STATE OF NEW YORK ________________________________________________________________________ 1158--A 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. JACOBSON, COLTON, K. BROWN, SIMON, DICKENS, SEAWRIGHT, OTIS, EACHUS -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 6 of section 401 of the vehicle and traffic law 10 which is: (i) powered by an electric motor drawing current from 11 rechargeable storage batteries or other portable electrical energy stor- 12 age devices; and (ii) capable of being recharged from an external source 13 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02177-04-3A. 1158--A 2 1 vehicles and which is not open to the general public, including but not 2 limited to, dealerships, sales offices and service departments or auto- 3 mobile repair shops, automobile rental agencies and trucking or delivery 4 businesses. 5 (e) "Electric vehicle charger" means a device containing electric 6 vehicle service equipment and software, which, when connected to an 7 electric vehicle, delivers electricity to the electric vehicle. 8 (f) "Level 3 electric vehicle charger" means an electric vehicle char- 9 ger that when connected to an electric vehicle delivers electricity 10 through a DC current. Level 3 chargers are commonly known as the fast 11 chargers. 12 (g) "Electric vehicle service equipment" means equipment, both above 13 and below ground, installed for the purpose of transmitting electricity 14 between the electric vehicle charging station's charging coupler and the 15 electric vehicle's connector. 16 (h) "Electric vehicle service equipment software" means the software 17 programs and other information technologies used to operate the electric 18 vehicle charging equipment. 19 § 3. Charging spaces. (a) Each public charging station complex shall 20 provide space for no less than eight vehicles to be charged. All public 21 charging station complexes shall offer the two most used level 3 fast 22 charger technologies on all of the electric vehicle chargers for all of 23 the eight spaces. 24 (b) No person shall park in a space equipped with a charger at a 25 public electric vehicle charging station, unless such person is charging 26 a plug-in hybrid electric vehicle or battery electric vehicle. 27 § 4. Owners or operators of public electric vehicle charging stations 28 shall be prohibited from requiring a subscription, application, a 29 membership in any club, association, or organization as a condition of 30 using the chargers at the public electric vehicle charging complex. Each 31 electric vehicle charger shall accept all major credit cards as defined 32 in section 521 of the general business law and not require any special 33 credit card solely distributed by the public charging station. Other 34 options to pay for charging services may be available as well. 35 § 5. (a) Owners and operators of public electric vehicle charging 36 station complexes are prohibited from charging customers by-the-minute 37 and must charge per kilowatt hours for the purpose of charging an elec- 38 tric vehicle. The unit price of the kilowatt hours shall be displayed on 39 the face of each charging station prior to and at any point during a 40 customer's transaction. 41 (b) Notwithstanding subdivision (a) of this section, the owners and 42 operators of public electric vehicle charging complexes may impose 43 restrictions on the amount of time that an electric vehicle may be 44 charged at the charging station. Upon the vehicle becoming fully- 45 charged, the owner/operator may charge an additional fee of $10.00 for 46 each half hour or part thereof that the vehicle is parked beyond the 47 time necessary to charge the vehicle in addition to the cost of elec- 48 tricity. 49 § 6. Electric vehicle charging stations as described in this act are 50 exempt from being defined as an electric corporation as defined in 51 section 2 of the public service law. 52 § 7. (a) Owners and operators of public electric vehicle charging 53 stations must maintain signage at the electric vehicle charging station 54 that displays the status of each electric vehicle charger, the total 55 number of chargers and the number of available chargers (total number 56 less those being used), and how long a wait for the next charger to beA. 1158--A 3 1 available, the name and address and phone number of the operator and 2 owner, the cost of charging including any additional fees that may be 3 charged beyond the cost of electricity for non-charging vehicles, and 4 any rules or regulations customers must follow at the charging station 5 complex when using the chargers. 6 (b) All publicly-owned highway signs or signs at exits of highways in 7 the state that display information about the availability and location 8 of gas stations shall also provide information regarding the availabili- 9 ty and location of public electric vehicle charging stations, including 10 the number of available chargers available and the distance to the 11 charging station complex. 12 § 8. The provisions of this act shall not apply to non-public charging 13 complexes which are not for use by the general public are not subject to 14 the requirements of this law provided signage is clearly displayed that 15 no electric vehicle chargers are available to the general public except 16 for customers of the business or those vehicles owned by the business. 17 § 9. This act shall take effect immediately.