S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3780
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  JACKSON,  DICKENS, THIELE, SEAWRIGHT,
   BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,  L. ROSENTHAL,  OTIS,
   EPSTEIN,  DINOWITZ  --  read  once  and  referred  to the Committee on
   Governmental Operations
 
 AN ACT to amend the executive law, in  relation  to  requiring  electric
   vehicle charging stations and electric vehicle capable parking spaces
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by adding a new
 subdivision 17-a to read as follows:
   17-A. A. STANDARDS TO REQUIRE NEW CONSTRUCTION THAT INCLUDES DEDICATED
 OFF-STREET PARKING INVOLVING A GARAGE, DRIVEWAY, PARKING  LOT  OR  OTHER
 OFF-STREET PARKING, TO HAVE:
   (I)  ELECTRIC VEHICLE CHARGING STATIONS AS DEFINED IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION THREE  HUNDRED  THIRTY-NINE-LL  OF  THE  REAL
 PROPERTY LAW; AND
   (II) ELECTRIC VEHICLE CAPABLE PARKING SPACES, WHICH HAVE THE APPROPRI-
 ATE WIRING, ELECTRIC PANELS, AND THE APPROPRIATE SPACE TO INSTALL APPRO-
 PRIATE ELECTRIC SERVICE FOR AN ELECTRIC VEHICLE CHARGING STATION.
   B.  SUCH  STANDARDS  SHALL REQUIRE THAT THE NUMBER OF ELECTRIC VEHICLE
 CAPABLE PARKING SPACES PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  A  OF
 THIS SUBDIVISION SHALL BE AS FOLLOWS:
   (I)  A  ONE, TWO OR THREE-FAMILY HOME EQUIPPED WITH A GARAGE, DRIVEWAY
 OR PARKING LOT, OR OTHER OFF-STREET PARKING, SHALL  HAVE  AT  LEAST  ONE
 ELECTRIC  VEHICLE  CAPABLE  PARKING  SPACE.    FOR  THE PURPOSES OF THIS
 SUBPARAGRAPH, "NEW CONSTRUCTION" SHALL MEAN THE ERECTION OF AN  ENTIRELY
 NEW  STRUCTURE NOT ATTACHED OR AFFILIATED WITH ANY EXISTING CONSTRUCTION
 ON THE PROPERTY. "NEW CONSTRUCTION" SHALL NOT INCLUDE A NEW ADDITION  OR
 CAPITAL  IMPROVEMENT TO EXISTING CONSTRUCTION NOR SHALL IT CONSTITUTE AN
 ADDITION TO THE PROPERTY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-01-3
 A. 3780                             2
              

 
   (II) A MULTI-UNIT RESIDENTIAL BUILDING WITH BETWEEN TWO AND TEN  PARK-
 ING SPACES SHALL HAVE AT LEAST SEVENTY-FIVE PERCENT OF AVAILABLE PARKING
 SPACES  BE  ELECTRIC VEHICLE CAPABLE PARKING SPACES, WHICH SHALL INCLUDE
 AT LEAST TWENTY PERCENT OF AVAILABLE PARKING SPACES AS ELECTRIC  VEHICLE
 CHARGING  STATIONS.  IF  THERE  IS  A  DECIMAL IN THE CALCULATION OF THE
 PERCENTAGE OF PARKING SPACES, SUCH DECIMAL SHALL BE ROUNDED TO THE  NEXT
 LARGEST WHOLE NUMBER;
   (III)  A  MULTI-UNIT RESIDENTIAL BUILDING WITH AT LEAST ELEVEN PARKING
 SPACES SHALL HAVE ONE HUNDRED PERCENT OF  AVAILABLE  PARKING  SPACES  BE
 ELECTRIC  VEHICLE  CAPABLE  PARKING SPACES, WHICH SHALL INCLUDE AT LEAST
 FORTY PERCENT OF AVAILABLE PARKING SPACES AS ELECTRIC  VEHICLE  CHARGING
 STATIONS.  IF THERE IS A DECIMAL IN THE CALCULATION OF THE PERCENTAGE OF
 PARKING SPACES, SUCH DECIMAL SHALL BE ROUNDED TO THE NEXT LARGEST  WHOLE
 NUMBER;
   (IV)  A  PRIVATELY-OWNED  COMMERCIAL BUILDING WITH BETWEEN TWO AND TEN
 PARKING SPACES SHALL HAVE ONE HUNDRED PERCENT OF AVAILABLE PARKING SPAC-
 ES BE ELECTRIC VEHICLE CAPABLE PARKING SPACES, WHICH  SHALL  INCLUDE  AT
 LEAST  TWENTY  PERCENT  OF  AVAILABLE PARKING SPACES AS ELECTRIC VEHICLE
 CHARGING STATIONS WITH AT LEAST A 208-240 VOLT, 40 AMP CIRCUIT;
   (V) A PRIVATELY-OWNED COMMERCIAL BUILDING WITH AT LEAST ELEVEN PARKING
 SPACES SHALL HAVE ONE HUNDRED PERCENT OF  AVAILABLE  PARKING  SPACES  BE
 ELECTRIC  VEHICLE  CAPABLE  PARKING SPACES, WHICH SHALL INCLUDE AT LEAST
 FORTY PERCENT OF AVAILABLE PARKING SPACES AS ELECTRIC  VEHICLE  CHARGING
 STATIONS WITH AT LEAST A 208-240 VOLT, 40 AMP CIRCUIT; AND
   (VI) A PRIVATELY-OWNED COMMERCIAL BUILDING SUBJECT TO THE REQUIREMENTS
 OF  SUBPARAGRAPH  (IV) OR (V) OF THIS PARAGRAPH, THE INSTALLATION OF ONE
 400-900 VOLT DIRECT CURRENT FAST CHARGING STATION  SHALL  BE  CONSIDERED
 EQUIVALENT  TO FIVE REQUIRED ELECTRIC VEHICLE CHARGING STATIONS OF LOWER
 VOLTAGE.
   C. FOR THE PURPOSES OF THIS SUBDIVISION,  "PRIVATELY-OWNED  COMMERCIAL
 BUILDING"  SHALL  MEAN  ANY  NEWLY CONSTRUCTED COMMERCIAL BUILDING UNDER
 PRIVATE CONTRACT WHICH HAS NOT RECEIVED STATE CAPITAL FUNDING  FOR  SUCH
 CONSTRUCTION.
   D.  THE OWNER OF A BUILDING SUBJECT TO PARAGRAPH B OF THIS SUBDIVISION
 MAY APPLY TO THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY  FOR  A
 WAIVER OF THE REQUIREMENTS OF THIS SUBDIVISION, WHICH SUCH LOCAL DEPART-
 MENT  OF  BUILDINGS OR SIMILAR ENTITY MAY GRANT IF SUCH OWNER CAN DEMON-
 STRATE THAT THE PROVISIONS PRESENT AN UNDUE HARDSHIP DUE TO  LIMITATIONS
 OF  THE  LOCAL  UTILITY PROVIDER, OR THAT THE GEOGRAPHIC LOCATION OF THE
 SITE IS SUCH THAT COMPLIANCE WOULD RESULT IN A SIGNIFICANT BURDEN ON THE
 OWNER.
