CHU, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KENNEDY, MAY, MYRIE, RAMOS, RIVERA, SEPULVEDA
MLTSPNSR
Amd §378, Exec L
Requires new construction that includes dedicated off-street parking to provide electric vehicle charging stations and electric vehicle ready parking spaces.
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.
LBD03756-15-4
S. 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 use
S. 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.
