S T A T E   O F   N E W   Y O R K
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                                   3435
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in  relation  to  requiring  all  new
   residential  and commercial construction that has dedicated off-street
   parking to implement electric vehicle supply equipment infrastructure

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "electric vehicle readiness act".
   § 2. The executive law is amended by adding a  new  section  378-a  to
 read as follows:
   §  378-A. STANDARDS FOR CONSTRUCTION OF ELECTRIC VEHICLE SUPPLY EQUIP-
 MENT. 1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A.  "ELECTRIC  VEHICLE"  OR "EV" SHALL MEAN AN AUTOMOTIVE-TYPE VEHICLE
 FOR ON-ROAD USE, SUCH AS PASSENGER  AUTOMOBILES,  BUSES,  TRUCKS,  VANS,
 NEIGHBORHOOD  ELECTRIC  VEHICLES,  ELECTRIC  MOTORCYCLES,  AND THE LIKE,
 POWERED BY AN ELECTRIC MOTOR THAT  DRAWS  CURRENT  FROM  A  RECHARGEABLE
 STORAGE BATTERY, FUEL CELL, PHOTOVOLTAIC ARRAY, OR OTHER SOURCE OF ELEC-
 TRIC  CURRENT  WHICH  IS  CHARGED  BY  BEING  PLUGGED INTO AN ELECTRICAL
 SOURCE.  FOR THE PURPOSE OF THIS SECTION, OFF-ROAD, SELF-PROPELLED ELEC-
 TRIC VEHICLES, SUCH AS INDUSTRIAL  TRUCKS,  HOISTS,  LIFTS,  TRANSPORTS,
 GOLF  CARTS,  AIRLINE GROUND SUPPORT EQUIPMENT, TRACTORS, BOATS, AND THE
 LIKE, ARE NOT INCLUDED.
   B. "ELECTRIC VEHICLE  SUPPLY  EQUIPMENT"  OR  "EVSE"  SHALL  MEAN  THE
 CONDUCTORS,  INCLUDING  THE UNGROUNDED, GROUNDED AND EQUIPMENT GROUNDING
 CONDUCTORS, AND THE ELECTRIC VEHICLE CONNECTORS, ATTACHMENT  PLUGS,  AND
 ALL OTHER FITTINGS, DEVICES, POWER OUTLETS, OR OTHER APPARATUS INSTALLED
 SPECIFICALLY  FOR  THE PURPOSE OF TRANSFERRING ENERGY BETWEEN THE WIRING
 OF THE PREMISES AND THE ELECTRIC VEHICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07573-01-1
              

