NY State Senate Bill 2025-S98A

Current Bill Status - On Floor Calendar

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2026	advanced to third reading
Apr 29, 2026	2nd report cal.
Apr 28, 2026	1st report cal.863
Jan 07, 2026	referred to energy and telecommunications returned to senate died in assembly
Jun 13, 2025	referred to energy
Jun 12, 2025	delivered to assembly passed senate
May 28, 2025	amended on third reading (t) 98a
Mar 03, 2025	advanced to third reading
Feb 26, 2025	2nd report cal.
Feb 25, 2025	1st report cal.401
Jan 08, 2025	referred to energy and telecommunications

Votes

- Jun 12, 2025 - Floor Vote
  S98A
  
  Aye
  
  37
  
  Nay
  
  22
  
  Absent
  
  0
  
  Excused
  
  4
  
  Abstained
  
  0
  - - Floor Vote: Jun 12, 2025
      
      aye (37)
      
      Addabbo Jr.
      
      Bailey
      
      Baskin
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Parker
      
      Persaud
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Webb
      
      nay (22)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Ryan
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (4)
      
      Murray
      
      Myrie
      
      Ramos
      
      Sutton
      
      The following Member(s) participated via videoconferencing: Brouk
  Apr 28, 2026 - Energy And Telecommunications Committee Vote
  S98A
  
  Aye
  
  5
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Energy And Telecommunications Committee Vote: Apr 28, 2026
      
      aye (5)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      May
      
      Parker
      
      nay (3)
      
      Mattera
      
      O'Mara
      
      Walczyk
      
      aye wr (1)
      
      Ryan
  Feb 25, 2025 - Energy And Telecommunications Committee Vote
  S98A
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Energy And Telecommunications Committee Vote: Feb 25, 2025
      
      aye (5)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      May
      
      Parker
      
      nay (2)
      
      Mattera
      
      Walczyk
      
      aye wr (2)
      
      O'Mara
      
      Ryan

Bill Amendments

Original

A (Active)

2025-S98 - Details

See Assembly Version of this Bill:: A491
Law Section:: Public Service Law
Laws Affected:: Add §66-x, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:: S9114, A10383

2025-S98 - Summary

Requires electric corporations build make-ready infrastructure to facilitate the charging of electric public serving fleet vehicles.

2025-S98 - Sponsor Memo

                                 
BILL NUMBER: S98

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to building make-
ready electrical infrastructure for the charging of electric vehicles

 
PURPOSE:

This legislation amends the Public Service Law to direct electric utili-
ties to construct or otherwise bear costs of certain infrastructure
needed to serve electric vehicle charging systems.

 
SUMMARY OF PROVISIONS:

Section 1. Adds Section 66-x to the Public Service Law to: Establish
legislative,intent and set forth definitions of included terms.  Require
electric corporations to establish revised tariffs to provide for more
uniform deployment of equipment ("make-ready infrastructure") needed to
connect electric vehicle charging stations to the electric grid. The
tariffs shall authorize the electric corporations to cover 1000 of

prudent utility-side make-ready costs, and between 50% to 100% of
prudent customer-side make-ready costs, based on whether the customer is
located in a disadvantaged community zone or operates a public-serving
fleet; and to recover such costs through surcharge or base rates instead
of directly from the customer served. Electric corporations shall take
reasonable efforts to ensure that any infrastructure built pursuant to
this section is efficiently sized and operated, such as by considering
customers' reasonably-foreseeable load management activities or distrib-
uted energy resource deployments.

Establish a public notice and comment period for the proposed tariffs.

Section 2 is the effective date, which is immediate.

 
JUSTIFICATION:

New York has set rigorous goals - such as the Climate Leadership and
Community Protection Act of 2019 (CLCPA), Advanced Clean Trucks and
Advanced Clean Cars II rules, and the Zero Emissions Vehicles sales
targets - to predominantly electrify its transportation sector by 2050,
with significant target deadlines rapidly approaching.  Significant
expansions of electric vehicle charging infrastructure, including both
utility-side grid facilities and customer-side charging equipment, will
beòrequired to meet these targets.

Burdensome utility make-ready policies impede this infrastructure
deployment. "Make-ready" refers to (i) utility-side equipment that
connects the customer to the grid, and (ii) customer-side equipment that
connects the utility meter to the charging stations themselves.  Make-
ready can comprise 30% or more of a fleet's upfront charging costs. This
poses a significant financial hurdle, particularly for public-serving
fleets (such as transit agencies) and fleets serving disadvantaged
communities. Moreover, New York's electric utilities each have different
tariff rules and policies governing the allocation of make-ready costs,
which adds complexity for fleets operating in multiple utility service
territories.

