NY State Senate Bill 2021-S8365A

Senate Bill S8365A

2021-2022 Legislative Session

Requires commercial garages containing electric vehicle charging stations to ensure public access to such charging stations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2022	print number 8365a
Aug 26, 2022	amend (t) and recommit to rules
May 17, 2022	reported and committed to rules
Feb 16, 2022	referred to finance

Votes

- May 17, 2022 - Finance Committee Vote
  S8365A
  
  17
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 17, 2022
      
      aye (17)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (2)
      
      O'Mara
      
      Serino
      
      aye wr (3)
      
      Gallivan
      
      Savino
      
      Tedisco
      
      absent (1)
      
      Parker

Bill Amendments

Original

A (Active)

2021-S8365 - Details

See Assembly Version of this Bill:: A9361
Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Add §18-a, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: S110, A1122, A8916

2021-S8365 - Summary

Requires commercial garages containing electric vehicle charging stations to ensure public access to such charging stations at commercially reasonable rental or fee rates.

2021-S8365 - Sponsor Memo

                                 
BILL NUMBER: S8365

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the state finance law, the public authorities law and
the public service law, in relation to requiring every parking garage
with an electric vehicle charging station installed with state funds to
be open to the public

 
SUMMARY OF PROVISIONS:

Section 1 amends section 4 of the state finance law to prohibit a state
agency, official, or employee acting in their official capacity from
disbursing state funds towards projects involving the installation of
electric vehicle in commercial garages unless the garage waives access
fees for a consumer solely charging their vehicle.

Sections 2 and 3 amend respectively subdivision 9-a of section 1005 and
subdivision 8 of section 1854 of the public authorities law to extend
the prohibition laid out above to the New York Power Authority and New
York State Energy Research and Development Authority.

Section 4 amends section 66 of the public service law to prohibit the
public service commission from incentivizing the installation of elec-
tric vehicle chargers in commercial garages through the waiver or
reduction of fees required to be paid by utilities or financed by rate-
payers, unless the garage waives access fees for a consumer solely
charging their vehicle

Section 5 provides the effective date

 
JUSTIFICATION:

 New York currently oversees several programs to subsidize the installa-
tion and operation of electric vehicle (EV) chargers in publicly avail-
able locations, including in commercial pay to park garages. Chargers
installed in commercial garages are publicly available only to those
that can afford to pay to park their car in a garage. According to
industry research conducted by Parkopedia, New York is the most expen-
sive city in the world to park off street, with two hours of parking
time averaging just under $35*.  A level 2 charger can deliver about 25
miles of range per hour.

Future programs could serve more New Yorkers by prohibiting the subsi-
dization of a charger in a commercial garage unless that garage agrees
to waive access fees to a consumer who wants to charge their vehicle.
This framework has been adopted by the Public Service Commission in
implementing its Direct Current Fast Charging Infrastructure Program
(see CASE 18-E-0138) and should be the standard that all state-run
programs follow to remove barriers to charging and increase EV adoption.

*https://business.parkopedia.com/2019-global-parking-index

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
To be. determined

 
EFFECTIVE DATE:
Immediately after becoming law

2021-S8365 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8365
 
                             I N  S E N A T E
 
                             February 16, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, the public  authorities  law  and
   the  public service law, in relation to requiring every parking garage
   with an electric vehicle charging station installed with  state  funds
   to be open to the public

