New York State Assembly

 
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A00622 Summary:

A00622 Actions:

A00622 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:01/18/2023AYE/NAY:32/1  Action: Favorable refer to committee Rules        
Weinstein
Excused
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Excused
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:01/18/2023AYE/NAY:28/1  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Excused
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:01/18/2023AYE/NAY:11/1  Action: Favorable refer to committee Ways and Means        
McDonald
Aye
Durso
Aye
Glick
Aye
Goodell
Nay
Kim
Aye
Beephan
Aye
Bichotte Hermel
Excused
Slater
Aye
Hyndman
Aye
Williams
Excused
Wallace
Aye
Meeks
Aye
Raga
Aye
Simone
Aye

A00622 Floor Votes:

A00622 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A622
 
SPONSOR: O'Donnell

 
TITLE OF BILL:
 
An act to amend the state finance law, in relation to the applicability
of certain labor law provisions to the construction of certain parking
facilities; and to amend a chapter of the laws of 2022 amending the
state finance law relating to requiring the construction of certain
parking facilities to be capable of supporting electric vehicle charging
stations, as proposed in legislative bills numbers S. 23-B and A.
4386-B, in relation to the effectiveness thereof
 
 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make amendments to Chapter 809 of the
Laws of 2022, relating to the construction of certain parking facilities
to be capable of supporting electric vehicle charging stations.
 
 
SUMMARY OF PROVISIONS:
 
Section one of this bill would amend section 19-a of the State Finance
Law and would define the terms "construction project" and "parking
facility" for the -purposes of the section. It would also specify the
applicability of certain Labor Law provisions related to the
construction of such parking facilities.
 
Additionally, this bill would make technical changes relating to the
specifications for the electric vehicle charging station infrastructure
to be constructed and would provide that construction shall be in
accordance with applicable state, county, city, town, or village elec-
tric codes.
 
A full or partial exemption by a state agency of governmental unit from
the requirements of this section may be granted if the covered
construction project meets specific standards, including unnecessary
hardship.
 
The requirements of this section are intended to be the minimum standard
and would not preempt any local, state, or federal law, regulation,
code, or ordinance that has a higher standard.
 
Section two of this bill would amend section two of Chapter 809 of the
Laws of 2022 and change the effective date to one year after this act
shall have become law.
 
Section three of this bill would set forth the effective date.
 
 
JUSTIFICATION:
 
As New York embarks on its impressive and necessary climate goals, we
must look at ways to increase capacity for those individuals who seek to
purchase and use electric vehicles. One of the major complaints from
electric car owners is the lack of public charging stations available to
them. Chapter 809 of the Laws of 2022 seeks to address this concern by
requiring entities that receive state capital funding to install the
infrastructure necessary for electric car charging stations. The legis-
lation does not mandate the installation of the charging stations. This
bill requires prevailing wage to be paid when applicable and requires
any work completed in the installation of any charging stations to be
subject to Article 8 of the Labor Law.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately; provided that section one of
this act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the state finance law relating to
requiring the construction of certain parking facilities to be capable
of supporting electric vehicle charging stations, as proposed in legis-
lative bills numbers S. 23-B and A. 4386-B, takes effect.

A00622 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           622
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the state finance law, in relation to the  applicability
          of certain labor law provisions to the construction of certain parking
          facilities;  and  to  amend a chapter of the laws of 2022 amending the
          state finance law relating to requiring the  construction  of  certain
          parking facilities to be capable of supporting electric vehicle charg-
          ing  stations, as proposed in legislative bills numbers S. 23-B and A.
          4386-B, in relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 19-a of the state finance law, as added by a chap-
     2  ter of the laws of 2022 amending  the  state  finance  law  relating  to
     3  requiring  the  construction of certain parking facilities to be capable
     4  of supporting electric vehicle charging stations, as proposed in  legis-
     5  lative  bills  numbers  S.  23-B  and  A.  4386-B, is amended to read as
     6  follows:
     7    § 19-a. Parking facilities;  support  for  electric  vehicle  charging
     8  stations.  1. For purposes of this section:
     9    (a)  the  term  "construction  project"  shall mean [any] construction
    10  [project performed under private contract that  receives  state  capital
    11  funding]  work  involving or including the construction of a new parking
    12  facility done under contract which is paid for in whole or in  part  out
    13  of  public  funds as such term is defined in section two hundred twenty-
    14  four-a of the labor law. Any construction associated with  the  creation
    15  or  rehabilitation  of  residential  dwelling units or manufactured home
    16  parks that are exempted from the definition of "covered projects" as set
    17  forth in section two hundred twenty-four-a of the labor law  shall  also
    18  be exempted from this section; and
    19    (b)  the  term "parking facility" shall mean a parking garage, parking
    20  structure, or open parking lot that is paved and  striped  to  designate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04196-01-3
        A. 622                              2
 
