Bill Text: NY A10383 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires electric corporations build make-ready infrastructure to facilitate the charging of electric vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-21 - referred to energy [A10383 Detail]

Download: New_York-2023-A10383-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10383

                   IN ASSEMBLY

                                      May 21, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
          read once and referred to the Committee on Energy

        AN ACT to amend the public service law, in relation  to  building  make-
          ready electrical infrastructure for the charging of electric vehicles

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

     1    Section 1. The public service law is amended by adding a  new  section
     2  66-x to read as follows:
     3    §  66-x.  Make-ready  electrical infrastructure. 1. Legislative intent
     4  and purpose. It is the intent and purpose of this section  to  implement
     5  cost  effective  and unified treatment by electric corporations of elec-
     6  trical distribution infrastructure,  and  certain  customer-owned  make-
     7  ready  infrastructure,  needed  to charge electric vehicles; and provide
     8  for certain costs of such infrastructure  to  be  included  in  electric
     9  corporations'  rate  bases  and  generally  recovered  through  rates or
    10  surcharges, instead of  directly  from  the  customers  served  by  such
    11  infrastructure.  Nothing  in this section shall modify any obligation of
    12  an electric corporation to provide a full  and  accurate  accounting  of
    13  costs related to electrical distribution infrastructure needed to charge
    14  electric vehicles.
    15    2.  Definitions.  For the purposes of this section the following terms
    16  shall have the following meanings:
    17    (a) "Electrical distribution infrastructure" means any utility facili-
    18  ties used to distribute electric  service  to  customers,  and  includes
    19  poles,  vaults,  service  drops, transformers, mounting pads, trenching,
    20  conduit, wire, cable, meters, other equipment as necessary, and  associ-
    21  ated engineering and civil construction work.
    22    (b)  "Utility-owned  make-ready costs" means any capital investment in
    23  electrical distribution infrastructure needed to connect and serve a new
    24  electric vehicle charger, including  step  down  transformers,  overhead
    25  service lines, and utility meters.
    26    (c)  "Customer-owned make-ready costs" means any capital investment in
    27  equipment or infrastructure beyond the utility service  point  necessary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15064-02-4
        A. 10383                            2

     1  to make a site, other than a single-family residence, ready to accept an
     2  electric vehicle charger, including conductors, trenching, and panels.
     3    (d) "Disadvantaged community" means a community defined as a disadvan-
     4  taged  community under article seventy-five of the environmental conser-
     5  vation law.
     6    (e) "Public serving fleet" means a fleet of vehicles owned, leased, or
     7  contracted by the state, any municipality, public  authority  or  school
     8  district that owns, leases, or contracts more than twenty-five vehicles.
     9    3.  Reasonable  efforts  required.  Electric  corporations  shall make
    10  reasonable efforts to ensure that any infrastructure built  pursuant  to
    11  this  section  is  efficiently  sized  and  operated.  Such  efforts may
    12  include, but not be limited to, considering customers' reasonably  fore-
    13  seeable load management activities and deployments of distributed energy
    14  resources.
    15    4.  Application.  No later than sixty days after the effective date of
    16  this section, all electric corporations shall file an  application  with
    17  the  commission to establish a tariff that shall replace the line exten-
    18  sion rules currently used by such electric corporations. Such tariff, at
    19  a minimum, shall:
    20    (a) provide for such  electric  corporation  to  deploy  customer-side
    21  make-ready infrastructure;
    22    (b)  authorize  such  electric corporation to include in its base rate
    23  one hundred percent of all reasonable and  prudent  utility-owned  make-
    24  ready costs;
    25    (c)  authorize such electronic corporation to include in its base rate
    26  of reasonable and  prudent  customer-side  make-ready  costs  needed  to
    27  prepare a site for electric vehicle charging in the following manner:
    28    (i)  a minimum fifty percent or higher where authorized by the commis-
    29  sion, of customer-owned make-ready costs in locations that are not with-
    30  in two miles of a disadvantaged community zone;
    31    (ii) one hundred percent of customer-owned  make-ready  costs  located
    32  within a disadvantaged community or disadvantaged community zone;
    33    (iii)  one  hundred  percent  of  customer-owned  make-ready costs for
    34  public serving fleets; and
    35    (d) provide  that  the  portion  of  customer-owned  make-ready  costs
    36  included  in  the  electric corporation's rate base shall not be charged
    37  directly or solely to the customer served by such make-ready infrastruc-
    38  ture.
    39    5. Disadvantaged community zone. For the purposes of this section  the
    40  commission shall define the term "disadvantaged community zone".
    41    6. Cost treatment and recovery for utility-owned make-ready costs. All
    42  electric  corporations  shall  maintain  budgets  for its costs incurred
    43  under this section.  The  portion  of  customer-owned  make-ready  costs
    44  incurred by an electric corporation pursuant to subdivision four of this
    45  section  shall  be  treated in accordance with a depreciation or amorti-
    46  zation schedule as authorized by the  commission.  Any  electric  corpo-
    47  ration  may  recover  the revenue requirement associated with such costs
    48  through a surcharge mechanism until its base rates are reset. Any  elec-
    49  tric corporation seeking to recover such costs through a surcharge mech-
    50  anism  shall  include  such  proposal  as  part of its application filed
    51  pursuant to subdivision four of this section.
    52    7. Approval of tariffs. The commission shall, after notice and  oppor-
    53  tunity  for  public  comment and within ninety days of the filing of the
    54  tariff, approve, or modify and approve, such tariff.
    55    § 2. This act shall take effect immediately.