Establishes a highway and depot charging needs evaluation to assist in achieving targets set forth by the climate leadership and community protection act, zero-emissions vehicle sales target and regulations, including the advanced clean truck, advanced clean cars II rules and the zero-emissions school bus mandate.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5052C
SPONSOR: Woerner
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to conducting a
highway and depot charging needs evaluation
 
PURPOSE:
This legislation amends the public authorities and public service laws
to require the development of a highway and depot charging action plan
to meet the state's clean transportation goals.
 
SUMMARY OF PROVISIONS:
Section 1. Sets for the legislative findings.
§ 2. Adds § 1885 to the public authorities law, to:
Require NYSERDA, in consultation with the Department of Transportation,
Department of Motor Vehicles, New York State Thruway Authority, New York
Power Authority, Long Island Power Authority, Department of Environ-
mental Conservation and the electric distribution and transmission util-
ities to develop a highway and depot charging needs evaluation within
nine months of the effective date of the bill and every three years
thereafter. The charging action plan shall support and complement DOT
planning for fast charger deployment along alternative fuel corridors;
identify the number and location of fast chargers along priority highway
corridors; estimate future need for such deployment for the purposes of
specified parameters; identify the number and location of highway charg-
ing hubs; estimate total charging capacity required to serve light-,
medium- and heavy-duty electric vehicles at each highway charging hub
through at least 2050; identify, to the extent practicable, the number
and location of commercial and public fleet vehicles in operation; iden-
tify the number and location of fleet charging zones; estimate future
need for charging deployment and charging capacity in the fleet charging
zones; seek to optimize fast charger deployment among the highway charg-
ing hubs and charging development among the fleet charging zones to
reduce the cost of interconnection, electric distribution, and local
transmission upgrades while serving projected vehicle traffic volumes;
analyze and asses total potential costs associated with identified need;
and analyze and assess federal or state funding needs to minimize costs
to rate payers Direct NYSERDA to develop a stakeholder engagement proc-
ess to raise consumer awareness and education and solicit feedback from
the public, representatives or residents of environmental justice or
disadvantaged communities, electric vehicle manufacturers, electric
vehicle supply equipment manufacturers, fleet operators, and others. To
the extent practicable and consistent with applicable timelines, NYSERDA
may coordinate the highway and depot charging action plan stakeholder
input process with the process set forth in § 1884 of the public author-
ities law.
The needs evaluation shall be made publicly available on NYSERDA's
website.
Defines what will be considered for designation as highway charging hubs
in the needs evaluation.
Require NYSERDA to prioritize geographic areas for designation as fleet
charging zones based on specified parameters.
Set forth definitions for terms used in § 1885.
3. Establishes the effective date.
 
JUSTIFICATION:
New York has set rigorous goals - such as the Climate Leadership and
Community Protection Act of 2019 (CLCPA), Advanced Clean Trucks and
Advanced Clean Cars II rules, and the Zero Emissions Vehicles sales
targets - to predominantly electrify its transportation sector by 2050,
with significant target deadlines rapidly approaching. To meet the clean
transportation goals we have set, New York must now commit to equally
rigorous and well-planned goals to expedite electric grid transmission
and distribution infrastructure and interconnection upgrades. Fast
charging stations need to be built all along the New York State Thruway
and other high priority corridors. But fast chargers create considerable
demand for energy; exponentially more demand than currently required to
power the gas pumps found at Thruway rest stops and throughout the
state. As a result, as sales of zero emission vehicles continue to grow
and gain momentum, the electric grid must grow just as quickly to keep
pace with demand. Electric grid infrastructure upgrades are costly and
subject to a time-consuming process that requires considerable coordi-
nation to plan, engineer, permit, and construct. That extensive process
must begin now - far ahead of the electrification tar get deadlines - to
meet the demands that will emerge with those deadlines. In fact, if the
upgrade process fails to outpace the time when electric vehicle adoption
reaches scale, we will not have a reliable and adequate electric supply
to power all the new electric vehicles on New York's roadways.
This legislation establishes the framework to evaluate for electric
vehicle fast-charging deployment on New York's highways by directing
NYSERDA, in consultation with the Department of Transportation, Depart-
ment of Motor Vehicles, New York State Thruway Authority, New York Power
Authority, Long Island Power Authority, Department of Environmental
Conservation and the electric distribution and transmission utilities
to, among other things, identify the number of fast chargers, highway
charging hubs, and fleet charging zones currently in operation and in
development along New York's priority highways, estimate future need for
fast charger deployment, and estimate total charging capacity required
through at least 2050. This planning will include stakeholder input in
line with existing energy planning processes, and NYSERDA will then
report the plan to the public service commission..
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5052--C
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. WOERNER, McDONALD, GUNTHER, STIRPE, HUNTER,
THIELE, GLICK, STERN, JACOBSON, MAGNARELLI, BENDETT, K. BROWN,
CUNNINGHAM, FAHY, DURSO, GANDOLFO -- Multi-Sponsored by -- M. of A.
