Bill Text: NY S01736 | 2023-2024 | General Assembly | Amended
Bill Title: Requires new construction that includes dedicated off-street parking to provide electric vehicle charging stations and electric vehicle ready parking spaces.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed) 2024-02-14 - PRINT NUMBER 1736D [S01736 Detail]
Download: New_York-2023-S01736-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1736--D 2023-2024 Regular Sessions IN SENATE January 13, 2023 ___________ Introduced by Sens. KRUEGER, CHU, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KENNEDY, MAY, MYRIE, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- reported favorably from said committee and committed to the Committee on Energy and Tele- communications -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Energy and Telecommunications -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to requiring new construction that includes dedicated off-street parking to provide electric vehicle charging stations and electric vehicle ready parking spaces The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 378 of the executive law is amended by adding a new 2 subdivision 17-a to read as follows: 3 17-a. a. Standards to require new construction that includes dedicated 4 off-street parking involving a garage, driveway, parking lot or other 5 off-street parking, to have: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03756-15-4S. 1736--D 2 1 (i) electric vehicle charging stations as defined in paragraph (b) of 2 subdivision one of section three hundred thirty-nine-ll of the real 3 property law; and 4 (ii) electric vehicle ready parking spaces. 5 b. For the purposes of this subdivision: 6 (i) "electric vehicle ready parking space" shall mean a parking space 7 with a dedicated branch circuit that is not less than 208/240-volt and 8 equipped with circuit breakers and other necessary electrical compo- 9 nents, terminating in a receptacle, or outlet, as necessary to enable 10 electric vehicle charging; 11 (ii) "level 2 electric vehicle charging station" shall mean an elec- 12 tric vehicle charging station that provides an alternating current power 13 source at a minimum of 208/240 volts; 14 (iii) "new construction" shall mean the erection of an entirely new 15 structure not attached or affiliated with any existing construction 16 on the property. "New construction" shall not include a new addition or 17 capital improvement to existing construction nor shall it constitute 18 an addition to the property; 19 (iv) "mixed-use building" shall mean a building or structure used for 20 both residential and commercial purposes; provided that a mixed-use 21 building shall be considered residential if fifty per centum or less of 22 the aggregate floor area of such building is used or held out for use as 23 commercial space, community facility, or accessory use space and a 24 mixed-use building shall be considered commercial if more than fifty per 25 centum of the aggregate floor area of such building is used or held out 26 for use as commercial space, community facility, or accessory use space; 27 (v) "direct current fast charging station" shall mean an electric 28 vehicle charging station that is capable of providing a direct current 29 power source at a minimum of 150 kilowatts; 30 (vi) "electric vehicle energy management system" shall mean a 31 system to control electric vehicle charging station loads comprised of a 32 monitor or monitors, communications equipment, a controller or control- 33 lers, a timer or timers and other applicable devices; and 34 (vii) "automobile parking lift" shall mean a mechanical device 35 designed to vertically lift automobiles and store them on a mobile 36 elevated platform for the purpose of parking. 37 c. Standards promulgated pursuant to this subdivision shall require 38 that the number of electric vehicle charging stations, and electric 39 vehicle ready parking spaces pursuant to paragraph a of this subdivision 40 shall be as follows: 41 (i) a one, two or three-family home equipped with a garage, driveway 42 or parking lot, or other off-street parking, shall have at least one 43 electric vehicle ready parking space at not less than 20-ampere for each 44 dwelling unit up to the total number of parking spaces; 45 (ii) a multi-unit residential building with off-street parking shall 46 have one hundred percent of available parking spaces be at least elec- 47 tric vehicle ready parking spaces at not less than 20-ampere, which 48 shall include at least twenty percent of available parking spaces 49 equipped with level 2 electric vehicle charging stations at not less 50 than 20-ampere. If there is a decimal in the calculation of the 51 percentage of parking spaces, such decimal shall be rounded to the next 52 largest whole number greater than zero. For two adjacent electric vehi- 53 cle ready