     1  individual parking spaces for vehicles and which has fifty parking spac-
     2  es or more.
     3    2.  Any  construction project undertaken in this state where the scope
     4  of such project includes [a parking garage, open parking lot, or  other]
     5  the construction of a new parking facility that offers between fifty and
     6  two hundred parking spaces shall [be] deliver a parking facility capable
     7  of  supporting  electric  vehicle charging stations for a minimum of ten
     8  percent of available parking spaces through [an electrical raceway]  one
     9  or  more  electrical  raceways to the electric supply panel serving such
    10  [parking garage, open parking lot, or other] parking facility that shall
    11  be capable of providing a  minimum  of  forty  [amps]  amperes  and  two
    12  hundred  eight  volts  of  electrical  capacity to each charging station
    13  connected to the raceway. [Such] A common raceway may be used  to  serve
    14  multiple parking spaces. Each raceway shall terminate in close proximity
    15  to  the parking spaces designated for electric vehicles and into a suit-
    16  able listed cabinet, box, or other enclosure. Each such  raceway,  cabi-
    17  net,  box  and  enclosure  and all other components and work appurtenant
    18  thereto shall be in accordance with all applicable state,  county,  city
    19  [and municipal], town, or village electrical codes.
    20    3.  Any  construction project undertaken in this state where the scope
    21  of such project includes [a parking garage, open parking lot, or  other]
    22  the  construction  of  a  new parking facility that offers more than two
    23  hundred parking spaces shall [be] deliver a parking facility capable  of
    24  supporting  electric  vehicle  charging stations for a minimum of twenty
    25  percent of available parking spaces through [an electrical raceway]  one
    26  or  more  electrical  raceways to the electric supply panel serving such
    27  [parking garage, open parking lot, or other] parking facility that shall
    28  be capable of providing a  minimum  of  forty  [amps]  amperes  and  two
    29  hundred  eight  volts  of  electrical  capacity to each charging station
    30  connected to the raceway. [Such] A common raceway may be used  to  serve
    31  multiple parking spaces. Each raceway shall terminate in close proximity
    32  to  the parking spaces designated for electric vehicles and into a suit-
    33  able listed cabinet, box, or other enclosure. Each such  raceway,  cabi-
    34  net,  box,  and  enclosure and all other components and work appurtenant
    35  thereto shall be in accordance with all applicable state,  county,  city
    36  [and municipal], town, or village electrical codes.
    37    4.  Nothing in this section shall require the installation of electric
    38  vehicle charging stations or any other infrastructure  in  any  [parking
    39  garage,  open  parking lot or other] parking facility except as provided
    40  in subdivisions two  and  three  of  this  section;  provided  that  any
    41  construction  projects undertaken pursuant to subdivisions two and three
    42  of this section shall be  subject  to  the  provisions  of  section  two
    43  hundred twenty-four-a of the labor law as applicable, provided, however,
    44  that any installation of electric vehicle charging stations or any other
    45  infrastructure  shall comply with the provisions of article eight of the
    46  labor law, including the payment of prevailing wage pursuant to  section
    47  two  hundred  twenty of the labor law in the locality where such parking
    48  facility is located. Provided, further, however, that  nothing  in  this
    49  section shall be interpreted to modify the applicability or requirements
    50  set forth in article eight of the labor law.
    51    5.  [Any  construction project undertaken pursuant to subdivisions two
    52  and three of this section shall comply with the  provisions  of  article
    53  eight of the labor law, including the payment of a wage of not less than
    54  the  prevailing wage pursuant to section two hundred twenty of the labor
    55  law in the locality where such parking  garage,  open  parking  lot,  or
    56  other  parking facility is located] For any construction project covered
        A. 622                              3
 
     1  by this section, the provisions of subdivision  two  or  three  of  this
     2  section  shall  not  apply if the state entity, political subdivision of
     3  the state, or other public  authority,  public  benefit  corporation  or
     4  governmental   unit   that   is  providing  the  public  funds  for  the
     5  construction project finds, in consultation with the energy research and
     6  development authority and the department of public service, that comply-
     7  ing with such provisions would not be in the public  interest  or  would
     8  result  in unnecessary hardship. In making this determination, the state
     9  entity or other governmental  unit  may  consider  the  availability  of
    10  sufficient  electrical  transmission  or  distribution infrastructure or
    11  capacity. The state entity  or  other  governmental  unit  may  consider
    12  whether  to  grant  a full or partial exemption from the requirements of
    13  subdivision two or three of this section and whether there are  alterna-
    14  tive  means to meet the objectives of this section. Any exemption deter-
    15  mination by a state agency or other governmental unit shall be in  writ-
    16  ing,  provided  to  the project owner, and posted publicly on such state
    17  entity or governmental unit website.
    18    6. The requirements of this section are  intended  to  set  a  minimum
    19  standard  for  the installation of electric vehicle charging infrastruc-
    20  ture in construction projects. If the construction project is subject to
    21  any local, state, or federal law, regulation, code,  or  ordinance  that
    22  requires  a higher percentage of parking spaces to have charging infras-
    23  tructure or requires a greater amount of  charging  infrastructure,  the
    24  construction project shall be required to comply with those requirements
    25  rather than the requirements of this section.
    26    §  2.  Section  2  of a chapter of the laws of 2022 amending the state
    27  finance law relating to requiring the construction  of  certain  parking
    28  facilities  to  be  capable  of  supporting  electric  vehicle  charging
    29  stations, as proposed in  legislative  bills  numbers  S.  23-B  and  A.
    30  4386-B, is amended to read as follows:
    31    §  2.  This  act  shall  take effect [April 1, 2023] one year after it
    32  shall  have  become  a  law  and  shall  apply  to  contracts  for   new
    33  construction entered into on and after such date.
    34    § 3. This act shall take effect immediately; provided that section one
    35  of this act shall take effect on the same date and in the same manner as
    36  a chapter of the laws of 2022 amending the state finance law relating to
    37  requiring  the  construction of certain parking facilities to be capable
    38  of supporting electric vehicle charging stations, as proposed in  legis-
    39  lative bills numbers S. 23-B and A. 4386-B, takes effect.

A00622 LFIN:

 
NO LFIN

A00622 Chamber Video/Transcript: