STATE OF NEW YORK ________________________________________________________________________
3780
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023 ___________
Introduced by M. of A. FAHY, JACKSON, DICKENS, THIELE, SEAWRIGHT, BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK, L. ROSENTHAL, OTIS, EPSTEIN, DINOWITZ -- read once and referred to the Committee on Governmental Operations
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:
1 Section 1. Section 378 of the executive law is amended by adding a new 2 subdivision 17-a to read as follows: 3 17-a. a. Standards to require new construction that includes dedicated 4 off-street parking involving a garage, driveway, parking lot or other 5 off-street parking, to have: 6 (i) electric vehicle charging stations as defined in paragraph (b) of 7 subdivision one of section three hundred thirty-nine-ll of the real 8 property law; and 9 (ii) electric vehicle capable parking spaces, which have the appropri- 10 ate wiring, electric panels, and the appropriate space to install appro- 11 priate electric service for an electric vehicle charging station. 12 b. Such standards shall require that the number of electric vehicle 13 capable parking spaces pursuant to subparagraph (ii) of paragraph a of 14 this subdivision shall be as follows: 15 (i) a one, two or three-family home equipped with a garage, driveway 16 or parking lot, or other off-street parking, shall have at least one 17 electric vehicle capable parking space. For the purposes of this 18 subparagraph, "new construction" shall mean the erection of an entirely 19 new structure not attached or affiliated with any existing construction 20 on the property. "New construction" shall not include a new addition or 21 capital improvement to existing construction nor shall it constitute an 22 addition to the property;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03756-01-3
A. 3780 2
1 (ii) a multi-unit residential building with between two and ten park- 2 ing spaces shall have at least seventy-five percent of available parking 3 spaces be electric vehicle capable parking spaces, which shall include 4 at least twenty percent of available parking spaces as electric vehicle 5 charging stations. If there is a decimal in the calculation of the 6 percentage of parking spaces, such decimal shall be rounded to the next 7 largest whole number; 8 (iii) a multi-unit residential building with at least eleven parking 9 spaces shall have one hundred percent of available parking spaces be 10 electric vehicle capable parking spaces, which shall include at least 11 forty percent of available parking spaces as electric vehicle charging 12 stations. If there is a decimal in the calculation of the percentage of 13 parking spaces, such decimal shall be rounded to the next largest whole 14 number; 15 (iv) a privately-owned commercial building with between two and ten 16 parking spaces shall have one hundred percent of available parking spac- 17 es be electric vehicle capable parking spaces, which shall include at 18 least twenty percent of available parking spaces as electric vehicle 19 charging stations with at least a 208-240 volt, 40 amp circuit; 20 (v) a privately-owned commercial building with at least eleven parking 21 spaces shall have one hundred percent of available parking spaces be 22 electric vehicle capable parking spaces, which shall include at least 23 forty percent of available parking spaces as electric vehicle charging 24 stations with at least a 208-240 volt, 40 amp circuit; and 25 (vi) a privately-owned commercial building subject to the requirements 26 of subparagraph (iv) or (v) of this paragraph, the installation of one 27 400-900 volt direct current fast charging station shall be considered 28 equivalent to five required electric vehicle charging stations of lower 29 voltage. 30 c. For the purposes of this subdivision, "privately-owned commercial 31 building" shall mean any newly constructed commercial building under 32 private contract which has not received state capital funding for such 33 construction. 34 d. The owner of a building subject to paragraph b of this subdivision 35 may apply to the local department of buildings or similar entity for a 36 waiver of the requirements of this subdivision, which such local depart- 37 ment of buildings or similar entity may grant if such owner can demon- 38 strate that the provisions present an undue hardship due to limitations 39 of the local utility provider, or that the geographic location of the 40 site is such that compliance would result in a significant burden on the 41 owner. 42 ยง 2. This act shall take effect April 1, 2024 and shall apply to 43 contracts for new construction entered into on and after such date.