This legislation addresses this obstacle by establishing a uniform cost
allocation for make-ready infrastructure. It requires electric utilities
to cover 100% of prudent utility-side make-ready costs, as well as a
portion of prudent customer-side make-ready costs: 100% for public-serv-
ing fleets as well as multifamily dwelling units or fleet locations in
disadvantaged community 'zones, and at least 50% for other multifamily
or fleet locations. Utilities would recover these costs through rates
instead of directly from the charging customer.

In addition to supporting charging customers and New York's electrifica-
tion goals, this policy is also projected to benefit utility ratepayers
by helping new electric loads come online more quickly, which expedites
corresponding ratemaking benefits. A recent study examining two New York
utilities showed that the increase in utility revenue from serving new
EVs will tend to exceed costs of make-ready infrastructure, which puts
downward pressure on utility rates for customers.

 
LEGISLATIVE HISTORY:

2024: S9114 Comrie/ A10383 Woerner

 
LOCAL FISCAL IMPLICATIONS:

To be determined, but the initial costs of the program will be borne by
the electric utilities, with some costs in some instances to the custom-
er side capped at 50 percent; but increased revenue from charging is
expected to sufficiently cover those upfront utility costs.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S98 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    98
 
                        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
 
 AN  ACT  to  amend the public service law, in relation to building make-
   ready electrical infrastructure for the charging of electric 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  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  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.
   (B) "UTILITY-OWNED MAKE-READY COSTS" MEANS ANY CAPITAL  INVESTMENT  IN
 ELECTRICAL DISTRIBUTION INFRASTRUCTURE NEEDED TO CONNECT AND SERVE A NEW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00265-01-5
 S. 98                               2
 
 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, OTHER THAN A SINGLE-FAMILY RESIDENCE, 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 THAT OWNS, LEASES, OR CONTRACTS MORE THAN TWENTY-FIVE VEHICLES.
   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  CUSTOMER-SIDE
 MAKE-READY INFRASTRUCTURE;
   (B)  AUTHORIZE  SUCH  ELECTRIC CORPORATION TO INCLUDE IN ITS BASE RATE
 ONE HUNDRED PERCENT OF ALL REASONABLE AND  PRUDENT  UTILITY-OWNED  MAKE-
 READY COSTS;
   (C)  AUTHORIZE SUCH ELECTRONIC CORPORATION TO INCLUDE IN ITS BASE RATE
 OF REASONABLE AND  PRUDENT  CUSTOMER-SIDE  MAKE-READY  COSTS  NEEDED  TO
 PREPARE A SITE FOR ELECTRIC VEHICLE CHARGING IN THE FOLLOWING MANNER:
   (I)  A MINIMUM FIFTY PERCENT OR HIGHER WHERE AUTHORIZED BY THE COMMIS-
 SION, OF CUSTOMER-OWNED MAKE-READY COSTS IN LOCATIONS THAT ARE NOT WITH-
 IN TWO MILES OF A DISADVANTAGED COMMUNITY ZONE;
   (II) ONE HUNDRED PERCENT OF CUSTOMER-OWNED  MAKE-READY  COSTS  LOCATED
 WITHIN A DISADVANTAGED COMMUNITY OR DISADVANTAGED COMMUNITY ZONE;
   (III)  ONE  HUNDRED  PERCENT  OF  CUSTOMER-OWNED  MAKE-READY COSTS FOR
 PUBLIC SERVING FLEETS; 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.
   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
 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 REVENUE REQUIREMENT ASSOCIATED WITH SUCH COSTS
 THROUGH A SURCHARGE MECHANISM UNTIL ITS BASE RATES ARE RESET. ANY  ELEC-
 TRIC CORPORATION SEEKING TO RECOVER SUCH COSTS THROUGH A SURCHARGE MECH-
 ANISM  SHALL  INCLUDE  SUCH  PROPOSAL  AS  PART OF ITS APPLICATION FILED
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
 S. 98                               3
 
   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.

2025-S98A (ACTIVE) - Details

See Assembly Version of this Bill:: A491
Law Section:: Public Service Law
Laws Affected:: Add §66-x, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:: S9114, A10383

2025-S98A (ACTIVE) - Summary

Requires electric corporations build make-ready infrastructure to facilitate the charging of electric public serving fleet vehicles.

2025-S98A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S98A         Revised  05/28/25

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation amends the Public Service Law to direct electric utili-
ties to construct or otherwise bear costs of certain infrastructure
needed to serve electric vehicle charging systems.

