
(III) PRIOR TO THE FINAL ELECTRICAL INSPECTION APPROVAL, THE SPACE
DEDICATED WITHIN THE ELECTRICAL ROOM FOR THE FUTURE EVSE INSTALLATION
SHALL HAVE THE WALL LABELED WITH THE FOLLOWING LANGUAGE: "FUTURE ELEC-
TRIC VEHICLE CHARGING EQUIPMENT AND PANELS".
(IV) THE PROPOSED PLACEMENT AND INSTALLATION OF EVSE INFRASTRUCTURE OR
EQUIPMENT SHALL NOT VIOLATE ANY PROVISION OF THE AMERICANS WITH DISABIL-
ITIES ACT OF 1990.
(V) THE EVSE INFRASTRUCTURE SHALL INCLUDE A RACEWAY WHICH IS CONTIN-
UOUS FROM THE BRANCH CIRCUIT OR FEEDER PANEL LOCATION TO THE FUTURE EV
PARKING SPACE DESIGNATED FOR THE BUILDING. SUCH RACEWAY SHALL BE SIZED
AND INSTALLED PURSUANT TO THE NATIONAL ELECTRICAL CODE; HOWEVER, IN NO
CASE SHALL SUCH RACEWAY BE LESS THAN ONE INCH IN SIZE. SUCH RACEWAY
SHALL INCLUDE A PULL ROPE OR LINE INSTALLED FOR FUTURE CONDUCTOR INSTAL-
LATION WITH SUCH RACEWAY SEALED AND LABELED FOR FUTURE USE.
(VI) THE PLACEMENT OF EVSE SHALL NOT CREATE A TRIP HAZARD OR VIOLATION
OF THE ACCESSIBLE PATH OF TRAVEL WHEN THE EVSE CORD IS CONNECTED TO AN
EV.
(VII) THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO BUILDINGS
WITHOUT A DESIGNATED PARKING SPACE LOCATED ON THE PREMISES OR TO PARKING
SPACES LOCATED IN THE PUBLIC RIGHT-OF-WAY.
D. FOR ALL NEW RESIDENTIAL CONSTRUCTION, ALL NEW OFF-STREET PARKING
SHALL INCLUDE EVSE INFRASTRUCTURE BASED ON THE TOTAL NUMBER OF PARKING
SPACES ESTABLISHED IN PARAGRAPH B OF THIS SUBDIVISION. ALL BUILDINGS
REGULATED BY THIS SECTION SHALL PROVIDE SUFFICIENT ELECTRICAL CAPACITY
FOR A FORTY-AMPERE, TWO HUNDRED FORTY-VOLT BRANCH CIRCUIT FOR THE FUTURE
INSTALLATION OF EVSE.
A. 6304 3
(I) AN ATTACHED OR DETACHED GARAGE, WHEN PROVIDED IN NEW RESIDENTIAL
BUILDINGS, SHALL INCLUDE DEDICATED SPACE FOR THE FUTURE PLACEMENT OF
EVSE.
(II) ABSENT AN ATTACHED OR DETACHED GARAGE, AN UNDERGROUND ELECTRICAL
CONDUIT SHALL BE PROVIDED BETWEEN THE DWELLING AND THE DESIGNATED PARK-
ING SPACE FOR THE DWELLING. THE EVSE INFRASTRUCTURE SHALL INCLUDE A
RACEWAY WHICH IS CONTINUOUS FROM THE BRANCH CIRCUIT OR FEEDER PANEL
LOCATION TO THE FUTURE EV PARKING SPACE DESIGNATED FOR THE BUILDING.
SUCH RACEWAY SHALL BE SIZED AND INSTALLED PURSUANT TO THE NATIONAL ELEC-
TRICAL CODE; HOWEVER, IN NO CASE SHALL SUCH RACEWAY BE LESS THAN ONE
INCH IN SIZE. SUCH RACEWAY SHALL INCLUDE A PULL ROPE OR LINE INSTALLED
FOR FUTURE CONDUCTOR INSTALLATION WITH SUCH RACEWAY SEALED AND LABELED
FOR FUTURE USE.
(III) THE PLACEMENT OF EVSE SHALL NOT CREATE A TRIP HAZARD OR
VIOLATION OF THE ACCESSIBLE PATH OF TRAVEL WHEN THE EVSE CORD IS
CONNECTED TO AN EV.
(IV) THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO BUILDINGS
WITHOUT A DESIGNATED PARKING SPACE LOCATED ON THE PREMISES OR TO PARKING
SPACES LOCATED IN THE PUBLIC RIGHT-OF-WAY.
3. EXCEPTIONS MAY BE ISSUED BY A LOCAL ENFORCEMENT AGENCY WHERE SUCH
AGENCY HAS DETERMINED THAT EV CHARGING AND INFRASTRUCTURE ARE NOT FEASI-
BLE BASED UPON ONE OR MORE OF THE FOLLOWING CONDITIONS:
A. THERE IS NO COMMERCIAL POWER SUPPLY FOR THE PLANNED BUILDING.
B. IF THERE IS EVIDENCE SUBSTANTIATING THAT MEETING THE REQUIREMENTS
OF THIS SECTION WILL PRESENT AN UNREASONABLE HARDSHIP OR IS TECHNICALLY
INFEASIBLE, THE LOCAL ENFORCEMENT AGENCY MAY CONSIDER AN APPEAL FROM THE
PROJECT SPONSOR TO REDUCE THE NUMBER OF EV CHARGING SPACES REQUIRED OR
PROVIDE FOR EV CHARGING ELSEWHERE.
4. ALL EXCEPTIONS GRANTED BY LOCAL LAW ENFORCEMENT AGENCIES SHALL BE
REPORTED TO THE COUNCIL AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION.
5. NOTHING IN THIS SECTION SHALL PREVENT THE COUNCIL OR A LOCAL
GOVERNMENT FROM ADOPTING A LAW, CODE, ORDINANCE OR REGULATION WHICH IS
MORE STRINGENT THAN THE REQUIREMENTS OF THIS SECTION.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.