   § 2. This act shall take effect April  1,  2024  and  shall  apply  to
 contracts for new construction entered into on and after such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3780--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  JACKSON,  DICKENS, THIELE, SEAWRIGHT,
   BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,  L. ROSENTHAL,  OTIS,
   EPSTEIN, DINOWITZ, McDONALD -- read once and referred to the Committee
   on  Governmental  Operations  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to  amend  the  executive  law,  in  relation  to  requiring  new
   construction  that  includes  dedicated  off-street parking to provide
   electric vehicle charging stations and electric vehicle ready  parking
   spaces
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by adding a new
 subdivision 17-a to read as follows:
   17-A. A. STANDARDS TO REQUIRE NEW CONSTRUCTION THAT INCLUDES DEDICATED
 OFF-STREET PARKING INVOLVING A GARAGE, DRIVEWAY, PARKING  LOT  OR  OTHER
 OFF-STREET PARKING, TO HAVE:
   (I)  ELECTRIC VEHICLE CHARGING STATIONS AS DEFINED IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION THREE  HUNDRED  THIRTY-NINE-LL  OF  THE  REAL
 PROPERTY LAW; AND
   (II) ELECTRIC VEHICLE READY PARKING SPACES.
   B. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "ELECTRIC VEHICLE READY PARKING SPACE" SHALL MEAN A PARKING SPACE
 WITH A DEDICATED BRANCH CIRCUIT THAT IS  NOT  LESS  THAN  20-AMPERE  AND
 208/240-VOLT  AND  EQUIPPED  WITH  CIRCUIT  BREAKERS AND OTHER NECESSARY
 ELECTRICAL COMPONENTS, TERMINATING IN A RECEPTACLE, OR OUTLET, AS NECES-
 SARY TO ENABLE ELECTRIC VEHICLE CHARGING; PROVIDED THAT FOR TWO ADJACENT
 ELECTRIC VEHICLE READY PARKING SPACES, A SINGLE BRANCH CIRCUIT OF 40-AM-
 PERE OR GREATER IS PERMITTED;
   (II) "LEVEL 2 ELECTRIC VEHICLE CHARGING STATION" SHALL MEAN  AN  ELEC-
 TRIC VEHICLE CHARGING STATION THAT PROVIDES AN ALTERNATING CURRENT POWER
 SOURCE  AT  A  MINIMUM  OF 208/240 VOLTS AND 20-AMPERE. FOR TWO ADJACENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-10-3
              

 A. 3780--A                          2
 
 LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS, A SINGLE BRANCH  CIRCUIT  OF
 40-AMPERE OR GREATER IS PERMITTED;
   (III)    "NEW CONSTRUCTION" SHALL MEAN THE ERECTION OF AN ENTIRELY NEW
 STRUCTURE  NOT  ATTACHED  OR AFFILIATED WITH ANY  EXISTING  CONSTRUCTION
 ON  THE PROPERTY. "NEW CONSTRUCTION" SHALL NOT INCLUDE A NEW ADDITION OR
 CAPITAL IMPROVEMENT TO EXISTING CONSTRUCTION NOR  SHALL   IT  CONSTITUTE
 AN ADDITION TO THE PROPERTY;
   (IV)  "MIXED-USE BUILDING" SHALL MEAN A BUILDING OR STRUCTURE USED FOR
 BOTH RESIDENTIAL AND COMMERCIAL  PURPOSES;  PROVIDED  THAT  A  MIXED-USE
 BUILDING  SHALL BE CONSIDERED RESIDENTIAL IF FIFTY PER CENTUM OR LESS OF
 THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
 COMMERCIAL SPACE, COMMUNITY FACILITY,  OR  ACCESSORY  USE  SPACE  AND  A
 MIXED-USE BUILDING SHALL BE CONSIDERED COMMERCIAL IF MORE THAN FIFTY PER
 CENTUM  OF THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT
 FOR USE AS COMMERCIAL SPACE, COMMUNITY FACILITY, OR ACCESSORY USE SPACE;
   (V) "DIRECT CURRENT FAST CHARGING  STATION"  SHALL  MEAN  AN  ELECTRIC
 VEHICLE  CHARGING  STATION THAT IS CAPABLE OF PROVIDING A DIRECT CURRENT
 POWER SOURCE AT A MINIMUM OF 150 KILOWATTS; AND
   (VI) "ELECTRIC  VEHICLE   ENERGY   MANAGEMENT   SYSTEM" SHALL  MEAN  A
 SYSTEM TO CONTROL ELECTRIC VEHICLE CHARGING STATION LOADS COMPRISED OF A
 MONITOR  OR MONITORS, COMMUNICATIONS EQUIPMENT, A CONTROLLER OR CONTROL-
 LERS, A TIMER OR TIMERS AND OTHER APPLICABLE DEVICES.
   C. STANDARDS PROMULGATED PURSUANT TO THIS  SUBDIVISION  SHALL  REQUIRE
 THAT  THE  NUMBER  OF  ELECTRIC  VEHICLE CHARGING STATIONS, AND ELECTRIC
 VEHICLE READY PARKING SPACES PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL BE AS FOLLOWS:
   (I) A ONE, TWO OR THREE-FAMILY HOME EQUIPPED WITH A  GARAGE,  DRIVEWAY
 OR  PARKING  LOT,  OR  OTHER OFF-STREET PARKING, SHALL HAVE AT LEAST ONE
 ELECTRIC VEHICLE READY PARKING SPACE FOR EACH DWELLING UNIT  UP  TO  THE
 TOTAL NUMBER OF PARKING SPACES;
   (II)  A  MULTI-UNIT RESIDENTIAL BUILDING WITH OFF-STREET PARKING SHALL
 HAVE ONE HUNDRED PERCENT OF AVAILABLE PARKING SPACES BE AT  LEAST  ELEC-
 TRIC  VEHICLE  READY PARKING SPACES, WHICH SHALL INCLUDE AT LEAST TWENTY
 PERCENT OF AVAILABLE PARKING SPACES EQUIPPED WITH LEVEL 2 ELECTRIC VEHI-
 CLE CHARGING STATIONS.  IF THERE IS A DECIMAL IN THE CALCULATION OF  THE
 PERCENTAGE  OF PARKING SPACES, SUCH DECIMAL SHALL BE ROUNDED TO THE NEXT
 LARGEST WHOLE NUMBER GREATER THAN ZERO. FOR BUILDINGS WITH  INDIVIDUALLY
 METERED RESIDENTIAL UNITS AND PARKING SPACES SPECIFICALLY DESIGNATED FOR
 THE  USE  OF INDIVIDUAL UNITS, ELECTRIC VEHICLE READY PARKING SPACES AND
 LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS  INSTALLED  IN  SUCH  PARKING
 SPACES  SHALL BE WIRED TO THE INDIVIDUAL UNIT'S ELECTRICAL METER, UNLESS
 DEEMED INFEASIBLE BY THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY
 HAVING JURISDICTION;
   (III) A COMMERCIAL BUILDING WITH BETWEEN ONE AND  TEN  PARKING  SPACES
 SHALL  HAVE  AT LEAST ONE AVAILABLE PARKING SPACE BE AN ELECTRIC VEHICLE
 READY PARKING SPACE OR EQUIPPED WITH A LEVEL 2 ELECTRIC VEHICLE CHARGING
 STATION OR DIRECT CURRENT FAST CHARGING STATION;
   (IV) A COMMERCIAL BUILDING WITH ELEVEN OR MORE  PARKING  SPACES  SHALL
 HAVE  AT  LEAST  TWENTY  PERCENT OF AVAILABLE PARKING SPACES BE AT LEAST
 ELECTRIC VEHICLE READY PARKING SPACES, WHICH SHALL INCLUDE AT LEAST  TEN
 PERCENT OF AVAILABLE PARKING SPACES EQUIPPED WITH LEVEL 2 ELECTRIC VEHI-
 CLE CHARGING STATIONS OR DIRECT CURRENT FAST CHARGING STATIONS. IF THERE
 IS  A  DECIMAL  IN  THE CALCULATION OF THE PERCENTAGE OF PARKING SPACES,
 SUCH DECIMAL SHALL BE ROUNDED TO THE NEAREST WHOLE NUMBER  GREATER  THAN
 ZERO; AND
 A. 3780--A                          3
 
   (V)  FOR A COMMERCIAL BUILDING SUBJECT TO THE REQUIREMENTS OF SUBPARA-
 GRAPH (IV) OF THIS PARAGRAPH, THE INSTALLATION  OF  ONE  DIRECT  CURRENT
 FAST  CHARGING  STATION  SHALL  BE  CONSIDERED EQUIVALENT TO TEN LEVEL 2
 ELECTRIC VEHICLE CHARGING STATIONS OR  ELECTRIC  VEHICLE  READY  PARKING
 SPACES.
