NY State Senate Bill 2023-S9114

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2024	referred to energy and telecommunications

2023-S9114 (ACTIVE) - Details

See Assembly Version of this Bill:: A10383
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-x, Pub Serv L
Versions Introduced in 2025-2026 Legislative Session:: S98

2023-S9114 (ACTIVE) - Summary

Requires electric corporations build make-ready infrastructure to facilitate the charging of electric vehicles.

2023-S9114 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9114

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to building make-
ready electrical infrastructure for the charging of electric vehicles

 
PURPOSE:

This legislation amends the Public Service Law to direct electric utili-
ties to construct or otherwise bear costs of certain infrastructure
needed to serve electric vehicle charging systems.

 
SUMMARY OF PROVISIONS:

Section 1. Adds Section 66-x to the Public Service Law to:  Establish
legislative,intent and set forth definitions of included terms. Require
electric corporations to establish revised tariffs to provide for more
uniform deployment of equipment ("make-ready infrastructure") needed to
connect electric vehicle charging stations to the electric grid. The
tariffs shall authorize the electric corporations to cover 100% of

prudent utility-side make-ready costs, and between 50% to 100% of
prudent customer-side make-ready costs, based on whether the customer is
located in a disadvantaged community zone or operates a public-serving
fleet; and to recover such costs through surcharge or base rates instead
of directly from the customer served. Electric corporations shall take
reasonable efforts to ensure that any infrastructure built pursuant to
this section is efficiently sized and operated, such as by considering
customers' reasonably-foreseeable load management activities or distrib-
uted energy resource deployments.

Establish a public notice and comment period for the proposed tariffs.

Section 2 is the effective date, which is immediate.

 
JUSTIFICATION:

New York has set rigorous goals - such as the Climate Leadership and
Community Protection Act of 2019 (CLCPA), Advanced Clean Trucks and
Advanced Clean Cars II rules, and the Zero Emissions Vehicles sales
targets - to predominantly electrify its transportation sector by 2050,
with significant target deadlines rapidly approaching.  Significant
expansions of electric vehicle charging infrastructure, including both
utility-side grid facilities and customer-side charging equipment, will
beòrequired to meet these targets.

Burdensome utility make-ready policies impede this infrastructure
deployment. "Make-ready" refers to (i) utility-side equipment that
connects the customer to the grid, and (ii) customer-side equipment that
connects the utility meter to the charging stations themselves.  Make-
ready can comprise 30% or more of a fleet's upfront charging costs. This
poses a significant financial hurdle, particularly for public-serving
fleets (such as transit agencies) and fleets serving disadvantaged
communities. Moreover, New York's electric utilities each have different
tariff rules and policies governing the allocation of make-ready costs,
which adds complexity for fleets operating in multiple utility service
territories.

This legislation addresses this obstacle by establishing a uniform cost
allocation for make-ready infrastructure. It requires electric utilities
to cover 100% of prudent utility-side make-ready costs, as well as a
portion of prudent customer-side make-ready costs: 100% for public-serv-
ing fleets as well as multifamily dwelling units or fleet locations in
disadvantaged community 'zones, and at least 50% for other multifamily
or fleet locations. Utilities would recover these costs through rates
instead of directly from the charging customer.

In addition to supporting charging customers and New York's electrifica-
tion goals, this policy is also projected to benefit utility ratepayers
by helping new electric loads come online more quickly, which expedites
corresponding ratemaking benefits. A recent study examining two New York
utilities showed that the increase in utility revenue from serving new
EVs will tend to exceed costs of make-ready infrastructure, which puts
downward pressure on utility rates for customers.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
LOCAL FISCAL IMPLICATIONS:

To be determined, but the initial costs of the program will be borne by
the electric utilities, with some costs in some instances to the custom-
er side capped at 50 percent; but increased revenue from charging is
expected to sufficiently cover those upfront utility costs.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9114 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9114
 
