S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1721
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   electric vehicle charging station reliability reporting and standards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 66-u to read as follows:
   §  66-U.  ELECTRIC  VEHICLE CHARGING STATION RELIABILITY REPORTING AND
 MAINTENANCE STANDARDS. 1. FOR PURPOSES OF THIS  SECTION,  THE  FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "CHARGING STATION" MEANS AN ELECTRICAL COMPONENT ASSEMBLY OR CLUS-
 TER  OF  COMPONENT  ASSEMBLIES DESIGNED SPECIFICALLY TO CHARGE BATTERIES
 WITHIN ELECTRIC VEHICLES BY PERMITTING THE TRANSFER OF ELECTRICAL ENERGY
 TO A BATTERY OR OTHER STORAGE DEVICE IN AN ELECTRIC VEHICLE;
   (B) "EXCLUDED TIME" MEANS  THE  TIME  NOT  INCLUDED  WHEN  CALCULATING
 UPTIME,  AS DETERMINED PURSUANT TO THE DETERMINATION MADE BY THE COMMIS-
 SION PURSUANT TO SUBDIVISION THREE OF THIS SECTION; AND
   (C) "UPTIME" MEANS THE TIME A CHARGING STATION'S HARDWARE AND SOFTWARE
 ARE BOTH OPERATIONAL AND THE CHARGING STATION IS  ABLE  TO  SUCCESSFULLY
 DISPENSE ELECTRICITY. "UPTIME" SHALL NOT INCLUDE EXCLUDED TIME.
   2.  BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-FOUR, AN ENTITY THAT IS
 RECEIVING AN INCENTIVE FUNDED BY A STATE AGENCY OR THROUGH A  CHARGE  ON
 RATEPAYERS  TO  INSTALL, OWN, OR OPERATE A CHARGING STATION, IN WHOLE OR
 IN PART, SHALL REPORT CHARGING STATION UPTIME  TO  THE  COMMISSION.  THE
 SERVICE PROVIDER SELECTED BY SUCH ENTITY TO PROVIDE ELECTRICITY FOR SUCH
 CHARGING  STATIONS  SHALL  PROVIDE THIS DATA ON BEHALF OF THE ENTITY AND
 WORK WITH THE STATION MANUFACTURER AND THE SITE HOST THROUGH  A  SERVICE
 LEVEL  AGREEMENT  TO  ENSURE  BOTH  SOFTWARE  AND  HARDWARE FAILURES ARE
 CAPTURED AND RESOLVED DURING THE REQUIRED REPORTING PERIOD. THE  SERVICE
 PROVIDER  MAY ALSO SELECT A DESIGNEE QUALIFIED IN THE ELECTRONICS OPERA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04265-01-3
              

 A. 1721                             2
 
 TION, MAINTENANCE, AND REPAIR OF CHARGING STATIONS TO PROVIDE THIS DATA.
 ENTITIES THAT RECEIVE FUNDING SHALL PROVIDE THIS INFORMATION FOR A MINI-
 MUM OF FIVE YEARS FROM THE DATE  ON  WHICH  THE  FUNDING  WAS  RECEIVED,
 UNLESS THE COMMISSION DETERMINES MORE TIME IS NEEDED TO COLLECT DATA.
   3.  THE  COMMISSION  SHALL  DEVELOP  A  FORMULA TO CALCULATE UPTIME TO
 PROVIDE CONSISTENT, STANDARDIZED REPORTING OF OVERALL  CHARGING  STATION
 UPTIME.    THE  COMMISSION  SHALL  DETERMINE  WHAT  EVENTS THAT RENDER A
 STATION INOPERABLE CONSTITUTE EXCLUDED TIME FOR PURPOSES  OF  DEVELOPING
 THE  FORMULA.  THE  COMMISSION SHALL DETERMINE WHO SHOULD BE ACCOUNTABLE
 FOR RESOLUTION OF DAMAGES UNDER EXCLUDED EVENTS, INCLUDING VANDALISM AND
 EXTREME WEATHER EVENTS. EXCLUDED EVENTS SHALL BE REPORTED TO THE COMMIS-
 SION SEPARATELY.
