STATE OF NEW YORK
________________________________________________________________________
3179--D
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. FAHY, GOTTFRIED, JACKSON, McDONALD, DICKENS,
THIELE, SEAWRIGHT, BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,
L. ROSENTHAL, OTIS -- read once and referred to the Committee on
Governmental Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Governmental Operations in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to requiring electric
vehicle charging stations and electric vehicle capable 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:
6 (i) electric vehicle charging stations as defined in paragraph (b) of
7 subdivision one of section three hundred thirty-nine-ll of the real
8 property law; and
9 (ii) electric vehicle capable parking spaces, which have the appropri-
10 ate wiring, electric panels, and the appropriate space to install appro-
11 priate electric service for an electric vehicle charging station.
12 b. Such standards shall require that the number of electric vehicle
13 capable parking spaces pursuant to subparagraph (ii) of paragraph a of
14 this subdivision shall be as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07051-10-2
A. 3179--D 2
1 (i) a one, two or three-family home equipped with a garage, driveway
2 or parking lot, or other off-street parking, shall have at least one
3 electric vehicle capable parking space. For the purposes of this
4 subparagraph, "new construction" shall mean the erection of an entirely
5 new structure not attached or affiliated with any existing construction
6 on the property. "New construction" shall not include a new addition or
7 capital improvement to existing construction nor shall it constitute an
8 addition to the property;
9 (ii) a multi-unit residential building with between two and ten park-
10 ing spaces shall have at least seventy-five percent of available parking
11 spaces be electric vehicle capable parking spaces, which shall include
12 at least twenty percent of available parking spaces as electric vehicle
13 charging stations. If there is a decimal in the calculation of the
14 percentage of parking spaces, such decimal shall be rounded to the next
15 largest whole number;
16 (iii) a multi-unit residential building with at least eleven parking
17 spaces shall have one hundred percent of available parking spaces be
18 electric vehicle capable parking spaces, which shall include at least
19 forty percent of available parking spaces as electric vehicle charging
20 stations. If there is a decimal in the calculation of the percentage of
21 parking spaces, such decimal shall be rounded to the next largest whole
22 number;
23 (iv) a privately-owned commercial building with between two and ten
24 parking spaces shall have one hundred percent of available parking spac-
25 es be electric vehicle capable parking spaces, which shall include at
26 least twenty percent of available parking spaces as electric vehicle
27 charging stations with at least a 208-240 volt, 40 amp circuit;
28 (v) a privately-owned commercial building with at least eleven parking
29 spaces shall have one hundred percent of available parking spaces be
30 electric vehicle capable parking spaces, which shall include at least
31 forty percent of available parking spaces as electric vehicle charging
32 stations with at least a 208-240 volt, 40 amp circuit; and
33 (vi) a privately-owned commercial building subject to the requirements
34 of subparagraph (iv) or (v) of this paragraph, the installation of one
35 400-900 volt direct current fast charging station shall be considered
36 equivalent to five required electric vehicle charging stations of lower
37 voltage.
38 c. For the purposes of this subdivision, "privately-owned commercial
39 building" shall mean any newly constructed commercial building under
40 private contract which has not received state capital funding for such
41 construction.
42 d. The owner of a building subject to paragraph b of this subdivision
43 may apply to the local department of buildings or similar entity for a
44 waiver of the requirements of this subdivision, which such local depart-
45 ment of buildings or similar entity may grant if such owner can demon-
46 strate that the provisions present an undue hardship due to limitations
47 of the local utility provider, or that the geographic location of the
48 site is such that compliance would result in a significant burden on the
49 owner.
50 § 2. This act shall take effect April 1, 2023 and shall apply to
51 contracts for new construction entered into on and after such date.