 A. 3435                             2
 
   C. "ELECTRIC VEHICLE SUPPLY EQUIPMENT INFRASTRUCTURE" SHALL  MEAN  THE
 EQUIPMENT, AS DEFINED BY THE NATIONAL ELECTRICAL CODE, WHICH IS PROVIDED
 TO SUPPORT FUTURE ELECTRIC VEHICLE CHARGING. THIS SHALL INCLUDE, BUT NOT
 BE  LIMITED  TO: THE DESIGN LOAD PLACED ON ELECTRICAL PANELS AND SERVICE
 EQUIPMENT TO SUPPORT THE ADDITIONAL ELECTRICAL DEMAND, THE PANEL CAPACI-
 TY TO SUPPORT ADDITIONAL FEEDER OR BRANCH CIRCUITS, AND THE INSTALLATION
 OF  RACEWAYS, BOTH UNDERGROUND AND SURFACE MOUNTED, TO SUPPORT THE ELEC-
 TRICAL VEHICLE SUPPLY EQUIPMENT.
   2. ALL NEW COMMERCIAL AND RESIDENTIAL BUILDINGS THAT INCLUDE DEDICATED
 OFF-STREET PARKING, THAT IS NOT LOCATED IN ANY DEDICATED  PUBLIC  RIGHT-
 OF-WAY, SHALL BE REQUIRED TO INSTALL EVSE INFRASTRUCTURE AS FOLLOWS:
   A. THE EVSE INFRASTRUCTURE SHALL BE INSTALLED PURSUANT TO THE REQUIRE-
 MENTS OF THE CURRENT EDITION OF THE NATIONAL ELECTRICAL CODE.
   B.  THE  NUMBER  OF PARKING SPACES SHALL BE AT LEAST ONE PARKING SPACE
 WITH EVSE INFRASTRUCTURE FOR EVERY  FIVE  PARKING  SPACES  WITHOUT  EVSE
 INFRASTRUCTURE.
   C.  FOR  ALL  NEW  COMMERCIAL CONSTRUCTION, ALL NEW OFF-STREET PARKING
 SHALL INCLUDE EVSE INFRASTRUCTURE BASED ON THE TOTAL NUMBER  OF  PARKING
 SPACES ESTABLISHED IN PARAGRAPH B OF THIS SUBDIVISION.
   (I) THE ELECTRICAL EQUIPMENT ROOM, WHEN PROVIDED FOR IN NEW BUILDINGS,
 SHALL  HAVE  A DEDICATED SPACE FOR THE FUTURE INSTALLATION OF EVSE. THIS
 SPACE SHALL BE IDENTIFIED ON ALL CONSTRUCTION  DOCUMENTS  SUBMITTED  FOR
 REVIEW, AND THE DEDICATED SPACE SHALL NOT ALLOW FOR ANY VIOLATION OF THE
 NATIONAL  ELECTRICAL  CODE  PRESCRIPTIVE REQUIREMENTS REGULATING WORKING
 SPACE CLEARANCES AROUND EQUIPMENT, OR  ANY  VIOLATION  OF  THE  NATIONAL
 ELECTRICAL  CODE PRESCRIPTIVE REQUIREMENTS GOVERNING THE ENTRANCE TO AND
 EGRESS FROM SUCH ELECTRICAL EQUIPMENT WORKING SPACE.
   (II) DURING THE CONSTRUCTION OF THE  ELECTRICAL  EQUIPMENT  ROOM,  ALL
 RACEWAYS  INSTALLED  FOR  THE EVSE INFRASTRUCTURE SHALL TERMINATE AT THE
 SPACE DEDICATED FOR THE FUTURE EVSE INSTALLATION.
   (III) PRIOR TO THE FINAL ELECTRICAL  INSPECTION  APPROVAL,  THE  SPACE
 DEDICATED  WITHIN  THE  ELECTRICAL ROOM FOR THE FUTURE EVSE INSTALLATION
 SHALL HAVE THE WALL LABELED WITH THE FOLLOWING LANGUAGE:  "FUTURE  ELEC-
 TRIC VEHICLE CHARGING EQUIPMENT AND PANELS".
   (IV) THE PROPOSED PLACEMENT AND INSTALLATION OF EVSE INFRASTRUCTURE OR
 EQUIPMENT SHALL NOT VIOLATE ANY PROVISION OF THE AMERICANS WITH DISABIL-
 ITIES ACT OF 1990.
   (V)  THE  EVSE INFRASTRUCTURE SHALL INCLUDE A RACEWAY WHICH IS CONTIN-
 UOUS FROM THE BRANCH CIRCUIT OR FEEDER PANEL LOCATION TO THE  FUTURE  EV
 PARKING  SPACE  DESIGNATED FOR THE BUILDING. SUCH RACEWAY SHALL BE SIZED
 AND INSTALLED PURSUANT TO THE NATIONAL ELECTRICAL CODE; HOWEVER,  IN  NO
 CASE  SHALL  SUCH  RACEWAY  BE LESS THAN ONE INCH IN SIZE.  SUCH RACEWAY
 SHALL INCLUDE A PULL ROPE OR LINE INSTALLED FOR FUTURE CONDUCTOR INSTAL-
 LATION WITH SUCH RACEWAY SEALED AND LABELED FOR FUTURE USE.
   (VI) THE PLACEMENT OF EVSE SHALL NOT CREATE A TRIP HAZARD OR VIOLATION
 OF THE ACCESSIBLE PATH OF TRAVEL WHEN THE EVSE CORD IS CONNECTED  TO  AN
 EV.
   (VII)  THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO BUILDINGS
 WITHOUT A DESIGNATED PARKING SPACE LOCATED ON THE PREMISES OR TO PARKING
 SPACES LOCATED IN THE PUBLIC RIGHT-OF-WAY.
   D. FOR ALL NEW RESIDENTIAL CONSTRUCTION, ALL  NEW  OFF-STREET  PARKING
 SHALL  INCLUDE  EVSE INFRASTRUCTURE BASED ON THE TOTAL NUMBER OF PARKING
 SPACES ESTABLISHED IN PARAGRAPH B OF  THIS  SUBDIVISION.  ALL  BUILDINGS
 REGULATED  BY  THIS SECTION SHALL PROVIDE SUFFICIENT ELECTRICAL CAPACITY
 FOR A FORTY-AMPERE, TWO HUNDRED FORTY-VOLT BRANCH CIRCUIT FOR THE FUTURE
 INSTALLATION OF EVSE.