   4. BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR,  THE  COMMISSION
 SHALL ASSESS THE UPTIME OF PUBLIC- AND RATEPAYER-FUNDED CHARGING STATION
 INFRASTRUCTURE,  INCLUDING  WHETHER  THERE  ARE  DIFFERENCES IN CHARGING
 STATION UPTIME BY POPULATION DENSITY, GEOGRAPHICAL AREA,  OR  POPULATION
 INCOME  LEVEL.  THE  COMMISSION  SHALL  UPDATE THE ASSESSMENTS PERFORMED
 PURSUANT TO THIS SUBDIVISION  EVERY  TWO  YEARS.  THE  COMMISSION  SHALL
 PROTECT  CONFIDENTIAL  BUSINESS INFORMATION OF THE REPORTING PERSONS AND
 ENTITIES, INCLUDING BUT NOT LIMITED TO, ANONYMIZING AND AGGREGATING  THE
 UPTIME  DATA, TO ENSURE NO INDIVIDUAL UPTIME DATA IS IDENTIFIABLE IN ITS
 ASSESSMENTS AND REPORTS.
   5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE,  THE  COMMIS-
 SION  SHALL  DEVELOP MINIMUM INDUSTRY OPERATIONAL STANDARDS FOR THE LONG
 TERM MAINTENANCE, PRESERVATION, RELIABILITY, AND UPTIME REQUIREMENTS  OF
 PUBLICLY FUNDED ELECTRIC VEHICLE CHARGING EQUIPMENT. AN ENTITY RECEIVING
 PUBLIC  FUNDING  SHALL  OPERATE CHARGING STATIONS IN COMPLIANCE WITH THE
 STANDARDS DEVELOPED BY THE COMMISSION.
   6. ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE  COMMISSION
 SHALL  DEVELOP TOOLS OR INCENTIVES TO IMPROVE CHARGING STATION RELIABIL-
 ITY.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1721--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Energy -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  public service law, in relation to establishing
   electric vehicle charging station reliability reporting and standards

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-u to read as follows:
   § 66-U. ELECTRIC VEHICLE CHARGING STATION  RELIABILITY  REPORTING  AND
 MAINTENANCE  STANDARDS.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "UPTIME" MEANS AN ELECTRIC VEHICLE CHARGER'S HARDWARE AND SOFTWARE
 ARE BOTH OPERATIONAL  AND  THE  ELECTRIC  VEHICLE  CHARGER  SUCCESSFULLY
 DISPENSES ELECTRICITY;
   (B) "CHARGING STATION" MEANS AN ELECTRICAL COMPONENT ASSEMBLY OR CLUS-
 TER  OF  COMPONENT  ASSEMBLIES DESIGNED SPECIFICALLY TO CHARGE BATTERIES
 WITHIN ELECTRIC VEHICLES BY PERMITTING THE TRANSFER OF ELECTRICAL ENERGY
 TO A BATTERY OR OTHER STORAGE DEVICE IN AN ELECTRIC VEHICLE; AND
   (C) "EXCLUDED TIME" MEANS  THE  TIME  NOT  INCLUDED  WHEN  CALCULATING
 UPTIME,  AS DETERMINED PURSUANT TO THE DETERMINATION MADE BY THE COMMIS-
 SION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   2. THE COMMISSION SHALL DEVELOP RELIABILITY, RECORDKEEPING AND REPORT-
 ING STANDARDS FOR ELECTRIC VEHICLE CHARGERS  AND  CHARGING  STATIONS  BY
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, PROVIDED SUCH STANDARDS SHALL:
   (A)  ONLY  BE  APPLICABLE  TO  ELECTRIC  VEHICLE CHARGERS AND CHARGING
 STATIONS THAT RECEIVED AN INCENTIVE FUNDED BY (I)  THE  STATE,  OR  (II)
 THROUGH A CHARGE ON RATEPAYERS;
   (B)  APPLY TO SUCH ELECTRIC VEHICLE CHARGERS AND CHARGING STATIONS FOR
 A MINIMUM OF AT LEAST SIX YEARS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04265-02-3
 A. 1721--A                          2
              

 
   (C) FIRST APPLY TO ELECTRIC VEHICLE  CHARGERS  AND  CHARGING  STATIONS
 INSTALLED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
   3. THE COMMISSION SHALL CREATE A FORMULA TO CALCULATE UPTIME AND SHALL
 APPLY  IT  TO  EACH  ELECTRIC  VEHICLE  CHARGER  AND CHARGING STATION TO
 PROVIDE CONSISTENT, STANDARDIZED REPORTING OF INFORMATION ANNUALLY.
