S T A T E O F N E W Y O R K
________________________________________________________________________
5052
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law and the public service law,
in relation to establishing a highway and depot charging action plan
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, and removing barriers to charging deployment, including electric
infrastructure constraints.
§ 2. The public authorities law is amended by adding a new section
1885 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09078-02-3
A. 5052 2
§ 1885. HIGHWAY AND DEPOT CHARGING ACTION PLAN. 1. WITHIN NINE MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, AND EVERY THREE YEARS THEREAFTER,
THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION,
THE DEPARTMENT OF MOTOR VEHICLES, THE NEW YORK STATE THRUWAY AUTHORITY,
THE NEW YORK POWER AUTHORITY, THE LONG ISLAND POWER AUTHORITY, THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND THE ELECTRIC DISTRIBUTION
AND LOCAL TRANSMISSION UTILITIES, SHALL DEVELOP A HIGHWAY AND DEPOT
CHARGING ACTION PLAN. THE CHARGING ACTION PLAN SHALL:
(A) SUPPORT AND COMPLEMENT PLANNING BY THE DEPARTMENT OF TRANSPORTA-
TION FOR FAST CHARGER DEPLOYMENT ALONG ALTERNATIVE FUEL CORRIDORS;
(B) IDENTIFY THE NUMBER AND LOCATION OF FAST CHARGERS ALONG PRIORITY
HIGHWAY CORRIDORS, INCLUDING FAST CHARGERS CURRENTLY IN OPERATION AND IN
DEVELOPMENT;
(C) ESTIMATE FUTURE NEED FOR FAST CHARGER DEPLOYMENT ALONG PRIORITY
HIGHWAY CORRIDORS FOR THE PURPOSES OF (I) FACILITATING THE COST-EFFEC-
TIVE AND TIMELY ACHIEVEMENT OF MANDATES, AND ANY AMENDMENTS THERETO,
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 REQUIREMENTS OR GOALS TO REDUCE TRANSPOR-
TATION 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, CURRENTLY IN OPERATION AND
IN DEVELOPMENT ALONG PRIORITY HIGHWAY CORRIDORS;
(E) ESTIMATE TOTAL CHARGING CAPACITY REQUIRED TO SERVE LIGHT DUTY,
MEDIUM DUTY, AND HEAVY DUTY ELECTRIC VEHICLES AT EACH HIGHWAY CHARGING
HUB THROUGH AT LEAST THE YEAR TWO THOUSAND FIFTY;
(F) TO THE EXTENT PRACTICABLE, IDENTIFY 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 SECTION; AND
(I) SEEK TO OPTIMIZE FAST CHARGER DEPLOYMENT AMONG THE HIGHWAY CHARG-
ING HUBS AND CHARGING DEVELOPMENT AMONG THE FLEET CHARGING ZONES TO
REDUCE THE COST OF INTERCONNECTION, ELECTRIC DISTRIBUTION, AND LOCAL
TRANSMISSION UPGRADES WHILE SERVING PROJECTED VEHICLE TRAFFIC VOLUMES.
2. THE AUTHORITY SHALL DEVELOP A STAKEHOLDER ENGAGEMENT PROCESS TO
RAISE CONSUMER AWARENESS AND EDUCATION ACROSS THE STATE AND SOLICIT
FEEDBACK FROM THE PUBLIC, REPRESENTATIVES OR RESIDENTS OF ENVIRONMENTAL
JUSTICE OR DISADVANTAGED COMMUNITIES, ELECTRIC VEHICLE MANUFACTURERS,
ELECTRIC VEHICLE SUPPLY EQUIPMENT MANUFACTURERS, FLEET OPERATORS, AND
OTHERS ON THE HIGHWAY AND DEPOT CHARGING ACTION PLAN. TO THE EXTENT
PRACTICABLE AND CONSISTENT WITH APPLICABLE TIMELINES, THE AUTHORITY MAY
COORDINATE THE HIGHWAY AND DEPOT CHARGING ACTION PLAN STAKEHOLDER INPUT
PROCESS WITH THE PROCESS SET FORTH IN SECTION EIGHTEEN HUNDRED EIGHTY-
FOUR OF THIS ARTICLE.
