Bill Text: NY A03780 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires new construction that includes dedicated off-street parking to provide electric vehicle charging stations and electric vehicle ready parking spaces.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced) 2024-02-22 - print number 3780d [A03780 Detail]

Download: New_York-2023-A03780-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3780

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  FAHY,  JACKSON,  DICKENS, THIELE, SEAWRIGHT,
          BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,  L. ROSENTHAL,  OTIS,
          EPSTEIN,  DINOWITZ  --  read  once  and  referred  to the Committee on
          Governmental Operations

        AN ACT to amend the executive law, in  relation  to  requiring  electric
          vehicle charging stations and electric vehicle capable parking spaces

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

     1    Section 1. Section 378 of the executive law is amended by adding a new
     2  subdivision 17-a to read as follows:
     3    17-a. a. Standards to require new construction that includes dedicated
     4  off-street parking involving a garage, driveway, parking  lot  or  other
     5  off-street parking, to have:
     6    (i)  electric vehicle charging stations as defined in paragraph (b) of
     7  subdivision one of section three  hundred  thirty-nine-ll  of  the  real
     8  property law; and
     9    (ii) electric vehicle capable parking spaces, which have the appropri-
    10  ate wiring, electric panels, and the appropriate space to install appro-
    11  priate electric service for an electric vehicle charging station.
    12    b.  Such  standards  shall require that the number of electric vehicle
    13  capable parking spaces pursuant to subparagraph (ii) of paragraph  a  of
    14  this subdivision shall be as follows:
    15    (i)  a  one, two or three-family home equipped with a garage, driveway
    16  or parking lot, or other off-street parking, shall  have  at  least  one
    17  electric  vehicle  capable  parking  space.    For  the purposes of this
    18  subparagraph, "new construction" shall mean the erection of an  entirely
    19  new  structure not attached or affiliated with any existing construction
    20  on the property. "New construction" shall not include a new addition  or
    21  capital  improvement to existing construction nor shall it constitute an
    22  addition to the property;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03756-01-3

        A. 3780                             2

     1    (ii) a multi-unit residential building with between two and ten  park-
     2  ing spaces shall have at least seventy-five percent of available parking
     3  spaces  be  electric vehicle capable parking spaces, which shall include
     4  at least twenty percent of available parking spaces as electric  vehicle
     5  charging  stations.  If  there  is  a  decimal in the calculation of the
     6  percentage of parking spaces, such decimal shall be rounded to the  next
     7  largest whole number;
     8    (iii)  a  multi-unit residential building with at least eleven parking
     9  spaces shall have one hundred percent of  available  parking  spaces  be
    10  electric  vehicle  capable  parking spaces, which shall include at least
    11  forty percent of available parking spaces as electric  vehicle  charging
    12  stations.  If there is a decimal in the calculation of the percentage of
    13  parking spaces, such decimal shall be rounded to the next largest  whole
    14  number;
    15    (iv)  a  privately-owned  commercial building with between two and ten
    16  parking spaces shall have one hundred percent of available parking spac-
    17  es be electric vehicle capable parking spaces, which  shall  include  at
    18  least  twenty  percent  of  available parking spaces as electric vehicle
    19  charging stations with at least a 208-240 volt, 40 amp circuit;
    20    (v) a privately-owned commercial building with at least eleven parking
    21  spaces shall have one hundred percent of  available  parking  spaces  be
    22  electric  vehicle  capable  parking spaces, which shall include at least
    23  forty percent of available parking spaces as electric  vehicle  charging
    24  stations with at least a 208-240 volt, 40 amp circuit; and
    25    (vi) a privately-owned commercial building subject to the requirements
    26  of  subparagraph  (iv) or (v) of this paragraph, the installation of one
    27  400-900 volt direct current fast charging station  shall  be  considered
    28  equivalent  to five required electric vehicle charging stations of lower
    29  voltage.
    30    c. For the purposes of this subdivision,  "privately-owned  commercial
    31  building"  shall  mean  any  newly constructed commercial building under
    32  private contract which has not received state capital funding  for  such
    33  construction.
    34    d.  The owner of a building subject to paragraph b of this subdivision
    35  may apply to the local department of buildings or similar entity  for  a
    36  waiver of the requirements of this subdivision, which such local depart-
    37  ment  of  buildings or similar entity may grant if such owner can demon-
    38  strate that the provisions present an undue hardship due to  limitations
    39  of  the  local  utility provider, or that the geographic location of the
    40  site is such that compliance would result in a significant burden on the
    41  owner.
    42    § 2. This act shall take effect April  1,  2024  and  shall  apply  to
    43  contracts for new construction entered into on and after such date.
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