 
SUMMARY OF PROVISIONS:

Section 1. Adds Section 66-x to the Public Service Law to: Establish
legislative, intent and set forth definitions of included terms.
Require electric corporations to establish revised tariffs to provide
for more uniform deployment of equipment ("make-ready infrastructure")
needed to connect electric vehicle charging stations to the electric

grid. The tariffs shall authorize the electric corporations to cover
1000 of prudent utility-side make-ready costs, and between 50% to 100%,
of prudent customer-side make-ready costs, based on whether the customer
is located in a disadvantaged community zone or operates a public-serv-
ing fleet; and to recover such costs through surcharge or base rates
instead of directly from the customer served. Electric corporations
shall take reasonable efforts to ensure that any infrastructure built
pursuant to this section is efficiently sized and operated, such as by
considering customers' reasonably-foreseeable load management activities
or distributed energy resource deployments.

Establish a public notice and comment period for the proposed tariffs.

Section 2 is the effective date, which is immediate.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The revisions would narrow the scope of S.98 to provide make-ready
support only for public-serving fleets (i.e., school buses, public tran-
sit, and government-owned or -contracted vehicles). Many such entities
are subject to binding decarbonization/electrification requirements.

Absent make-ready support through a utility program, the costs of make-
ready for these entities would ultimately be passed through to the
public through taxes, fares, etc. The revisions also include utility
customer protections, minor corrections, and clarifications.

By excluding non-public-serving fleets from guaranteed make-ready
support, the revisions would lower the short-term costs attributable to
the bill.

Utility make-ready support for electrifying fleets ultimately puts down-
ward pressure on rates, to the benefit of all utility customers; howev-
er, such rate effects can take time to materialize, and the changes are
sensitive to immediate-term affordability concerns.


The revisions would not prohibit the PSC from separately authorizing
make-ready support for non-public-serving fleets, including programs
that are currently underway.

 
JUSTIFICATION:

New York has set rigorous goals - such as the Climate Leadership and
Community Protection Act of 2019 (CLCPA), Advanced Clean Trucks and
Advanced Clean Cars II rules, and the Zero Emissions Vehicles sales
targets - to predominantly electrify its transportation sector by 2050,
with significant target deadlines rapidly approaching.  Significant
expansions of electric vehicle charging infrastructure, including both
utility-side grid facilities and customer-side charging equipment, will
be required to meet these targets.

Burdensome utility make-ready policies impede this infrastructure
deployment. "Make-ready" refers to (i) utility-side equipment that
connects the customer to the grid, and (ii) customer-side equipment that
connects the utility meter to the charging stations themselves.  Make-
ready can comprise 30% or more of a fleet's upfront charging costs. This
poses a significant financial hurdle, particularly for public-serving
fleets (such as transit agencies) and fleets serving disadvantaged
communities. Moreover, New York's electric utilities each have different
tariff rules and policies governing the allocation of make-ready costs,
which adds complexity for fleets operating in multiple utility service
territories.

This legislation addresses this obstacle by establishing a uniform cost
allocation for make-ready infrastructure. It requires electric utilities
to cover 100% of prudent utility-side make-ready costs, as well as a
portion of prudent customer-side make-ready costs, and at least 50% for
other single- or multi-family, and fleet locations.  Utilities would
recover these costs through rates instead of directly from the charging
customer.

In addition to supporting charging customers and New York's electrifica-
tion goals, this policy is also projected to benefit utility ratepayers
by helping new electric loads come online more quickly, which expedites
corresponding ratemaking benefits. A recent study examining two New York
utilities showed that the increase in utility revenue from serving new
EVs will tend to exceed costs of make-ready infrastructure, which puts
downward pressure on utility rates for customers.

 
LEGISLATIVE HISTORY:

2024: S9114 Comrie/ A10383 Woerner

 
LOCAL FISCAL IMPLICATIONS:

To be determined, but the initial costs of the program will be borne by
the electric utilities, with some costs in some instances to the custom-
er side capped at 50 percent; but increased revenue from charging is
expected to sufficiently cover those upfront utility costs.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S98A (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S98A

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Jun 12, 2025 - Floor Vote

Floor Vote: Jun 12, 2025

Apr 28, 2026 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Apr 28, 2026

Feb 25, 2025 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Feb 25, 2025

Bill Amendments

2025-S98 - Details

2025-S98 - Summary

2025-S98 - Sponsor Memo

2025-S98 - Bill Text download pdf

2025-S98A (ACTIVE) - Details

2025-S98A (ACTIVE) - Summary

2025-S98A (ACTIVE) - Sponsor Memo

2025-S98A (ACTIVE) - Bill Text download pdf

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Sponsored By

Leroy Comrie

Current Bill Status - On Floor Calendar

Actions

Votes

Bill Amendments

2025-S98 - Details

2025-S98 - Summary

2025-S98 - Sponsor Memo

2025-S98 - Bill Text download pdf

2025-S98A (ACTIVE) - Details

2025-S98A (ACTIVE) - Summary

2025-S98A (ACTIVE) - Sponsor Memo

2025-S98A (ACTIVE) - Bill Text download pdf

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