STATE OF NEW YORK
        ________________________________________________________________________

                                          9204

                    IN SENATE

                                      May 12, 2022
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT  to  amend  the  public service law, in relation to establishing
          electric vehicle charging station reliability reporting and standards

          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-t to read as follows:
     3    § 66-t. Electric vehicle charging station  reliability  reporting  and
     4  maintenance  standards.  1.  For purposes of this section, the following
     5  terms have the following meanings:
     6    (a) "charging station" means an electrical component assembly or clus-
     7  ter of component assemblies designed specifically  to  charge  batteries
     8  within electric vehicles by permitting the transfer of electrical energy
     9  to a battery or other storage device in an electric vehicle;
    10    (b)  "excluded  time"  means  the  time  not included when calculating
    11  uptime, as determined pursuant to the determination made by the  commis-
    12  sion pursuant to subdivision three of this section; and
    13    (c) "uptime" means the time a charging station's hardware and software
    14  are  both  operational  and the charging station is able to successfully
    15  dispense electricity. "Uptime" shall not include excluded time.
    16    2. Beginning April first, two thousand twenty-three, an entity that is
    17  receiving an incentive funded by a state agency or through a  charge  on
    18  ratepayers  to  install, own, or operate a charging station, in whole or
    19  in part, shall report charging station uptime  to  the  commission.  The
    20  service provider selected by such entity to provide electricity for such
    21  charging  stations  shall  provide this data on behalf of the entity and
    22  work with the station manufacturer and the site host through  a  service
    23  level  agreement  to  ensure  both  software  and  hardware failures are
    24  captured and resolved during the required reporting period. The  service
    25  provider  may also select a designee qualified in the electronics opera-
    26  tion, maintenance, and repair of charging stations to provide this data.
    27  Entities that receive funding shall provide this information for a mini-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15829-01-2

        S. 9204                             2

     1  mum of five years from the date  on  which  the  funding  was  received,
     2  unless the commission determines more time is needed to collect data.
     3    3.  The  commission  shall  develop  a  formula to calculate uptime to
     4  provide consistent, standardized reporting of overall  charging  station
     5  uptime.    The  commission  shall  determine  what  events that render a
     6  station inoperable constitute excluded time for purposes  of  developing
     7  the  formula.  The  commission shall determine who should be accountable
     8  for resolution of damages under excluded events, including vandalism and
     9  extreme weather events. Excluded events shall be reported to the commis-
    10  sion separately.
    11    4. Beginning October first, two thousand twenty-three, the  commission
    12  shall assess the uptime of public- and ratepayer-funded charging station
    13  infrastructure,  including  whether  there  are  differences in charging
    14  station uptime by population density, geographical area,  or  population
    15  income  level.  The  commission  shall  update the assessments performed
    16  pursuant to this subdivision  every  two  years.  The  commission  shall
    17  protect  confidential  business information of the reporting persons and
    18  entities, including but not limited to, anonymizing and aggregating  the
    19  uptime  data, to ensure no individual uptime data is identifiable in its
    20  assessments and reports.
    21    5. On or before January first, two thousand twenty-four,  the  commis-
    22  sion  shall  develop minimum industry operational standards for the long
    23  term maintenance, preservation, reliability, and uptime requirements  of
    24  publicly funded electric vehicle charging equipment. An entity receiving
    25  public  funding  shall  operate charging stations in compliance with the
    26  standards developed by the commission.
    27    6. On or before April first, two thousand twenty-four, the  commission
    28  shall  develop tools or incentives to improve charging station reliabil-
    29  ity.
    30    § 2. This act shall take effect immediately.