Bill Text: NY S00487 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the New York State Department of Transportation, in conjunction with the New York State Energy Research and Development Authority and the New York Power Authority, to promulgate rules and regulations for the standardization of public charging stations for electric vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO TRANSPORTATION [S00487 Detail]

Download: New_York-2023-S00487-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           487

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT directing the New York State  Department  of  Transportation,  in
          conjunction  with  the  New York State Energy Research and Development
          Authority and the New York Power Authority, to  promulgate  rules  and
          regulations  for  the  standardization of public charging stations for
          electric vehicles

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

     1    Section  1.  Purpose. The New York State Department of Transportation,
     2  in conjunction with the New York State Energy Research  and  Development
     3  Authority  and  the New York Power Authority, shall promulgate rules and
     4  regulations for the standardization  of  public  charging  stations  for
     5  electric vehicles in accordance with the provisions of this act.
     6    §  2. Definitions. As used in this act, the following terms shall have
     7  the following meanings:
     8    (a) "Electric vehicle" means a motor vehicle subject  to  registration
     9  pursuant  to  subdivision six of section four hundred one of the vehicle
    10  and traffic law which is: (i)  powered  by  an  electric  motor  drawing
    11  current from rechargeable storage batteries or other portable electrical
    12  energy  storage  devices;  and  (ii)  capable of being recharged from an
    13  external source of electricity.
    14    (b) "Plug-in hybrid electric vehicle" means an electric  vehicle  that
    15  has an internal combustion engine or other propulsion system.
    16    (c)  "Public  electric vehicle charging station complex" means an area
    17  which contains electric vehicle chargers to supply electricity to  elec-
    18  tric vehicles and is open to the general public.
    19    (d)  "Non-public vehicle charging station complex" means an area which
    20  contains electric vehicle chargers to  supply  electricity  to  electric
    21  vehicles  and which is not open to the general public, including but not
    22  limited to, dealerships, sales offices and service departments or  auto-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02177-01-3
        S. 487                              2

     1  mobile repair shops, automobile rental agencies and trucking or delivery
     2  businesses.
     3    (e)  "Electric  vehicle  charger"  means  a device containing electric
     4  vehicle service equipment and software,  which,  when  connected  to  an
     5  electric vehicle, delivers electricity to the electric vehicle.
     6    (f)  "Level  2  electric  vehicle  charger" or "slow charger" means an
     7  electric vehicle charger that when  connected  to  an  electric  vehicle
     8  delivers electricity through an AC current. Level 2 chargers are common-
     9  ly known as the slow chargers.
    10    (g) "Level 3 electric vehicle charger" means an electric vehicle char-
    11  ger  that  when  connected  to  an electric vehicle delivers electricity
    12  through a DC current. Level 3 Chargers are commonly known  as  the  fast
    13  chargers.
    14    (h)  "Electric  vehicle service equipment" means equipment, both above
    15  and below ground, installed for the purpose of transmitting  electricity
    16  between the electric vehicle charging station's charging coupler and the
    17  electric vehicle's connector.
    18    (i)  "Electric  vehicle service equipment software" means the software
    19  programs and other information technologies used to operate the electric
    20  vehicle charging equipment.
    21    § 3. Charging spaces. (a) Each public charging station  complex  shall
    22  provide  space for no less than eight vehicles to be charged. All public
    23  charging station complexes shall offer the two most used  level  2  slow
    24  charger  and  level  3 fast charger technologies on four of the electric
    25  vehicle chargers for four of the spaces. The four remaining spaces shall
    26  be serviced by chargers containing only level 3 technologies.
    27    (b) No person shall park in a space  equipped  with  a  charger  at  a
    28  public electric vehicle charging station, unless such person is charging
    29  a plug-in hybrid electric vehicle or battery electric vehicle.
    30    §  4. Owners or operators of public electric vehicle charging stations
    31  shall be  prohibited  from  requiring  a  subscription,  application,  a
    32  membership  in  any club, association, or organization as a condition of
    33  using the chargers at the public electric vehicle charging complex. Each
    34  electric vehicle charger shall accept all major credit cards as  defined
    35  in  section  521 of the general business law and not require any special
    36  credit card solely distributed by the  public  charging  station.  Other
    37  options to pay for charging services may be available as well.
    38    §  5.  (a)  Owners  and  operators of public electric vehicle charging
    39  station complexes are prohibited from charging  customers  by-the-minute
    40  and  must charge per kilowatt hours for the purpose of charging an elec-
    41  tric vehicle. The unit price of the kilowatt hours shall be displayed on
    42  the face of each charging station prior to and at  any  point  during  a
    43  customer's transaction.
    44    (b)  Notwithstanding  subdivision  (a) of this section, the owners and
    45  operators of public  electric  vehicle  charging  complexes  may  impose
    46  restrictions  on  the  amount  of  time  that an electric vehicle may be
    47  charged at the  charging  station.  Upon  the  vehicle  becoming  fully-
    48  charged,  the  owner/operator may charge an additional fee of $10.00 for
    49  each half hour or part thereof that the vehicle  is  parked  beyond  the
    50  time  necessary  to  charge the vehicle in addition to the cost of elec-
    51  tricity.
    52    § 6. Electric vehicle charging stations as described in this  act  are
    53  exempt  from  being  defined as an electricity corporation as defined in
    54  section 2 of the public service law.
    55    § 7. (a) Owners and operators  of  public  electric  vehicle  charging
    56  stations  must maintain signage at the electric vehicle charging station
        S. 487                              3

     1  that displays the status of each electric  vehicle  charger,  the  total
     2  number  of  chargers  and the number of available chargers (total number
     3  less those being used), and how long a wait for the next charger  to  be
     4  available,  the  name  and  address and phone number of the operator and
     5  owner, the cost of charging including any additional fees  that  may  be
     6  charged  beyond  the  cost of electricity for non-charging vehicles, and
     7  any rules or regulations customers must follow at the  charging  station
     8  complex when using the chargers.
     9    (b)  All publicly-owned highway signs or signs at exits of highways in
    10  the state that display information about the availability  and  location
    11  of gas stations shall also provide information regarding the availabili-
    12  ty  and location of public electric vehicle charging stations, including
    13  the number of available chargers  available  and  the  distance  to  the
    14  charging station complex.
    15    § 8. The provisions of this act shall not apply to non-public charging
    16  complexes which are not for use by the general public are not subject to
    17  the  requirements of this law provided signage is clearly displayed that
    18  no electric vehicle chargers are available to the general public  except
    19  for customers of the business or those vehicles owned by the business.
    20    § 9. This act shall take effect immediately.