STATE OF NEW YORK ________________________________________________________________________ 98 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to building make- ready electrical infrastructure for the charging of electric vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 66-x to read as follows: 3 § 66-x. Make-ready electrical infrastructure. 1. Legislative intent 4 and purpose. It is the intent and purpose of this section to implement 5 cost effective and unified treatment by electric corporations of elec- 6 trical distribution infrastructure, and certain customer-owned make- 7 ready infrastructure, needed to charge electric vehicles; and provide 8 for certain costs of such infrastructure to be included in electric 9 corporations' rate bases and generally recovered through rates or 10 surcharges, instead of directly from the customers served by such 11 infrastructure. Nothing in this section shall modify any obligation of 12 an electric corporation to provide a full and accurate accounting of 13 costs related to electrical distribution infrastructure needed to charge 14 electric vehicles. 15 2. Definitions. For the purposes of this section the following terms 16 shall have the following meanings: 17 (a) "Electrical distribution infrastructure" means any utility facili- 18 ties used to distribute electric service to customers, and includes 19 poles, vaults, service drops, transformers, mounting pads, trenching, 20 conduit, wire, cable, meters, other equipment as necessary, and associ- 21 ated engineering and civil construction work. 22 (b) "Utility-owned make-ready costs" means any capital investment in 23 electrical distribution infrastructure needed to connect and serve a new EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00265-01-5
S. 98 2 1 electric vehicle charger, including step down transformers, overhead 2 service lines, and utility meters. 3 (c) "Customer-owned make-ready costs" means any capital investment in 4 equipment or infrastructure beyond the utility service point necessary 5 to make a site, other than a single-family residence, ready to accept an 6 electric vehicle charger, including conductors, trenching, and panels. 7 (d) "Disadvantaged community" means a community defined as a disadvan- 8 taged community under article seventy-five of the environmental conser- 9 vation law. 10 (e) "Public serving fleet" means a fleet of vehicles owned, leased, or 11 contracted by the state, any municipality, public authority or school 12 district that owns, leases, or contracts more than twenty-five vehicles. 13 3. Reasonable efforts required. Electric corporations shall make 14 reasonable efforts to ensure that any infrastructure built pursuant to 15 this section is efficiently sized and operated. Such efforts may 16 include, but not be limited to, considering customers' reasonably fore- 17 seeable load management activities and deployments of distributed energy 18 resources. 19 4. Application. No later than sixty days after the effective date of 20 this section, all electric corporations shall file an application with 21 the commission to establish a tariff that shall replace the line exten- 22 sion rules currently used by such electric corporations. Such tariff, at 23 a minimum, shall: 24 (a) provide for such electric corporation to deploy customer-side 25 make-ready infrastructure; 26 (b) authorize such electric corporation to include in its base rate 27 one hundred percent of all reasonable and prudent utility-owned make- 28 ready costs; 29 (c) authorize such electronic corporation to include in its base rate 30 of reasonable and prudent customer-side make-ready costs needed to 31 prepare a site for electric vehicle charging in the following manner: 32 (i) a minimum fifty percent or higher where authorized by the commis- 33 sion, of customer-owned make-ready costs in locations that are not with- 34 in two miles of a disadvantaged community zone; 35 (ii) one hundred percent of customer-owned make-ready costs located 36 within a disadvantaged community or disadvantaged community zone; 37 (iii) one hundred percent of customer-owned make-ready costs for 38 public serving fleets; and 39 (d) provide that the portion of customer-owned make-ready costs 40 included in the electric corporation's rate base shall not be charged 41 directly or solely to the customer served by such make-ready infrastruc- 42 ture. 43 5. Disadvantaged community zone. For the purposes of this section the 44 commission shall define the term "disadvantaged community zone". 45 6. Cost treatment and recovery for utility-owned make-ready costs. All 46 electric corporations shall maintain budgets for its costs incurred 47 under this section. The portion of customer-owned make-ready costs 48 incurred by an electric corporation pursuant to subdivision four of this 49 section shall be treated in accordance with a depreciation or amorti- 50 zation schedule as authorized by the commission. Any electric corpo- 51 ration may recover the revenue requirement associated with such costs 52 through a surcharge mechanism until its base rates are reset. Any elec- 53 tric corporation seeking to recover such costs through a surcharge mech- 54 anism shall include such proposal as part of its application filed 55 pursuant to subdivision four of this section.
S. 98 3 1 7. Approval of tariffs. The commission shall, after notice and oppor- 2 tunity for public comment and within ninety days of the filing of the 3 tariff, approve, or modify and approve, such tariff. 4 § 2. This act shall take effect immediately.