                             I N  S E N A T E
 
                              April 26, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend the public service law, in relation to building make-
   ready electrical infrastructure for the charging of electric vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-x to read as follows:
   § 66-X. MAKE-READY ELECTRICAL INFRASTRUCTURE.  1.  LEGISLATIVE  INTENT
 AND  PURPOSE.  IT IS THE INTENT AND PURPOSE OF THIS SECTION TO IMPLEMENT
 COST EFFECTIVE AND UNIFIED TREATMENT BY ELECTRIC CORPORATIONS  OF  ELEC-
 TRICAL  DISTRIBUTION  INFRASTRUCTURE,  AND  CERTAIN CUSTOMER-OWNED MAKE-
 READY INFRASTRUCTURE, NEEDED TO CHARGE ELECTRIC  VEHICLES;  AND  PROVIDE
 FOR  CERTAIN  COSTS  OF  SUCH  INFRASTRUCTURE TO BE INCLUDED IN ELECTRIC
 CORPORATIONS' RATE  BASES  AND  GENERALLY  RECOVERED  THROUGH  RATES  OR
 SURCHARGES,  INSTEAD  OF  DIRECTLY  FROM  THE  CUSTOMERS  SERVED BY SUCH
 INFRASTRUCTURE. NOTHING IN THIS SECTION SHALL MODIFY ANY  OBLIGATION  OF
 AN  ELECTRIC  CORPORATION  TO  PROVIDE A FULL AND ACCURATE ACCOUNTING OF
 COSTS RELATED TO ELECTRICAL DISTRIBUTION INFRASTRUCTURE NEEDED TO CHARGE
 ELECTRIC VEHICLES.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRICAL DISTRIBUTION INFRASTRUCTURE" MEANS ANY UTILITY FACILI-
 TIES  USED  TO  DISTRIBUTE  ELECTRIC  SERVICE TO CUSTOMERS, AND INCLUDES
 POLES, VAULTS, SERVICE DROPS, TRANSFORMERS,  MOUNTING  PADS,  TRENCHING,
 CONDUIT,  WIRE, CABLE, METERS, OTHER EQUIPMENT AS NECESSARY, AND ASSOCI-
 ATED ENGINEERING AND CIVIL CONSTRUCTION WORK.
   (B) "UTILITY-OWNED MAKE-READY COSTS" MEANS ANY CAPITAL  INVESTMENT  IN
 ELECTRICAL DISTRIBUTION INFRASTRUCTURE NEEDED TO CONNECT AND SERVE A NEW
 ELECTRIC  VEHICLE  CHARGER,  INCLUDING  STEP DOWN TRANSFORMERS, OVERHEAD
 SERVICE LINES, AND UTILITY METERS.
   (C) "CUSTOMER-OWNED MAKE-READY COSTS" MEANS ANY CAPITAL INVESTMENT  IN
 EQUIPMENT  OR  INFRASTRUCTURE BEYOND THE UTILITY SERVICE POINT NECESSARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15064-02-4
 S. 9114                             2
 
