Bill Text: NY A03179 | 2021-2022 | General Assembly | Amended
Bill Title: Requires electric vehicle charging stations and electric vehicle capable parking spaces at certain residential and commercial buildings.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Introduced - Dead) 2022-05-31 - ordered to third reading rules cal.444 [A03179 Detail]
Download: New_York-2021-A03179-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3179--D 2021-2022 Regular Sessions IN ASSEMBLY January 22, 2021 ___________ Introduced by M. of A. FAHY, GOTTFRIED, JACKSON, McDONALD, DICKENS, THIELE, SEAWRIGHT, BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK, L. ROSENTHAL, OTIS -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Governmental Operations in accordance with Assem- bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- 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 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07051-10-2A. 3179--D 2 1 (i) a one, two or three-family home equipped with a garage, driveway 2 or parking lot, or other off-street parking, shall have at least one 3 electric vehicle capable parking space. For the purposes of this 4 subparagraph, "new construction" shall mean the erection of an entirely 5 new structure not attached or affiliated with any existing construction 6 on the property. "New construction" shall not include a new addition or 7 capital improvement to existing construction nor shall it constitute an 8 addition to the property; 9 (ii) a multi-unit residential building with between two and ten park- 10 ing spaces shall have at least seventy-five percent of available parking 11 spaces be electric vehicle capable parking spaces, which shall include 12 at least twenty percent of available parking spaces as electric vehicle 13 charging stations. If there is a decimal in the calculation of the 14 percentage of parking spaces, such decimal shall be rounded to the next 15 largest whole number; 16 (iii) a multi-unit residential building with at least eleven parking 17 spaces shall have one hundred percent of available parking spaces be 18 electric vehicle capable parking spaces, which shall include at least 19 forty percent of available parking spaces as electric vehicle charging 20 stations. If there is a decimal in the calculation of the percentage of 21 parking spaces, such decimal shall be rounded to the next largest whole 22 number; 23 (iv) a privately-owned commercial building with between two and ten 24 parking spaces shall have one hundred percent of available parking spac- 25 es be electric vehicle capable parking spaces, which shall include at 26 least twenty percent of available parking spaces as electric vehicle 27 charging stations with at least a 208-240 volt, 40 amp circuit; 28 (v) a privately-owned commercial building with at least eleven parking 29 spaces shall have one hundred percent of available parking spaces be 30 electric vehicle capable parking spaces, which shall include at least 31 forty percent of available parking spaces as electric vehicle charging 32 stations with at least a 208-240 volt, 40 amp circuit; and 33 (vi) a privately-owned commercial building subject to the requirements 34 of subparagraph (iv) or (v) of this paragraph, the installation of one 35 400-900 volt direct current fast charging station shall be considered 36 equivalent to five required electric vehicle charging stations of lower 37 voltage. 38 c. For the purposes of this subdivision, "privately-owned commercial 39 building" shall mean any newly constructed commercial building under 40 private contract which has not received state capital funding for such 41 construction. 42 d. The owner of a building subject to paragraph b of this subdivision 43 may apply to the local department of buildings or similar entity for a 44 waiver of the requirements of this subdivision, which such local depart- 45 ment of buildings or similar entity may grant if such owner can demon- 46 strate that the provisions present an undue hardship due to limitations 47 of the local utility provider, or that the geographic location of the 48 site is such that compliance would result in a significant burden on the 49 owner. 50 § 2. This act shall take effect April 1, 2023 and shall apply to 51 contracts for new construction entered into on and after such date.
