Bill Text: NY S04830 | 2023-2024 | General Assembly | Amended


Bill Title: Establishes a highway and depot charging needs evaluation to assist in achieving targets set forth by the climate leadership and community protection act, zero-emissions vehicle sales target and regulations, including the advanced clean truck, advanced clean cars II rules and the zero-emissions school bus mandate.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced) 2023-06-08 - SUBSTITUTED BY A5052C [S04830 Detail]

Download: New_York-2023-S04830-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4830--C

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 15, 2023
                                       ___________

        Introduced  by Sens. KENNEDY, COMRIE, COONEY, GOUNARDES, HARCKHAM, HOYL-
          MAN-SIGAL, MAYER, PARKER -- read twice and ordered printed,  and  when
          printed  to be committed to the Committee on Corporations, Authorities
          and  Commissions  --  committee  discharged,  bill  amended,   ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT to amend the public authorities law, in relation to conducting a
          highway and depot charging needs evaluation

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

     1    Section 1. Legislative findings. In order to achieve targets set forth
     2  by  the  climate leadership and community protection act, zero-emissions
     3  vehicle sales target and regulations, including the advanced clean truck
     4  and advanced clean cars II rules, zero-emissions school bus mandate, and
     5  other relevant goals, the interests of the people of the state would  be
     6  served by:
     7    1.  Coordinating  efforts  to  plan for electric vehicle fast-charging
     8  deployment on New York's highways;
     9    2. Identifying priority sites for  the  deployment  of  fast  chargers
    10  along  New  York's  highways, estimating future charging demand at these
    11  sites for all vehicle classes, and identifying necessary  electric  grid
    12  transmission   and   distribution   infrastructure  and  interconnection
    13  upgrades at these sites;
    14    3. Expediting electric grid transmission and distribution  infrastruc-
    15  ture  and  interconnection  upgrades at sites controlled by the New York
    16  state thruway authority, sufficient to future-proof  thruway  sites  for
    17  accelerated fast charger deployment to serve light duty, medium duty and
    18  heavy duty vehicles; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09078-10-3

        S. 4830--C                          2

     1    4.    Identifying additional high priority areas for the deployment of
     2  charging for medium and heavy duty vehicles, such as school buses, tran-
     3  sit buses, and other light,  medium  and  heavy  duty  commercial  fleet
     4  depots,  including  taxi  and  ride-share  vehicle  fleets, and removing
     5  barriers  to  charging  deployment,  including  electric  infrastructure
     6  constraints.
     7    5. Identifying additional priority areas for  deployment  of  charging
     8  infrastructure designed to support building of charging in densely popu-
     9  lated urban areas where access to charging is currently or may be limit-
    10  ed.
    11    §  2.  The  public  authorities law is amended by adding a new section
    12  1885 to read as follows:
    13    § 1885. Highway and depot charging needs evaluation.  1.  Within  nine
    14  months  of  the  effective  date  of this section, and every three years
    15  thereafter, the authority, in consultation with the department of trans-
    16  portation, the department of motor vehicles, the New York state  thruway
    17  authority,  the New York power authority, the Long Island power authori-
    18  ty, the department of environmental conservation, the electric  distrib-
    19  ution  and  local  transmission  utilities, the New York Association for
    20  Pupil Transportation, and freight  logistics  experts  shall  conduct  a
    21  needs evaluation to:
    22    (a)  consider  planning  by  the department of transportation for fast
    23  charger deployment along alternative fuel corridors  and  major  freight
    24  corridors;
    25    (b)  identify  the number and location of fast chargers along priority
    26  highway corridors and major freight corridors, including  fast  chargers
    27  currently in operation and in development;
    28    (c)  estimate  future  need for fast charger deployment along priority
    29  highway and major freight corridors for the purposes of (i) facilitating
    30  the cost-effective and timely achievement of mandates under (1)  article
    31  seventy-five   of   the  environmental  conservation  law,  (2)  section
    32  19-0306-b of the environmental conservation law regarding zero-emissions
    33  vehicle sales targets, (3)  rules  and  regulations  for  zero-emissions
    34  vehicles  adopted by the commissioner of environmental conservation, and
    35  (4) other relevant and applicable federal and state rules or regulations
    36  or local goals to  reduce  transportation  sector  emissions;  and  (ii)
    37  supporting electric vehicle adoption by consumers and fleet operators;
    38    (d) identify the number and location of highway charging hubs, includ-
    39  ing  but not limited to thruway charging hubs and freight charging hubs,
    40  currently in operation and in development  along  priority  highway  and
    41  major freight corridors;
    42    (e)  estimate  total  charging  capacity required to serve light duty,
    43  medium duty, and heavy  duty  electric  vehicles  at  each  highway  and
    44  freight charging hub through at least the year two thousand fifty;
    45    (f)  identify,  to  the extent practicable, the number and location of
    46  commercial and public fleet vehicles in operation, including their  body
    47  type, fuel type, model year, zip code, and  other  relevant  information
    48  needed  to  forecast the number and location of zero-emissions vehicles,
    49  per state policy;
    50    (g) identify the number and location of fleet charging zones;
    51    (h) estimate future need for charging deployment and charging capacity
    52  in the fleet charging zones, sufficient to satisfy the targets and regu-
    53  lations identified in paragraph (c) of this subdivision;
    54    (i) examine ways to optimize fast charger deployment among the highway
    55  charging hubs, the freight charging hubs, and all  such  charging  hubs,
    56  and  charging  development  among the fleet charging zones to reduce the