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of the state finance law is amended by  adding  a
 new subdivision 14 to read as follows:
   14.  (A)  NOTWITHSTANDING  ANY CONTRARY PROVISION OF LAW, BEGINNING ON
 THE EFFECTIVE DATE OF THIS SUBDIVISION AND THEREAFTER, NO STATE  AGENCY,
 STATE  OFFICIAL OR STATE EMPLOYEE ACTING IN HIS OR HER OFFICIAL CAPACITY
 SHALL PAY OUT OR OTHERWISE DISBURSE MONEY FROM ANY FUND OR ACCOUNT UNDER
 THE MANAGEMENT OF THE STATE FOR ANY PROJECT INVOLVING THE  CONSTRUCTION,
 ACQUISITION,  INSTALLATION,  RECONSTRUCTION,  IMPROVEMENT,  MAINTENANCE,
 EQUIPPING, FURNISHING OR LEASING OF AN ELECTRIC VEHICLE CHARGING STATION
 IN A COMMERCIAL GARAGE, UNLESS SUCH GARAGE WAIVES  ANY  AND  ALL  ACCESS
 FEES FOR A MOTOR VEHICLE OWNER OR OPERATOR SOLELY CHARGING THEIR VEHICLE
 AT A CHARGING STATION LOCATED IN SUCH GARAGE.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "COMMERCIAL GARAGE" MEANS
 ANY PRIVATELY OWNED  BUILDING  OR  FACILITY  WHERE  MOTOR  VEHICLES  ARE
 PARKED, STORED, SERVICED OR REPAIRED, AND WHOSE SPACE AND FACILITIES ARE
 AVAILABLE  TO  THE  PUBLIC FOR AN ACCESS FEE WITHOUT REGARD TO THE RESI-
 DENCE, BUSINESS OR EMPLOYMENT OF THE MOTOR  VEHICLE  OWNER  OR  OPERATOR
 SEEKING SUCH SPACE OR FACILITIES.
   (C) SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, THE COMPTROLLER AND
 THE  DIVISION OF THE BUDGET, IN CONSULTATION WITH THE POWER AUTHORITY OF
 THE STATE OF NEW YORK, THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY AND THE PUBLIC SERVICE COMMISSION, SHALL BE AUTHORIZED TO
 ESTABLISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINISTRATION OF THIS
 SUBDIVISION.
   (D)  NOTHING CONTAINED IN THIS SUBDIVISION SHALL OPERATE TO IMPAIR ANY
 EXISTING CONTRACT, AWARD, OR OTHER AGREEMENT, EXCEPT THAT  ANY  RENEWAL,
 AMENDMENT  OR  MODIFICATION  OF  ANY  SUCH CONTRACT, AWARD, OR AGREEMENT
 OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS  SUBDIVISION  SHALL  BE
 SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SUBDIVISION.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14337-03-2
 S. 8365                             2
 
   (E)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SUBDIVISION, THE
 OWNER OR OPERATOR OF AN ELECTRIC VEHICLE  CHARGING  STATION  MAY  CHARGE
 COMMERCIALLY  REASONABLE RENTAL OR FEES FOR THE USE OR OPERATION OF SUCH
 CHARGING STATION AS THE OWNER OR OPERATOR MAY DEEM NECESSARY IN  ACCORD-
 ANCE  WITH  ANY  RULES  OR REGULATIONS ESTABLISHED PURSUANT TO PARAGRAPH
 (C) OF THIS SUBDIVISION.
   (F)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SUBDIVISION, THE
 OWNER OR OPERATOR OF A  COMMERCIAL  GARAGE  MAY  CHARGE  A  COMMERCIALLY
 REASONABLE  DWELL  FEE FOR ANY PERIOD OF TIME AN ELECTRIC VEHICLE IS NOT
 ACTIVELY CHARGING AT AN ELECTRIC VEHICLE  CHARGING  STATION  LOCATED  IN
 SUCH  GARAGE  IN  ACCORDANCE  WITH  ANY RULES OR REGULATIONS ESTABLISHED
 PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   § 2. Subdivision 9-a of section 1005 of the public authorities law, as
 added by section 1 of part KK of chapter 58 of  the  laws  of  2019,  is
 amended to read as follows:
   9-a.  As  deemed  feasible  and  advisable by the trustees, to design,
 finance, develop, construct, install, lease, operate and maintain  elec-
 tric  vehicle  charging  stations  throughout  the  state for use by the
 public, PROVIDED THAT NO  SUCH  CHARGING  STATION  SHALL  BE  AUTHORIZED
 PURSUANT  TO  THIS  SUBDIVISION  IN  ANY  COMMERCIAL GARAGE, UNLESS SUCH
 GARAGE WAIVES ANY AND ALL ACCESS FEES FOR A MOTOR VEHICLE OWNER OR OPER-
 ATOR SOLELY CHARGING THEIR VEHICLE AT A CHARGING STATION LOCATED IN SUCH
 GARAGE IN ACCORDANCE WITH THE  PROVISIONS  OF  SUBDIVISION  FOURTEEN  OF
 SECTION FOUR OF THE STATE FINANCE LAW. The authority shall annually post
 on  their  website  a  report on those activities undertaken pursuant to
 this subdivision, including but not limited  to:  the  total  number  of
 electric vehicle charging stations in operation pursuant to such author-
 ization, the locations of such charging stations, and the total costs to
 the authority associated with such activities.
   §  3.  Subdivision  8 of section 1854 of the public authorities law is
 amended by adding a new paragraph (c) to read as follows:
   (C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NO  SPECIAL  ENERGY
 PROJECT  SHALL  BE AUTHORIZED PURSUANT TO THIS SUBDIVISION IN CONNECTION
 WITH  THE  CONSTRUCTION,  ACQUISITION,   INSTALLATION,   RECONSTRUCTION,
 IMPROVEMENT,  MAINTENANCE,  EQUIPPING, FURNISHING OR LEASING OF AN ELEC-
 TRIC VEHICLE CHARGING STATION IN A COMMERCIAL GARAGE, UNLESS SUCH GARAGE
 WAIVES ANY AND ALL ACCESS FEES FOR A MOTOR  VEHICLE  OWNER  OR  OPERATOR
 SOLELY  CHARGING  THEIR  VEHICLE  AT  A CHARGING STATION LOCATED IN SUCH
 GARAGE IN ACCORDANCE WITH THE  PROVISIONS  OF  SUBDIVISION  FOURTEEN  OF
 SECTION FOUR OF THE STATE FINANCE LAW.
   §  4.  Section 66 of the public service law is amended by adding a new
 subdivision 30 to read as follows:
   30. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NO  PROGRAM  ESTAB-
 LISHED  OR  IMPLEMENTED  BY  THE  COMMISSION  TO INCENTIVIZE THE DESIGN,
 FINANCING, DEVELOPMENT,  CONSTRUCTION,  INSTALLATION,  LEASE,  OPERATION
 AND/OR MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS (A) THROUGH THE
 WAIVER  OR  REDUCTION  OF  ANY FEE OR SURCHARGE REQUIRED TO BE PAID BY A
 UTILITY OR (B) THAT IS FINANCED IN WHOLE OR IN PART  BY  ANY  RATEPAYERS
 SHALL  AUTHORIZE THE SITING OF AN ELECTRIC VEHICLE CHARGING STATION IN A
 COMMERCIAL PARKING GARAGE, UNLESS SUCH GARAGE WAIVES ANY AN  ALL  ACCESS
 FEES FOR A MOTOR VEHICLE OWNER OR OPERATOR SOLELY CHARGING THEIR VEHICLE
 AT  A  CHARGING STATION IN SUCH GARAGE IN ACCORDANCE WITH THE PROVISIONS
 OF SUBDIVISION FOURTEEN OF SECTION FOUR OF THE STATE FINANCE LAW.
   § 5. This act shall take effect immediately.