   4. THE COMMISSION SHALL DETERMINE WHAT EVENTS THAT  MAKE  AN  ELECTRIC
 VEHICLE  CHARGER  INOPERABLE  CONSTITUTE  EXCLUDED  TIME FOR PURPOSES OF
 DEVELOPING THE FORMULA CREATED IN SUBDIVISION THREE OF THIS SECTION. THE
 COMMISSION SHALL ONLY CONSIDER EVENTS THAT ARE OUTSIDE  OF  AN  ELECTRIC
 VEHICLE  CHARGER OPERATOR'S CONTROL FOR PURPOSES OF MAKING SUCH DETERMI-
 NATION WHICH MAY INCLUDE UPSTREAM ISSUES RELATED TO THE ELECTRICAL GRID,
 INTERNET AND CELLULAR CONNECTIVITY, AND VANDALISM, AS DETERMINED THROUGH
 A PROCESS FOR PUBLIC INPUT.
   5. THE COMMISSION SHALL DEVELOP MINIMUM INDUSTRY OPERATIONAL STANDARDS
 WHICH MAY VARY BY TECHNOLOGY TYPE,  POWER  LEVELS,  NUMBER  OF  ELECTRIC
 VEHICLE  CHARGERS  PER  SITE,  AND  SITE  OWNERSHIP. FACTORS MAY INCLUDE
 WHETHER ELECTRIC VEHICLE CHARGERS ARE NETWORKED, WHETHER ELECTRIC  VEHI-
 CLE CHARGERS ARE LEVEL 1 OR 2, DIRECT CURRENT FAST CHARGERS, AND WHETHER
 ELECTRIC  VEHICLE  CHARGERS  ARE  ALL  INCLUSIVE  MOBILE  SOLAR CHARGING
 STATIONS.
   6. BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX  AND  EVERY  TWO
 YEARS THEREAFTER, THE COMMISSION SHALL ASSESS THE UPTIME OF THE ELECTRIC
 VEHICLE  CHARGING  STATION  INFRASTRUCTURE,  INCLUDING  AT  MINIMUM,  AN
 ASSESSMENT OF EQUITABLE ACCESS TO RELIABLE CHARGING  STATIONS  IN  LOW-,
 MODERATE-, AND HIGH-INCOME COMMUNITIES. ANY DATA PUBLISHED OR MAINTAINED
 FOR  ANY  PUBLIC  FACING  PURPOSE BY THE COMMISSION SHALL BE AGGREGATED,
 ANONYMIZED, AND NOT COMPANY SPECIFIC.
   7. BEGINNING JANUARY FIRST,  TWO  THOUSAND  TWENTY-FIVE,  ALL  FUNDING
 RECIPIENTS  PARTICIPATING  IN  PROGRAMS  PRESCRIBED  IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION SHALL MAINTAIN A MINIMUM  SERVICE  LEVEL
 AGREEMENT  TO  REPAIR  AND MAINTAIN THE ELECTRIC VEHICLE CHARGING EQUIP-
 MENTS' HARDWARE AND SOFTWARE. TO REACH CONSISTENT RELIABILITY  AND  HIGH
 UPTIME,  A SERVICE LEVEL AGREEMENT SHALL BE IN EFFECT ONCE THE APPLICANT
 IS APPROVED. THE SERVICE LEVEL AGREEMENT SHALL BE IMPLEMENTED BEFORE THE
 CHARGER IS COMMISSIONED FOR  USE.  THE  SERVICE  LEVEL  AGREEMENT  SHALL
 REMAIN  IN  EFFECT FOR A MINIMUM OF SIX YEARS. THE COMMISSION MAY DETER-
 MINE IF MORE TIME SHALL BE REQUIRED.
   8. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  THE
 COMMISSION SHALL INCLUDE THESE REPORTING AND RELIABILITY REQUIREMENTS AS
 A  CONDITION OF RECEIVING STATE INCENTIVES FOR ELECTRIC VEHICLE CHARGERS
 AND CHARGING STATIONS.
   § 2. This act shall take effect immediately.