Bill Text: NY A01158 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the New York State Department of Transportation, in conjunction with the New York State Energy Research and Development Authority and the New York Power Authority, to promulgate rules and regulations for the standardization of public charging stations for electric vehicles.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2024-01-03 - referred to transportation [A01158 Detail]

Download: New_York-2023-A01158-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1158

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M.  of  A.  JACOBSON,  COLTON, K. BROWN, SIMON, DICKENS,
          SEAWRIGHT, OTIS -- read once and referred to the Committee  on  Trans-
          portation

        AN  ACT  directing  the  New York State Department of Transportation, in
          conjunction with the New York State Energy  Research  and  Development
          Authority  and  the  New York Power Authority, to promulgate rules and
          regulations for the standardization of public  charging  stations  for
          electric vehicles

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Purpose. The New York State Department  of  Transportation,
     2  in  conjunction  with the New York State Energy Research and Development
     3  Authority and the New York Power Authority, shall promulgate  rules  and
     4  regulations  for  the  standardization  of  public charging stations for
     5  electric vehicles in accordance with the provisions of this act.
     6    § 2. Definitions. As used in this act, the following terms shall  have
     7  the following meanings:
     8    (a)  "Electric  vehicle" means a motor vehicle subject to registration
     9  pursuant to subdivision six of section four hundred one of  the  vehicle
    10  and  traffic  law  which  is:  (i)  powered by an electric motor drawing
    11  current from rechargeable storage batteries or other portable electrical
    12  energy storage devices; and (ii) capable  of  being  recharged  from  an
    13  external source of electricity.
    14    (b)  "Plug-in  hybrid electric vehicle" means an electric vehicle that
    15  has an internal combustion engine or other propulsion system.
    16    (c) "Public electric vehicle charging station complex" means  an  area
    17  which  contains electric vehicle chargers to supply electricity to elec-
    18  tric vehicles and is open to the general public.
    19    (d) "Non-public vehicle charging station complex" means an area  which
    20  contains  electric  vehicle  chargers  to supply electricity to electric
    21  vehicles and which is not open to the general public, including but  not

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02177-01-3
        A. 1158                             2

     1  limited  to, dealerships, sales offices and service departments or auto-
     2  mobile repair shops, automobile rental agencies and trucking or delivery
     3  businesses.
     4    (e)  "Electric  vehicle  charger"  means  a device containing electric
     5  vehicle service equipment and software,  which,  when  connected  to  an
     6  electric vehicle, delivers electricity to the electric vehicle.
     7    (f)  "Level  2  electric  vehicle  charger" or "slow charger" means an
     8  electric vehicle charger that when  connected  to  an  electric  vehicle
     9  delivers electricity through an AC current. Level 2 chargers are common-
    10  ly known as the slow chargers.
    11    (g) "Level 3 electric vehicle charger" means an electric vehicle char-
    12  ger  that  when  connected  to  an electric vehicle delivers electricity
    13  through a DC current. Level 3 Chargers are commonly known  as  the  fast
    14  chargers.
    15    (h)  "Electric  vehicle service equipment" means equipment, both above
    16  and below ground, installed for the purpose of transmitting  electricity
    17  between the electric vehicle charging station's charging coupler and the
    18  electric vehicle's connector.
    19    (i)  "Electric  vehicle service equipment software" means the software
    20  programs and other information technologies used to operate the electric
    21  vehicle charging equipment.
    22    § 3. Charging spaces. (a) Each public charging station  complex  shall
    23  provide  space for no less than eight vehicles to be charged. All public
    24  charging station complexes shall offer the two most used  level  2  slow
    25  charger  and  level  3 fast charger technologies on four of the electric
    26  vehicle chargers for four of the spaces. The four remaining spaces shall
    27  be serviced by chargers containing only level 3 technologies.
    28    (b) No person shall park in a space  equipped  with  a  charger  at  a
    29  public electric vehicle charging station, unless such person is charging
    30  a plug-in hybrid electric vehicle or battery electric vehicle.
    31    §  4. Owners or operators of public electric vehicle charging stations
    32  shall be  prohibited  from  requiring  a  subscription,  application,  a
    33  membership  in  any club, association, or organization as a condition of
    34  using the chargers at the public electric vehicle charging complex. Each
    35  electric vehicle charger shall accept all major credit cards as  defined
    36  in  section  521 of the general business law and not require any special
    37  credit card solely distributed by the  public  charging  station.  Other
    38  options to pay for charging services may be available as well.
    39    §  5.  (a)  Owners  and  operators of public electric vehicle charging
    40  station complexes are prohibited from charging  customers  by-the-minute
    41  and  must charge per kilowatt hours for the purpose of charging an elec-
    42  tric vehicle. The unit price of the kilowatt hours shall be displayed on
    43  the face of each charging station prior to and at  any  point  during  a
    44  customer's transaction.
    45    (b)  Notwithstanding  subdivision  (a) of this section, the owners and
    46  operators of public  electric  vehicle  charging  complexes  may  impose
    47  restrictions  on  the  amount  of  time  that an electric vehicle may be
    48  charged at the  charging  station.  Upon  the  vehicle  becoming  fully-
    49  charged,  the  owner/operator may charge an additional fee of $10.00 for
    50  each half hour or part thereof that the vehicle  is  parked  beyond  the
    51  time  necessary  to  charge the vehicle in addition to the cost of elec-
    52  tricity.
    53    § 6. Electric vehicle charging stations as described in this  act  are
    54  exempt  from  being  defined as an electricity corporation as defined in
    55  section 2 of the public service law.
        A. 1158                             3

     1    § 7. (a) Owners and operators  of  public  electric  vehicle  charging
     2  stations  must maintain signage at the electric vehicle charging station
     3  that displays the status of each electric  vehicle  charger,  the  total
     4  number  of  chargers  and the number of available chargers (total number
     5  less  those  being used), and how long a wait for the next charger to be
     6  available, the name and address and phone number  of  the  operator  and
     7  owner,  the  cost  of charging including any additional fees that may be
     8  charged beyond the cost of electricity for  non-charging  vehicles,  and
     9  any  rules  or regulations customers must follow at the charging station
    10  complex when using the chargers.
    11    (b) All publicly-owned highway signs or signs at exits of highways  in
    12  the  state  that display information about the availability and location
    13  of gas stations shall also provide information regarding the availabili-
    14  ty and location of public electric vehicle charging stations,  including
    15  the  number  of  available  chargers  available  and the distance to the
    16  charging station complex.
    17    § 8. The provisions of this act shall not apply to non-public charging
    18  complexes which are not for use by the general public are not subject to
    19  the requirements of this law provided signage is clearly displayed  that
    20  no  electric vehicle chargers are available to the general public except
    21  for customers of the business or those vehicles owned by the business.
    22    § 9. This act shall take effect immediately.