STATE OF NEW YORK ________________________________________________________________________ 1736--A 2023-2024 Regular Sessions IN SENATE January 13, 2023 ___________ Introduced by Sens. KRUEGER, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KENNEDY, MYRIE, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- reported favorably from said committee and committed to the Committee on Energy and Telecommunications -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to requiring electric vehicle charging stations and level 2 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) level 2 electric vehicle capable parking spaces. For the 10 purposes of this subdivision, level 2 electric vehicle capable parking 11 space shall mean a parking space with electrical panel capacity and 12 space for a branch circuit that is not less than 40-ampere and 13 208/240-volt and equipped with raceways, both underground and surface 14 mounted, as necessary to enable future installation of a level 2 elec- 15 tric vehicle charging station. For two adjacent electric vehicle capable 16 parking spaces, a single branch circuit is permitted. 17 b. Such standards shall require that the number of electric vehicle 18 charging stations and level 2 electric vehicle capable parking spaces EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03756-02-3
S. 1736--A 2 1 pursuant to subparagraph (ii) of paragraph a of this subdivision shall 2 be as follows: 3 (i) a one, two or three-family home equipped with a garage, driveway 4 or parking lot, or other off-street parking, shall have at least one 5 level 2 electric vehicle capable parking space. For the purposes of 6 this subparagraph, "new construction" shall mean the erection of an 7 entirely new structure not attached or affiliated with any existing 8 construction on the property. "New construction" shall not include a new 9 addition or capital improvement to existing construction nor shall it 10 constitute an addition to the property; 11 (ii) a multi-unit residential building with between one and ten park- 12 ing spaces shall have at least seventy-five percent of available parking 13 spaces be level 2 electric vehicle capable parking spaces, which shall 14 include at least twenty percent of available parking spaces as electric 15 vehicle charging stations of any level. If there is a decimal in the 16 calculation of the percentage of parking spaces, such decimal shall be 17 rounded to the next largest whole number; 18 (iii) a multi-unit residential building with at least eleven parking 19 spaces shall have one hundred percent of available parking spaces be 20 level 2 electric vehicle capable parking spaces, which shall include at 21 least forty percent of available parking spaces as electric vehicle 22 charging stations of any level. If there is a decimal in the calculation 23 of the percentage of parking spaces, such decimal shall be rounded to 24 the next largest whole number; 25 (iv) a privately-owned commercial building with between one and ten 26 parking spaces shall have one hundred percent of available parking spac- 27 es be level 2 electric vehicle capable parking spaces, which shall 28 include at least twenty percent of available parking spaces as level 2 29 electric vehicle charging stations or direct current fast charging 30 stations. For the purposes of this subdivision, level 2 electric vehicle 31 charging station shall mean an electric vehicle charging station that 32 provides an alternating current power source at a minimum of 208/240 33 volts and 40-ampere, and direct current fast charging station shall mean 34 an electric vehicle charging station that is capable of providing a 35 direct current power source at a minimum of 50 kilowatts; 36 (v) a privately-owned commercial building with at least eleven parking 37 spaces shall have one hundred percent of available parking spaces be 38 electric vehicle capable parking spaces, which shall include at least 39 forty percent of available parking spaces as level 2 electric vehicle 40 charging stations or direct current fast charging stations; and 41 (vi) a privately-owned commercial building subject to the requirements 42 of subparagraph (iv) or (v) of this paragraph, the installation of one 43 direct current fast charging station shall be considered equivalent to 44 five level 2 electric vehicle charging stations. 45 c. Requirements for installation of electric vehicle charging stations 46 under this subdivision may be met by installing multiple electric vehi- 47 cle charging stations on a single branch circuit, when used in conjunc- 48 tion with an electric vehicle energy management system to control charg- 49 ing station loads. For the purposes of this subdivision, electric 50 vehicle energy management system shall mean a system to control electric 51 vehicle charging station loads comprised of a monitor or monitors, 52 communications equipment, a controller or controllers, a timer or timers 53 and other applicable devices. 54 d. The owner of a building subject to paragraph b of this subdivision 55 may apply to the local department of buildings or similar entity for a 56 waiver of the requirements of this subdivision, which such local depart-
S. 1736--A 3 1 ment of buildings or similar entity may grant if such owner can demon- 2 strate that the provisions present an undue hardship due to limitations 3 of the local utility provider, or that the geographic location of the 4 site is such that compliance would result in a significant burden on the 5 owner. 6 § 2. This act shall take effect April 1, 2024 and shall apply to 7 contracts for new construction entered into on and after such date.