STATE OF NEW YORK
________________________________________________________________________
7340
2021-2022 Regular Sessions
IN SENATE
August 23, 2021
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 six of section four hundred one of the vehicle
10 and traffic law which is: (i) powered by an electric motor drawing
11 current from rechargeable storage batteries or other portable electrical
12 energy storage devices; and (ii) capable of being recharged from an
13 external source 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
21 vehicles and which is not open to the general public, including but not
22 limited to, dealerships, sales offices and service departments or auto-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11475-02-1
S. 7340 2
1 mobile repair shops, automobile rental agencies and trucking or delivery
2 businesses.
3 (e) "Electric vehicle charger" means a device containing electric
4 vehicle service equipment and software, which, when connected to an
5 electric vehicle, delivers electricity to the electric vehicle.
6 (f) "Level 2 electric vehicle charger" or "slow charger" means an
7 electric vehicle charger that when connected to an electric vehicle
8 delivers electricity through an AC current. Level 2 chargers are common-
9 ly known as the slow chargers.
10 (g) "Level 3 electric vehicle charger" means an electric vehicle char-
11 ger that when connected to an electric vehicle delivers electricity
12 through a DC current. Level 3 Chargers are commonly known as the fast
13 chargers.
14 (h) "Electric vehicle service equipment" means equipment, both above
15 and below ground, installed for the purpose of transmitting electricity
16 between the electric vehicle charging station's charging coupler and the
17 electric vehicle's connector.
18 (i) "Electric vehicle service equipment software" means the software
19 programs and other information technologies used to operate the electric
20 vehicle charging equipment.
21 § 3. Charging spaces. (a) Each public charging station complex shall
22 provide space for no less than eight vehicles to be charged. All public
23 charging station complexes shall offer the two most used level 2 slow
24 charger and level 3 fast charger technologies on four of the electric
25 vehicle chargers for four of the spaces. The four remaining spaces shall
26 be serviced by chargers containing only level 3 technologies.
27 (b) No person shall park in a space equipped with a charger at a
28 public electric vehicle charging station, unless such person is charging
29 a plug-in hybrid electric vehicle or battery electric vehicle.
30 § 4. Owners or operators of public electric vehicle charging stations
31 shall be prohibited from requiring a subscription, application, a
32 membership in any club, association, or organization as a condition of
33 using the chargers at the public electric vehicle charging complex. Each
34 electric vehicle charger shall accept all major credit cards as defined
35 in section 521 of the general business law and not require any special
36 credit card solely distributed by the public charging station. Other
37 options to pay for charging services may be available as well.
38 § 5. (a) Owners and operators of public electric vehicle charging
39 station complexes are prohibited from charging customers by-the-minute
40 and must charge per kilowatt hours for the purpose of charging an elec-
41 tric vehicle. The unit price of the kilowatt hours shall be displayed on
42 the face of each charging station prior to and at any point during a
43 customer's transaction.
44 (b) Notwithstanding subdivision (a) of this section, the owners and
45 operators of public electric vehicle charging complexes may impose
46 restrictions on the amount of time that an electric vehicle may be
47 charged at the charging station. Upon the vehicle becoming fully-
48 charged, the owner/operator may charge an additional fee of $10.00 for
49 each half hour or part thereof that the vehicle is parked beyond the
50 time necessary to charge the vehicle in addition to the cost of elec-
51 tricity.
52 § 6. Electric vehicle charging stations as described in this act are
53 exempt from being defined as an electricity corporation as defined in
54 section 2 of the public service law.
55 § 7. (a) Owners and operators of public electric vehicle charging
56 stations must maintain signage at the electric vehicle charging station
S. 7340 3
1 that displays the status of each electric vehicle charger, the total
2 number of chargers and the number of available chargers (total number
3 less those being used), and how long a wait for the next charger to be
4 available, the name and address and phone number of the operator and
5 owner, the cost of charging including any additional fees that may be
6 charged beyond the cost of electricity for non-charging vehicles, and
7 any rules or regulations customers must follow at the charging station
8 complex when using the chargers.
9 (b) All publicly-owned highway signs or signs at exits of highways in
10 the state that display information about the availability and location
11 of gas stations shall also provide information regarding the availabili-
12 ty and location of public electric vehicle charging stations, including
13 the number of available chargers available and the distance to the
14 charging station complex.
15 § 8. The provisions of this act shall not apply to non-public charging
16 complexes which are not for use by the general public are not subject to
17 the requirements of this law provided signage is clearly displayed that
18 no electric vehicle chargers are available to the general public except
19 for customers of the business or those vehicles owned by the business.
20 § 9. This act shall take effect immediately.