S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1736
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. KRUEGER, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KENNEDY,
   MYRIE, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and
   when printed to be committed to the Committee on Housing, Construction
   and Community Development
 
 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
 S. 1736                             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
 ________________________________________________________________________
 
                                  1736--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. KRUEGER, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KENNEDY,
   MYRIE, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and
   when printed to be committed to the Committee on Housing, Construction
   and  Community  Development  -- reported favorably from said committee
   and committed to the Committee on  Energy  and  Telecommunications  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in  relation  to  requiring  electric
   vehicle charging stations and level 2 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)  LEVEL  2  ELECTRIC  VEHICLE  CAPABLE  PARKING  SPACES.   FOR THE
 PURPOSES OF THIS SUBDIVISION, LEVEL 2 ELECTRIC VEHICLE  CAPABLE  PARKING
 SPACE  SHALL  MEAN  A  PARKING  SPACE WITH ELECTRICAL PANEL CAPACITY AND
 SPACE FOR  A  BRANCH  CIRCUIT  THAT  IS  NOT  LESS  THAN  40-AMPERE  AND
 208/240-VOLT  AND  EQUIPPED  WITH RACEWAYS, BOTH UNDERGROUND AND SURFACE
 MOUNTED, AS NECESSARY TO ENABLE FUTURE INSTALLATION OF A LEVEL  2  ELEC-
 TRIC VEHICLE CHARGING STATION. FOR TWO ADJACENT ELECTRIC VEHICLE CAPABLE
 PARKING SPACES, A SINGLE BRANCH CIRCUIT IS PERMITTED.
   B.  SUCH  STANDARDS  SHALL REQUIRE THAT THE NUMBER OF ELECTRIC VEHICLE
 CHARGING STATIONS AND LEVEL 2 ELECTRIC VEHICLE  CAPABLE  PARKING  SPACES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-02-3
 S. 1736--A                          2
              

 
 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
 LEVEL  2  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;
   (II)  A MULTI-UNIT RESIDENTIAL BUILDING WITH BETWEEN ONE AND TEN PARK-
 ING SPACES SHALL HAVE AT LEAST SEVENTY-FIVE PERCENT OF AVAILABLE PARKING
 SPACES BE LEVEL 2 ELECTRIC VEHICLE CAPABLE PARKING SPACES,  WHICH  SHALL
 INCLUDE  AT LEAST TWENTY PERCENT OF AVAILABLE PARKING SPACES AS ELECTRIC
 VEHICLE CHARGING STATIONS OF ANY LEVEL.  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
 LEVEL 2 ELECTRIC VEHICLE CAPABLE PARKING SPACES, WHICH SHALL INCLUDE  AT
 LEAST  FORTY  PERCENT  OF  AVAILABLE  PARKING SPACES AS ELECTRIC VEHICLE
 CHARGING STATIONS OF ANY LEVEL. 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 ONE AND TEN
 PARKING SPACES SHALL HAVE ONE HUNDRED PERCENT OF AVAILABLE PARKING SPAC-
 ES BE LEVEL 2 ELECTRIC  VEHICLE  CAPABLE  PARKING  SPACES,  WHICH  SHALL
 INCLUDE  AT  LEAST TWENTY PERCENT OF AVAILABLE PARKING SPACES AS LEVEL 2
 ELECTRIC VEHICLE CHARGING  STATIONS  OR  DIRECT  CURRENT  FAST  CHARGING
 STATIONS. FOR THE PURPOSES OF THIS SUBDIVISION, LEVEL 2 ELECTRIC VEHICLE
 CHARGING  STATION  SHALL  MEAN AN ELECTRIC VEHICLE CHARGING STATION THAT
 PROVIDES AN ALTERNATING CURRENT POWER SOURCE AT  A  MINIMUM  OF  208/240
 VOLTS AND 40-AMPERE, AND 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 50 KILOWATTS;
   (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 LEVEL  2  ELECTRIC  VEHICLE
 CHARGING STATIONS OR DIRECT CURRENT FAST CHARGING STATIONS; AND
   (VI) A PRIVATELY-OWNED COMMERCIAL BUILDING SUBJECT TO THE REQUIREMENTS
 OF  SUBPARAGRAPH  (IV) OR (V) OF THIS PARAGRAPH, THE INSTALLATION OF ONE
 DIRECT CURRENT FAST CHARGING STATION SHALL BE CONSIDERED  EQUIVALENT  TO
 FIVE LEVEL 2 ELECTRIC VEHICLE CHARGING STATIONS.
   C. REQUIREMENTS FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
 UNDER  THIS SUBDIVISION MAY BE MET BY INSTALLING MULTIPLE ELECTRIC VEHI-
 CLE CHARGING STATIONS ON A SINGLE BRANCH CIRCUIT, WHEN USED IN  CONJUNC-
 TION WITH AN ELECTRIC VEHICLE ENERGY MANAGEMENT SYSTEM TO CONTROL CHARG-
 ING  STATION  LOADS.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, 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 CONTROLLERS, A TIMER OR TIMERS
 AND OTHER APPLICABLE DEVICES.
   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-
 S. 1736--A                          3
 
 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
 ________________________________________________________________________
 
                                  1736--C
     Cal. No. 1018
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. KRUEGER, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KENNEDY,
   MYRIE, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and
   when printed to be committed to the Committee on Housing, Construction
   and  Community  Development  -- reported favorably from said committee
   and committed to the Committee on  Energy  and  Telecommunications  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee and committed to the Committee on Finance -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 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.
              

                                                            LBD03756-14-3
 S. 1736--C                          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
 S. 1736--C                          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.
 S. 1736--C                          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, 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
 ________________________________________________________________________
 
                                  1736--D
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  CHU, GOUNARDES, HOYLMAN-SIGAL, JACKSON,
   KENNEDY, MAY, MYRIE,  RAMOS,  RIVERA,  SEPULVEDA  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Housing, Construction and Community Development -- reported  favorably
   from said committee and committed to the Committee on Energy and Tele-
   communications   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order  of  third  reading  -- recommitted to the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec.  8 -- reported favorably from said committee and committed to
   the  Committee  on  Energy   and   Telecommunications   --   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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-15-4
 S. 1736--D                          2
 
              

   (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;
   (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
 S. 1736--D                          3
 
 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
 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-
 S. 1736--D                          4
 
 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.
   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
 ________________________________________________________________________
 
                                  1736--E
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  CHU, GOUNARDES, HOYLMAN-SIGAL, JACKSON,
   MAY, MYRIE, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered  print-
   ed,  and  when  printed  to  be committed to the Committee on Housing,
   Construction and Community Development -- reported favorably from said
   committee and committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee and committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   -- recommitted to the Committee on Housing, Construction and Community
   Development  in  accordance  with  Senate  Rule  6, sec. 8 -- reported
   favorably from said committee and committed to the Committee on Energy
   and Telecommunications -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03756-18-4
 S. 1736--E                          2
              

 
   (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;
   (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
 S. 1736--E                          3
 
 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
 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
 S. 1736--E                          4

 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.