3. THE AUTHORITY SHALL SUBMIT THE HIGHWAY AND DEPOT CHARGING PLAN TO
THE PUBLIC SERVICE COMMISSION NO LATER THAN NINE MONTHS AFTER THE EFFEC-
TIVE DATE OF THIS SECTION AND AN UPDATED CHARGING PLAN EVERY THREE YEARS
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THEREAFTER. THE HIGHWAY AND DEPOT CHARGING ACTION PLAN SHALL BE MADE
PUBLICLY AVAILABLE ON THE AUTHORITY'S WEBSITE.
4. TO FACILITATE DEVELOPMENT OF A FAST CHARGING NETWORK ALONG THE
PRIORITY HIGHWAY CORRIDORS AS SET FORTH IN THIS SECTION, THE HIGHWAY
CHARGING ACTION PLAN SHALL DESIGNATE LOCATIONS AS HIGHWAY CHARGING HUBS,
AS FOLLOWS:
(A) ALL THRUWAY CHARGING HUBS SHALL BE DESIGNATED AS HIGHWAY CHARGING
HUBS.
(B) ADDITIONAL SITES OR GEOGRAPHIC AREAS SHALL BE PRIORITIZED FOR
DESIGNATION AS HIGHWAY CHARGING HUBS BASED ON (I) ELIGIBILITY FOR FEDER-
AL, STATE, OR OTHER FUNDING OPPORTUNITIES, INCLUDING BUT NOT LIMITED TO
NEEDS IDENTIFIED THROUGH THE NEVI FORMULA PROGRAM PLANNING PROCESS, (II)
PROXIMITY TO ELECTRIC TRANSMISSION INFRASTRUCTURE, (III) PROJECTED VEHI-
CLE TRAFFIC, (IV) CHARGING NETWORK COVERAGE, (V) INTERSTATE AND INTRA-
STATE 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 DEVELOPMENT AND SUCCESSFUL
IMPLEMENTATION OF THE HIGHWAY CHARGING ACTION PLAN.
(C) HIGHWAY CHARGING HUBS SHALL BE WITHIN ONE MILE OF THE PRIORITY
HIGHWAY CORRIDORS, SPACED NO MORE THAN FIFTY MILES APART ALONG THE
PRIORITY HIGHWAY CORRIDORS AND REASONABLY ACCESSIBLE REGARDLESS OF
DIRECTION OF TRAVEL.
(D) THE AUTHORITY MAY CONSIDER PRIVATELY OPERATED SITES WHICH ARE OPEN
TO THE PUBLIC OR MULTIPLE COMMERCIAL ENTITIES AS ELIGIBLE FOR DESIG-
NATION AS A HIGHWAY CHARGING HUB, SUBJECT TO REASONABLE RESTRICTIONS.
(E) A SINGLE HIGHWAY CHARGING HUB MAY BE COMPRISED OF MULTIPLE CHARG-
ING SERVICE AREAS WITHIN A REASONABLE DISTANCE FROM ONE ANOTHER.
5. GEOGRAPHIC AREAS SHALL BE PRIORITIZED FOR DESIGNATION AS FLEET
CHARGING ZONES BASED ON:
(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
(H) OTHER FACTORS DEEMED RELEVANT FOR THE DEVELOPMENT AND SUCCESSFUL
IMPLEMENTATION OF THE DEPOT CHARGING ACTION PLAN.
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 PLAN" SHALL MEAN THE HIGHWAY AND DEPOT CHARGING ACTION
PLAN.
(C) "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.
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(D) "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.
(E) "HIGHWAY AND DEPOT CHARGING ACTION PLAN" SHALL MEAN THE PLAN
DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(F) "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.
(G) "NEVI" SHALL MEAN THE NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE
PROGRAM ESTABLISHED UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
ACT OF 2021.
