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A01721 Summary:

BILL NOA01721B
 
SAME ASSAME AS S05120-B
 
SPONSORCunningham
 
COSPNSRRivera, Rosenthal L, Thiele, Otis, Levenberg
 
MLTSPNSR
 
Add 66-w, Pub Serv L
 
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.
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A01721 Memo:

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.
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A01721 Text:



 
                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.
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