2021-S8365A (ACTIVE) - Details

See Assembly Version of this Bill:: A9361
Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Add §18-a, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: S110, A1122, A8916

2021-S8365A (ACTIVE) - Summary

Requires commercial garages containing electric vehicle charging stations to ensure public access to such charging stations at commercially reasonable rental or fee rates.

2021-S8365A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8365A
 
SPONSOR: KRUEGER
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends the state finance law by adding a new section 18-a to
define "commercial garage" and to require a commercial garage owner or
operator to develop and implement a policy to ensure public access to
electric vehicle charging if they receive state funds or other forms of
state assistance for projects involving the installation of electric
vehicle charging stations.

Section 2 provides the effective date

 
JUSTIFICATION:

New York currently oversees several programs to subsidize the installa-
tion and operation of electric vehicle (EV) chargers in publicly avail-
able locations, including in commercial pay to park garages. Chargers
installed in commercial garages are publicly available only to those
that can afford to pay to park their car in a garage. According to
industry research conducted by Parkopedia, New York is the most expen-
sive city in the world to park off street, with two hours of parking
time averaging just under $35*. A level 2 charger can deliver about 25
miles of range per hour.

Future programs could serve more New Yorkers by requiring commercial
garages who elect to install chargers using state subsidies or other
forms of state assistance to have policies to ensure public access to
those chargers, including a policy to waive parking fees for vehicle
owners solely charging their vehicles. This framework has been adopted
by the Public Service Commission in implementing its Direct Current Fast
Charging Infrastructure Program (see CASE 18-E-0138) and should be the
standard that all state-run programs follow to remove barriers to charg-
ing and increase EV adoption.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately after becoming law

2021-S8365A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8365--A
 
                             I N  S E N A T E
 
                             February 16, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance -- reported favor-
   ably from said committee and committed to the Committee  on  Rules  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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:
 
