Bill Text: NY A01122 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires commercial garages containing electric vehicle charging stations to ensure public access to such charging stations at commercially reasonable rental or fee rates.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Vetoed) 2023-12-22 - tabled [A01122 Detail]

Download: New_York-2023-A01122-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1122

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by M. of A. EPSTEIN, THIELE -- read once and referred to the
          Committee on Governmental Operations

        AN ACT to amend the state finance law, in relation to requiring  commer-
          cial  garages  containing electric vehicle charging stations to ensure
          public access to such charging stations commercially reasonable rental
          or fee rates

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  state finance law is amended by adding a new section
     2  18-a to read as follows:
     3    § 18-a. Parking facilities; fees for electric vehicle  charging.    1.
     4  For the purposes of this section the term "commercial garage" shall mean
     5  any  privately  owned  building  or  facility  where  motor vehicles are
     6  parked, stored, serviced, or repaired, and whose  space  and  facilities
     7  are  available  to  the  public  for a parking fee without regard to the
     8  residence, business or employment of the motor vehicle owner or operator
     9  utilizing such space or facilities.
    10    2. Beginning upon the effective date of this section  and  thereafter,
    11  any owner or operator of a commercial garage that receives funds, loans,
    12  credits,  or  tax  incentives, or that receives a waiver or reduction of
    13  any fee or surcharge required to be  paid  by  a  utility,  or  that  is
    14  financed  in  whole  or  in  part  by any utility ratepayers, from or on
    15  behalf of the power authority of the state of New  York,  the  New  York
    16  state  energy  research  and development authority or the public service
    17  commission,  for  purposes  related   to   a   project   involving   the
    18  construction,  acquisition,  installation,  reconstruction, improvement,
    19  maintenance, equipping, furnishing or leasing  of  an  electric  vehicle
    20  charging station, shall be required to develop and implement a policy to
    21  ensure  public  access  to  electric  vehicle  charging  at commercially
    22  reasonable rental or fee rates.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01089-01-3
        A. 1122                             2

     1    3. Such policy required under subdivision two of  this  section  shall
     2  include, but not be limited to: (a) waiving any and all parking fees for
     3  any motor vehicle owner or operator utilizing such commercial garage for
     4  the  sole  purpose  of  accessing and using an electric vehicle charging
     5  station  located  in  such  commercial garage; (b) adopting commercially
     6  reasonable rental or fee rates for any  time  that  such  motor  vehicle
     7  owner  or  operator  is  actively accessing or using an electric vehicle
     8  charging station in such commercial garage; and (c) charging  additional
     9  fees,  such  as  dwell fees, as the owner or operator of such commercial
    10  garage may deem appropriate and necessary, for any time that such  motor
    11  vehicle owner or operator is utilizing such commercial garage but is not
    12  actively using an electric vehicle charging station.
    13    4.  The  public  service  commission,  in  consultation with the power
    14  authority of the state of  New  York  and  the  New  York  state  energy
    15  research  and  development  authority, shall have the authority to adopt
    16  regulations and issue guidance to effectuate any of  the  provisions  of
    17  this section.
    18    5.  Nothing  contained  in  this  section  shall  impair  any existing
    19  contract, award, or other agreement, except that any renewal, amendment,
    20  or modification of any such contract, award or agreement occurring on or
    21  after the effective date of this section shall be subject to the  condi-
    22  tions specified in this section.
    23    § 2. This act shall take effect on the one hundred eightieth day after
    24  it  shall have become a law. Effective immediately, the addition, amend-
    25  ment and/or repeal of any rule or regulation necessary for the implemen-
    26  tation of this act on its effective date are authorized to be  made  and
    27  completed on or before such effective date.