SIMON -- read once and referred to the Committee on Corporations,
Authorities and Commissions -- 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 -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to conducting a
highway and depot charging needs evaluation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. In order to achieve targets set forth
2 by the climate leadership and community protection act, zero-emissions
3 vehicle sales target and regulations, including the advanced clean truck
4 and advanced clean cars II rules, zero-emissions school bus mandate, and
5 other relevant goals, the interests of the people of the state would be
6 served by:
7 1. Coordinating efforts to plan for electric vehicle fast-charging
8 deployment on New York's highways;
9 2. Identifying priority sites for the deployment of fast chargers
10 along New York's highways, estimating future charging demand at these
11 sites for all vehicle classes, and identifying necessary electric grid
12 transmission and distribution infrastructure and interconnection
13 upgrades at these sites;
14 3. Expediting electric grid transmission and distribution infrastruc-
15 ture and interconnection upgrades at sites controlled by the New York
16 state thruway authority, sufficient to future-proof thruway sites for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09078-09-3
A. 5052--C 2
1 accelerated fast charger deployment to serve light duty, medium duty and
2 heavy duty vehicles; and
3 4. Identifying additional high priority areas for the deployment of
4 charging for medium and heavy duty vehicles, such as school buses, tran-
5 sit buses, and other light, medium and heavy duty commercial fleet
6 depots, including taxi and ride-share vehicle fleets, and removing
7 barriers to charging deployment, including electric infrastructure
8 constraints.
9 5. Identifying additional priority areas for deployment of charging
10 infrastructure designed to support building of charging in densely popu-
11 lated urban areas where access to charging is currently or may be limit-
12 ed.
13 § 2. The public authorities law is amended by adding a new section
14 1885 to read as follows:
15 § 1885. Highway and depot charging needs evaluation. 1. Within nine
16 months of the effective date of this section, and every three years
17 thereafter, the authority, in consultation with the department of trans-
18 portation, the department of motor vehicles, the New York state thruway
19 authority, the New York power authority, the Long Island power authori-
20 ty, the department of environmental conservation, the electric distrib-
21 ution and local transmission utilities, the New York Association for
22 Pupil Transportation, and freight logistics experts shall conduct a
23 needs evaluation to:
24 (a) consider planning by the department of transportation for fast
25 charger deployment along alternative fuel corridors and major freight
26 corridors;
27 (b) identify the number and location of fast chargers along priority
28 highway corridors and major freight corridors, including fast chargers
29 currently in operation and in development;
30 (c) estimate future need for fast charger deployment along priority
31 highway and major freight corridors for the purposes of (i) facilitating
32 the cost-effective and timely achievement of mandates under (1) article
33 seventy-five of the environmental conservation law, (2) section
34 19-0306-b of the environmental conservation law regarding zero-emissions
35 vehicle sales targets, (3) rules and regulations for zero-emissions
36 vehicles adopted by the commissioner of environmental conservation, and
37 (4) other relevant and applicable federal and state rules or regulations
38 or local goals to reduce transportation sector emissions; and (ii)
39 supporting electric vehicle adoption by consumers and fleet operators;
40 (d) identify the number and location of highway charging hubs, includ-
41 ing but not limited to thruway charging hubs and freight charging hubs,
42 currently in operation and in development along priority highway and
43 major freight corridors;
44 (e) estimate total charging capacity required to serve light duty,
45 medium duty, and heavy duty electric vehicles at each highway and
46 freight charging hub through at least the year two thousand fifty;
47 (f) identify, to the extent practicable, the number and location of
48 commercial and public fleet vehicles in operation, including their body
49 type, fuel type, model year, zip code, and other relevant information
50 needed to forecast the number and location of zero-emissions vehicles,
51 per state policy;
52 (g) identify the number and location of fleet charging zones;
53 (h) estimate future need for charging deployment and charging capacity
54 in the fleet charging zones, sufficient to satisfy the targets and regu-
55 lations identified in paragraph (c) of this subdivision;
A. 5052--C 3
1 (i) examine ways to optimize fast charger deployment among the highway
2 charging hubs, the freight charging hubs, and all such charging hubs,
3 and charging development among the fleet charging zones to reduce the
4 cost of interconnection, if deemed necessary, and electric distribution
5 and local transmission upgrades while serving projected vehicle traffic
6 volumes;
7 (j) analyze and asses the total potential costs associated with any
8 identified need;
9 (k) analyze and assess federal or state funding opportunities to mini-
10 mize such costs to rate payers; and
11 (l) identify the number and location of critical public charging sites
12 and estimate future need for charging deployment and charging capacity
13 for critical public charging sites.
14 2. The authority shall develop a stakeholder engagement process to
15 raise consumer awareness and education across the state and solicit
16 feedback from the public, local government, representatives or residents
17 of environmental justice or disadvantaged communities, electric vehicle
18 manufacturers, electric vehicle supply equipment manufacturers, fleet
19 operators, school district transportation directors and others on the
20 highway and depot charging needs evaluation. To the extent practicable
21 and consistent with applicable timelines, the authority may coordinate
22 the highway and depot charging needs evaluation stakeholder input proc-
23 ess with the process set forth in section eighteen hundred eighty-four
24 of this article.
