STATE OF NEW YORK
2023-2024 Regular Sessions
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.
A. 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.