S T A T E O F N E W Y O R K
________________________________________________________________________
8910
I N A S S E M B L Y
January 26, 2024
___________
Introduced by M. of A. WOERNER, McDONALD, GUNTHER, STIRPE, HUNTER,
THIELE, GLICK, STERN, JACOBSON, MAGNARELLI, BENDETT, K. BROWN,
CUNNINGHAM, FAHY, DURSO, GANDOLFO, OTIS, COLTON, L. ROSENTHAL, SIMONE,
NOVAKHOV, SIMPSON -- Multi-Sponsored by -- M. of A. SIMON -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions
AN ACT to amend the public authorities law, in relation to conducting a
highway and depot charging needs evaluation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. In order to achieve targets set forth
by the climate leadership and community protection act, zero-emissions
vehicle sales target and regulations, including the advanced clean truck
and advanced clean cars II rules, zero-emissions school bus mandate, and
other relevant goals, the interests of the people of the state would be
served by:
1. Coordinating efforts to plan for electric vehicle fast-charging
deployment on New York's highways;
2. Identifying priority sites for the deployment of fast chargers
along New York's highways, estimating future charging demand at these
sites for all vehicle classes, and identifying necessary electric grid
transmission and distribution infrastructure and interconnection
upgrades at these sites;
3. Expediting electric grid transmission and distribution infrastruc-
ture and interconnection upgrades at sites controlled by the New York
state thruway authority, sufficient to future-proof thruway sites for
accelerated fast charger deployment to serve light duty, medium duty and
heavy duty vehicles; and
4. Identifying additional high priority areas for the deployment of
charging for medium and heavy duty vehicles, such as school buses, tran-
sit buses, and other light, medium and heavy duty commercial fleet
depots, including taxi and ride-share vehicle fleets, and removing
barriers to charging deployment, including electric infrastructure
constraints.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09078-11-4
A. 8910 2
5. Identifying additional priority areas for deployment of charging
infrastructure designed to support building of charging in densely popu-
lated urban areas where access to charging is currently or may be limit-
ed.
§ 2. The public authorities law is amended by adding a new section
1885 to read as follows:
§ 1885. HIGHWAY AND DEPOT CHARGING NEEDS EVALUATION. 1. WITHIN NINE
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND EVERY THREE YEARS
THEREAFTER, THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF TRANS-
PORTATION, THE DEPARTMENT OF MOTOR VEHICLES, THE NEW YORK STATE THRUWAY
AUTHORITY, THE NEW YORK POWER AUTHORITY, THE LONG ISLAND POWER AUTHORI-
TY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE ELECTRIC DISTRIB-
UTION AND LOCAL TRANSMISSION UTILITIES, THE NEW YORK ASSOCIATION FOR
PUPIL TRANSPORTATION, AND FREIGHT LOGISTICS EXPERTS SHALL CONDUCT A
NEEDS EVALUATION TO:
(A) CONSIDER PLANNING BY THE DEPARTMENT OF TRANSPORTATION FOR FAST
CHARGER DEPLOYMENT ALONG ALTERNATIVE FUEL CORRIDORS AND MAJOR FREIGHT
CORRIDORS;
(B) IDENTIFY THE NUMBER AND LOCATION OF FAST CHARGERS ALONG PRIORITY
HIGHWAY CORRIDORS AND MAJOR FREIGHT CORRIDORS, INCLUDING FAST CHARGERS
CURRENTLY IN OPERATION AND IN DEVELOPMENT;
(C) ESTIMATE FUTURE NEED FOR FAST CHARGER DEPLOYMENT ALONG PRIORITY
HIGHWAY AND MAJOR FREIGHT CORRIDORS FOR THE PURPOSES OF (I) FACILITATING
THE COST-EFFECTIVE AND TIMELY ACHIEVEMENT OF MANDATES UNDER (1) ARTICLE
SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, (2) SECTION
19-0306-B OF THE ENVIRONMENTAL CONSERVATION LAW REGARDING ZERO-EMISSIONS
VEHICLE SALES TARGETS, (3) RULES AND REGULATIONS FOR ZERO-EMISSIONS
VEHICLES ADOPTED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AND
(4) OTHER RELEVANT AND APPLICABLE FEDERAL AND STATE RULES OR REGULATIONS
OR LOCAL GOALS TO REDUCE TRANSPORTATION SECTOR EMISSIONS; AND (II)
SUPPORTING ELECTRIC VEHICLE ADOPTION BY CONSUMERS AND FLEET OPERATORS;
(D) IDENTIFY THE NUMBER AND LOCATION OF HIGHWAY CHARGING HUBS, INCLUD-
ING BUT NOT LIMITED TO THRUWAY CHARGING HUBS AND FREIGHT CHARGING HUBS,
CURRENTLY IN OPERATION AND IN DEVELOPMENT ALONG PRIORITY HIGHWAY AND
MAJOR FREIGHT CORRIDORS;
(E) ESTIMATE TOTAL CHARGING CAPACITY REQUIRED TO SERVE LIGHT DUTY,
MEDIUM DUTY, AND HEAVY DUTY ELECTRIC VEHICLES AT EACH HIGHWAY AND
FREIGHT CHARGING HUB THROUGH AT LEAST THE YEAR TWO THOUSAND FIFTY;
(F) IDENTIFY, TO THE EXTENT PRACTICABLE, THE NUMBER AND LOCATION OF
COMMERCIAL AND PUBLIC FLEET VEHICLES IN OPERATION, INCLUDING THEIR BODY
TYPE, FUEL TYPE, MODEL YEAR, ZIP CODE, AND OTHER RELEVANT INFORMATION
NEEDED TO FORECAST THE NUMBER AND LOCATION OF ZERO-EMISSIONS VEHICLES,
PER STATE POLICY;
(G) IDENTIFY THE NUMBER AND LOCATION OF FLEET CHARGING ZONES;
(H) ESTIMATE FUTURE NEED FOR CHARGING DEPLOYMENT AND CHARGING CAPACITY
IN THE FLEET CHARGING ZONES, SUFFICIENT TO SATISFY THE TARGETS AND REGU-
LATIONS IDENTIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION;
(I) EXAMINE WAYS TO OPTIMIZE FAST CHARGER DEPLOYMENT AMONG THE HIGHWAY
CHARGING HUBS, THE FREIGHT CHARGING HUBS, AND ALL SUCH CHARGING HUBS,
AND CHARGING DEVELOPMENT AMONG THE FLEET CHARGING ZONES TO REDUCE THE
COST OF INTERCONNECTION, IF DEEMED NECESSARY, AND ELECTRIC DISTRIBUTION
AND LOCAL TRANSMISSION UPGRADES WHILE SERVING PROJECTED VEHICLE TRAFFIC
VOLUMES;
(J) ANALYZE AND ASSES THE TOTAL POTENTIAL COSTS ASSOCIATED WITH ANY
IDENTIFIED NEED;
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(K) ANALYZE AND ASSESS FEDERAL OR STATE FUNDING OPPORTUNITIES TO MINI-
MIZE SUCH COSTS TO RATE PAYERS; AND
(L) IDENTIFY THE NUMBER AND LOCATION OF CRITICAL PUBLIC CHARGING SITES
AND ESTIMATE FUTURE NEED FOR CHARGING DEPLOYMENT AND CHARGING CAPACITY
FOR CRITICAL PUBLIC CHARGING SITES.
2. THE AUTHORITY SHALL DEVELOP A STAKEHOLDER ENGAGEMENT PROCESS TO
RAISE CONSUMER AWARENESS AND EDUCATION ACROSS THE STATE AND SOLICIT
FEEDBACK FROM THE PUBLIC, LOCAL GOVERNMENT, REPRESENTATIVES OR RESIDENTS
OF ENVIRONMENTAL JUSTICE OR DISADVANTAGED COMMUNITIES, ELECTRIC VEHICLE
MANUFACTURERS, ELECTRIC VEHICLE SUPPLY EQUIPMENT MANUFACTURERS, FLEET
OPERATORS, SCHOOL DISTRICT TRANSPORTATION DIRECTORS AND OTHERS ON THE
HIGHWAY AND DEPOT CHARGING NEEDS EVALUATION. TO THE EXTENT PRACTICABLE
AND CONSISTENT WITH APPLICABLE TIMELINES, THE AUTHORITY MAY COORDINATE
THE HIGHWAY AND DEPOT CHARGING NEEDS EVALUATION STAKEHOLDER INPUT PROC-
ESS WITH THE PROCESS SET FORTH IN SECTION EIGHTEEN HUNDRED EIGHTY-FOUR
OF THIS ARTICLE.
3. THE NEEDS EVALUATION SHALL BE MADE PUBLICLY AVAILABLE ON THE
AUTHORITY'S WEBSITE.
4. WHEN CONDUCTING THE NEEDS EVALUATION, THE FOLLOWING LOCATIONS SHALL
BE CONSIDERED FOR DESIGNATION AS HIGHWAY AND/OR FREIGHT CHARGING HUBS:
(A) ALL THRUWAY CHARGING HUBS.