   D. REQUIREMENTS FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
 AND  ELECTRIC VEHICLE READY PARKING SPACES UNDER THIS SUBDIVISION MAY BE
 MET BY INSTALLING MULTIPLE ELECTRIC VEHICLE CHARGING STATIONS  OR  ELEC-
 TRIC  VEHICLE READY PARKING SPACES ON A SINGLE BRANCH CIRCUIT, WHEN USED
 IN CONJUNCTION WITH AN ELECTRIC  VEHICLE  ENERGY  MANAGEMENT  SYSTEM  TO
 CONTROL CHARGING STATION LOADS.
   E.  THE OWNER OF A BUILDING SUBJECT TO PARAGRAPH C OF THIS SUBDIVISION
 MAY APPLY TO THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY  FOR  A
 WAIVER OF THE REQUIREMENTS OF THIS SUBDIVISION, WHICH SUCH LOCAL DEPART-
 MENT  OF  BUILDINGS OR SIMILAR ENTITY MAY GRANT IF SUCH OWNER CAN DEMON-
 STRATE THAT THE PROVISIONS PRESENT AN UNDUE HARDSHIP DUE TO  LIMITATIONS
 OF  THE  LOCAL  UTILITY PROVIDER, OR THAT THE GEOGRAPHIC LOCATION OF THE
 SITE IS SUCH THAT COMPLIANCE WOULD RESULT IN A SIGNIFICANT BURDEN ON THE
 OWNER.
   F. STANDARDS PROMULGATED PURSUANT TO THIS  SUBDIVISION  SHALL  INCLUDE
 REQUIREMENTS  FOR  CLEAR AND PROMINENT SIGNAGE DENOTING THE AVAILABILITY
 AND LOCATION OF ELECTRIC VEHICLE READY PARKING SPACES AND ELECTRIC VEHI-
 CLE CHARGING STATIONS.
   G. NOTHING IN THIS  SUBDIVISION  SHALL  BE  INTERPRETED  OR  OTHERWISE
 CONSTRUED  AS  PREEMPTING A MUNICIPALITY FROM ADOPTING STANDARDS, CODES,
 RULES, OR REGULATIONS THAT ARE MORE STRICT THAN THOSE CONTAINED IN  THIS
 SUBDIVISION.
   §  2.  This  act  shall  take  effect April 1, 2024 and shall apply to
 contracts for new construction entered into on and after such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3780--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  JACKSON,  DICKENS, THIELE, SEAWRIGHT,
   BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,  L. ROSENTHAL,  OTIS,
   EPSTEIN, DINOWITZ, McDONALD -- read once and referred to the Committee
   on  Governmental  Operations  --  committee  discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to  amend  the  executive  law,  in  relation  to  requiring  new
   construction  that  includes  dedicated  off-street parking to provide
   electric vehicle charging stations and electric vehicle ready  parking
   spaces
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by adding a new
 subdivision 17-a to read as follows:
   17-A. A. STANDARDS TO REQUIRE NEW CONSTRUCTION THAT INCLUDES DEDICATED
 OFF-STREET PARKING INVOLVING A GARAGE, DRIVEWAY, PARKING  LOT  OR  OTHER
 OFF-STREET PARKING, TO HAVE:
   (I)  ELECTRIC VEHICLE CHARGING STATIONS AS DEFINED IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION THREE  HUNDRED  THIRTY-NINE-LL  OF  THE  REAL
 PROPERTY LAW; AND
   (II) ELECTRIC VEHICLE READY PARKING SPACES.
   B. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "ELECTRIC VEHICLE READY PARKING SPACE" SHALL MEAN A PARKING SPACE
 WITH A DEDICATED BRANCH CIRCUIT THAT IS NOT LESS THAN  208/240-VOLT  AND
 EQUIPPED  WITH  CIRCUIT  BREAKERS  AND OTHER NECESSARY ELECTRICAL COMPO-
 NENTS, TERMINATING IN A RECEPTACLE, OR OUTLET, AS  NECESSARY  TO  ENABLE
 ELECTRIC VEHICLE CHARGING;
   (II)  "LEVEL  2 ELECTRIC VEHICLE CHARGING STATION" SHALL MEAN AN ELEC-
 TRIC VEHICLE CHARGING STATION THAT PROVIDES AN ALTERNATING CURRENT POWER
 SOURCE AT A MINIMUM OF 208/240 VOLTS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-12-3
              

 A. 3780--B                          2
 
   (III)  "NEW CONSTRUCTION" SHALL MEAN THE ERECTION OF AN  ENTIRELY  NEW
 STRUCTURE   NOT   ATTACHED  OR AFFILIATED WITH ANY EXISTING CONSTRUCTION
 ON THE PROPERTY. "NEW CONSTRUCTION" SHALL NOT INCLUDE A NEW ADDITION  OR
 CAPITAL  IMPROVEMENT  TO EXISTING CONSTRUCTION NOR  SHALL  IT CONSTITUTE
 AN ADDITION TO THE PROPERTY;
   (IV)  "MIXED-USE BUILDING" SHALL MEAN A BUILDING OR STRUCTURE USED FOR
 BOTH RESIDENTIAL AND COMMERCIAL  PURPOSES;  PROVIDED  THAT  A  MIXED-USE
 BUILDING  SHALL BE CONSIDERED RESIDENTIAL IF FIFTY PER CENTUM OR LESS OF
 THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
 COMMERCIAL SPACE, COMMUNITY FACILITY,  OR  ACCESSORY  USE  SPACE  AND  A
 MIXED-USE BUILDING SHALL BE CONSIDERED COMMERCIAL IF MORE THAN FIFTY PER
 CENTUM  OF THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT
 FOR USE AS COMMERCIAL SPACE, COMMUNITY FACILITY, OR ACCESSORY USE SPACE;
   (V) "DIRECT CURRENT FAST CHARGING  STATION"  SHALL  MEAN  AN  ELECTRIC
 VEHICLE  CHARGING  STATION THAT IS CAPABLE OF PROVIDING A DIRECT CURRENT
 POWER SOURCE AT A MINIMUM OF 150 KILOWATTS;
   (VI) "ELECTRIC  VEHICLE   ENERGY   MANAGEMENT   SYSTEM" SHALL  MEAN  A
 SYSTEM TO CONTROL ELECTRIC VEHICLE CHARGING STATION LOADS COMPRISED OF A
 MONITOR  OR MONITORS, COMMUNICATIONS EQUIPMENT, A CONTROLLER OR CONTROL-
 LERS, A TIMER OR TIMERS AND OTHER APPLICABLE DEVICES; AND
   (VII)  "AUTOMOBILE  PARKING  LIFT"  SHALL  MEAN  A  MECHANICAL  DEVICE
 DESIGNED  TO  VERTICALLY  LIFT  AUTOMOBILES  AND  STORE THEM ON A MOBILE
 ELEVATED PLATFORM FOR THE PURPOSE OF PARKING.
   C. STANDARDS PROMULGATED PURSUANT TO THIS  SUBDIVISION  SHALL  REQUIRE
 THAT  THE  NUMBER  OF  ELECTRIC  VEHICLE CHARGING STATIONS, AND ELECTRIC
 VEHICLE READY PARKING SPACES PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL BE AS FOLLOWS:
   (I) A ONE, TWO OR THREE-FAMILY HOME EQUIPPED WITH A  GARAGE,  DRIVEWAY
 OR  PARKING  LOT,  OR  OTHER OFF-STREET PARKING, SHALL HAVE AT LEAST ONE
 ELECTRIC VEHICLE READY PARKING SPACE AT NOT LESS THAN 20-AMPERE FOR EACH
 DWELLING UNIT UP TO THE TOTAL NUMBER OF PARKING SPACES;
   (II) A MULTI-UNIT RESIDENTIAL BUILDING WITH OFF-STREET  PARKING  SHALL
 HAVE  ONE  HUNDRED PERCENT OF AVAILABLE PARKING SPACES BE AT LEAST ELEC-
 TRIC VEHICLE READY PARKING SPACES AT  NOT  LESS  THAN  20-AMPERE,  WHICH
 SHALL  INCLUDE  AT  LEAST  TWENTY  PERCENT  OF  AVAILABLE PARKING SPACES
 EQUIPPED WITH LEVEL 2 ELECTRIC VEHICLE CHARGING  STATIONS  AT  NOT  LESS
 THAN  20-AMPERE.    IF  THERE  IS  A  DECIMAL  IN THE CALCULATION OF THE
 PERCENTAGE OF PARKING SPACES, SUCH DECIMAL SHALL BE ROUNDED TO THE  NEXT
 LARGEST  WHOLE NUMBER GREATER THAN ZERO. FOR TWO ADJACENT ELECTRIC VEHI-
 CLE READY PARKING SPACES OR LEVEL 2 ELECTRIC VEHICLE  CHARGING  STATIONS
 REQUIRED  BY THIS SUBPARAGRAPH, A SINGLE BRANCH CIRCUIT OF NOT LESS THAN
 40-AMPERE SHALL BE PERMITTED. FOR BUILDINGS  WITH  INDIVIDUALLY  METERED
 RESIDENTIAL UNITS AND PARKING SPACES SPECIFICALLY DESIGNATED FOR THE USE
 OF  INDIVIDUAL  UNITS, ELECTRIC VEHICLE READY PARKING SPACES AND LEVEL 2
 ELECTRIC VEHICLE CHARGING STATIONS  INSTALLED  IN  SUCH  PARKING  SPACES
 SHALL  BE WIRED TO THE INDIVIDUAL UNIT'S ELECTRICAL METER, UNLESS DEEMED
 INFEASIBLE BY THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY HAVING
 JURISDICTION;
   (III) A COMMERCIAL BUILDING WITH BETWEEN ONE AND  TEN  PARKING  SPACES
 SHALL  HAVE  AT LEAST ONE AVAILABLE PARKING SPACE BE AN ELECTRIC VEHICLE
 READY PARKING SPACE AT NOT LESS THAN 40-AMPERE OR EQUIPPED WITH A  LEVEL
 2 ELECTRIC VEHICLE CHARGING STATION AT NOT LESS THAN 40-AMPERE OR DIRECT
 CURRENT FAST CHARGING STATION;
   (IV)  A  COMMERCIAL  BUILDING WITH ELEVEN OR MORE PARKING SPACES SHALL
 HAVE AT LEAST TWENTY PERCENT OF AVAILABLE PARKING  SPACES  BE  AT  LEAST
 ELECTRIC  VEHICLE READY PARKING SPACES AT NOT LESS THAN 40-AMPERE, WHICH
 A. 3780--B                          3
 
 SHALL INCLUDE AT LEAST TEN PERCENT OF AVAILABLE PARKING SPACES  EQUIPPED
 WITH  LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS AT NOT LESS THAN 40-AM-
 PERE OR DIRECT CURRENT FAST CHARGING STATIONS. IF THERE IS A DECIMAL  IN
 THE  CALCULATION OF THE PERCENTAGE OF PARKING SPACES, SUCH DECIMAL SHALL
 BE ROUNDED TO THE NEAREST WHOLE NUMBER GREATER THAN  ZERO.    FOR  EVERY
 ADDITIONAL  ELECTRIC  VEHICLE  READY  PARKING  SPACE OR LEVEL 2 ELECTRIC
 VEHICLE CHARGING STATION BEYOND THE NUMBER  REQUIRED  BY  THIS  SUBPARA-
 GRAPH,  TWO  ELECTRIC  VEHICLE  READY PARKING SPACES OR LEVEL 2 ELECTRIC
 VEHICLE CHARGING STATIONS REQUIRED BY THIS SUBPARAGRAPH MAY BE SERVED BY
 A SINGLE BRANCH CIRCUIT OF NOT LESS THAN 40-AMPERE;
   (V) FOR A COMMERCIAL BUILDING SUBJECT TO THE REQUIREMENTS OF  SUBPARA-
 GRAPH  (IV)  OF  THIS  PARAGRAPH, THE INSTALLATION OF ONE DIRECT CURRENT
 FAST CHARGING STATION SHALL BE CONSIDERED  EQUIVALENT  TO  TEN  LEVEL  2
 ELECTRIC  VEHICLE  CHARGING  STATIONS  OR ELECTRIC VEHICLE READY PARKING
 SPACES; AND
   (VI) FOR A BUILDING SUBJECT TO SUBPARAGRAPHS (II)  AND  (IV)  OF  THIS
 PARAGRAPH  THAT INCLUDES AN AUTOMOBILE PARKING LIFT, THE NUMBER OF PARK-
 ING SPACES USED TO DETERMINE THE NUMBER  OF  REQUIRED  ELECTRIC  VEHICLE
 READY  PARKING  SPACES  AND  LEVEL  2 ELECTRIC VEHICLE CHARGING STATIONS
 SHALL EQUAL THE TOTAL NUMBER OF  PARKING  SPACES  MINUS  THE  NUMBER  OF
 ELEVATED PARKING SPACES CONTAINED IN THE AUTOMOBILE PARKING LIFT.
   D. REQUIREMENTS FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
 AND  ELECTRIC VEHICLE READY PARKING SPACES UNDER THIS SUBDIVISION MAY BE
 MET BY INSTALLING MULTIPLE ELECTRIC VEHICLE CHARGING STATIONS  OR  ELEC-
 TRIC  VEHICLE READY PARKING SPACES ON A SINGLE BRANCH CIRCUIT, WHEN USED
 IN CONJUNCTION WITH AN ELECTRIC  VEHICLE  ENERGY  MANAGEMENT  SYSTEM  TO
 CONTROL CHARGING STATION LOADS.
