S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    801
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the energy law, in relation to requiring  new  buildings
   where  new  parking  is  provided  to  have  electric vehicle charging
   infrastructure; and to repeal certain provisions of the executive  law
   relating  to  certain  standards  in  the  New York state uniform fire
   prevention and building code
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 17-a of the executive law, as added by a chap-
 ter of the laws of 2024 amending the executive law relating to requiring
 new construction that includes dedicated off-street parking  to  provide
 electric  vehicle  charging  stations and electric vehicle ready parking
 spaces, as proposed in  legislative  bills  numbers  S.  1736-E  and  A.
 3780-E, is REPEALED.
   §  2.  Section  11-104  of  the  energy law is amended by adding a new
 subdivision 9 to read as follows:
   9. STANDARDS TO REQUIRE NEW BUILDINGS THAT INCLUDE NEW DEDICATED  OFF-
 STREET  PARKING  INVOLVING A GARAGE, DRIVEWAY, PARKING LOT OR OTHER OFF-
 STREET PARKING TO HAVE ELECTRIC VEHICLE READY INFRASTRUCTURE  AND  ELEC-
 TRIC  VEHICLE  CHARGING  STATIONS  THAT COMPLY WITH THE REQUIREMENTS SET
 FORTH IN THIS SUBDIVISION. SUCH STANDARDS SHALL NOT BE INCLUDED  IN  THE
 LIFE  CYCLE  ANALYSIS  PERFORMED  PURSUANT TO SUBDIVISION TWO OF SECTION
 11-103 OF THIS ARTICLE.
   (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "ELECTRIC VEHICLE READY INFRASTRUCTURE" SHALL MEAN ALL  ELECTRICAL
 COMPONENTS,  TERMINATING  IN  A  RECEPTACLE  OR  OUTLET, AS NECESSARY TO
 ENABLE ELECTRIC VEHICLE CHARGING AND SUPPORT ELECTRIC  VEHICLE  CHARGING
 STATIONS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02803-01-5
              

 S. 801                              2
 
   (II)  "ELECTRIC VEHICLE CHARGING STATION" SHALL MEAN ALL THE EQUIPMENT
 NECESSARY TO DELIVER ELECTRICITY FROM A SOURCE OUTSIDE AN ELECTRIC VEHI-
 CLE INTO ONE OR MORE ELECTRIC VEHICLES, AS DEFINED BY THE CODE COUNCIL.
   (B) WHEN ADOPTING A NEW CODE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-SIX,  SUCH  CODE  SHALL  INCLUDE  PROVISIONS THAT REQUIRE ANY NEW
 BUILDING WHERE NEW OFF-STREET PARKING IS ASSOCIATED WITH SUCH NEW BUILD-
 ING TO HAVE ELECTRIC VEHICLE READY INFRASTRUCTURE AND  ELECTRIC  VEHICLE
 CHARGING STATIONS IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION.
   (C)  THE  PROVISIONS  SET  FORTH  IN PARAGRAPH (B) OF THIS SUBDIVISION
 SHALL NOT BE CONSTRUED AS APPLYING TO BUILDINGS EXISTING  PRIOR  TO  THE
 ADOPTION  OF  A NEW CODE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SIX, INCLUDING TO THE REPAIR, ALTERATION,  ADDITION,  RELOCATION,  OR
 CHANGE OF OCCUPANCY OR USE OF SUCH BUILDINGS.
   (D)  CODE  PROVISIONS  PROMULGATED  BY  THE  STATE FIRE PREVENTION AND
 BUILDING CODE COUNCIL PURSUANT TO THIS SUBDIVISION:
   (I) MAY, FOR DETACHED ONE- AND TWO-FAMILY DWELLINGS, PROVIDE FOR ELEC-
 TRIC VEHICLE READY INFRASTRUCTURE;
   (II) SHALL, FOR OCCUPANCIES OTHER THAN DETACHED  ONE-  AND  TWO-FAMILY
 DWELLINGS,  REQUIRE  A  MINIMUM  NUMBER  OF PARKING SPACES WITH ELECTRIC
 VEHICLE READY INFRASTRUCTURE AND A MINIMUM NUMBER OF PARKING SPACES WITH
 ELECTRIC VEHICLE CHARGING STATIONS, WITH MINIMUM CHARGING CAPACITY STAN-
 DARDS ESTABLISHED BY THE COUNCIL. WHEN ESTABLISHING  MINIMUM  STANDARDS,
 THE COUNCIL SHALL CONSIDER:
   A.  THE  GOALS  OF SECTION 19-0306-B OF THE ENVIRONMENTAL CONSERVATION
 LAW;
   B. THE DIFFERING NEEDS OF VARIOUS BUILDING TYPES;
   C. MAXIMIZING EQUITY OF ACCESS TO  ELECTRIC  VEHICLE  CHARGING  ACROSS
 INCOME  LEVELS,  HOUSING  TYPES,  GEOGRAPHIC  LOCATIONS,  AND EMPLOYMENT
 TYPES;
   D. FOR COMMERCIAL BUILDINGS,  THE  ELECTRIC  VEHICLE  CHARGING  ACCESS
 NEEDS OF BOTH EMPLOYEES AND CUSTOMERS; AND
   E.  FOR MULTI-FAMILY RESIDENTIAL BUILDINGS, STANDARDS THAT ALLOW ELEC-
 TRIC VEHICLE CHARGING STATIONS BE WIRED DIRECTLY TO A METER OR  ELECTRIC
 VEHICLE SUBMETER SERVING A RESIDENTIAL UNIT;
   (III)  INCLUDE  REQUIREMENTS  FOR CLEAR AND PROMINENT SIGNAGE DENOTING
 THE AVAILABILITY AND LOCATION OF ELECTRIC VEHICLE  READY  INFRASTRUCTURE
 AND ELECTRIC VEHICLE CHARGING STATIONS; AND
   (IV) PROVIDE EXEMPTIONS TO SUCH CODE PROVISIONS FOR:
   A. PROJECTS WITH LOCAL, STATE, OR FEDERAL APPROVAL SUBJECT TO AN ACTU-
 AL OR ANTICIPATED AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL
 ENTITY  FOR  THE  PURPOSES  OF  PROVIDING  AFFORDABLE HOUSING IN A GIVEN
 LOCALITY OR REGION; AND
   B. ADDITIONAL EXEMPTIONS DUE TO  TECHNICAL  INFEASIBILITY,  GEOGRAPHIC
 LOCATION, OR BUILDING TYPE, AS THE CODE COUNCIL DEEMS APPROPRIATE.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2024  amending  the  executive  law
 relating  to  requiring  new  construction  that includes dedicated off-
 street parking to provide electric vehicle charging stations  and  elec-
 tric  vehicle  ready  parking  spaces,  as proposed in legislative bills
 numbers S. 1736-E and A. 3780-E, take effect.