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


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-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         9361--A

                   IN ASSEMBLY

                                    February 23, 2022
                                       ___________

        Introduced  by M. of A. EPSTEIN, THIELE -- read once and referred to the
          Committee on Governmental Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the state finance law, in relation to requiring  commer-
          cial  garages  containing electric vehicle charging stations to ensure
          public access to such charging stations commercially reasonable rental
          or fee rates

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

     1    Section  1.  The  state finance law is amended by adding a new section
     2  18-a to read as follows:
     3    § 18-a. Parking facilities; fees for electric vehicle  charging.    1.
     4  For the purposes of this section the term "commercial garage" shall mean
     5  any  privately  owned  building  or  facility  where  motor vehicles are
     6  parked, stored, serviced, or repaired, and whose  space  and  facilities
     7  are  available  to  the  public  for a parking fee without regard to the
     8  residence, business or employment of the motor vehicle owner or operator
     9  utilizing such space or facilities.
    10    2. Beginning upon the effective date of this section  and  thereafter,
    11  any owner or operator of a commercial garage that receives funds, loans,
    12  credits,  or  tax  incentives, or that receives a waiver or reduction of
    13  any fee or surcharge required to be  paid  by  a  utility,  or  that  is
    14  financed  in  whole  or  in  part  by any utility ratepayers, from or on
    15  behalf of the power authority of the state of New  York,  the  New  York
    16  state  energy  research  and development authority or the public service
    17  commission,  for  purposes  related   to   a   project   involving   the
    18  construction,  acquisition,  installation,  reconstruction, improvement,
    19  maintenance, equipping, furnishing or leasing  of  an  electric  vehicle
    20  charging station, shall be required to develop and implement a policy to
    21  ensure  public  access  to  electric  vehicle  charging  at commercially
    22  reasonable rental or fee rates.
    23    3. Such policy required under subdivision two of  this  section  shall
    24  include, but not be limited to: (a) waiving any and all parking fees for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14337-04-2

        A. 9361--A                          2

     1  any motor vehicle owner or operator utilizing such commercial garage for
     2  the  sole  purpose  of  accessing and using an electric vehicle charging
     3  station located in such commercial  garage;  (b)  adopting  commercially
     4  reasonable  rental  or  fee  rates  for any time that such motor vehicle
     5  owner or operator is actively accessing or  using  an  electric  vehicle
     6  charging  station in such commercial garage; and (c) charging additional
     7  fees, such as dwell fees, as the owner or operator  of  such  commercial
     8  garage  may deem appropriate and necessary, for any time that such motor
     9  vehicle owner or operator is utilizing such commercial garage but is not
    10  actively using an electric vehicle charging station.
    11    4. The public service  commission,  in  consultation  with  the  power
    12  authority  of  the  state  of  New  York  and  the New York state energy
    13  research and development authority, shall have the  authority  to  adopt
    14  regulations  and  issue  guidance to effectuate any of the provisions of
    15  this section.
    16    5. Nothing  contained  in  this  section  shall  impair  any  existing
    17  contract, award, or other agreement, except that any renewal, amendment,
    18  or modification of any such contract, award or agreement occurring on or
    19  after  the effective date of this section shall be subject to the condi-
    20  tions specified in this section.
    21    § 2. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law. Effective immediately, the addition,  amend-
    23  ment and/or repeal of any rule or regulation necessary for the implemen-
    24  tation  of  this act on its effective date are authorized to be made and
    25  completed on or before such effective date.
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