(B) ADDITIONAL SITES OR GEOGRAPHIC AREAS BASED ON (I) ELIGIBILITY FOR
FEDERAL, STATE, OR OTHER FUNDING OPPORTUNITIES, INCLUDING BUT NOT LIMIT-
ED TO NEEDS IDENTIFIED THROUGH THE NEVI FORMULA PROGRAM PLANNING PROC-
ESS, (II) PROXIMITY TO ELECTRIC TRANSMISSION INFRASTRUCTURE, (III)
PROJECTED VEHICLE TRAFFIC, (IV) CHARGING NETWORK COVERAGE, (V) INTER-
STATE AND INTRASTATE COMMERCE, (VI) BENEFITS TO ENVIRONMENTAL JUSTICE
AND DISADVANTAGED COMMUNITIES, (VII) BENEFITS OF INCREASED CHARGING
ACCESSIBILITY IN HOST COMMUNITIES, (VIII) REAL PROPERTY OWNERSHIP OR
CONTROL OF POTENTIAL SITES, (IX) RELEVANT COMMITMENTS FROM SITE AND/OR
CHARGING OPERATORS, AND (X) OTHER FACTORS DEEMED RELEVANT FOR THE DEVEL-
OPMENT AND SUCCESSFUL IMPLEMENTATION OF THE HIGHWAY CHARGING NEEDS EVAL-
UATION.
(C) LOCATIONS WITHIN ONE MILE OF THE PRIORITY HIGHWAY CORRIDORS,
SPACED NO MORE THAN FIFTY MILES APART ALONG THE PRIORITY HIGHWAY CORRI-
DORS AND REASONABLY ACCESSIBLE REGARDLESS OF DIRECTION OF TRAVEL.
(D) PRIVATELY OPERATED SITES WHICH ARE OPEN TO THE PUBLIC OR MULTIPLE
COMMERCIAL ENTITIES AS ELIGIBLE FOR DESIGNATION AS A HIGHWAY CHARGING
HUB OR FREIGHT CHARGING HUB, SUBJECT TO REASONABLE RESTRICTIONS.
(E) A SINGLE HIGHWAY OR FREIGHT CHARGING HUB COMPRISED OF MULTIPLE
CHARGING SERVICE AREAS WITHIN A REASONABLE DISTANCE FROM ONE ANOTHER.
5. WHEN CONDUCTING THE NEEDS EVALUATION, THE FOLLOWING GEOGRAPHIC AREA
CRITERIA SHALL BE CONSIDERED WHEN DETERMINING DESIGNATIONS AS FLEET
CHARGING ZONES:
(A) TOTAL NUMBER OF COMMERCIAL AND PUBLIC FLEET VEHICLES IN OPERATION
AND/OR TOTAL NUMBER OF FLEET OPERATORS IN THE GEOGRAPHIC AREA,
(B) PROJECTED VEHICLE TRAFFIC IN THE GEOGRAPHIC AREA,
(C) BENEFITS TO PUBLIC FLEETS, SUCH AS SCHOOL BUS OPERATORS,
(D) BENEFITS TO ENVIRONMENTAL JUSTICE AND DISADVANTAGED COMMUNITIES,
(E) RELEVANT COMMITMENTS FROM FLEET AND/OR SITE OPERATORS TO INSTALL
CHARGING EQUIPMENT,
(F) AVAILABLE CAPACITY ON THE ELECTRIC DISTRIBUTION AND LOCAL TRANS-
MISSION NETWORK TO SERVE VEHICLE CHARGERS,
(G) ENSURING EQUITABLE COVERAGE AND ACCESS TO FLEET CHARGING THROUGH-
OUT THE STATE, AND
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(H) SITES WHERE PRIVATE OR PUBLIC FLEET VEHICLES ARE REGULARLY PARKED,
MAINTAINED, OR OTHERWISE DISPATCHED FOR SERVICE, INCLUDING SCHOOL BUS
GARAGES.
6. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(A) "ALTERNATIVE FUEL CORRIDORS" SHALL MEAN HIGHWAYS DESIGNATED WITHIN
THE STATE PURSUANT TO THE NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE
FORMULA PROGRAM UNDER 23 U.S.C. 151 AND PREVIOUSLY DESIGNATED UNDER THE
FEDERAL FIXING AMERICA'S SURFACE TRANSPORTATION ACT OF 2015.
