Bill Text: NY S04830 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A 2023-2024 Regular Sessions IN SENATE February 15, 2023 ___________ Introduced by Sens. KENNEDY, COMRIE, COONEY, HARCKHAM, 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 AN ACT to amend the public authorities law and the public service law, in relation to establishing a highway and depot charging action plan 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 targets and regulations, including the advanced clean 4 truck and advanced clean cars II rules, zero-emissions school bus 5 mandate, and other relevant goals, the interests of the people of the 6 state would be 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 19 4. Identifying additional high priority areas for the deployment of 20 charging for medium and heavy duty vehicles, such as school buses, tran- 21 sit buses, and other light, medium and heavy duty commercial fleet EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09078-04-3S. 4830--A 2 1 depots, and removing barriers to charging deployment, including electric 2 infrastructure constraints. 3 § 2. The public authorities law is amended by adding a new section 4 1885 to read as follows: 5 § 1885. Highway and depot charging action plan. 1. Within nine months 6 of the effective date of this section, and every three years thereafter, 7 the authority, in consultation with the department of public service, 8 the department of transportation, the department of motor vehicles, the 9 New York state thruway authority, the New York power authority, the Long 10 Island power authority, the department of environmental conservation, 11 and the electric distribution and local transmission utilities, shall 12 develop a highway and depot charging action plan. The charging plan 13 shall: 14 (a) support and complement planning by the state for fast charger 15 deployment along alternative fuel corridors; 16 (b) identify the number and location of fast chargers along priority 17 highway corridors, including fast chargers currently installed and 18 connected to the grid, installed and not yet connected to the grid, in 19 development, and identify locations of additional need; 20 (c) estimate future need for fast charger deployment along priority 21 highway corridors for the purposes of (i) facilitating the cost-effec- 22 tive and timely achievement of mandates, and any amendments thereto, 23 under (1) article seventy-five of the environmental conservation law, 24 (2) section 19-0306-b of the environmental conservation law regarding 25 zero-emissions vehicle sales targets, (3) rules and regulations for 26 zero-emissions vehicles adopted by the commissioner of environmental 27 conservation, and (4) other relevant and applicable federal and state 28 rules or regulations or local requirements or goals to reduce transpor- 29 tation sector emissions; and (ii) supporting electric vehicle adoption 30 by consumers and fleet operators; 31 (d) identify the number and location of highway charging hubs, includ- 32 ing but not limited to thruway charging hubs along priority highway 33 corridors, and identify locations of additional need; 34 (e) estimate total charging capacity required to serve light duty, 35 medium duty, and heavy duty electric vehicles at each highway charging 36 hub through at least the year two thousand fifty; 37 (f) to the extent practicable, identify the number and location of 38 commercial and public fleet vehicles in operation, including their body 39 type, fuel type, model year, zip code, and other relevant information 40 needed to forecast the number and location of zero-emissions vehicles, 41 per state policy; 42 (g) identify the number and location of fleet charging zones; 43 (h) estimate future need for charging deployment and charging capacity 44 in the fleet charging zones, including charging capacity required in 45 each charging zone to enable fleet charging at depots sufficient to 46 satisfy the targets and regulations identified in paragraph (c) of this 47 section; and 48 (i) seek to optimize fast charger deployment among the highway charg- 49 ing hubs and charging development among the fleet charging zones to 50 reduce the cost of interconnection, electric distribution, and local 51 transmission upgrades while serving projected vehicle traffic volumes. 52 2. The authority shall develop a stakeholder engagement process to 53 raise consumer awareness and education across the state and solicit 54 feedback from the public, representatives or residents of environmental 55 justice or disadvantaged communities, electric vehicle manufacturers, 56 electric vehicle supply equipment manufacturers, fleet operators, andS. 4830--A 3 1 others on the highway and depot charging action plan. To the extent 2 practicable and consistent with applicable timelines, the authority may 3 coordinate the highway and depot charging action plan stakeholder input 4 process with the process set forth in section eighteen hundred eighty- 5 four of this article. 