        S. 4830--C                          3

     1  cost of interconnection, if deemed necessary, and electric  distribution
     2  and  local transmission upgrades while serving projected vehicle traffic
     3  volumes;
     4    (j)  analyze  and  asses the total potential costs associated with any
     5  identified need;
     6    (k) analyze and assess federal or state funding opportunities to mini-
     7  mize such costs to rate payers; and
     8    (l) identify the number and location of critical public charging sites
     9  and estimate future need for charging deployment and  charging  capacity
    10  for critical public charging sites.
    11    2.  The  authority  shall  develop a stakeholder engagement process to
    12  raise consumer awareness and education  across  the  state  and  solicit
    13  feedback from the public, local government, representatives or residents
    14  of  environmental justice or disadvantaged communities, electric vehicle
    15  manufacturers, electric vehicle supply  equipment  manufacturers,  fleet
    16  operators,  school  district  transportation directors and others on the
    17  highway and depot charging needs evaluation.  To the extent  practicable
    18  and  consistent  with applicable timelines, the authority may coordinate
    19  the highway and depot charging needs evaluation stakeholder input  proc-
    20  ess  with  the process set forth in section eighteen hundred eighty-four
    21  of this article.
    22    3. The needs evaluation  shall  be  made  publicly  available  on  the
    23  authority's website.
    24    4. When conducting the needs evaluation, the following locations shall
    25  be considered for designation as highway and/or freight charging hubs:
    26    (a) All thruway charging hubs.
    27    (b)  Additional sites or geographic areas based on (i) eligibility for
    28  federal, state, or other funding opportunities, including but not limit-
    29  ed to needs identified through the NEVI formula program  planning  proc-
    30  ess,  (ii)  proximity  to  electric  transmission  infrastructure, (iii)
    31  projected vehicle traffic, (iv) charging network  coverage,  (v)  inter-
    32  state  and  intrastate  commerce, (vi) benefits to environmental justice
    33  and disadvantaged communities,  (vii)  benefits  of  increased  charging
    34  accessibility  in  host  communities,  (viii) real property ownership or
    35  control of potential sites, (ix) relevant commitments from  site  and/or
    36  charging operators, and (x) other factors deemed relevant for the devel-
    37  opment and successful implementation of the highway charging needs eval-
    38  uation.
    39    (c)  Locations  within  one  mile  of  the priority highway corridors,
    40  spaced no more than fifty miles apart along the priority highway  corri-
    41  dors and reasonably accessible regardless of direction of travel.
    42    (d)  Privately operated sites which are open to the public or multiple
    43  commercial entities as eligible for designation as  a  highway  charging
    44  hub or freight charging hub, subject to reasonable restrictions.
    45    (e)  A  single  highway  or freight charging hub comprised of multiple
    46  charging service areas within a reasonable distance from one another.
    47    5. When conducting the needs evaluation, the following geographic area
    48  criteria shall be considered  when  determining  designations  as  fleet
    49  charging zones:
    50    (a)  total number of commercial and public fleet vehicles in operation
    51  and/or total number of fleet operators in the geographic area,
    52    (b) projected vehicle traffic in the geographic area,
    53    (c) benefits to public fleets, such as school bus operators,
    54    (d) benefits to environmental justice and disadvantaged communities,
    55    (e) relevant commitments from fleet and/or site operators  to  install
    56  charging equipment,