   E.  THE OWNER OF A BUILDING SUBJECT TO PARAGRAPH C OF THIS SUBDIVISION
 MAY APPLY TO THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY  FOR  A
 WAIVER OF THE REQUIREMENTS OF THIS SUBDIVISION, WHICH SUCH LOCAL DEPART-
 MENT  OF  BUILDINGS OR SIMILAR ENTITY MAY GRANT IF SUCH OWNER CAN DEMON-
 STRATE THAT THE PROVISIONS PRESENT AN UNDUE HARDSHIP DUE TO  LIMITATIONS
 OF  THE  LOCAL  UTILITY PROVIDER, OR THAT THE GEOGRAPHIC LOCATION OF THE
 SITE IS SUCH THAT COMPLIANCE WOULD RESULT IN A SIGNIFICANT BURDEN ON THE
 OWNER.
   F. STANDARDS PROMULGATED PURSUANT TO THIS  SUBDIVISION  SHALL  INCLUDE
 REQUIREMENTS  FOR  CLEAR AND PROMINENT SIGNAGE DENOTING THE AVAILABILITY
 AND LOCATION OF ELECTRIC VEHICLE READY PARKING SPACES AND ELECTRIC VEHI-
 CLE CHARGING STATIONS.
   G. NOTHING IN THIS  SUBDIVISION  SHALL  BE  INTERPRETED  OR  OTHERWISE
 CONSTRUED  AS  PREEMPTING A MUNICIPALITY FROM ADOPTING STANDARDS, CODES,
 RULES, OR REGULATIONS THAT ARE MORE STRICT THAN THOSE CONTAINED IN  THIS
 SUBDIVISION.
   §  2.  This  act  shall  take  effect April 1, 2024 and shall apply to
 contracts for new construction entered into on and after such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3780--D
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  JACKSON,  DICKENS, THIELE, SEAWRIGHT,
   BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,  L. ROSENTHAL,  OTIS,
   EPSTEIN,  DINOWITZ,  McDONALD,  SIMONE,  RAGA, PAULIN -- read once and
   referred to the Committee  on  Governmental  Operations  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Codes in accordance with Assem-
   bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  executive  law,  in  relation  to requiring new
   construction that includes dedicated  off-street  parking  to  provide
   electric  vehicle charging stations and electric vehicle ready parking
   spaces
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 378 of the executive law is amended by adding a new
 subdivision 17-a to read as follows:
   17-A. A. STANDARDS TO REQUIRE NEW CONSTRUCTION THAT INCLUDES DEDICATED
 OFF-STREET  PARKING  INVOLVING  A GARAGE, DRIVEWAY, PARKING LOT OR OTHER
 OFF-STREET PARKING, TO HAVE:
   (I) ELECTRIC VEHICLE CHARGING STATIONS AS DEFINED IN PARAGRAPH (B)  OF
 SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED THIRTY-NINE-LL OF THE REAL
 PROPERTY LAW; AND
   (II) ELECTRIC VEHICLE READY PARKING SPACES.
   B. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "ELECTRIC VEHICLE READY PARKING SPACE" SHALL MEAN A PARKING  SPACE
 WITH  A  DEDICATED BRANCH CIRCUIT THAT IS NOT LESS THAN 208/240-VOLT AND
 EQUIPPED WITH CIRCUIT BREAKERS AND  OTHER  NECESSARY  ELECTRICAL  COMPO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-16-4
              

 A. 3780--D                          2
 
 NENTS,  TERMINATING  IN  A RECEPTACLE, OR OUTLET, AS NECESSARY TO ENABLE
 ELECTRIC VEHICLE CHARGING;
   (II)  "LEVEL  2 ELECTRIC VEHICLE CHARGING STATION" SHALL MEAN AN ELEC-
 TRIC VEHICLE CHARGING STATION THAT PROVIDES AN ALTERNATING CURRENT POWER
 SOURCE AT A MINIMUM OF 208/240 VOLTS;
   (III)  "NEW CONSTRUCTION" SHALL MEAN THE ERECTION OF AN  ENTIRELY  NEW
 STRUCTURE   NOT   ATTACHED  OR AFFILIATED WITH ANY EXISTING CONSTRUCTION
 ON THE PROPERTY. "NEW CONSTRUCTION" SHALL NOT INCLUDE A NEW ADDITION  OR
 CAPITAL  IMPROVEMENT  TO EXISTING CONSTRUCTION NOR  SHALL  IT CONSTITUTE
 AN ADDITION TO THE PROPERTY;
   (IV) "MIXED-USE BUILDING" SHALL MEAN A BUILDING OR STRUCTURE USED  FOR
 BOTH  RESIDENTIAL  AND  COMMERCIAL  PURPOSES;  PROVIDED THAT A MIXED-USE
 BUILDING SHALL BE CONSIDERED RESIDENTIAL IF FIFTY PER CENTUM OR LESS  OF
 THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
 COMMERCIAL  SPACE,  COMMUNITY  FACILITY,  OR  ACCESSORY  USE SPACE AND A
 MIXED-USE BUILDING SHALL BE CONSIDERED COMMERCIAL IF MORE THAN FIFTY PER
 CENTUM OF THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD  OUT
 FOR USE AS COMMERCIAL SPACE, COMMUNITY FACILITY, OR ACCESSORY USE SPACE;
   (V)  "DIRECT  CURRENT  FAST  CHARGING  STATION" SHALL MEAN AN ELECTRIC
 VEHICLE CHARGING STATION THAT IS CAPABLE OF PROVIDING A  DIRECT  CURRENT
 POWER SOURCE AT A MINIMUM OF 150 KILOWATTS;
   (VI)  "ELECTRIC   VEHICLE   ENERGY   MANAGEMENT   SYSTEM" SHALL MEAN A
 SYSTEM TO CONTROL ELECTRIC VEHICLE CHARGING STATION LOADS COMPRISED OF A
 MONITOR OR MONITORS, COMMUNICATIONS EQUIPMENT, A CONTROLLER OR  CONTROL-
 LERS, A TIMER OR TIMERS AND OTHER APPLICABLE DEVICES; AND
   (VII)  "AUTOMOBILE  PARKING  LIFT"  SHALL  MEAN  A  MECHANICAL  DEVICE
 DESIGNED TO VERTICALLY LIFT AUTOMOBILES  AND  STORE  THEM  ON  A  MOBILE
 ELEVATED PLATFORM FOR THE PURPOSE OF PARKING.