(H) "PRIORITY HIGHWAY CORRIDOR" SHALL MEAN ALTERNATIVE FUEL CORRIDORS
AND OTHER STATE AND COUNTY HIGHWAYS IDENTIFIED IN THE CHARGING PLAN AS
APPROPRIATE TO ENSURE SUFFICIENT AND EQUITABLE CHARGING ACCESS THROUGH-
OUT THE STATE.
(I) "THRUWAY CHARGING HUBS" SHALL MEAN ALL HIGHWAY SERVICE AREAS
CONTROLLED, LEASED, OWNED, OR OPERATED BY THE NEW YORK STATE THRUWAY
AUTHORITY.
§ 3. The public service law is amended by adding a new section 121-b
to read as follows:
§ 121-B. ELECTRIC NETWORK AND INTERCONNECTIONS UPGRADES FOR HIGHWAY
CHARGING HUBS. 1. WITHIN NINETY DAYS OF THE SUBMISSION OF A HIGHWAY
CHARGING ACTION PLAN OR DEPOT CHARGING ACTION PLAN TO THE COMMISSION
PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORI-
TIES LAW, AND IN CONSULTATION WITH THE NEW YORK STATE THRUWAY AUTHORITY,
THE NEW YORK POWER AUTHORITY, AND THE LONG ISLAND POWER AUTHORITY, THE
COMMISSION SHALL COMMENCE A PROCEEDING TO DIRECT NEW YORK ELECTRIC UTIL-
ITIES TO PRODUCE CAPITAL PLANS TO DEVELOP, OWN, AND OPERATE INTERCON-
NECTION, ELECTRIC DISTRIBUTION, AND LOCAL TRANSMISSION UPGRADES NECES-
SARY TO MEET CHARGING CAPACITY REQUIREMENTS AT ALL HIGHWAY CHARGING
HUBS. SUCH CAPITAL PLANS SHALL:
(A) INCLUDE UPGRADES TO SITE INTERCONNECTION AT ALL HIGHWAY CHARGING
HUBS;
(B) BE DESIGNED TO MINIMIZE THE NEED FOR MULTIPLE OR DUPLICATIVE
UPGRADES AT A GIVEN SITE BY CONSIDERING CHARGING CAPACITY REQUIREMENTS
FOR ALL VEHICLE CLASSES THROUGH THE YEAR TWO THOUSAND FIFTY, AND BY
CONSIDERING OTHER SOURCES OF ELECTRIC DEMAND AT HIGHWAY CHARGING HUBS.
WHERE FEASIBLE, UPGRADES SHALL BE DESIGNED AS FUTURE-PROOFING UPGRADES;
(C) PRIORITIZE INTERCONNECTION, ELECTRIC DISTRIBUTION, AND LOCAL TRAN-
SMISSION UPGRADES AT THRUWAY CHARGING HUBS AND SHALL INCLUDE FUTURE-
PROOFING UPGRADES AT ALL THRUWAY CHARGING HUBS;
(D) CONSIDER THE EXISTENCE OF RELEVANT COMMITMENTS FROM SITE AND/OR
CHARGING OPERATORS IN PRIORITIZING THE SCHEDULE OF UPGRADES FOR HIGHWAY
CHARGING HUBS; AND
(E) IDENTIFY A SCHEDULE FOR UPGRADES, PROVIDED SUCH SCHEDULE SHALL BE
SUBJECT TO REASONABLE CONSTRAINTS SUCH AS AVAILABILITY OF LAND, PERMIT-
TING, RELEVANT COMMITMENTS FROM SITE OPERATORS, UPDATES TO THE CHARGING
PLAN, OR OTHER FACTORS.