   Section  1.  The  state finance law is amended by adding a new section
 18-a to read as follows:
   § 18-A. PARKING FACILITIES; FEES FOR ELECTRIC VEHICLE  CHARGING.    1.
 FOR THE PURPOSES OF THIS SECTION THE TERM "COMMERCIAL GARAGE" SHALL MEAN
 ANY  PRIVATELY  OWNED  BUILDING  OR  FACILITY  WHERE  MOTOR VEHICLES ARE
 PARKED, STORED, SERVICED, OR REPAIRED, AND WHOSE  SPACE  AND  FACILITIES
 ARE  AVAILABLE  TO  THE  PUBLIC  FOR A PARKING FEE WITHOUT REGARD TO THE
 RESIDENCE, BUSINESS OR EMPLOYMENT OF THE MOTOR VEHICLE OWNER OR OPERATOR
 UTILIZING SUCH SPACE OR FACILITIES.
   2. BEGINNING UPON THE EFFECTIVE DATE OF THIS SECTION  AND  THEREAFTER,
 ANY OWNER OR OPERATOR OF A COMMERCIAL GARAGE THAT RECEIVES FUNDS, LOANS,
 CREDITS,  OR  TAX  INCENTIVES, OR THAT RECEIVES A WAIVER OR REDUCTION OF
 ANY FEE OR SURCHARGE REQUIRED TO BE  PAID  BY  A  UTILITY,  OR  THAT  IS
 FINANCED  IN  WHOLE  OR  IN  PART  BY ANY UTILITY RATEPAYERS, FROM OR ON
 BEHALF OF THE POWER AUTHORITY OF THE STATE OF NEW  YORK,  THE  NEW  YORK
 STATE  ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY OR THE PUBLIC SERVICE
 COMMISSION,  FOR  PURPOSES  RELATED   TO   A   PROJECT   INVOLVING   THE
 CONSTRUCTION,  ACQUISITION,  INSTALLATION,  RECONSTRUCTION, IMPROVEMENT,
 MAINTENANCE, EQUIPPING, FURNISHING OR LEASING  OF  AN  ELECTRIC  VEHICLE
 CHARGING STATION, SHALL BE REQUIRED TO DEVELOP AND IMPLEMENT A POLICY TO
 ENSURE  PUBLIC  ACCESS  TO  ELECTRIC  VEHICLE  CHARGING  AT COMMERCIALLY
 REASONABLE RENTAL OR FEE RATES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14337-05-2

 S. 8365--A                          2
 
   3. SUCH POLICY REQUIRED UNDER SUBDIVISION TWO OF  THIS  SECTION  SHALL
 INCLUDE, BUT NOT BE LIMITED TO: (A) WAIVING ANY AND ALL PARKING FEES FOR
 ANY MOTOR VEHICLE OWNER OR OPERATOR UTILIZING SUCH COMMERCIAL GARAGE FOR
 THE  SOLE  PURPOSE  OF  ACCESSING AND USING AN ELECTRIC VEHICLE CHARGING
 STATION  LOCATED  IN  SUCH  COMMERCIAL GARAGE; (B) ADOPTING COMMERCIALLY
 REASONABLE RENTAL OR FEE RATES FOR ANY  TIME  THAT  SUCH  MOTOR  VEHICLE
 OWNER  OR  OPERATOR  IS  ACTIVELY ACCESSING OR USING AN ELECTRIC VEHICLE
 CHARGING STATION IN SUCH COMMERCIAL GARAGE; AND (C) CHARGING  ADDITIONAL
 FEES,  SUCH  AS  DWELL FEES, AS THE OWNER OR OPERATOR OF SUCH COMMERCIAL
 GARAGE MAY DEEM APPROPRIATE AND NECESSARY, FOR ANY TIME THAT SUCH  MOTOR
 VEHICLE OWNER OR OPERATOR IS UTILIZING SUCH COMMERCIAL GARAGE BUT IS NOT
 ACTIVELY USING AN ELECTRIC VEHICLE CHARGING STATION.
   4.  THE  PUBLIC  SERVICE  COMMISSION,  IN  CONSULTATION WITH THE POWER
 AUTHORITY OF THE STATE OF  NEW  YORK  AND  THE  NEW  YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT  AUTHORITY, SHALL HAVE THE AUTHORITY TO ADOPT
 REGULATIONS AND ISSUE GUIDANCE TO EFFECTUATE ANY OF  THE  PROVISIONS  OF
 THIS SECTION.
   5.  NOTHING  CONTAINED  IN  THIS  SECTION  SHALL  IMPAIR  ANY EXISTING
 CONTRACT, AWARD, OR OTHER AGREEMENT, EXCEPT THAT ANY RENEWAL, AMENDMENT,
 OR MODIFICATION OF ANY SUCH CONTRACT, AWARD OR AGREEMENT OCCURRING ON OR
 AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT TO THE  CONDI-
 TIONS SPECIFIED IN THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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