 A. 3435                             3
 
   (I) AN ATTACHED OR DETACHED GARAGE, WHEN PROVIDED IN  NEW  RESIDENTIAL
 BUILDINGS,  SHALL  INCLUDE  DEDICATED  SPACE FOR THE FUTURE PLACEMENT OF
 EVSE.
   (II)  ABSENT AN ATTACHED OR DETACHED GARAGE, AN UNDERGROUND ELECTRICAL
 CONDUIT SHALL BE PROVIDED BETWEEN THE DWELLING AND THE DESIGNATED  PARK-
 ING  SPACE  FOR  THE  DWELLING.  THE EVSE INFRASTRUCTURE SHALL INCLUDE A
 RACEWAY WHICH IS CONTINUOUS FROM THE  BRANCH  CIRCUIT  OR  FEEDER  PANEL
 LOCATION  TO  THE  FUTURE  EV PARKING SPACE DESIGNATED FOR THE BUILDING.
 SUCH RACEWAY SHALL BE SIZED AND INSTALLED PURSUANT TO THE NATIONAL ELEC-
 TRICAL CODE; HOWEVER, IN NO CASE SHALL SUCH RACEWAY  BE  LESS  THAN  ONE
 INCH  IN  SIZE. SUCH RACEWAY SHALL INCLUDE A PULL ROPE OR LINE INSTALLED
 FOR FUTURE CONDUCTOR INSTALLATION WITH SUCH RACEWAY SEALED  AND  LABELED
 FOR FUTURE USE.
   (III)  THE  PLACEMENT  OF  EVSE  SHALL  NOT  CREATE  A  TRIP HAZARD OR
 VIOLATION OF THE ACCESSIBLE  PATH  OF  TRAVEL  WHEN  THE  EVSE  CORD  IS
 CONNECTED TO AN EV.
   (IV)  THE  REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO BUILDINGS
 WITHOUT A DESIGNATED PARKING SPACE LOCATED ON THE PREMISES OR TO PARKING
 SPACES LOCATED IN THE PUBLIC RIGHT-OF-WAY.
   3. EXCEPTIONS MAY BE ISSUED BY A LOCAL ENFORCEMENT AGENCY  WHERE  SUCH
 AGENCY HAS DETERMINED THAT EV CHARGING AND INFRASTRUCTURE ARE NOT FEASI-
 BLE BASED UPON ONE OR MORE OF THE FOLLOWING CONDITIONS:
   A. THERE IS NO COMMERCIAL POWER SUPPLY FOR THE PLANNED BUILDING.
   B.  IF  THERE IS EVIDENCE SUBSTANTIATING THAT MEETING THE REQUIREMENTS
 OF THIS SECTION WILL PRESENT AN UNREASONABLE HARDSHIP OR IS  TECHNICALLY
 INFEASIBLE, THE LOCAL ENFORCEMENT AGENCY MAY CONSIDER AN APPEAL FROM THE
 PROJECT  SPONSOR  TO REDUCE THE NUMBER OF EV CHARGING SPACES REQUIRED OR
 PROVIDE FOR EV CHARGING ELSEWHERE.
   4. ALL EXCEPTIONS GRANTED BY LOCAL LAW ENFORCEMENT AGENCIES  SHALL  BE
 REPORTED  TO  THE  COUNCIL AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION.
   5. NOTHING IN THIS SECTION  SHALL  PREVENT  THE  COUNCIL  OR  A  LOCAL
 GOVERNMENT  FROM  ADOPTING A LAW, CODE, ORDINANCE OR REGULATION WHICH IS
 MORE STRINGENT THAN THE REQUIREMENTS OF THIS SECTION.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.