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S00487 Summary:

BILL NOS00487A
 
SAME ASSAME AS A01158-A
 
SPONSORCOMRIE
 
COSPNSR
 
MLTSPNSR
 
 
Directs the New York State Department of Transportation, in conjunction with the New York State Energy Research and Development Authority and the New York Power Authority, to promulgate rules and regulations for the standardization of public charging stations for electric vehicles.
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S00487 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         487--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
 
        AN ACT directing the New York State  Department  of  Transportation,  in
          conjunction  with  the  New York State Energy Research and Development
          Authority and the New York Power Authority, to  promulgate  rules  and
          regulations  for  the  standardization of public charging stations for
          electric vehicles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Purpose. The New York State Department of Transportation,
     2  in conjunction with the New York State Energy Research  and  Development
     3  Authority  and  the New York Power Authority, shall promulgate rules and
     4  regulations for the standardization  of  public  charging  stations  for
     5  electric vehicles in accordance with the provisions of this act.
     6    §  2. Definitions. As used in this act, the following terms shall have
     7  the following meanings:
     8    (a) "Electric vehicle" means a motor vehicle subject  to  registration
     9  pursuant  to subdivision 6 of section 401 of the vehicle and traffic law
    10  which is:  (i)  powered  by  an  electric  motor  drawing  current  from
    11  rechargeable storage batteries or other portable electrical energy stor-
    12  age devices; and (ii) capable of being recharged from an external source
    13  of electricity.
    14    (b)  "Plug-in  hybrid electric vehicle" means an electric vehicle that
    15  has an internal combustion engine or other propulsion system.
    16    (c) "Public electric vehicle charging station complex" means  an  area
    17  which  contains electric vehicle chargers to supply electricity to elec-
    18  tric vehicles and is open to the general public.
    19    (d) "Non-public vehicle charging station complex" means an area  which
    20  contains  electric  vehicle  chargers  to supply electricity to electric

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02177-05-3

        S. 487--A                           2
 
     1  vehicles and which is not open to the general public, including but  not
     2  limited  to, dealerships, sales offices and service departments or auto-
     3  mobile repair shops, automobile rental agencies and trucking or delivery
     4  businesses.
     5    (e)  "Electric  vehicle  charger"  means  a device containing electric
     6  vehicle service equipment and software,  which,  when  connected  to  an
     7  electric vehicle, delivers electricity to the electric vehicle.
     8    (f) "Level 3 electric vehicle charger" means an electric vehicle char-
     9  ger  that  when  connected  to  an electric vehicle delivers electricity
    10  through a DC current. Level 3 chargers are commonly known  as  the  fast
    11  chargers.
    12    (g)  "Electric  vehicle service equipment" means equipment, both above
    13  and below ground, installed for the purpose of transmitting  electricity
    14  between the electric vehicle charging station's charging coupler and the
    15  electric vehicle's connector.
    16    (h)  "Electric  vehicle service equipment software" means the software
    17  programs and other information technologies used to operate the electric
    18  vehicle charging equipment.
    19    § 3. Charging spaces. (a) Each public charging station  complex  shall
    20  provide  space for no less than eight vehicles to be charged. All public
    21  charging station complexes shall offer the two most used  level  3  fast
    22  charger  technologies on all of the electric vehicle chargers for all of
    23  the eight spaces.
    24    (b) No person shall park in a space  equipped  with  a  charger  at  a
    25  public electric vehicle charging station, unless such person is charging
    26  a plug-in hybrid electric vehicle or battery electric vehicle.
    27    §  4. Owners or operators of public electric vehicle charging stations
    28  shall be  prohibited  from  requiring  a  subscription,  application,  a
    29  membership  in  any club, association, or organization as a condition of
    30  using the chargers at the public electric vehicle charging complex. Each
    31  electric vehicle charger shall accept all major credit cards as  defined
    32  in  section  521 of the general business law and not require any special
    33  credit card solely distributed by the  public  charging  station.  Other
    34  options to pay for charging services may be available as well.
    35    §  5.  (a)  Owners  and  operators of public electric vehicle charging
    36  station complexes are prohibited from charging  customers  by-the-minute
    37  and  must charge per kilowatt hours for the purpose of charging an elec-
    38  tric vehicle. The unit price of the kilowatt hours shall be displayed on
    39  the face of each charging station prior to and at  any  point  during  a
    40  customer's transaction.
    41    (b)  Notwithstanding  subdivision  (a) of this section, the owners and
    42  operators of public  electric  vehicle  charging  complexes  may  impose
    43  restrictions  on  the  amount  of  time  that an electric vehicle may be
    44  charged at the  charging  station.  Upon  the  vehicle  becoming  fully-
    45  charged,  the  owner/operator may charge an additional fee of $10.00 for
    46  each half hour or part thereof that the vehicle  is  parked  beyond  the
    47  time  necessary  to  charge the vehicle in addition to the cost of elec-
    48  tricity.
    49    § 6. Electric vehicle charging stations as described in this  act  are
    50  exempt  from  being  defined  as  an  electric corporation as defined in
    51  section 2 of the public service law.
    52    § 7. (a) Owners and operators  of  public  electric  vehicle  charging
    53  stations  must maintain signage at the electric vehicle charging station
    54  that displays the status of each electric  vehicle  charger,  the  total
    55  number  of  chargers  and the number of available chargers (total number
    56  less those being used), and how long a wait for the next charger  to  be

        S. 487--A                           3
 
     1  available,  the  name  and  address and phone number of the operator and
     2  owner, the cost of charging including any additional fees  that  may  be
     3  charged  beyond  the  cost of electricity for non-charging vehicles, and
     4  any  rules  or regulations customers must follow at the charging station
     5  complex when using the chargers.
     6    (b) All publicly-owned highway signs or signs at exits of highways  in
     7  the  state  that display information about the availability and location
     8  of gas stations shall also provide information regarding the availabili-
     9  ty and location of public electric vehicle charging stations,  including
    10  the  number  of  available  chargers  available  and the distance to the
    11  charging station complex.
    12    § 8. The provisions of this act shall not apply to non-public charging
    13  complexes which are not for use by the general public are not subject to
    14  the requirements of this law provided signage is clearly displayed  that
    15  no  electric vehicle chargers are available to the general public except
    16  for customers of the business or those vehicles owned by the business.
    17    § 9. This act shall take effect immediately.
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