        S. 4830--C                          4

     1    (f)  available  capacity on the electric distribution and local trans-
     2  mission network to serve vehicle chargers,
     3    (g)  ensuring equitable coverage and access to fleet charging through-
     4  out the state, and
     5    (h) sites where private or public fleet vehicles are regularly parked,
     6  maintained, or otherwise dispatched for service,  including  school  bus
     7  garages.
     8    6. As used in this section, the following terms shall have the follow-
     9  ing meanings:
    10    (a) "Alternative fuel corridors" shall mean highways designated within
    11  the  state  pursuant  to  the  national  electric vehicle infrastructure
    12  formula program under 23 U.S.C.  151 and previously designated under the
    13  federal Fixing America's Surface Transportation Act of 2015.
    14    (b) "Charging needs evaluation"  shall  mean  the  highway  and  depot
    15  charging needs evaluation.
    16    (c) "Critical public charging site" shall mean a priority site for the
    17  deployment  of  charging  infrastructure designed to support buildout of
    18  charging in densely populated urban areas where access to  charging  may
    19  be limited.
    20    (d) "Fast charger" shall mean a direct current electric vehicle charg-
    21  ing port which can charge at a level of at least one hundred fifty kilo-
    22  watts.
    23    (e)  "Fleet  charging  zone" shall mean a priority geographic area for
    24  the deployment of charging  infrastructure  for  public  and  commercial
    25  fleet  operators  or owners, including school bus fleets, taxi and ride-
    26  share vehicle fleets.
    27    (f) "Freight charging hub" shall mean a priority site for the  deploy-
    28  ment  of  large  scale,  fast charging infrastructure, which has minimum
    29  station power capability at or above six hundred kilowatts and  supports
    30  at least one hundred fifty kilowatts per port simultaneously across four
    31  ports for charging. These sites may include highway charging hubs.
    32    (g) "Highway and depot charging needs evaluation" shall mean the needs
    33  evaluation developed pursuant to subdivision two of this section.
    34    (h)  "Highway charging hub" shall mean a priority site for the deploy-
    35  ment of large scale, fast charging  infrastructure,  which  has  minimum
    36  station  power capability at or above six hundred kilowatts and supports
    37  at least one hundred fifty kilowatts per port simultaneously across four
    38  ports for charging. These sites shall include but  are  not  limited  to
    39  thruway charging hubs.
    40    (i) "Major freight corridor" shall mean segments of the freight trans-
    41  portation  network identified by the federal highway administration that
    42  carry more than fifty million tons per year, including highway  segments
    43  that  carry  at  least eight thousand five hundred trucks per day, addi-
    44  tional highway segments and parallel rail lines that together  carry  at
    45  least   eight  thousand  five  hundred  truck,  trailer-on-flatcar,  and
    46  container-on-flatcar payloads of typically  high-value,  time  sensitive
    47  cargo,  and  rail  lines  and waterways that carry fifty million tons in
    48  bulk cargo per year.
    49    (j) "NEVI" shall mean the  national  electric  vehicle  infrastructure
    50  program established under the federal Infrastructure Investment and Jobs
    51  Act of 2021.
    52    (k)  "Priority highway corridor" shall mean alternative fuel corridors
    53  and other state and county highways identified  in  the  charging  needs
    54  evaluation  as  appropriate  to ensure sufficient and equitable charging
    55  access throughout the state.

        S. 4830--C                          5

     1    (l) "Thruway charging hubs"  shall  mean  all  highway  service  areas
     2  controlled,  leased,  owned,  or  operated by the New York state thruway
     3  authority.
     4    § 3. This act shall take effect immediately.
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