NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8608 Revised 8/17/2020
SPONSOR: Paulin 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.
STATE OF NEW YORK
________________________________________________________________________
8608
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.
LBD13759-02-9
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.
