§ 19-a. Parking facilities; support for electric vehicle charging
stations. 1. For purposes of this section:

(a) the term "construction project" shall mean construction work
involving or including the construction of a new parking facility done
under contract which is paid for in whole or in part out of public funds
as such term is defined in section two hundred twenty-four-a of the
labor law. Any construction associated with the creation or
rehabilitation of residential dwelling units or manufactured home parks
that are exempted from the definition of "covered projects" as set forth
in section two hundred twenty-four-a of the labor law shall also be
exempted from this section; and

(b) the term "parking facility" shall mean a parking garage, parking
structure, or open parking lot that is paved and striped to designate
individual parking spaces for vehicles and which has fifty parking
spaces or more.

2. Any construction project undertaken in this state where the scope
of such project includes the construction of a new parking facility that
offers between fifty and two hundred parking spaces shall deliver a
parking facility capable of supporting electric vehicle charging
stations for a minimum of ten percent of available parking spaces
through one or more electrical raceways to the electric supply panel
serving such parking facility that shall be capable of providing a
minimum of forty amperes and two hundred eight volts of electrical
capacity to each charging station connected to the raceway. A common
raceway may be used to serve multiple parking spaces. Each raceway shall
terminate in close proximity to the parking spaces designated for
electric vehicles and into a suitable listed cabinet, box, or other
enclosure. Each such raceway, cabinet, box and enclosure and all other
components and work appurtenant thereto shall be in accordance with all
applicable state, county, city, town, or village electrical codes.

3. Any construction project undertaken in this state where the scope
of such project includes the construction of a new parking facility that
offers more than two hundred parking spaces shall deliver a parking
facility capable of supporting electric vehicle charging stations for a
minimum of twenty percent of available parking spaces through one or
more electrical raceways to the electric supply panel serving such
parking facility that shall be capable of providing a minimum of forty
amperes and two hundred eight volts of electrical capacity to each
charging station connected to the raceway. A common raceway may be used
to serve multiple parking spaces. Each raceway shall terminate in close
proximity to the parking spaces designated for electric vehicles and
into a suitable listed cabinet, box, or other enclosure. Each such
raceway, cabinet, box, and enclosure and all other components and work
appurtenant thereto shall be in accordance with all applicable state,
county, city, town, or village electrical codes.

4. Nothing in this section shall require the installation of electric
vehicle charging stations or any other infrastructure in any parking
facility except as provided in subdivisions two and three of this
section; provided that any construction projects undertaken pursuant to
subdivisions two and three of this section shall be subject to the
provisions of section two hundred twenty-four-a of the labor law as
applicable, provided, however, that any installation of electric vehicle
charging stations or any other infrastructure shall comply with the
provisions of article eight of the labor law, including the payment of
prevailing wage pursuant to section two hundred twenty of the labor law
in the locality where such parking facility is located. Provided,
further, however, that nothing in this section shall be interpreted to
modify the applicability or requirements set forth in article eight of
the labor law.

5. For any construction project covered by this section, the
provisions of subdivision two or three of this section shall not apply
if the state entity, political subdivision of the state, or other public
authority, public benefit corporation or governmental unit that is
providing the public funds for the construction project finds, in
consultation with the energy research and development authority and the
department of public service, that complying with such provisions would
not be in the public interest or would result in unnecessary hardship.
In making this determination, the state entity or other governmental
unit may consider the availability of sufficient electrical transmission
or distribution infrastructure or capacity. The state entity or other
governmental unit may consider whether to grant a full or partial
exemption from the requirements of subdivision two or three of this
section and whether there are alternative means to meet the objectives
of this section. Any exemption determination by a state agency or other
governmental unit shall be in writing, provided to the project owner,
and posted publicly on such state entity or governmental unit website.

6. The requirements of this section are intended to set a minimum
standard for the installation of electric vehicle charging
infrastructure in construction projects. If the construction project is
subject to any local, state, or federal law, regulation, code, or
ordinance that requires a higher percentage of parking spaces to have
charging infrastructure or requires a greater amount of charging
infrastructure, the construction project shall be required to comply
with those requirements rather than the requirements of this section.