NY State Senate Bill 2023-S110

Senate Bill S110

Vetoed By Governor

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status Via A1122 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2023	tabled vetoed memo.95
Dec 12, 2023	delivered to governor
Jun 09, 2023	returned to assembly passed senate 3rd reading cal.824 substituted for s110
Jun 09, 2023	substituted by a1122
May 15, 2023	advanced to third reading
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.824
Jan 04, 2023	referred to finance

Votes

- Jun 9, 2023 - Floor Vote
  A1122
  
  42
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (42)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (21)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      The following Member(s) participated via videoconferencing: Cooney
  May 9, 2023 - Finance Committee Vote
  S110
  
  15
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 9, 2023
      
      aye (15)
      
      Bailey
      
      Breslin
      
      Comrie
      
      Cooney
      
      Gounardes
      
      Hinchey
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Rivera
      
      Salazar
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (5)
      
      Borrello
      
      Griffo
      
      Martins
      
      O'Mara
      
      Oberacker
      
      aye wr (1)
      
      Gallivan
      
      absent (1)
      
      Parker

co-Sponsors

2023-S110 (ACTIVE) - Details

See Assembly Version of this Bill:: A1122
Law Section:: State Finance Law
Laws Affected:: Add §18-a, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S8365, A9361

2023-S110 (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.

2023-S110 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S110

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:

2022: S.8365/A.9361 (Epstein) - Reported to Rules

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately after becoming law

2023-S110 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    110
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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, 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.

                                                            LBD01089-01-3
 S. 110                              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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Senate Bill S110

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Sponsored By

Liz Krueger