Bill Text: NY A09361 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires commercial garages containing electric vehicle charging stations to ensure public access to such charging stations at commercially reasonable rental or fee rates.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2022-05-24 - reported referred to ways and means [A09361 Detail]

Download: New_York-2021-A09361-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9361

                   IN ASSEMBLY

                                    February 23, 2022
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to amend the state finance law, the public  authorities  law  and
          the  public service law, in relation to requiring every parking garage
          with an electric vehicle charging station installed with  state  funds
          to be open to the public

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

     1    Section 1. Section 4 of the state finance law is amended by  adding  a
     2  new subdivision 14 to read as follows:
     3    14.  (a)  Notwithstanding  any contrary provision of law, beginning on
     4  the effective date of this subdivision and thereafter, no state  agency,
     5  state  official or state employee acting in his or her official capacity
     6  shall pay out or otherwise disburse money from any fund or account under
     7  the management of the state for any project involving the  construction,
     8  acquisition,  installation,  reconstruction,  improvement,  maintenance,
     9  equipping, furnishing or leasing of an electric vehicle charging station
    10  in a commercial garage, unless such garage waives  any  and  all  access
    11  fees for a motor vehicle owner or operator solely charging their vehicle
    12  at a charging station located in such garage.
    13    (b)  For  the  purposes of this subdivision, "commercial garage" means
    14  any privately owned  building  or  facility  where  motor  vehicles  are
    15  parked, stored, serviced or repaired, and whose space and facilities are
    16  available  to  the  public for an access fee without regard to the resi-
    17  dence, business or employment of the motor  vehicle  owner  or  operator
    18  seeking such space or facilities.
    19    (c) Subject to the provisions of this subdivision, the comptroller and
    20  the  division of the budget, in consultation with the power authority of
    21  the state of New York, the New York state energy research  and  develop-
    22  ment authority and the public service commission, shall be authorized to
    23  establish rules and regulations for the effective administration of this
    24  subdivision.
    25    (d)  Nothing contained in this subdivision shall operate to impair any
    26  existing contract, award, or other agreement, except that  any  renewal,
    27  amendment  or  modification  of  any  such contract, award, or agreement
    28  occurring on or after the effective date of this  subdivision  shall  be
    29  subject to the conditions specified in this subdivision.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14337-03-2

        A. 9361                             2

     1    (e)  Notwithstanding  any  contrary provision of this subdivision, the
     2  owner or operator of an electric vehicle  charging  station  may  charge
     3  commercially  reasonable rental or fees for the use or operation of such
     4  charging station as the owner or operator may deem necessary in  accord-
     5  ance  with  any  rules  or regulations established pursuant to paragraph
     6  (c) of this subdivision.
     7    (f)  Notwithstanding  any  contrary provision of this subdivision, the
     8  owner or operator of a  commercial  garage  may  charge  a  commercially
     9  reasonable  dwell  fee for any period of time an electric vehicle is not
    10  actively charging at an electric vehicle  charging  station  located  in
    11  such  garage  in  accordance  with  any rules or regulations established
    12  pursuant to paragraph (c) of this subdivision.
    13    § 2. Subdivision 9-a of section 1005 of the public authorities law, as
    14  added by section 1 of part KK of chapter 58 of  the  laws  of  2019,  is
    15  amended to read as follows:
    16    9-a.  As  deemed  feasible  and  advisable by the trustees, to design,
    17  finance, develop, construct, install, lease, operate and maintain  elec-
    18  tric  vehicle  charging  stations  throughout  the  state for use by the
    19  public, provided that no  such  charging  station  shall  be  authorized
    20  pursuant  to  this  subdivision  in  any  commercial garage, unless such
    21  garage waives any and all access fees for a motor vehicle owner or oper-
    22  ator solely charging their vehicle at a charging station located in such
    23  garage in accordance with the  provisions  of  subdivision  fourteen  of
    24  section four of the state finance law. The authority shall annually post
    25  on  their  website  a  report on those activities undertaken pursuant to
    26  this subdivision, including but not limited  to:  the  total  number  of
    27  electric vehicle charging stations in operation pursuant to such author-
    28  ization, the locations of such charging stations, and the total costs to
    29  the authority associated with such activities.
    30    §  3.  Subdivision  8 of section 1854 of the public authorities law is
    31  amended by adding a new paragraph (c) to read as follows:
    32    (c) Notwithstanding any contrary provision of law, no  special  energy
    33  project  shall  be authorized pursuant to this subdivision in connection
    34  with  the  construction,  acquisition,   installation,   reconstruction,
    35  improvement,  maintenance,  equipping, furnishing or leasing of an elec-
    36  tric vehicle charging station in a commercial garage, unless such garage
    37  waives any and all access fees for a motor  vehicle  owner  or  operator
    38  solely  charging  their  vehicle  at  a charging station located in such
    39  garage in accordance with the  provisions  of  subdivision  fourteen  of
    40  section four of the state finance law.
    41    §  4.  Section 66 of the public service law is amended by adding a new
    42  subdivision 30 to read as follows:
    43    30. Notwithstanding any contrary provision of law, no  program  estab-
    44  lished  or  implemented  by  the  commission  to incentivize the design,
    45  financing, development,  construction,  installation,  lease,  operation
    46  and/or maintenance of electric vehicle charging stations (a) through the
    47  waiver  or  reduction  of  any fee or surcharge required to be paid by a
    48  utility or (b) that is financed in whole or in part  by  any  ratepayers
    49  shall  authorize the siting of an electric vehicle charging station in a
    50  commercial parking garage, unless such garage waives any an  all  access
    51  fees for a motor vehicle owner or operator solely charging their vehicle
    52  at  a  charging station in such garage in accordance with the provisions
    53  of subdivision fourteen of section four of the state finance law.
    54    § 5. This act shall take effect immediately.
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