   C.  STANDARDS  PROMULGATED  PURSUANT TO THIS SUBDIVISION SHALL REQUIRE
 THAT THE NUMBER OF ELECTRIC  VEHICLE  CHARGING  STATIONS,  AND  ELECTRIC
 VEHICLE READY PARKING SPACES PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL BE AS FOLLOWS:
   (I)  A  ONE, TWO OR THREE-FAMILY HOME EQUIPPED WITH A GARAGE, DRIVEWAY
 OR PARKING LOT, OR OTHER OFF-STREET PARKING, SHALL  HAVE  AT  LEAST  ONE
 ELECTRIC VEHICLE READY PARKING SPACE AT NOT LESS THAN 20-AMPERE FOR EACH
 DWELLING UNIT UP TO THE TOTAL NUMBER OF PARKING SPACES;
   (II)  A  MULTI-UNIT RESIDENTIAL BUILDING WITH OFF-STREET PARKING SHALL
 HAVE ONE HUNDRED PERCENT OF AVAILABLE PARKING SPACES BE AT  LEAST  ELEC-
 TRIC  VEHICLE  READY  PARKING  SPACES  AT NOT LESS THAN 20-AMPERE, WHICH
 SHALL INCLUDE AT  LEAST  TWENTY  PERCENT  OF  AVAILABLE  PARKING  SPACES
 EQUIPPED  WITH  LEVEL  2  ELECTRIC VEHICLE CHARGING STATIONS AT NOT LESS
 THAN 20-AMPERE.   IF THERE IS  A  DECIMAL  IN  THE  CALCULATION  OF  THE
 PERCENTAGE  OF PARKING SPACES, SUCH DECIMAL SHALL BE ROUNDED TO THE NEXT
 LARGEST WHOLE NUMBER GREATER THAN ZERO. FOR TWO ADJACENT ELECTRIC  VEHI-
 CLE  READY  PARKING SPACES OR LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS
 REQUIRED BY THIS SUBPARAGRAPH, A SINGLE BRANCH CIRCUIT OF NOT LESS  THAN
 40-AMPERE  SHALL  BE  PERMITTED. FOR BUILDINGS WITH INDIVIDUALLY METERED
 RESIDENTIAL UNITS AND PARKING SPACES SPECIFICALLY DESIGNATED FOR THE USE
 OF INDIVIDUAL UNITS, ELECTRIC VEHICLE READY PARKING SPACES AND  LEVEL  2
 ELECTRIC  VEHICLE  CHARGING  STATIONS  INSTALLED  IN SUCH PARKING SPACES
 SHALL BE WIRED TO THE INDIVIDUAL UNIT'S ELECTRICAL METER, UNLESS  DEEMED
 INFEASIBLE BY THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY HAVING
 JURISDICTION;
   (III)  A  COMMERCIAL  BUILDING WITH BETWEEN ONE AND TEN PARKING SPACES
 SHALL HAVE AT LEAST ONE AVAILABLE PARKING SPACE BE AN  ELECTRIC  VEHICLE
 READY  PARKING SPACE AT NOT LESS THAN 40-AMPERE OR EQUIPPED WITH A LEVEL
 A. 3780--D                          3
 
 2 ELECTRIC VEHICLE CHARGING STATION AT NOT LESS THAN 40-AMPERE OR DIRECT
 CURRENT FAST CHARGING STATION;
   (IV)  A  COMMERCIAL  BUILDING WITH ELEVEN OR MORE PARKING SPACES SHALL
 HAVE AT LEAST TWENTY PERCENT OF AVAILABLE PARKING  SPACES  BE  AT  LEAST
 ELECTRIC  VEHICLE READY PARKING SPACES AT NOT LESS THAN 40-AMPERE, WHICH
 SHALL INCLUDE AT LEAST TEN PERCENT OF AVAILABLE PARKING SPACES  EQUIPPED
 WITH  LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS AT NOT LESS THAN 40-AM-
 PERE OR DIRECT CURRENT FAST CHARGING STATIONS. IF THERE IS A DECIMAL  IN
 THE  CALCULATION OF THE PERCENTAGE OF PARKING SPACES, SUCH DECIMAL SHALL
 BE ROUNDED TO THE NEAREST WHOLE NUMBER GREATER THAN  ZERO.    FOR  EVERY
 ADDITIONAL  ELECTRIC  VEHICLE  READY  PARKING  SPACE OR LEVEL 2 ELECTRIC
 VEHICLE CHARGING STATION BEYOND THE NUMBER  REQUIRED  BY  THIS  SUBPARA-
 GRAPH,  TWO  ELECTRIC  VEHICLE  READY PARKING SPACES OR LEVEL 2 ELECTRIC
 VEHICLE CHARGING STATIONS REQUIRED BY THIS SUBPARAGRAPH MAY BE SERVED BY
 A SINGLE BRANCH CIRCUIT OF NOT LESS THAN 40-AMPERE;
   (V) FOR A COMMERCIAL BUILDING SUBJECT TO THE REQUIREMENTS OF  SUBPARA-
 GRAPH  (IV)  OF  THIS  PARAGRAPH, THE INSTALLATION OF ONE DIRECT CURRENT
 FAST CHARGING STATION SHALL BE CONSIDERED  EQUIVALENT  TO  TEN  LEVEL  2
 ELECTRIC  VEHICLE  CHARGING  STATIONS  OR ELECTRIC VEHICLE READY PARKING
 SPACES; AND
   (VI) FOR A BUILDING SUBJECT TO SUBPARAGRAPHS (II)  AND  (IV)  OF  THIS
 PARAGRAPH  THAT INCLUDES AN AUTOMOBILE PARKING LIFT, THE NUMBER OF PARK-
 ING SPACES USED TO DETERMINE THE NUMBER  OF  REQUIRED  ELECTRIC  VEHICLE
 READY  PARKING  SPACES  AND  LEVEL  2 ELECTRIC VEHICLE CHARGING STATIONS
 SHALL EQUAL THE TOTAL NUMBER OF  PARKING  SPACES  MINUS  THE  NUMBER  OF
 ELEVATED PARKING SPACES CONTAINED IN THE AUTOMOBILE PARKING LIFT.
   D. REQUIREMENTS FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
 AND  ELECTRIC VEHICLE READY PARKING SPACES UNDER THIS SUBDIVISION MAY BE
 MET BY INSTALLING MULTIPLE ELECTRIC VEHICLE CHARGING STATIONS  OR  ELEC-
 TRIC  VEHICLE READY PARKING SPACES ON A SINGLE BRANCH CIRCUIT, WHEN USED
 IN CONJUNCTION WITH AN ELECTRIC  VEHICLE  ENERGY  MANAGEMENT  SYSTEM  TO
 CONTROL CHARGING STATION LOADS.
   E.  THE OWNER OF A BUILDING SUBJECT TO PARAGRAPH C OF THIS SUBDIVISION
 MAY APPLY TO THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY  FOR  A
 WAIVER OF THE REQUIREMENTS OF THIS SUBDIVISION, WHICH SUCH LOCAL DEPART-
 MENT  OF  BUILDINGS OR SIMILAR ENTITY MAY GRANT IF SUCH OWNER CAN DEMON-
 STRATE THAT THE PROVISIONS PRESENT AN UNDUE HARDSHIP DUE TO  LIMITATIONS
 OF  THE  LOCAL  UTILITY PROVIDER, OR THAT THE GEOGRAPHIC LOCATION OF THE
 SITE IS SUCH THAT COMPLIANCE WOULD RESULT IN A SIGNIFICANT BURDEN ON THE
 OWNER.
   F. THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY TO ONE HUNDRED
 PERCENT AFFORDABLE HOUSING. FOR THE PURPOSES OF  THIS  SUBDIVISION,  THE
 TERM  "ONE  HUNDRED  PERCENT AFFORDABLE HOUSING" SHALL MEAN A MULTI-UNIT
 RESIDENTIAL BUILDING IN WHICH ONE HUNDRED PERCENT OF DWELLING UNITS  ARE
 REQUIRED,  PURSUANT TO A FEDERAL, STATE, OR LOCAL LAW, RULE, OR PROGRAM,
 TO BE AFFORDABLE FOR TENANTS OR OWNERS WHERE  THE  OCCUPANT'S  HOUSEHOLD
 INCOME  RELATIVE  TO  THE  AREA  MEDIAN  INCOME  DOES NOT EXCEED A FIXED
 PERCENTAGE OR PERCENTAGES, AND THAT IS SUBJECT TO AN  ACTUAL  OR  ANTIC-
 IPATED AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY FOR
 THE  PURPOSES  OF  PROVIDING  AFFORDABLE  HOUSING IN A GIVEN LOCALITY OR
 REGION.
