Relates to establishing electric vehicle charging station reliability reporting and standards; requires the commission to develop reliability, recordkeeping and reporting standards for electric vehicle charging stations by January 1, 2025.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1721B
SPONSOR: Cunningham TITLE OF BILL:
An act to amend the public service law, in relation to establishing
electric vehicle charging station reliability reporting and standards
PURPOSE OR GENERAL IDEA OF BILL::
To assess and improve the reliability of electric vehicle charging
stations.
SUMMARY OF PROVISIONS::
Section 1 amends the public service law to: define relevant terms,
require performance reporting on publicly funded charging stations, and
set the activities and projects of the commission.
Section two provides for an immediate effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Changes focus of the bill from 'reporting and maintenance' to 'reliabil-
ity, recordkeeping, and reporting.'
Changes definition of `uptime' to clarify that it is the functioning of
an EV charger's hardware and software necessary to initiate a charging
station. Removes definitions of charging station and excluded time.
Shorterns uptime timeline requirement from 6 years to 5 years. Includes
more factors that are outside the charger operator's control.
Removes the requirement of the development of minimum industry opera-
tional standards. Changes requirement for a minimum service level agree-
ment to repair and maintain the EV charging equipment to development of
tools and incentives to improve charging.station reliability.
JUSTIFICATION::
Increasing consumer confidence in electric vehicle convenience and
accessibility depends on robust, publicly available charging stations.
Despite significant state progress deploying publicly available charging
stations, many New Yorkers still lack access to them, including those in
low-income, disadvantaged, and rural communities, those residing in
multi-family housing, and some dense urban areas. Publicly available
charging stations not only need to be widely available across all commu-
nities, but they also need to be highly reliable so that consumers can
depend on them no matter where they are. Service providers, manufactur-
ers, site hosts, and charging station maintenance, technicians must work
together to effectively monitor and resolve software and hardware fail-
ures.
If the state is going to increase consumer confidence in electric vehi-
cles and public charging stations, it must understand the performance of
publicly funded infrastructure to assess if there are issues with reli-
ability, and if so, address these issues with policies and tools to
protect consumers. This bill will provide the State with a comprehensive
assessment of the reliability of ' publicly funded charging stations,
and direct the Public Service Commission to establish minimum industry
standards and state incentives to improve electric vehicle charging
station reliability.
PRIOR LEGISLATIVE HISTORY::
2023: A.1721/S.5120 - Referred to Energy 2021-22: A.10688/S.9204 -
Referred to Energy
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
To be determined.
EFFECTIVE DATE::
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1721--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. CUNNINGHAM, RIVERA -- read once and referred to
the Committee on Energy -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Ways and Means -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public service law, in relation to establishing
electric vehicle charging station reliability reporting and standards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public service law is amended by adding a new section
2 66-w to read as follows:
3 § 66-w. Electric vehicle charging station reliability, recordkeeping,
4 and reporting standards. 1. For purposes of this section "uptime" means
5 an electric vehicle charger's hardware and software necessary to initi-
6 ate a charging station are both operational and the electric vehicle
7 charger successfully dispenses electricity.
8 2. The commission shall through a stakeholder process develop reli-
9 ability, recordkeeping and reporting standards for electric vehicle
10 charging stations by January first, two thousand twenty-five, provided
11 such standards shall:
12 (a) only be applicable to publicly-available electric vehicle charging
13 stations that received an incentive funded by (i) the state, or (ii)
14 through a charge on ratepayers;
15 (b) apply to such electric vehicle charging stations for a minimum of
16 five years; and
17 (c) apply to publicly-available electric vehicle charging stations
18 installed on or after January first, two thousand twenty-five.
19 3. The commission shall through a stakeholder process create a formula
20 to calculate uptime and determine what events that make an electric
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04265-05-3
A. 1721--B 2
1 vehicle charger inoperable constitute excluded time for purposes of
2 developing the formula.
3 4. The commission shall at a minimum consider events that are outside
4 of an electric vehicle charger operator's control for purposes of making
5 such determination which, includes issues related to the electrical
6 grid, force majeure, third party damage, power outage, supply chain
7 disruptions, internet and cellular connectivity, and vandalism and other
8 items outside the reasonable control of the operator of the charging
9 station, as determined through a process for public input. Uptime
10 requirements shall be measured on a per site basis to ensure consistency
11 among technology type and power levels.
12 5. Beginning January first, two thousand twenty-six and every two
13 years thereafter, the commission shall assess the uptime of the electric
14 vehicle charging station infrastructure, including at minimum, an
15 assessment of equitable access to reliable charging stations in low,
16 moderate, and high-income communities. Any data published or maintained
17 for any public facing purpose by the commission shall be aggregated,
18 anonymized, and not company specific.
19 6. On or before April first, two thousand twenty-five, the commission
20 shall develop tools or incentives to improve charging station reliabil-
21 ity.
22 7. Notwithstanding any law, rule or regulation to the contrary, the
23 commission shall include these reporting and reliability requirements as
24 a condition of receiving state incentives for electric vehicle charging
25 stations.
26 § 2. This act shall take effect immediately.