(B) "CHARGING NEEDS EVALUATION" SHALL MEAN THE HIGHWAY AND DEPOT
CHARGING NEEDS EVALUATION.
(C) "CRITICAL PUBLIC CHARGING SITE" SHALL MEAN A PRIORITY SITE FOR THE
DEPLOYMENT OF CHARGING INFRASTRUCTURE DESIGNED TO SUPPORT BUILDOUT OF
CHARGING IN DENSELY POPULATED URBAN AREAS WHERE ACCESS TO CHARGING MAY
BE LIMITED.
(D) "FAST CHARGER" SHALL MEAN A DIRECT CURRENT ELECTRIC VEHICLE CHARG-
ING PORT WHICH CAN CHARGE AT A LEVEL OF AT LEAST ONE HUNDRED FIFTY KILO-
WATTS.
(E) "FLEET CHARGING ZONE" SHALL MEAN A PRIORITY GEOGRAPHIC AREA FOR
THE DEPLOYMENT OF CHARGING INFRASTRUCTURE FOR PUBLIC AND COMMERCIAL
FLEET OPERATORS OR OWNERS, INCLUDING SCHOOL BUS FLEETS, TAXI AND RIDE-
SHARE VEHICLE FLEETS.
(F) "FREIGHT CHARGING HUB" SHALL MEAN A PRIORITY SITE FOR THE DEPLOY-
MENT OF LARGE SCALE, FAST CHARGING INFRASTRUCTURE, WHICH HAS MINIMUM
STATION POWER CAPABILITY AT OR ABOVE SIX HUNDRED KILOWATTS AND SUPPORTS
AT LEAST ONE HUNDRED FIFTY KILOWATTS PER PORT SIMULTANEOUSLY ACROSS FOUR
PORTS FOR CHARGING. THESE SITES MAY INCLUDE HIGHWAY CHARGING HUBS.
(G) "HIGHWAY AND DEPOT CHARGING NEEDS EVALUATION" SHALL MEAN THE NEEDS
EVALUATION DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(H) "HIGHWAY CHARGING HUB" SHALL MEAN A PRIORITY SITE FOR THE DEPLOY-
MENT OF LARGE SCALE, FAST CHARGING INFRASTRUCTURE, WHICH HAS MINIMUM
STATION POWER CAPABILITY AT OR ABOVE SIX HUNDRED KILOWATTS AND SUPPORTS
AT LEAST ONE HUNDRED FIFTY KILOWATTS PER PORT SIMULTANEOUSLY ACROSS FOUR
PORTS FOR CHARGING. THESE SITES SHALL INCLUDE BUT ARE NOT LIMITED TO
THRUWAY CHARGING HUBS.
(I) "MAJOR FREIGHT CORRIDOR" SHALL MEAN SEGMENTS OF THE FREIGHT TRANS-
PORTATION NETWORK IDENTIFIED BY THE FEDERAL HIGHWAY ADMINISTRATION THAT
CARRY MORE THAN FIFTY MILLION TONS PER YEAR, INCLUDING HIGHWAY SEGMENTS
THAT CARRY AT LEAST EIGHT THOUSAND FIVE HUNDRED TRUCKS PER DAY, ADDI-
TIONAL HIGHWAY SEGMENTS AND PARALLEL RAIL LINES THAT TOGETHER CARRY AT
LEAST EIGHT THOUSAND FIVE HUNDRED TRUCK, TRAILER-ON-FLATCAR, AND
CONTAINER-ON-FLATCAR PAYLOADS OF TYPICALLY HIGH-VALUE, TIME SENSITIVE
CARGO, AND RAIL LINES AND WATERWAYS THAT CARRY FIFTY MILLION TONS IN
BULK CARGO PER YEAR.
(J) "NEVI" SHALL MEAN THE NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE
PROGRAM ESTABLISHED UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
ACT OF 2021.
(K) "PRIORITY HIGHWAY CORRIDOR" SHALL MEAN ALTERNATIVE FUEL CORRIDORS
AND OTHER STATE AND COUNTY HIGHWAYS IDENTIFIED IN THE CHARGING NEEDS
EVALUATION AS APPROPRIATE TO ENSURE SUFFICIENT AND EQUITABLE CHARGING
ACCESS THROUGHOUT THE STATE.
(L) "THRUWAY CHARGING HUBS" SHALL MEAN ALL HIGHWAY SERVICE AREAS
CONTROLLED, LEASED, OWNED, OR OPERATED BY THE NEW YORK STATE THRUWAY
AUTHORITY.
§ 3. This act shall take effect immediately.