   G. STANDARDS PROMULGATED PURSUANT TO THIS  SUBDIVISION  SHALL  INCLUDE
 REQUIREMENTS  FOR  CLEAR AND PROMINENT SIGNAGE DENOTING THE AVAILABILITY
 AND LOCATION OF ELECTRIC VEHICLE READY PARKING SPACES AND ELECTRIC VEHI-
 CLE CHARGING STATIONS.
 A. 3780--D                          4
 
   H. NOTHING IN THIS  SUBDIVISION  SHALL  BE  INTERPRETED  OR  OTHERWISE
 CONSTRUED  AS  PREEMPTING A MUNICIPALITY FROM ADOPTING STANDARDS, CODES,
 RULES, OR REGULATIONS THAT ARE MORE STRICT THAN THOSE CONTAINED IN  THIS
 SUBDIVISION.
   §  2.  This  act  shall  take  effect April 1, 2025 and shall apply to
 contracts for new construction entered into on and after such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3780--E
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  JACKSON,  DICKENS, THIELE, SEAWRIGHT,
   BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,  L. ROSENTHAL,  OTIS,
   EPSTEIN,  DINOWITZ,  McDONALD,  SIMONE,  RAGA, PAULIN -- read once and
   referred to the Committee  on  Governmental  Operations  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Codes in accordance with Assem-
   bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to  amend  the  executive  law,  in  relation  to  requiring  new
   construction  that  includes  dedicated  off-street parking to provide
   electric vehicle charging stations and electric vehicle ready  parking
   spaces
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by adding a new
 subdivision 17-a to read as follows:
   17-A. A. STANDARDS TO REQUIRE NEW CONSTRUCTION THAT INCLUDES DEDICATED
 OFF-STREET PARKING INVOLVING A GARAGE, DRIVEWAY, PARKING  LOT  OR  OTHER
 OFF-STREET PARKING, TO HAVE:
   (I)  ELECTRIC VEHICLE CHARGING STATIONS AS DEFINED IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION THREE  HUNDRED  THIRTY-NINE-LL  OF  THE  REAL
 PROPERTY LAW; AND
   (II) ELECTRIC VEHICLE READY PARKING SPACES.
   B. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "ELECTRIC VEHICLE READY PARKING SPACE" SHALL MEAN A PARKING SPACE
 WITH A DEDICATED BRANCH CIRCUIT THAT IS NOT LESS THAN  208/240-VOLT  AND
 EQUIPPED  WITH  CIRCUIT  BREAKERS  AND OTHER NECESSARY ELECTRICAL COMPO-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-17-4
 A. 3780--E                          2
 
 NENTS, TERMINATING IN A RECEPTACLE, OR OUTLET, AS  NECESSARY  TO  ENABLE
 ELECTRIC VEHICLE CHARGING;
   (II)  "LEVEL  2 ELECTRIC VEHICLE CHARGING STATION" SHALL MEAN AN ELEC-
 TRIC VEHICLE CHARGING STATION THAT PROVIDES AN ALTERNATING CURRENT POWER
 SOURCE AT A MINIMUM OF 208/240 VOLTS;
   (III)  "NEW CONSTRUCTION" SHALL MEAN THE ERECTION OF AN  ENTIRELY  NEW
 STRUCTURE   NOT   ATTACHED  OR AFFILIATED WITH ANY EXISTING CONSTRUCTION
 ON THE PROPERTY. "NEW CONSTRUCTION" SHALL NOT INCLUDE A NEW ADDITION  OR
 CAPITAL  IMPROVEMENT  TO EXISTING CONSTRUCTION NOR  SHALL  IT CONSTITUTE
 AN ADDITION TO THE PROPERTY;
   (IV) "MIXED-USE BUILDING" SHALL MEAN A BUILDING OR STRUCTURE USED  FOR
 BOTH  RESIDENTIAL  AND  COMMERCIAL  PURPOSES;  PROVIDED THAT A MIXED-USE
 BUILDING SHALL BE CONSIDERED RESIDENTIAL IF FIFTY PER CENTUM OR LESS  OF
 THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
 COMMERCIAL  SPACE,  COMMUNITY  FACILITY,  OR  ACCESSORY  USE SPACE AND A
 MIXED-USE BUILDING SHALL BE CONSIDERED COMMERCIAL IF MORE THAN FIFTY PER
 CENTUM OF THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD  OUT
 FOR USE AS COMMERCIAL SPACE, COMMUNITY FACILITY, OR ACCESSORY USE SPACE;
   (V)  "DIRECT  CURRENT  FAST  CHARGING  STATION" SHALL MEAN AN ELECTRIC
 VEHICLE CHARGING STATION THAT IS CAPABLE OF PROVIDING A  DIRECT  CURRENT
 POWER SOURCE AT A MINIMUM OF 150 KILOWATTS;
   (VI)  "ELECTRIC   VEHICLE   ENERGY   MANAGEMENT   SYSTEM" SHALL MEAN A
 SYSTEM TO CONTROL ELECTRIC VEHICLE CHARGING STATION LOADS COMPRISED OF A
 MONITOR OR MONITORS, COMMUNICATIONS EQUIPMENT, A CONTROLLER OR  CONTROL-
 LERS, A TIMER OR TIMERS AND OTHER APPLICABLE DEVICES; AND
   (VII)  "AUTOMOBILE  PARKING  LIFT"  SHALL  MEAN  A  MECHANICAL  DEVICE
 DESIGNED TO VERTICALLY LIFT AUTOMOBILES  AND  STORE  THEM  ON  A  MOBILE
 ELEVATED PLATFORM FOR THE PURPOSE OF PARKING.