2. ALL INVESTMENTS IN THE UTILITY CAPITAL PLAN, INCLUDING UPGRADES TO
SITE INTERCONNECTION AT ALL HIGHWAY CHARGING HUBS, SHALL BE RECOVERED BY
THE UTILITIES THROUGH A PROCEEDING ESTABLISHED BY THE COMMISSION, A
PETITION FILED BY ONE OR MORE UTILITIES, OR THE UTILITY RATE CASE PROC-
ESS. THE COMMISSION MAY ESTABLISH AN APPROPRIATE MECHANISM FOR SITE
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OWNERS OR OPERATORS TO CONTRIBUTE TO THE COST OF IDENTIFIED UPGRADES,
SUCH AS, BUT NOT LIMITED TO, A CONTRIBUTION FROM CHARGING REVENUE AT THE
SITE.
3. THE COMMISSION SHALL ACT TO ENSURE THAT UPGRADES ARE IMPLEMENTED IN
A TIMELY AND COST-EFFECTIVE MANNER TO MEET THE CHARGING REQUIREMENTS
IDENTIFIED IN THE HIGHWAY CHARGING ACTION PLAN AT ALL HIGHWAY CHARGING
HUBS. PROVIDED, IN EVALUATING THE BENEFITS OF PROPOSED UPGRADES, THE
COMMISSION MAY CONSIDER, AMONG OTHER FACTORS:
(A) APPROPRIATE BENCHMARKS FOR RESILIENCE AND REDUNDANCY OF POWER
SUPPLY AT SELECTED SITES;
(B) EACH SITE'S ROLE IN PROVIDING CHARGING IN EMERGENCY CONDITIONS;
(C) OPPORTUNITIES FOR THE UPGRADES TO IMPROVE SYSTEM RELIABILITY AND
RESILIENCY, OR ADDRESS EXISTING ASSET CONDITION NEEDS;
(D) OPPORTUNITIES FOR THE UPGRADES TO SERVE ADDITIONAL ELECTRIC LOAD
GROWTH, SUCH AS ADJACENT FLEET DEPOT CHARGING OR CHARGING FOR HOST
COMMUNITIES;
(E) OPPORTUNITIES FOR THE UPGRADES TO FACILITATE RENEWABLE GENERATION,
DISTRIBUTED ENERGY RESOURCES, OR HYDROGEN PRODUCTION;
(F) POTENTIAL FOR UPGRADES AT HIGHWAY CHARGING HUBS TO DEFER THE NEED
FOR UPGRADES AT OTHER EXISTING CHARGING LOCATIONS; AND
(G) AVAILABILITY OF COMPLEMENTARY FUNDING OR INCENTIVES FOR MAKE-READY
INFRASTRUCTURE TO PROMOTE CHARGING DEVELOPMENT.
4. IN ESTABLISHING THE CAPITAL PLAN, THE ELECTRIC UTILITIES SHALL
EVALUATE BENEFITS OF UTILIZING DISTRIBUTED ENERGY RESOURCES, SUCH AS
ENERGY STORAGE OR MANAGED CHARGING PROGRAMS. SUCH BENEFITS MAY INCLUDE,
BUT ARE NOT LIMITED TO, LOWERING THE TOTAL COST OF THE CAPITAL PLAN,
PROVIDING INCREASED RESILIENCY AT A HIGHWAY CHARGING HUB, AND PROVIDING
INTERIM SOLUTIONS TO ENABLE CHARGING DEPLOYMENT WHERE GRID INFRASTRUC-
TURE IS NOT YET IN PLACE. INTERCONNECTION, ELECTRIC DISTRIBUTION, AND
LOCAL TRANSMISSION UPGRADES IN THE CAPITAL PLAN MAY INCLUDE UTILITY
OWNERSHIP AND OPERATION OF ENERGY STORAGE FACILITIES, INCLUDING, BUT NOT
LIMITED TO, MOBILE OR TEMPORARY STORAGE FACILITIES.
5. FOR THE PURPOSES OF THIS SECTION, "FUTURE-PROOFING UPGRADES" SHALL
MEAN UPGRADES THAT SEEK TO ACCOMMODATE FUTURE GROWTH IN CHARGING CAPACI-
TY REQUIREMENTS.