6 3. The authority shall submit the highway and depot charging action 7 plan to the public service commission no later than nine months after 8 the effective date of this section and an updated charging plan every 9 three years thereafter. The highway and depot charging action plan shall 10 be made publicly available on the authority's website, provided however, 11 the authority may redact or exclude sensitive information in accordance 12 with applicable law, rule or regulation. 13 4. To facilitate development of a fast charging network along the 14 priority highway corridors as set forth in this section, the charging 15 plan shall designate locations as highway charging hubs, as follows: 16 (a) All thruway charging hubs shall be designated as highway charging 17 hubs. 18 (b) Additional sites or geographic areas shall be prioritized for 19 designation as highway charging hubs based on (i) eligibility for feder- 20 al, state, or other funding opportunities, (ii) proximity to electric 21 transmission infrastructure, (iii) projected vehicle traffic, (iv) 22 charging network coverage, (v) interstate and intrastate commerce, (vi) 23 benefits to environmental justice and disadvantaged communities, (vii) 24 benefits of increased charging accessibility in host communities, (viii) 25 real property ownership or control of potential sites, (ix) relevant 26 commitments from site and/or charging operators, and (x) other factors 27 deemed relevant for the development and successful implementation of the 28 charging plan. 29 (c) Highway charging hubs shall be within one mile of the priority 30 highway corridors, spaced no more than fifty miles apart along the 31 priority highway corridors and reasonably accessible regardless of 32 direction of travel. 33 (d) The authority may consider privately operated sites which are open 34 to the public or multiple commercial entities as eligible for desig- 35 nation as a highway charging hub, subject to reasonable restrictions. 36 (e) A single highway charging hub may be comprised of multiple charg- 37 ing service areas located within a distance from one another deemed by 38 the authority, in consultation with the electric utilities, to be 39 reasonable. 40 5. Geographic areas shall be prioritized for designation as fleet 41 charging zones based on: 42 (a) total number of commercial and public fleet vehicles in operation 43 and/or total number of fleet operators in the geographic area, 44 (b) projected vehicle traffic in the geographic area, 45 (c) benefits to public fleets, such as school bus operators, 46 (d) benefits to and support from environmental justice and disadvan- 47 taged communities, 48 (e) relevant commitments from fleet and/or site operators to install 49 charging equipment, 50 (f) available capacity on the electric distribution and local trans- 51 mission network to serve vehicle chargers, 52 (g) ensuring equitable coverage and access to fleet charging through- 53 out the state, and 54 (h) other factors deemed relevant for the development and successful 55 implementation of the charging plan.S. 4830--A 4 1 6. As used in this section, the following terms shall have the follow- 2 ing meanings: 3 (a) "Alternative fuel corridors" shall mean highways designated within 4 the state pursuant to 23 U.S.C. 151. 5 (b) "Charging plan" shall mean the highway and depot charging action 6 plan. 7 (c) "Depot" shall mean a site where private or public fleet vehicles 8 are regularly parked, maintained, or otherwise dispatched for service, 9 including school bus garages. A single depot may serve multiple fleets. 10 (d) "Fast charger" shall mean a direct current electric vehicle charg- 11 ing port which can charge at a level of at least one hundred fifty kilo- 12 watts. 13 (e) "Fleet charging zone" shall mean a priority geographic area for 14 the deployment of charging infrastructure for public and commercial 15 fleet operators or owners, including school bus fleets. 16 (f) "Highway and depot charging action plan" shall mean the plan 17 developed pursuant to subdivision two of this section. 18 (g) "Highway charging hub" shall mean a priority site for the deploy- 19 ment of large scale, fast charging infrastructure for all vehicle class- 20 es, which has minimum station power capability at or above six hundred 21 kilowatts and supports at least one hundred fifty kilowatts per port 22 simultaneously across four ports for charging. These sites shall include 23 but are not limited to thruway charging hubs. The authority shall 24 determine when a need exists to increase the minimum station power and 25 port capabilities established under this section to account for medium- 26 and heavy-duty vehicle charging demands and may increase the minimum 27 station power and port capabilities as appropriate. 