   C.  STANDARDS  PROMULGATED  PURSUANT TO THIS SUBDIVISION SHALL REQUIRE
 THAT THE NUMBER OF ELECTRIC  VEHICLE  CHARGING  STATIONS,  AND  ELECTRIC
 VEHICLE READY PARKING SPACES PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL BE AS FOLLOWS:
   (I)  A  ONE, TWO OR THREE-FAMILY HOME EQUIPPED WITH A GARAGE, DRIVEWAY
 OR PARKING LOT, OR OTHER OFF-STREET PARKING, SHALL  HAVE  AT  LEAST  ONE
 ELECTRIC VEHICLE READY PARKING SPACE AT NOT LESS THAN 20-AMPERE FOR EACH
 DWELLING UNIT UP TO THE TOTAL NUMBER OF PARKING SPACES;
   (II)  A  MULTI-UNIT RESIDENTIAL BUILDING WITH OFF-STREET PARKING SHALL
 HAVE ONE HUNDRED PERCENT OF AVAILABLE PARKING SPACES BE AT  LEAST  ELEC-
 TRIC  VEHICLE  READY  PARKING  SPACES  AT NOT LESS THAN 20-AMPERE, WHICH
 SHALL INCLUDE AT  LEAST  TWENTY  PERCENT  OF  AVAILABLE  PARKING  SPACES
 EQUIPPED  WITH  LEVEL  2  ELECTRIC VEHICLE CHARGING STATIONS AT NOT LESS
 THAN 20-AMPERE.   IF THERE IS  A  DECIMAL  IN  THE  CALCULATION  OF  THE
 PERCENTAGE  OF PARKING SPACES, SUCH DECIMAL SHALL BE ROUNDED TO THE NEXT
 LARGEST WHOLE NUMBER GREATER THAN ZERO. FOR TWO ADJACENT ELECTRIC  VEHI-
 CLE  READY  PARKING SPACES OR LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS
 REQUIRED BY THIS SUBPARAGRAPH, A SINGLE BRANCH CIRCUIT OF NOT LESS  THAN
 40-AMPERE  SHALL  BE  PERMITTED. FOR BUILDINGS WITH INDIVIDUALLY METERED
 RESIDENTIAL UNITS AND PARKING SPACES SPECIFICALLY DESIGNATED FOR THE USE
 OF INDIVIDUAL UNITS, ELECTRIC VEHICLE READY PARKING SPACES AND  LEVEL  2
 ELECTRIC  VEHICLE  CHARGING  STATIONS  INSTALLED  IN SUCH PARKING SPACES
 SHALL BE WIRED TO THE INDIVIDUAL UNIT'S ELECTRICAL METER, UNLESS  DEEMED
 INFEASIBLE BY THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY HAVING
 JURISDICTION;
   (III)  A  COMMERCIAL  BUILDING WITH BETWEEN ONE AND TEN PARKING SPACES
 SHALL HAVE AT LEAST ONE AVAILABLE PARKING SPACE BE AN  ELECTRIC  VEHICLE
 READY  PARKING SPACE AT NOT LESS THAN 40-AMPERE OR EQUIPPED WITH A LEVEL
 A. 3780--E                          3
 
 2 ELECTRIC VEHICLE CHARGING STATION AT NOT LESS THAN 40-AMPERE OR DIRECT
 CURRENT FAST CHARGING STATION;
   (IV)  A  COMMERCIAL  BUILDING WITH ELEVEN OR MORE PARKING SPACES SHALL
 HAVE AT LEAST TWENTY PERCENT OF AVAILABLE PARKING  SPACES  BE  AT  LEAST
 ELECTRIC  VEHICLE READY PARKING SPACES AT NOT LESS THAN 40-AMPERE, WHICH
 SHALL INCLUDE AT LEAST TEN PERCENT OF AVAILABLE PARKING SPACES  EQUIPPED
 WITH  LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS AT NOT LESS THAN 40-AM-
 PERE OR DIRECT CURRENT FAST CHARGING STATIONS. IF THERE IS A DECIMAL  IN
 THE  CALCULATION OF THE PERCENTAGE OF PARKING SPACES, SUCH DECIMAL SHALL
 BE ROUNDED TO THE NEAREST WHOLE NUMBER GREATER THAN  ZERO.    FOR  EVERY
 ADDITIONAL  ELECTRIC  VEHICLE  READY  PARKING  SPACE OR LEVEL 2 ELECTRIC
 VEHICLE CHARGING STATION BEYOND THE NUMBER  REQUIRED  BY  THIS  SUBPARA-
 GRAPH,  TWO  ELECTRIC  VEHICLE  READY PARKING SPACES OR LEVEL 2 ELECTRIC
 VEHICLE CHARGING STATIONS REQUIRED BY THIS SUBPARAGRAPH MAY BE SERVED BY
 A SINGLE BRANCH CIRCUIT OF NOT LESS THAN 40-AMPERE;
   (V) FOR A COMMERCIAL BUILDING SUBJECT TO THE REQUIREMENTS OF  SUBPARA-
 GRAPH  (IV)  OF  THIS  PARAGRAPH, THE INSTALLATION OF ONE DIRECT CURRENT
 FAST CHARGING STATION SHALL BE CONSIDERED  EQUIVALENT  TO  TEN  LEVEL  2
 ELECTRIC  VEHICLE  CHARGING  STATIONS  OR ELECTRIC VEHICLE READY PARKING
 SPACES; AND
   (VI) FOR A BUILDING SUBJECT TO SUBPARAGRAPHS (II)  AND  (IV)  OF  THIS
 PARAGRAPH  THAT INCLUDES AN AUTOMOBILE PARKING LIFT, THE NUMBER OF PARK-
 ING SPACES USED TO DETERMINE THE NUMBER  OF  REQUIRED  ELECTRIC  VEHICLE
 READY  PARKING  SPACES  AND  LEVEL  2 ELECTRIC VEHICLE CHARGING STATIONS
 SHALL EQUAL THE TOTAL NUMBER OF  PARKING  SPACES  MINUS  THE  NUMBER  OF
 ELEVATED PARKING SPACES CONTAINED IN THE AUTOMOBILE PARKING LIFT.
   D. REQUIREMENTS FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
 AND  ELECTRIC VEHICLE READY PARKING SPACES UNDER THIS SUBDIVISION MAY BE
 MET BY INSTALLING MULTIPLE ELECTRIC VEHICLE CHARGING STATIONS  OR  ELEC-
 TRIC  VEHICLE READY PARKING SPACES ON A SINGLE BRANCH CIRCUIT, WHEN USED
 IN CONJUNCTION WITH AN ELECTRIC  VEHICLE  ENERGY  MANAGEMENT  SYSTEM  TO
 CONTROL CHARGING STATION LOADS.
   E.  THE OWNER OF A BUILDING SUBJECT TO PARAGRAPH C OF THIS SUBDIVISION
 MAY APPLY TO THE LOCAL DEPARTMENT OF BUILDINGS OR SIMILAR ENTITY  FOR  A
 WAIVER OF THE REQUIREMENTS OF THIS SUBDIVISION, WHICH SUCH LOCAL DEPART-
 MENT  OF  BUILDINGS OR SIMILAR ENTITY MAY GRANT IF SUCH OWNER CAN DEMON-
 STRATE THAT THE PROVISIONS PRESENT AN UNDUE HARDSHIP DUE TO  LIMITATIONS
 OF  THE  LOCAL  UTILITY PROVIDER, OR THAT THE GEOGRAPHIC LOCATION OF THE
 SITE IS SUCH THAT COMPLIANCE WOULD RESULT IN A SIGNIFICANT BURDEN ON THE
 OWNER.
   F. THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY TO  AFFORDABLE
 HOUSING.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, THE TERM "AFFORDABLE
 HOUSING" SHALL MEAN A MULTI-UNIT  RESIDENTIAL  BUILDING  SUBJECT  TO  AN
 ACTUAL  OR ANTICIPATED AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERN-
 MENTAL ENTITY FOR THE PURPOSES OF  PROVIDING  AFFORDABLE  HOUSING  IN  A
 GIVEN LOCALITY OR REGION.
   G.  STANDARDS  PROMULGATED  PURSUANT TO THIS SUBDIVISION SHALL INCLUDE
 REQUIREMENTS FOR CLEAR AND PROMINENT SIGNAGE DENOTING  THE  AVAILABILITY
 AND LOCATION OF ELECTRIC VEHICLE READY PARKING SPACES AND ELECTRIC VEHI-
 CLE CHARGING STATIONS.
   H.  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE INTERPRETED OR OTHERWISE
 CONSTRUED AS PREEMPTING A MUNICIPALITY FROM ADOPTING  STANDARDS,  CODES,
 RULES,  OR REGULATIONS THAT ARE MORE STRICT THAN THOSE CONTAINED IN THIS
 SUBDIVISION.
   § 2. This act shall take effect April  1,  2025  and  shall  apply  to
 contracts for new construction entered into on and after such date.