Bill Text: NY A05052 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes a highway and depot charging needs evaluation to assist in achieving targets set forth by the climate leadership and community protection act, zero-emissions vehicle sales target and regulations, including the advanced clean truck, advanced clean cars II rules and the zero-emissions school bus mandate.
Spectrum: Slight Partisan Bill (Democrat 17-6)
Status: (Vetoed) 2023-11-17 - tabled [A05052 Detail]
Download: New_York-2023-A05052-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5052--C 2023-2024 Regular Sessions IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. WOERNER, McDONALD, GUNTHER, STIRPE, HUNTER, THIELE, GLICK, STERN, JACOBSON, MAGNARELLI, BENDETT, K. BROWN, CUNNINGHAM, FAHY, DURSO, GANDOLFO -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, in relation to conducting a highway and depot charging needs evaluation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. In order to achieve targets set forth 2 by the climate leadership and community protection act, zero-emissions 3 vehicle sales target and regulations, including the advanced clean truck 4 and advanced clean cars II rules, zero-emissions school bus mandate, and 5 other relevant goals, the interests of the people of the state would be 6 served by: 7 1. Coordinating efforts to plan for electric vehicle fast-charging 8 deployment on New York's highways; 9 2. Identifying priority sites for the deployment of fast chargers 10 along New York's highways, estimating future charging demand at these 11 sites for all vehicle classes, and identifying necessary electric grid 12 transmission and distribution infrastructure and interconnection 13 upgrades at these sites; 14 3. Expediting electric grid transmission and distribution infrastruc- 15 ture and interconnection upgrades at sites controlled by the New York 16 state thruway authority, sufficient to future-proof thruway sites for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09078-09-3A. 5052--C 2 1 accelerated fast charger deployment to serve light duty, medium duty and 2 heavy duty vehicles; and 3 4. Identifying additional high priority areas for the deployment of 4 charging for medium and heavy duty vehicles, such as school buses, tran- 5 sit buses, and other light, medium and heavy duty commercial fleet 6 depots, including taxi and ride-share vehicle fleets, and removing 7 barriers to charging deployment, including electric infrastructure 8 constraints. 9 5. Identifying additional priority areas for deployment of charging 10 infrastructure designed to support building of charging in densely popu- 11 lated urban areas where access to charging is currently or may be limit- 12 ed. 13 § 2. The public authorities law is amended by adding a new section 14 1885 to read as follows: 15 § 1885. Highway and depot charging needs evaluation. 1. Within nine 16 months of the effective date of this section, and every three years 17 thereafter, the authority, in consultation with the department of trans- 18 portation, the department of motor vehicles, the New York state thruway 19 authority, the New York power authority, the Long Island power authori- 20 ty, the department of environmental conservation, the electric distrib- 21 ution and local transmission utilities, the New York Association for 22 Pupil Transportation, and freight logistics experts shall conduct a 23 needs evaluation to: 24 (a) consider planning by the department of transportation for fast 25 charger deployment along alternative fuel corridors and major freight 26 corridors; 27 (b) identify the number and location of fast chargers along priority 28 highway corridors and major freight corridors, including fast chargers 29 currently in operation and in development; 30 (c) estimate future need for fast charger deployment along priority 31 highway and major freight corridors for the purposes of (i) facilitating 32 the cost-effective and timely achievement of mandates under (1) article 33 seventy-five of the environmental conservation law, (2) section 34 19-0306-b of the environmental conservation law regarding zero-emissions 35 vehicle sales targets, (3) rules and regulations for zero-emissions 36 vehicles adopted by the commissioner of environmental conservation, and 37 (4) other relevant and applicable federal and state rules or regulations 38 or local goals to reduce transportation sector emissions; and (ii) 39 supporting electric vehicle adoption by consumers and fleet operators; 40 (d) identify the number and location of highway charging hubs, includ- 41 ing but not limited to thruway charging hubs and freight charging hubs, 42 currently in operation and in development along priority highway and 43 major freight corridors; 44 (e) estimate total charging capacity required to serve light duty, 45 medium duty, and heavy duty electric vehicles at each highway and 46 freight charging hub through at least the year two thousand fifty; 47 (f) identify, to the extent practicable, the number and location of 48 commercial and public fleet vehicles in operation, including their body 49 type, fuel type, model year, zip code, and other relevant information 50 needed to forecast the number and location of zero-emissions vehicles, 51 per state policy; 52 (g) identify the number and location of fleet charging zones; 53 (h) estimate future need for charging deployment and charging capacity 54 in the fleet charging zones, sufficient to satisfy the targets and regu- 55 lations identified in paragraph (c) of this subdivision;A. 5052--C 3 1 (i) examine ways to optimize fast charger deployment among the highway 2 charging hubs, the freight charging hubs, and all such charging hubs, 3 and charging development among the fleet charging zones to reduce the 4 cost of interconnection, if deemed necessary, and electric distribution 5 and local transmission upgrades while serving projected vehicle traffic 6 volumes; 7 (j) analyze and asses the total potential costs associated with any 8 identified need; 9 (k) analyze and assess federal or state funding opportunities to mini- 10 mize such costs to rate payers; and 11 (l) identify the number and location of critical public charging sites 12 and estimate future need for charging deployment and charging capacity 13 for critical public charging sites. 