Requires new construction that includes dedicated off-street parking to provide electric vehicle charging stations and electric vehicle ready parking spaces.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3780E
SPONSOR: Fahy TITLE OF BILL:
An act to amend the executive law, in relation to requiring new
construction that includes dedicated off-street parking to provide elec-
tric vehicle charging stations and electric vehicle ready parking spaces
PURPOSE OR GENERAL IDEA OF BILL:
Requires electric vehicle charging stations and electric vehicle ready
parking spaces in certain new buildings.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 378 of the executive law by adding
subdivision 17-a. Standards require that new construction with dedicated
off-street parking involving a garage, driveway, parking lot or other
off-street parking have electric vehicle charging stations or electric
vehicle ready parking spaces.
The provisions are as follows:
- One- to three-family homes with off-street parking must have at least
one electric vehicle ready parking space for each dwelling unit, up to
the total number of spaces.
- Multi-family homes with off-street parking must have 100% of spaces be
at least EV ready, with at least 20% of spaces equipped with a level 2
charging station.
- Commercial buildings with between one and ten parking spaces must have
at least one space that is EV ready or equipped with a level 2 charging
station or a direct current fast charger.
- Commercial buildings with more than ten parking spaces must have at
least 20% of spaces be EV ready, which shall include at least 10% of
spaces equipped with a Level 2 charging station or a direct current fast
charging station.
- Commercial buildings may opt to substitute one direct current fast
charging station for 10 required Level 2 charging stations or EV ready
spaces.
- Requirements for installation of EV ready spaces or charging stations
may be met by installing multiple EV ready spaces or charging stations
on a single branch circuit when used in conjunction with an electric
vehicle energy management system.
- Building owners may apply for a waiver if they can demonstrate that
the provisions present an undue hardship due to limitations of the local
utility provider, or,that the geographic location of the site is such
that compliance would result in a significant burden on the owner. An
example of a scenario where an exemption could be granted is certain
buildings on agricultural land.
- clear and prominent signage denoting availability and location of
charging stations or EV ready spaces is required.
- Municipalities are not preempted from enaction stricter requirements.
Section 2 establishes an effective date of April 1, 2024.
JUSTIFICATION:
The presence of electric vehicle (EV) charging stations and parking
spaces in a community is associated with greater use of EVs. However,
the rate of adoption of EV parking spaces has been slow, mirrored by the
slow adoption of EVs themselves. In 2021, New York' State took steps to
address to slow adoption of EVs by mandating new vehicles in the state
be all-electric by 2035. For the adoption of this policy to be success-
ful, the installation of the hardware needed to support a large number
of EVs on the road should be a priority of the state. Accordingly, this
bill seeks to align New York's construction and building code policy
with the goals of the state expressed in the Climate Leadership and
Community Protection Act as well as the 2021 EV sales mandate by mandat-
ing the installation of EV infrastructure in certain instances during
new construction.
PRIOR LEGISLATIVE HISTORY:
2021-22: S7406c/A3179d - Passed Senate.
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect April 1, 2025
