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A08608 Summary:

COSPNSRWoerner, Epstein, Gottfried, McDonough, Morinello, Zebrowski, Simon, Lupardo, Mosley, Sayegh, Rosenthal L, Jacobson, Ortiz, Wallace, Colton, Galef
MLTSPNSRDenDekker, Englebright, Griffin, Thiele
Amd §1202, V & T L
Relates to parking in electric vehicle charging spaces; prohibits motor vehicles which are not an electric vehicle from parking in such spaces.
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A08608 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8608                Revised 8/17/2020
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to parking in electric vehicle charging spaces   PURPOSE OR GENERAL IDEA OF BILL: A bill to amend the vehicle and traffic law by prohibiting parking in spots designated for charging electric vehicles.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new Section 1202(a)(1)(1) to the Vehicle and Traffic Law to make it a violation to park in a spot designated for an electric vehicle to charge unless the vehicle is an electric vehicle and such electric vehicle is connected to a charging station. Section 2 states the effective date.   JUSTIFICATION: New York State has undertaken a number of initiatives to promote elec- tric vehicles. In fact, The Brooklyn Eagle reported that "sales of elec- tric vehicles increased by 63 percent in New York, jumping to 36,854 from 24,551 in 2017."1 The New York Times reported that the Columbia University Center on Global Energy Policy projects that by 2025, approx- imately "7 percent of new vehicles sold in the United States are expected to be electronic models."2 The benefits of electric vehicles are many, including conservation of energy, reduced pollution and economic savings. According to the New York State Energy Research & Development Authority (NYSERDA), "using electricity as a vehicle fuel is currently less expensive per mile than gasoline, and can be even more cost-effective if the EV driver takes advantage of off-peak electricity rates." 3 NYSERDA also states that "EVs are convenient...require less maintenance, ... are very quiet... (and) require more careful route planning..." Other benefits, according to the NYSERDA, include: "increased energy security, better fuel economy, reduced operating costs, and reduced emissions."' According to the U.S. Department of Energy Alternative Fuels Data, there are a myriad of benefits to electric vehicles. Typically, electric vehicles, including plug-in hybrid vehicles and battery electric vehicles, charge in home garages, but on longer drives there must be a way for electric vehicles to restore their electric charge. Public electric vehicle charging stations are limited in number and are often found in parking lots, where other vehicles may be parked. According to The New York Times, "the United States has about 24,000 public charging stations, with an average of fewer than three charging posts. By comparison, there are about 150,000 gas stations, some with dozens of pumps."4 According to the Alternative Fuels Data Center ("AFDC"), there are 1,500 stations for electric vehicles in New York State, which offer a total of 3,614 charging outlets (3,342 are public charging stations and 272 are private charging stations). Therefore, it is critical that when a parking designation is made for electric vehi- cles to park and charge, that a violation is enforceable as a traffic violation and is the subject of a ticket. When this bill was first introduced in 2019, eleven states, including Arizona, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Massachusetts, Oregon, Rhode Island and Washington had enacted laws prohibiting gasoline powered vehicles from improperly parking in spaces reserved for electric vehicle charging. Since then, two additional states; Nevada and North Dakota, have enacted their own laws. In New York State, designated parking spots exist in various locations, but currently there is no legal ability to enforce them. The electric vehi- cle charging station spots should be limited by law for use as desig- nated spots for electric vehicle charging. Reserving parking spaces for electric vehicles must be enforceable. This is important for practical reasons as well as public policy reasons. Practical reasons include that owners of electric vehicles need solutions for charging their vehicles when they are away from home for extended periods of time. Unlike vehicles powered by gasoline, which can be refueled at countless local gasoline filling stations, parking spots for electric vehicles to park may be few and far between, and should be electric-cars charging limited to use by electric vehicles. For public policy reasons, including conservation of resources, the state should make it easier for electric vehicles to park and charge for the purpose of encouraging such behavior. This legislation will provide further incentive for drivers to purchase electric vehicles since it will simplify drivers' ability to charge electric vehicles.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law. 1 https://www.nytimes.com/2019/06/22/business/energy-environment/ elec- tric-cars-charging.html 2 https://vvww.nyserda.ny.gov/ Researchers-and-Policymakers/Electric-Vehicles/Basics/Comparing-Electric Vehicles. 3 https://www.nyserda.ny.gov/Researchers-and-Policymakers/Electric Vehicles/Basics/Benefits.
