S T A T E O F N E W Y O R K
________________________________________________________________________
98--A
Cal. No. 401
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00265-02-5
S. 98--A 2
CONDUIT, WIRE, CABLE, METERS, OTHER EQUIPMENT AS NECESSARY, AND ASSOCI-
ATED ENGINEERING AND CIVIL CONSTRUCTION WORK.
(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".
S. 98--A 3
6. COST TREATMENT AND RECOVERY FOR UTILITY-OWNED MAKE-READY COSTS. ALL
ELECTRIC CORPORATIONS SHALL MAINTAIN BUDGETS FOR ITS COSTS INCURRED
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.