28 (h) "Priority highway corridor" shall mean alternative fuel corridors 29 and other state and county highways identified in the charging plan as 30 appropriate to ensure sufficient and equitable charging access through- 31 out the state. 32 (i) "Thruway charging hubs" shall mean all highway service areas 33 controlled, leased, owned, or operated by the New York state thruway 34 authority. The charging plan shall identify how thruway charging hubs 35 can serve charging needs of all vehicle classes. 36 § 3. The public service law is amended by adding a new section 66-v to 37 read as follows: 38 § 66-v. Electric network and interconnection upgrades to enable the 39 highway and depot charging action plan. 1. Within ninety days of the 40 submission of the highway and depot charging action plan to the commis- 41 sion pursuant to section eighteen hundred eighty-five of the public 42 authorities law, and in consultation with the New York state thruway 43 authority, the New York power authority, and the Long Island power 44 authority, the commission shall commence a proceeding to direct New York 45 electric utilities to produce capital plans to develop, own, and operate 46 interconnection, electric distribution, and local transmission upgrades 47 necessary to meet charging capacity requirements at all highway charging 48 hubs identified in the highway and depot charging action plan. Such 49 capital plans shall: 50 (a) include upgrades to site interconnection at all highway charging 51 hubs; 52 (b) be designed to minimize the need for multiple or duplicative 53 upgrades at a given site by considering charging capacity requirements 54 for all vehicle classes through the year two thousand fifty, and by 55 considering other sources of electric demand at highway charging hubs. 56 Where feasible, upgrades shall be designed as future-proofing upgrades;S. 4830--A 5 1 (c) expedite interconnection, electric distribution, and local trans- 2 mission upgrades at highway charging hubs and shall include future- 3 proofing upgrades at all thruway charging hubs; 4 (d) consider the existence of relevant commitments from site and/or 5 charging operators in prioritizing the schedule of upgrades for highway 6 charging hubs; 7 (e) identify a schedule for upgrades, provided such schedule shall be 8 subject to reasonable constraints such as availability of land, permit- 9 ting, relevant commitments from site operators, updates to the highway 10 and depot charging action plan, or other factors; and 11 (f) identify barriers to the timely interconnection of charging sites 12 addressed in the utility capital plan, such as permitting or electric 13 infrastructure supply chain dependencies, and, where identified, recom- 14 mend actions to address those barriers. 15 2. To reduce costs of the capital plans to utility customers, the 16 commission shall consider mechanisms including, but not limited to, 17 funding made available by the state and/or federal government. The 18 commission shall develop a plan to ensure cost-effectiveness of invest- 19 ments in the capital plan, and shall consider benefits made available to 20 utility customers through investments in the capital plan. 21 3. The commission shall act to ensure that upgrades are implemented in 22 a timely and cost-effective manner to meet the charging requirements 23 identified in the highway and depot charging action plan at all highway 24 charging hubs and in all fleet charging zones. Provided, in evaluating 25 the benefits of proposed upgrades, the commission may consider, among 26 other factors: 27 (a) appropriate benchmarks for resilience and redundancy of power 28 supply at selected sites; 29 (b) each site's role in providing charging in emergency conditions; 30 (c) opportunities for the upgrades to improve system reliability and 31 resiliency, or address existing asset condition needs; 32 (d) opportunities for the upgrades to serve additional electric load 33 growth, including but not limited to adjacent fleet depot charging or 34 charging for host communities; 35 (e) opportunities for the upgrades to facilitate renewable generation, 36 distributed energy resources, or hydrogen production; 37 (f) potential for upgrades at highway charging hubs or in fleet charg- 38 ing zones to defer the need for upgrades at other existing charging 39 locations; and 40 (g) availability of complementary funding or incentives for make-ready 41 infrastructure to promote charging development. 42 4. In establishing the capital plan, the electric utilities shall 43 evaluate benefits of utilizing distributed energy resources, including 44 but not limited to, energy storage or managed charging programs. Such 45 benefits may include, but are not limited to, lowering the total cost of 46 the capital plan, providing increased resiliency at a highway charging 47 hub or in a fleet charging zone, and providing interim solutions to 48 enable charging deployment where grid infrastructure is not yet in 49 place. Interconnection, electric distribution, and local transmission 50 upgrades in the capital plan may include utility ownership and operation 51 of energy storage facilities, including, but not limited to, mobile or 52 temporary storage facilities. 