 TO MAKE A SITE, OTHER THAN A SINGLE-FAMILY RESIDENCE, READY TO ACCEPT AN
 ELECTRIC VEHICLE CHARGER, INCLUDING CONDUCTORS, TRENCHING, AND PANELS.
   (D) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISADVAN-
 TAGED  COMMUNITY UNDER ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER-
 VATION LAW.
   (E) "PUBLIC SERVING FLEET" MEANS A FLEET OF VEHICLES OWNED, LEASED, OR
 CONTRACTED BY THE STATE, ANY MUNICIPALITY, PUBLIC  AUTHORITY  OR  SCHOOL
 DISTRICT THAT OWNS, LEASES, OR CONTRACTS MORE THAN TWENTY-FIVE VEHICLES.
   3.  REASONABLE  EFFORTS  REQUIRED.  ELECTRIC  CORPORATIONS  SHALL MAKE
 REASONABLE EFFORTS TO ENSURE THAT ANY INFRASTRUCTURE BUILT  PURSUANT  TO
 THIS  SECTION  IS  EFFICIENTLY  SIZED  AND  OPERATED.  SUCH  EFFORTS MAY
 INCLUDE, BUT NOT BE LIMITED TO, CONSIDERING CUSTOMERS' REASONABLY  FORE-
 SEEABLE LOAD MANAGEMENT ACTIVITIES AND DEPLOYMENTS OF DISTRIBUTED ENERGY
 RESOURCES.
   4.  APPLICATION.  NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, ALL ELECTRIC CORPORATIONS SHALL FILE AN  APPLICATION  WITH
 THE  COMMISSION TO ESTABLISH A TARIFF THAT SHALL REPLACE THE LINE EXTEN-
 SION RULES CURRENTLY USED BY SUCH ELECTRIC CORPORATIONS. SUCH TARIFF, AT
 A MINIMUM, SHALL:
   (A) PROVIDE FOR SUCH  ELECTRIC  CORPORATION  TO  DEPLOY  CUSTOMER-SIDE
 MAKE-READY INFRASTRUCTURE;
   (B)  AUTHORIZE  SUCH  ELECTRIC CORPORATION TO INCLUDE IN ITS BASE RATE
 ONE HUNDRED PERCENT OF ALL REASONABLE AND  PRUDENT  UTILITY-OWNED  MAKE-
 READY COSTS;
   (C)  AUTHORIZE SUCH ELECTRONIC CORPORATION TO INCLUDE IN ITS BASE RATE
 OF REASONABLE AND  PRUDENT  CUSTOMER-SIDE  MAKE-READY  COSTS  NEEDED  TO
 PREPARE A SITE FOR ELECTRIC VEHICLE CHARGING IN THE FOLLOWING MANNER:
   (I)  A MINIMUM FIFTY PERCENT OR HIGHER WHERE AUTHORIZED BY THE COMMIS-
 SION, OF CUSTOMER-OWNED MAKE-READY COSTS IN LOCATIONS THAT ARE NOT WITH-
 IN TWO MILES OF A DISADVANTAGED COMMUNITY ZONE;
   (II) ONE HUNDRED PERCENT OF CUSTOMER-OWNED  MAKE-READY  COSTS  LOCATED
 WITHIN A DISADVANTAGED COMMUNITY OR DISADVANTAGED COMMUNITY ZONE;
   (III)  ONE  HUNDRED  PERCENT  OF  CUSTOMER-OWNED  MAKE-READY COSTS FOR
 PUBLIC SERVING FLEETS; AND
   (D) PROVIDE  THAT  THE  PORTION  OF  CUSTOMER-OWNED  MAKE-READY  COSTS
 INCLUDED  IN  THE  ELECTRIC CORPORATION'S RATE BASE SHALL NOT BE CHARGED
 DIRECTLY OR SOLELY TO THE CUSTOMER SERVED BY SUCH MAKE-READY INFRASTRUC-
 TURE.
   5. DISADVANTAGED COMMUNITY ZONE. FOR THE PURPOSES OF THIS SECTION  THE
 COMMISSION SHALL DEFINE THE TERM "DISADVANTAGED COMMUNITY ZONE".
   6. COST TREATMENT AND RECOVERY FOR UTILITY-OWNED MAKE-READY COSTS. ALL
 ELECTRIC  CORPORATIONS  SHALL  MAINTAIN  BUDGETS  FOR ITS COSTS INCURRED
 UNDER THIS SECTION.  THE  PORTION  OF  CUSTOMER-OWNED  MAKE-READY  COSTS
 INCURRED BY AN ELECTRIC CORPORATION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION  SHALL  BE  TREATED IN ACCORDANCE WITH A DEPRECIATION OR AMORTI-
 ZATION SCHEDULE AS AUTHORIZED BY THE  COMMISSION.  ANY  ELECTRIC  CORPO-
 RATION  MAY  RECOVER  THE REVENUE REQUIREMENT ASSOCIATED WITH SUCH COSTS
 THROUGH A SURCHARGE MECHANISM UNTIL ITS BASE RATES ARE RESET. ANY  ELEC-
 TRIC CORPORATION SEEKING TO RECOVER SUCH COSTS THROUGH A SURCHARGE MECH-
 ANISM  SHALL  INCLUDE  SUCH  PROPOSAL  AS  PART OF ITS APPLICATION FILED
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   7. APPROVAL OF TARIFFS. THE COMMISSION SHALL, AFTER NOTICE AND  OPPOR-
 TUNITY  FOR  PUBLIC  COMMENT AND WITHIN NINETY DAYS OF THE FILING OF THE
 TARIFF, APPROVE, OR MODIFY AND APPROVE, SUCH TARIFF.
   § 2. This act shall take effect immediately.

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Senate Bill S9114

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S9114 (ACTIVE) - Details

2023-S9114 (ACTIVE) - Summary

2023-S9114 (ACTIVE) - Sponsor Memo

2023-S9114 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9114

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S9114 (ACTIVE) - Details

2023-S9114 (ACTIVE) - Summary

2023-S9114 (ACTIVE) - Sponsor Memo

2023-S9114 (ACTIVE) - Bill Text download pdf

Comments