A01122 Summary:
BILL NO | A01122 |
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SAME AS | SAME AS S00110 |
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SPONSOR | Epstein |
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COSPNSR | Thiele, Kelles, Gibbs, Jacobson, Cunningham, Levenberg, Reyes, Raga, Colton, Dickens, Lucas, Glick, Simone, Rosenthal L, Otis, Santabarbara |
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MLTSPNSR | |
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Add §18-a, St Fin L | |
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Requires commercial garages containing electric vehicle charging stations to ensure public access to such charging stations at commercially reasonable rental or fee rates. |
A01122 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A1122 SPONSOR: Epstein
  TITLE OF BILL: An act to amend the state finance law, in relation to requiring commer- cial garages containing electric vehicle charging stations to ensure public access to such charging stations commercially reasonable rental or fee rates   SUMMARY OF PROVISIONS: Section 1 amends the state finance law by adding a new section 18-a to define "commercial garage" and to require a commercial garage owner or operator to develop and implement a policy to ensure public access to electric vehicle charging if they receive state funds or other forms of state assistance for projects involving the installation of electric vehicle charging stations. Section 2 provides the effective date   JUSTIFICATION: New York currently oversees several programs to subsidize the installa- tion and operation of electric vehicle (EV) chargers in publicly avail- able locations, including in commercial pay to park garages. Chargers installed in commercial garages are publicly available only to those that can afford to pay to park their car in a garage. According to industry research conducted by Parkopedia, New York is the most expen- sive city in the world to park off street, with two hours of parking time averaging just under $35*. A level 2 charger can deliver about 25 miles of range per hour. Future programs could serve more New Yorkers by requiring commercial garages who elect to install chargers using state subsidies or other forms of state assistance to have policies to ensure public access to those chargers, including a policy to waive parking fees for vehicle owners solely charging their vehicles. This framework has been adopted by the Public Service Commission in implementing its Direct Current Fast Charging Infrastructure Program (see CASE 18-E-0138) and should be the standard that all state-run programs follow to remove barriers to charg- ing and increase EV adoption.   LEGISLATIVE HISTORY: 2022: A9361A (Epstein) / S 8365-A (Krueger) - Assembly Ways and Means / Senate Finance   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: Immediately after becoming law
A01122 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1122 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. EPSTEIN, THIELE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to requiring commer- cial garages containing electric vehicle charging stations to ensure public access to such charging stations commercially reasonable rental or fee rates The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 18-a to read as follows: 3 § 18-a. Parking facilities; fees for electric vehicle charging. 1. 4 For the purposes of this section the term "commercial garage" shall mean 5 any privately owned building or facility where motor vehicles are 6 parked, stored, serviced, or repaired, and whose space and facilities 7 are available to the public for a parking fee without regard to the 8 residence, business or employment of the motor vehicle owner or operator 9 utilizing such space or facilities. 10 2. Beginning upon the effective date of this section and thereafter, 11 any owner or operator of a commercial garage that receives funds, loans, 12 credits, or tax incentives, or that receives a waiver or reduction of 13 any fee or surcharge required to be paid by a utility, or that is 14 financed in whole or in part by any utility ratepayers, from or on 15 behalf of the power authority of the state of New York, the New York 16 state energy research and development authority or the public service 17 commission, for purposes related to a project involving the 18 construction, acquisition, installation, reconstruction, improvement, 19 maintenance, equipping, furnishing or leasing of an electric vehicle 20 charging station, shall be required to develop and implement a policy to 21 ensure public access to electric vehicle charging at commercially 22 reasonable rental or fee rates. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01089-01-3A. 1122 2 1 3. Such policy required under subdivision two of this section shall 2 include, but not be limited to: (a) waiving any and all parking fees for 3 any motor vehicle owner or operator utilizing such commercial garage for 4 the sole purpose of accessing and using an electric vehicle charging 5 station located in such commercial garage; (b) adopting commercially 6 reasonable rental or fee rates for any time that such motor vehicle 7 owner or operator is actively accessing or using an electric vehicle 8 charging station in such commercial garage; and (c) charging additional 9 fees, such as dwell fees, as the owner or operator of such commercial 10 garage may deem appropriate and necessary, for any time that such motor 11 vehicle owner or operator is utilizing such commercial garage but is not 12 actively using an electric vehicle charging station. 13 4. The public service commission, in consultation with the power 14 authority of the state of New York and the New York state energy 15 research and development authority, shall have the authority to adopt 16 regulations and issue guidance to effectuate any of the provisions of 17 this section. 18 5. Nothing contained in this section shall impair any existing 19 contract, award, or other agreement, except that any renewal, amendment, 20 or modification of any such contract, award or agreement occurring on or 21 after the effective date of this section shall be subject to the condi- 22 tions specified in this section. 23 § 2. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law. Effective immediately, the addition, amend- 25 ment and/or repeal of any rule or regulation necessary for the implemen- 26 tation of this act on its effective date are authorized to be made and 27 completed on or before such effective date.