parking spaces or level 2 electric vehicle charging stations 54 required by this subparagraph, a single branch circuit of not less than 55 40-ampere shall be permitted. For buildings with individually metered 56 residential units and parking spaces specifically designated for the useS. 1736--D 3 1 of individual units, electric vehicle ready parking spaces and level 2 2 electric vehicle charging stations installed in such parking spaces 3 shall be wired to the individual unit's electrical meter, unless deemed 4 infeasible by the local department of buildings or similar entity having 5 jurisdiction; 6 (iii) a commercial building with between one and ten parking spaces 7 shall have at least one available parking space be an electric vehicle 8 ready parking space at not less than 40-ampere or equipped with a level 9 2 electric vehicle charging station at not less than 40-ampere or direct 10 current fast charging station; 11 (iv) a commercial building with eleven or more parking spaces shall 12 have at least twenty percent of available parking spaces be at least 13 electric vehicle ready parking spaces at not less than 40-ampere, which 14 shall include at least ten percent of available parking spaces equipped 15 with level 2 electric vehicle charging stations at not less than 40-am- 16 pere or direct current fast charging stations. If there is a decimal in 17 the calculation of the percentage of parking spaces, such decimal shall 18 be rounded to the nearest whole number greater than zero. For every 19 additional electric vehicle ready parking space or level 2 electric 20 vehicle charging station beyond the number required by this subpara- 21 graph, two electric vehicle ready parking spaces or level 2 electric 22 vehicle charging stations required by this subparagraph may be served by 23 a single branch circuit of not less than 40-ampere; 24 (v) for a commercial building subject to the requirements of subpara- 25 graph (iv) of this paragraph, the installation of one direct current 26 fast charging station shall be considered equivalent to ten level 2 27 electric vehicle charging stations or electric vehicle ready parking 28 spaces; and 29 (vi) for a building subject to subparagraphs (ii) and (iv) of this 30 paragraph that includes an automobile parking lift, the number of park- 31 ing spaces used to determine the number of required electric vehicle 32 ready parking spaces and level 2 electric vehicle charging stations 33 shall equal the total number of parking spaces minus the number of 34 elevated parking spaces contained in the automobile parking lift. 35 d. Requirements for installation of electric vehicle charging stations 36 and electric vehicle ready parking spaces under this subdivision may be 37 met by installing multiple electric vehicle charging stations or elec- 38 tric vehicle ready parking spaces on a single branch circuit, when used 39 in conjunction with an electric vehicle energy management system to 40 control charging station loads. 41 e. The owner of a building subject to paragraph c of this subdivision 42 may apply to the local department of buildings or similar entity for a 43 waiver of the requirements of this subdivision, which such local depart- 44 ment of buildings or similar entity may grant if such owner can demon- 45 strate that the provisions present an undue hardship due to limitations 46 of the local utility provider, or that the geographic location of the 47 site is such that compliance would result in a significant burden on the 48 owner. 49 f. The requirements of this subdivision shall not apply to one hundred 50 percent affordable housing. For the purposes of this subdivision, the 51 term "one hundred percent affordable housing" shall mean a multi-unit 52 residential building in which one hundred percent of dwelling units are 53 required, pursuant to a federal, state, or local law, rule, or program, 54 to be affordable for tenants or owners where the occupant's household 55 income relative to the area median income does not exceed a fixed 56 percentage or percentages, and that is subject to an actual or antic-S. 1736--D 4 1 ipated agreement with a local, state, or federal governmental entity for 2 the purposes of providing affordable housing in a given locality or 3 region. 4 g. Standards promulgated pursuant to this subdivision shall include 5 requirements for clear and prominent signage denoting the availability 6 and location of electric vehicle ready parking spaces and electric vehi- 7 cle charging stations. 8 h. Nothing in this subdivision shall be interpreted or otherwise 9 construed as preempting a municipality from adopting standards, codes, 10 rules, or regulations that are more strict than those contained in this 11 subdivision. 12 § 2. This act shall take effect April 1, 2025 and shall apply to 13 contracts for new construction entered into on and after such date.