Bill Text: NY A03780 | 2023-2024 | General Assembly | Amended
Bill Title: Requires new construction that includes dedicated off-street parking to provide electric vehicle charging stations and electric vehicle ready parking spaces.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Introduced) 2024-06-03 - substituted by s1736e [A03780 Detail]
Download: New_York-2023-A03780-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3780--E 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, McDONALD, SIMONE, RAGA, PAULIN -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, 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 commit- tee -- recommitted to the Committee on Codes in accordance with Assem- bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to requiring new construction that includes dedicated off-street parking to provide electric vehicle charging stations and electric vehicle ready 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 ready parking spaces. 10 b. For the purposes of this subdivision: 11 (i) "electric vehicle ready parking space" shall mean a parking space 12 with a dedicated branch circuit that is not less than 208/240-volt and 13 equipped with circuit breakers and other necessary electrical compo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03756-17-4A. 3780--E 2 1 nents, terminating in a receptacle, or outlet, as necessary to enable 2 electric vehicle charging; 3 (ii) "level 2 electric vehicle charging station" shall mean an elec- 4 tric vehicle charging station that provides an alternating current power 5 source at a minimum of 208/240 volts; 6 (iii) "new construction" shall mean the erection of an entirely new 7 structure not attached or affiliated with any existing construction 8 on the property. "New construction" shall not include a new addition or 9 capital improvement to existing construction nor shall it constitute 10 an addition to the property; 11 (iv) "mixed-use building" shall mean a building or structure used for 12 both residential and commercial purposes; provided that a mixed-use 13 building shall be considered residential if fifty per centum or less of 14 the aggregate floor area of such building is used or held out for use as 15 commercial space, community facility, or accessory use space and a 16 mixed-use building shall be considered commercial if more than fifty per 17 centum of the aggregate floor area of such building is used or held out 18 for use as commercial space, community facility, or accessory use space; 19 (v) "direct current fast charging station" shall mean an electric 20 vehicle charging station that is capable of providing a direct current 21 power source at a minimum of 150 kilowatts; 22 (vi) "electric vehicle energy management system" shall mean a 23 system to control electric vehicle charging station loads comprised of a 24 monitor or monitors, communications equipment, a controller or control- 25 lers, a timer or timers and other applicable devices; and 26 (vii) "automobile parking lift" shall mean a mechanical device 27 designed to vertically lift automobiles and store them on a mobile 28 elevated platform for the purpose of parking. 29 c. Standards promulgated pursuant to this subdivision shall require 30 that the number of electric vehicle charging stations, and electric 31 vehicle ready parking spaces pursuant to paragraph a of this subdivision 32 shall be as follows: 33 (i) a one, two or three-family home equipped with a garage, driveway 34 or parking lot, or other off-street parking, shall have at least one 35 electric vehicle ready parking space at not less than 20-ampere for each 36 dwelling unit up to the total number of parking spaces; 37 (ii) a multi-unit residential building with off-street parking shall 38 have one hundred percent of available parking spaces be at least elec- 39 tric vehicle ready parking spaces at not less than 20-ampere, which 40 shall include at least twenty percent of available parking spaces 41 equipped with level 2 electric vehicle charging stations at not less 42 than 20-ampere. If there is a decimal in the calculation of the 43 percentage of parking spaces, such decimal shall be rounded to the next 44 largest whole number greater than zero. For two adjacent electric vehi- 45 cle ready parking spaces or level 2 electric vehicle charging stations 46 required by this subparagraph, a single branch circuit of not less than 47 40-ampere shall be permitted. For buildings with individually metered 48 residential units and parking spaces specifically designated for the use 49 of individual units, electric vehicle ready parking spaces and level 2 50 electric vehicle charging stations installed in such parking spaces 51 shall be wired to the individual unit's electrical meter, unless deemed 52 infeasible by the local department of buildings or similar entity having 53 jurisdiction; 54 (iii) a commercial building with between one and ten parking spaces 55 shall have at least one available parking space be an electric vehicle 56 ready parking space at not less than 40-ampere or equipped with a levelA. 3780--E 3 1 2 electric vehicle charging station at not less than 40-ampere or direct 2 current fast charging station; 3 (iv) a commercial building with eleven or more parking spaces shall 4 have at least twenty percent of available parking spaces be at least 5 electric vehicle ready parking spaces at not less than 40-ampere, which 6 shall include at least ten percent of available parking spaces equipped 7 with level 2 electric vehicle charging stations at not less than 40-am- 8 pere or direct current fast charging stations. If there is a decimal in 9 the calculation of the percentage of parking spaces, such decimal shall 10 be rounded to the nearest whole number greater than zero. For every 11 additional electric vehicle ready parking space or level 2 electric 12 vehicle charging station beyond the number required by this subpara- 13 graph, two electric vehicle ready parking spaces or level 2 electric 14 vehicle charging stations required by this subparagraph may be served by 15 a single branch circuit of not less than 40-ampere; 16 (v) for a commercial building subject to the requirements of subpara- 17 graph (iv) of this paragraph, the installation of one direct current 18 fast charging station shall be considered equivalent to ten level 2 19 electric vehicle charging stations or electric vehicle ready parking 20 spaces; and 21 (vi) for a building subject to subparagraphs (ii) and (iv) of this 22 paragraph that includes an automobile parking lift, the number of park- 23 ing spaces used to determine the number of required electric vehicle 24 ready parking spaces and level 2 electric vehicle charging stations 25 shall equal the total number of parking spaces minus the number of 26 elevated parking spaces contained in the automobile parking lift. 27 d. Requirements for installation of electric vehicle charging stations 28 and electric vehicle ready parking spaces under this subdivision may be 29 met by installing multiple electric vehicle charging stations or elec- 30 tric vehicle ready parking spaces on a single branch circuit, when used 31 in conjunction with an electric vehicle energy management system to 32 control charging station loads. 33 e. The owner of a building subject to paragraph c of this subdivision 34 may apply to the local department of buildings or similar entity for a 35 waiver of the requirements of this subdivision, which such local depart- 36 ment of buildings or similar entity may grant if such owner can demon- 37 strate that the provisions present an undue hardship due to limitations 38 of the local utility provider, or that the geographic location of the 39 site is such that compliance would result in a significant burden on the 40 owner. 41 f. The requirements of this subdivision shall not apply to affordable 42 housing. For the purposes of this subdivision, the term "affordable 43 housing" shall mean a multi-unit residential building subject to an 44 actual or anticipated agreement with a local, state, or federal govern- 45 mental entity for the purposes of providing affordable housing in a 46 given locality or region. 47 g. Standards promulgated pursuant to this subdivision shall include 48 requirements for clear and prominent signage denoting the availability 49 and location of electric vehicle ready parking spaces and electric vehi- 50 cle charging stations. 51 h. Nothing in this subdivision shall be interpreted or otherwise 52 construed as preempting a municipality from adopting standards, codes, 53 rules, or regulations that are more strict than those contained in this 54 subdivision. 55 § 2. This act shall take effect April 1, 2025 and shall apply to 56 contracts for new construction entered into on and after such date.