25 3. The needs evaluation shall be made publicly available on the
26 authority's website.
27 4. When conducting the needs evaluation, the following locations shall
28 be considered for designation as highway and/or freight charging hubs:
29 (a) All thruway charging hubs.
30 (b) Additional sites or geographic areas based on (i) eligibility for
31 federal, state, or other funding opportunities, including but not limit-
32 ed to needs identified through the NEVI formula program planning proc-
33 ess, (ii) proximity to electric transmission infrastructure, (iii)
34 projected vehicle traffic, (iv) charging network coverage, (v) inter-
35 state and intrastate commerce, (vi) benefits to environmental justice
36 and disadvantaged communities, (vii) benefits of increased charging
37 accessibility in host communities, (viii) real property ownership or
38 control of potential sites, (ix) relevant commitments from site and/or
39 charging operators, and (x) other factors deemed relevant for the devel-
40 opment and successful implementation of the highway charging needs eval-
41 uation.
42 (c) Locations within one mile of the priority highway corridors,
43 spaced no more than fifty miles apart along the priority highway corri-
44 dors and reasonably accessible regardless of direction of travel.
45 (d) Privately operated sites which are open to the public or multiple
46 commercial entities as eligible for designation as a highway charging
47 hub or freight charging hub, subject to reasonable restrictions.
48 (e) A single highway or freight charging hub comprised of multiple
49 charging service areas within a reasonable distance from one another.
50 5. When conducting the needs evaluation, the following geographic area
51 criteria shall be considered when determining designations as fleet
52 charging zones:
53 (a) total number of commercial and public fleet vehicles in operation
54 and/or total number of fleet operators in the geographic area,
55 (b) projected vehicle traffic in the geographic area,
56 (c) benefits to public fleets, such as school bus operators,
A. 5052--C 4
1 (d) benefits to environmental justice and disadvantaged communities,
2 (e) relevant commitments from fleet and/or site operators to install
3 charging equipment,
4 (f) available capacity on the electric distribution and local trans-
5 mission network to serve vehicle chargers,
6 (g) ensuring equitable coverage and access to fleet charging through-
7 out the state, and
8 (h) sites where private or public fleet vehicles are regularly parked,
9 maintained, or otherwise dispatched for service, including school bus
10 garages.
11 6. As used in this section, the following terms shall have the follow-
12 ing meanings:
13 (a) "Alternative fuel corridors" shall mean highways designated within
14 the state pursuant to the national electric vehicle infrastructure
15 formula program under 23 U.S.C. 151 and previously designated under the
16 federal Fixing America's Surface Transportation Act of 2015.
17 (b) "Charging needs evaluation" shall mean the highway and depot
18 charging needs evaluation.
19 (c) "Critical public charging site" shall mean a priority site for the
20 deployment of charging infrastructure designed to support buildout of
21 charging in densely populated urban areas where access to charging may
22 be limited.
23 (d) "Fast charger" shall mean a direct current electric vehicle charg-
24 ing port which can charge at a level of at least one hundred fifty kilo-
25 watts.
26 (e) "Fleet charging zone" shall mean a priority geographic area for
27 the deployment of charging infrastructure for public and commercial
28 fleet operators or owners, including school bus fleets, taxi and ride-
29 share vehicle fleets.
30 (f) "Freight charging hub" shall mean a priority site for the deploy-
31 ment of large scale, fast charging infrastructure, which has minimum
32 station power capability at or above six hundred kilowatts and supports
33 at least one hundred fifty kilowatts per port simultaneously across four
34 ports for charging. These sites may include highway charging hubs.
35 (g) "Highway and depot charging needs evaluation" shall mean the needs
36 evaluation developed pursuant to subdivision two of this section.
37 (h) "Highway charging hub" shall mean a priority site for the deploy-
38 ment of large scale, fast charging infrastructure, which has minimum
39 station power capability at or above six hundred kilowatts and supports
40 at least one hundred fifty kilowatts per port simultaneously across four
41 ports for charging. These sites shall include but are not limited to
42 thruway charging hubs.
43 (i) "Major freight corridor" shall mean segments of the freight trans-
44 portation network identified by the federal highway administration that
45 carry more than fifty million tons per year, including highway segments
46 that carry at least eight thousand five hundred trucks per day, addi-
47 tional highway segments and parallel rail lines that together carry at
48 least eight thousand five hundred truck, trailer-on-flatcar, and
49 container-on-flatcar payloads of typically high-value, time sensitive
50 cargo, and rail lines and waterways that carry fifty million tons in
51 bulk cargo per year.
52 (j) "NEVI" shall mean the national electric vehicle infrastructure
53 program established under the federal Infrastructure Investment and Jobs
54 Act of 2021.
55 (k) "Priority highway corridor" shall mean alternative fuel corridors
56 and other state and county highways identified in the charging needs
A. 5052--C 5
1 evaluation as appropriate to ensure sufficient and equitable charging
2 access throughout the state.
3 (l) "Thruway charging hubs" shall mean all highway service areas
4 controlled, leased, owned, or operated by the New York state thruway
5 authority.
6 § 3. This act shall take effect immediately.