53 5. For the purposes of this section, "future-proofing upgrades" shall 54 mean upgrades that seek to accommodate future growth in charging capaci- 55 ty requirements.S. 4830--A 6 1 6. (a) The commission, in consultation with the commissioner of envi- 2 ronmental conservation, may issue such rules and regulations as the 3 commission determines necessary for the purposes of carrying out the 4 provisions of this section, including rules that expedite the intercon- 5 nection process for electric vehicle supply equipment. 6 (b) The public service commission shall consider opportunities to 7 expedite the interconnection process for highway charging hubs and elec- 8 tric vehicle charging sites, including depots, identified in the fleet 9 charging zones. 10 7. In the proceeding established in subdivision one of this section, 11 or in another proceeding designated by the commission, the commission 12 shall act to identify and remove the barriers to the efficient and time- 13 ly deployment of charging infrastructure needed to electrify New York's 14 commercial and public fleet vehicles and support charging deployment at 15 depots in the fleet charging zones. The commission shall consider, 16 among other factors: 17 (a) revisions to utility infrastructure planning for electric vehicles 18 to encourage proactive investments in the fleet charging zones, espe- 19 cially where investments support and are supported by disadvantaged and 20 environmental justice communities; 21 (b) implementing necessary transmission and distribution upgrades to 22 meet the charging capacity requirements in the fleet charging zones; 23 (c) revisions to utility programs and capital planning to eliminate 24 barriers to charging deployment, reduce interconnection costs, and 25 provide required electric service to school bus operators and other 26 public fleet operators; 27 (d) revisions to utility programs and capital planning to reduce 28 interconnection costs for private fleet operators and charging site 29 operators, including sites which serve multiple medium- and heavy-duty 30 fleets; 31 (e) appropriate benchmarks for resilience and redundancy of power 32 supply in selected areas; 33 (f) opportunities for the upgrades to improve system reliability and 34 resiliency, or address existing asset condition needs; 35 (g) opportunities for the upgrades to serve additional electric load 36 growth; 37 (h) opportunities for the upgrades to facilitate renewable generation, 38 distributed energy resources, or hydrogen production; 39 (i) opportunities for future-proofing upgrades; 40 (j) availability of complementary funding or incentives for make ready 41 infrastructure to promote charging development; and 42 (k) benefits of distributed energy resources, including energy stor- 43 age. 44 8. Utility capital plans created under this section shall demonstrate 45 that the electric utility has entered into a labor peace agreement with 46 a bona fide labor organization of jurisdiction that is actively engaged 47 in representing electric utility employees. 48 § 4. Section 1020-gg of the public authorities law, as added by chap- 49 ter 433 of the laws of 2009, is amended to read as follows: 50 § 1020-gg. Energy plan. The authority shall complete a biennial energy 51 plan in accordance with the provisions of article six of the energy law. 52 In addition to any requirements of article six of the energy law, the 53 authority shall provide copies of its biennial energy plan to the gover- 54 nor, the temporary president of the senate, the speaker of the assembly, 55 the chair of the assembly committee on energy and the chair of the 56 senate committee on energy and telecommunications. Further, the authori-S. 4830--A 7 1 ty shall cooperate and participate in the state energy planning proce- 2 dures as enumerated in article six of the energy law. Notwithstanding 3 the foregoing, the authority shall establish or amend an existing capi- 4 tal plan to implement upgrades in its service territory in accordance 5 with the dictates of a proceeding implemented by the public service 6 commission pursuant to section sixty-six-v of the public service law. 7 The authority and the New York state energy research and development 8 authority shall identify no fewer than two highway charging hubs in the 9 authority's service territory where future-proofing upgrades shall be 10 implemented on a similar timeline as at the thruway charging hubs, as 11 defined in section eighteen hundred eighty-five of this chapter, subject 12 to reasonable constraints. 13 § 5. This act shall take effect immediately.