6. THE COMMISSION, IN CONSULTATION WITH THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION, MAY ISSUE SUCH RULES AND REGULATIONS AS THE COMMIS-
SION DETERMINES NECESSARY FOR THE PURPOSES OF CARRYING OUT THE
PROVISIONS OF THIS SECTION.
7. IN THE PROCEEDING ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION,
OR IN ANOTHER PROCEEDING DESIGNATED BY THE COMMISSION, THE COMMISSION
SHALL ACT TO IDENTIFY AND REMOVE THE BARRIERS TO THE EFFICIENT AND TIME-
LY DEPLOYMENT OF CHARGING INFRASTRUCTURE NEEDED TO ELECTRIFY NEW YORK'S
COMMERCIAL AND PUBLIC FLEET VEHICLES IN THE FLEET CHARGING ZONES. THE
COMMISSION SHALL CONSIDER, AMONG OTHER FACTORS:
(A) REVISIONS TO UTILITY ELECTRIC VEHICLE INFRASTRUCTURE PLANNING TO
ENCOURAGE PROACTIVE INVESTMENTS IN THE FLEET CHARGING ZONES, ESPECIALLY
IN DISADVANTAGED AND ENVIRONMENTAL JUSTICE COMMUNITIES;
(B) APPROPRIATE BENCHMARKS FOR RESILIENCE AND REDUNDANCY OF POWER
SUPPLY IN SELECTED AREAS;
(C) OPPORTUNITIES FOR THE UPGRADES TO IMPROVE SYSTEM RELIABILITY AND
RESILIENCY, OR ADDRESS EXISTING ASSET CONDITION NEEDS;
(D) OPPORTUNITIES FOR THE UPGRADES TO SERVE ADDITIONAL ELECTRIC LOAD
GROWTH;
(E) OPPORTUNITIES FOR THE UPGRADES TO FACILITATE RENEWABLE GENERATION,
DISTRIBUTED ENERGY RESOURCES, OR HYDROGEN PRODUCTION;
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(F) OPPORTUNITIES FOR FUTURE-PROOFING UPGRADES;
(G) AVAILABILITY OF COMPLEMENTARY FUNDING OR INCENTIVES FOR MAKE READY
INFRASTRUCTURE TO PROMOTE CHARGING DEVELOPMENT; AND
(H) BENEFITS OF DISTRIBUTED ENERGY RESOURCES, INCLUDING ENERGY STOR-
AGE.
§ 4. Section 1020-gg of the public authorities law, as added by chap-
ter 433 of the laws of 2009, is amended to read as follows:
§ 1020-gg. Energy plan. The authority shall complete a biennial energy
plan in accordance with the provisions of article six of the energy law.
In addition to any requirements of article six of the energy law, the
authority shall provide copies of its biennial energy plan to the gover-
nor, the temporary president of the senate, the speaker of the assembly,
the chair of the assembly committee on energy and the chair of the
senate committee on energy and telecommunications. Further, the authori-
ty shall cooperate and participate in the state energy planning proce-
dures as enumerated in article six of the energy law. NOTWITHSTANDING
THE FOREGOING, THE AUTHORITY SHALL ESTABLISH OR AMEND AN EXISTING CAPI-
TAL PLAN TO IMPLEMENT UPGRADES IN ITS SERVICE TERRITORY IN ACCORDANCE
WITH THE DICTATES OF A PROCEEDING IMPLEMENTED BY THE PUBLIC SERVICE
COMMISSION PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE-B OF THE PUBLIC
SERVICE LAW. THE AUTHORITY AND THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY SHALL IDENTIFY NO FEWER THAN TWO HIGHWAY CHARGING
HUBS IN THE AUTHORITY'S SERVICE TERRITORY WHERE FUTURE-PROOFING UPGRADES
SHALL BE IMPLEMENTED ON A SIMILAR TIMELINE AS AT THE THRUWAY CHARGING
HUBS, AS DEFINED IN SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THIS CHAP-
TER, SUBJECT TO REASONABLE CONSTRAINTS.
§ 5. This act shall take effect immediately.