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 - Dead) 2022-05-24 - reported referred to ways and means [A09361 Detail]
Download: New_York-2021-A09361-Introduced.html
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 - Dead) 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. LBD14337-03-2A. 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.