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A08608 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     October 2, 2019
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Transportation
        AN  ACT  to amend the vehicle and traffic law, in relation to parking in
          electric vehicle charging spaces
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 1 of subdivision (a) of section 1202 of the vehi-
     2  cle  and  traffic  law,  as  amended by chapter 679 of the laws of 1970,
     3  subparagraph k as amended by chapter 267 of the laws of 1998, is amended
     4  to read as follows:
     5    1. Stop, stand or park a vehicle:
     6    a. On the roadway side of any vehicle stopped, standing or  parked  at
     7  the edge or curb of a street;
     8    b. On a sidewalk;
     9    c.  Within an intersection, except when permitted by official signs or
    10  parking meters on the side of a highway opposite a street  which  inter-
    11  sects but does not cross such highway;
    12    d. On a cross walk;
    13    e.  Between  a safety zone and the adjacent curb or within thirty feet
    14  of points on the curb immediately opposite the ends of  a  safety  zone,
    15  unless  a different distance is indicated by official signs, markings or
    16  parking meters;
    17    f. Alongside or opposite any street  excavation  or  obstruction  when
    18  stopping, standing or parking would obstruct traffic;
    19    g. Upon any bridge or other elevated structure upon a highway or with-
    20  in a highway tunnel, unless otherwise indicated by official signs, mark-
    21  ings or parking meters;
    22    h. On any railroad tracks;
    23    i. In the area between roadways of a divided highway, including cross-
    24  overs, except in an emergency;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8608                             2
     1    j.  On  a  state expressway highway or state interstate route highway,
     2  including the entrances thereto and exits therefrom, which  are  a  part
     3  thereof, except in an emergency[.];
     4    k.  Engage  in  the  retail  sale  of  frozen desserts as that term is
     5  defined in subdivision thirty-seven of section  three  hundred  seventy-
     6  five  of  this  chapter  directly to pedestrians on any highway having a
     7  speed limit in excess of thirty miles per hour. Nothing herein shall  be
     8  construed  to  prohibit  the operator of such vehicle from stopping such
     9  vehicle off such highway, in a safe manner,  for  the  sole  purpose  of
    10  delivering  such  retail product directly to the residence of a consumer
    11  or to the business address of a customer of such retailer[.];
    12    l. In a space designated as provided  in  this  subparagraph  for  the
    13  exclusive purpose of charging an electric vehicle at an electric vehicle
    14  charging  station,  unless such vehicle is an electric vehicle connected
    15  to such charging station. Provided,  however,  that  an  electric  motor
    16  vehicle  disconnected  from the electric vehicle charging station for no
    17  more than thirty continuous minutes while stopped, standing or parked in
    18  such designated space shall not  be in violation of  this  subparagraph.
    19  Parking spaces designated for the exclusive purpose of charging an elec-
    20  tric  vehicle  at  an electric vehicle charging station shall be clearly
    21  identified, and such designation shall include  conspicuous  and  perma-
    22  nently  installed  above  grade signs which shall be positioned from the
    23  parking space surface at a height of not less than five  feet  nor  more
    24  than  seven  feet  and  which identify such space as an electric vehicle
    25  charging station, indicate that such space is only for electric  vehicle
    26  charging  and  include any day or time restrictions. For the purposes of
    27  this subparagraph, the term "electric vehicle" shall mean a motor  vehi-
    28  cle  that is propelled at least in part by an electric motor and associ-
    29  ated power electronics which provide acceleration torque  to  the  drive
    30  wheels  sometime  during  normal vehicle operation, and that draws elec-
    31  tricity from a battery or hydrogen fuel cell that is  capable  of  being
    32  recharged from an external source of electricity, such that the external
    33  source of electricity cannot be connected to the vehicle while the vehi-
    34  cle is in motion, and the term "electric vehicle charging station" shall
    35  mean  the  equipment  needed  to convey electric power from the electric
    36  grid or another power source to an onboard motor vehicle energy  storage
    37  system.
    38    § 2. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law.
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