14 2. The authority shall develop a stakeholder engagement process to 15 raise consumer awareness and education across the state and solicit 16 feedback from the public, local government, representatives or residents 17 of environmental justice or disadvantaged communities, electric vehicle 18 manufacturers, electric vehicle supply equipment manufacturers, fleet 19 operators, school district transportation directors and others on the 20 highway and depot charging needs evaluation. To the extent practicable 21 and consistent with applicable timelines, the authority may coordinate 22 the highway and depot charging needs evaluation stakeholder input proc- 23 ess with the process set forth in section eighteen hundred eighty-four 24 of this article. 25 3. The needs evaluation shall be made publicly available on the 26 authority's website. 27 4. When conducting the needs evaluation, the following locations shall 28 be considered for designation as highway and/or freight charging hubs: 29 (a) All thruway charging hubs. 30 (b) Additional sites or geographic areas based on (i) eligibility for 31 federal, state, or other funding opportunities, including but not limit- 32 ed to needs identified through the NEVI formula program planning proc- 33 ess, (ii) proximity to electric transmission infrastructure, (iii) 34 projected vehicle traffic, (iv) charging network coverage, (v) inter- 35 state and intrastate commerce, (vi) benefits to environmental justice 36 and disadvantaged communities, (vii) benefits of increased charging 37 accessibility in host communities, (viii) real property ownership or 38 control of potential sites, (ix) relevant commitments from site and/or 39 charging operators, and (x) other factors deemed relevant for the devel- 40 opment and successful implementation of the highway charging needs eval- 41 uation. 42 (c) Locations within one mile of the priority highway corridors, 43 spaced no more than fifty miles apart along the priority highway corri- 44 dors and reasonably accessible regardless of direction of travel. 45 (d) Privately operated sites which are open to the public or multiple 46 commercial entities as eligible for designation as a highway charging 47 hub or freight charging hub, subject to reasonable restrictions. 48 (e) A single highway or freight charging hub comprised of multiple 49 charging service areas within a reasonable distance from one another. 50 5. When conducting the needs evaluation, the following geographic area 51 criteria shall be considered when determining designations as fleet 52 charging zones: 53 (a) total number of commercial and public fleet vehicles in operation 54 and/or total number of fleet operators in the geographic area, 55 (b) projected vehicle traffic in the geographic area, 56 (c) benefits to public fleets, such as school bus operators,A. 5052--C 4 1 (d) benefits to environmental justice and disadvantaged communities, 2 (e) relevant commitments from fleet and/or site operators to install 3 charging equipment, 4 (f) available capacity on the electric distribution and local trans- 5 mission network to serve vehicle chargers, 6 (g) ensuring equitable coverage and access to fleet charging through- 7 out the state, and 8 (h) sites where private or public fleet vehicles are regularly parked, 9 maintained, or otherwise dispatched for service, including school bus 10 garages. 11 6. As used in this section, the following terms shall have the follow- 12 ing meanings: 13 (a) "Alternative fuel corridors" shall mean highways designated within 14 the state pursuant to the national electric vehicle infrastructure 15 formula program under 23 U.S.C. 151 and previously designated under the 16 federal Fixing America's Surface Transportation Act of 2015. 17 (b) "Charging needs evaluation" shall mean the highway and depot 18 charging needs evaluation. 19 (c) "Critical public charging site" shall mean a priority site for the 20 deployment of charging infrastructure designed to support buildout of 21 charging in densely populated urban areas where access to charging may 22 be limited. 23 (d) "Fast charger" shall mean a direct current electric vehicle charg- 24 ing port which can charge at a level of at least one hundred fifty kilo- 25 watts. 26 (e) "Fleet charging zone" shall mean a priority geographic area for 27 the deployment of charging infrastructure for public and commercial 28 fleet operators or owners, including school bus fleets, taxi and ride- 29 share vehicle fleets. 30 (f) "Freight charging hub" shall mean a priority site for the deploy- 31 ment of large scale, fast charging infrastructure, which has minimum 32 station power capability at or above six hundred kilowatts and supports 33 at least one hundred fifty kilowatts per port simultaneously across four 34 ports for charging. These sites may include highway charging hubs. 35 (g) "Highway and depot charging needs evaluation" shall mean the needs 36 evaluation developed pursuant to subdivision two of this section. 37 (h) "Highway charging hub" shall mean a priority site for the deploy- 38 ment of large scale, fast charging infrastructure, which has minimum 39 station power capability at or above six hundred kilowatts and supports 40 at least one hundred fifty kilowatts per port simultaneously across four 41 ports for charging. These sites shall include but are not limited to 42 thruway charging hubs. 43 (i) "Major freight corridor" shall mean segments of the freight trans- 44 portation network identified by the federal highway administration that 45 carry more than fifty million tons per year, including highway segments 46 that carry at least eight thousand five hundred trucks per day, addi- 47 tional highway segments and parallel rail lines that together carry at 48 least eight thousand five hundred truck, trailer-on-flatcar, and 49 container-on-flatcar payloads of typically high-value, time sensitive 50 cargo, and rail lines and waterways that carry fifty million tons in 51 bulk cargo per year. 52 (j) "NEVI" shall mean the national electric vehicle infrastructure 53 program established under the federal Infrastructure Investment and Jobs 54 Act of 2021. 55 (k) "Priority highway corridor" shall mean alternative fuel corridors 56 and other state and county highways identified in the charging needsA. 5052--C 5 1 evaluation as appropriate to ensure sufficient and equitable charging 2 access throughout the state. 3 (l) "Thruway charging hubs" shall mean all highway service areas 4 controlled, leased, owned, or operated by the New York state thruway 5 authority. 6 § 3. This act shall take effect immediately.
