Bill Text: NY A03780 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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--C

                               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 -- read once and referred to the
          Committee on Governmental Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  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 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-
    14  nents,  terminating  in  a receptacle, or outlet, as necessary to enable
    15  electric vehicle charging;
    16    (ii) "level 2 electric vehicle charging station" shall mean  an  elec-
    17  tric vehicle charging station that provides an alternating current power
    18  source at a minimum of 208/240 volts;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03756-13-3
        A. 3780--C                          2

     1    (iii)    "new construction" shall mean the erection of an entirely new
     2  structure  not  attached  or affiliated with any  existing  construction
     3  on  the property. "New construction" shall not include a new addition or
     4  capital improvement to existing construction nor  shall   it  constitute
     5  an addition to the property;
     6    (iv)  "mixed-use building" shall mean a building or structure used for
     7  both residential and commercial  purposes;  provided  that  a  mixed-use
     8  building  shall be considered residential if fifty per centum or less of
     9  the aggregate floor area of such building is used or held out for use as
    10  commercial space, community facility,  or  accessory  use  space  and  a
    11  mixed-use building shall be considered commercial if more than fifty per
    12  centum  of the aggregate floor area of such building is used or held out
    13  for use as commercial space, community facility, or accessory use space;
    14    (v) "direct current fast charging  station"  shall  mean  an  electric
    15  vehicle  charging  station that is capable of providing a direct current
    16  power source at a minimum of 150 kilowatts;
    17    (vi) "electric  vehicle   energy   management   system" shall  mean  a
    18  system to control electric vehicle charging station loads comprised of a
    19  monitor  or monitors, communications equipment, a controller or control-
    20  lers, a timer or timers and other applicable devices; and
    21    (vii)  "automobile  parking  lift"  shall  mean  a  mechanical  device
    22  designed  to  vertically  lift  automobiles  and  store them on a mobile
    23  elevated platform for the purpose of parking.
    24    c. Standards promulgated pursuant to this  subdivision  shall  require
    25  that  the  number  of  electric  vehicle charging stations, and electric
    26  vehicle ready parking spaces pursuant to paragraph a of this subdivision
    27  shall be as follows:
    28    (i) a one, two or three-family home equipped with a  garage,  driveway
    29  or  parking  lot,  or  other off-street parking, shall have at least one
    30  electric vehicle ready parking space at not less than 20-ampere for each
    31  dwelling unit up to the total number of parking spaces;
    32    (ii) a multi-unit residential building with off-street  parking  shall
    33  have  one  hundred percent of available parking spaces be at least elec-
    34  tric vehicle ready parking spaces at  not  less  than  20-ampere,  which
    35  shall  include  at  least  twenty  percent  of  available parking spaces
    36  equipped with level 2 electric vehicle charging  stations  at  not  less
    37  than  20-ampere.    If  there  is  a  decimal  in the calculation of the
    38  percentage of parking spaces, such decimal shall be rounded to the  next
    39  largest  whole number greater than zero. For two adjacent electric vehi-
    40  cle ready parking spaces or level 2 electric vehicle  charging  stations
    41  required  by this subparagraph, a single branch circuit of not less than
    42  40-ampere shall be permitted. For buildings  with  individually  metered
    43  residential units and parking spaces specifically designated for the use
    44  of  individual  units, electric vehicle ready parking spaces and level 2
    45  electric vehicle charging stations  installed  in  such  parking  spaces
    46  shall  be wired to the individual unit's electrical meter, unless deemed
    47  infeasible by the local department of buildings or similar entity having
    48  jurisdiction;
    49    (iii) a commercial building with between one and  ten  parking  spaces
    50  shall  have  at least one available parking space be an electric vehicle
    51  ready parking space at not less than 40-ampere or equipped with a  level
    52  2 electric vehicle charging station at not less than 40-ampere or direct
    53  current fast charging station;
    54    (iv)  a  commercial  building with eleven or more parking spaces shall
    55  have at least twenty percent of available parking  spaces  be  at  least
    56  electric  vehicle ready parking spaces at not less than 40-ampere, which
        A. 3780--C                          3

     1  shall include at least ten percent of available parking spaces  equipped
     2  with  level 2 electric vehicle charging stations at not less than 40-am-
     3  pere or direct current fast charging stations. If there is a decimal  in
     4  the  calculation of the percentage of parking spaces, such decimal shall
     5  be rounded to the nearest whole number greater than  zero.    For  every
     6  additional  electric  vehicle  ready  parking  space or level 2 electric
     7  vehicle charging station beyond the number  required  by  this  subpara-
     8  graph,  two  electric  vehicle  ready parking spaces or level 2 electric
     9  vehicle charging stations required by this subparagraph may be served by
    10  a single branch circuit of not less than 40-ampere;
    11    (v) for a commercial building subject to the requirements of  subpara-
    12  graph  (iv)  of  this  paragraph, the installation of one direct current
    13  fast charging station shall be considered  equivalent  to  ten  level  2
    14  electric  vehicle  charging  stations  or electric vehicle ready parking
    15  spaces; and
    16    (vi) for a building subject to subparagraphs (ii)  and  (iv)  of  this
    17  paragraph  that includes an automobile parking lift, the number of park-
    18  ing spaces used to determine the number  of  required  electric  vehicle
    19  ready  parking  spaces  and  level  2 electric vehicle charging stations
    20  shall equal the total number of  parking  spaces  minus  the  number  of
    21  elevated parking spaces contained in the automobile parking lift.
    22    d. Requirements for installation of electric vehicle charging stations
    23  and  electric vehicle ready parking spaces under this subdivision may be
    24  met by installing multiple electric vehicle charging stations  or  elec-
    25  tric  vehicle ready parking spaces on a single branch circuit, when used
    26  in conjunction with an electric  vehicle  energy  management  system  to
    27  control charging station loads.
    28    e.  The owner of a building subject to paragraph c of this subdivision
    29  may apply to the local department of buildings or similar entity  for  a
    30  waiver of the requirements of this subdivision, which such local depart-
    31  ment  of  buildings or similar entity may grant if such owner can demon-
    32  strate that the provisions present an undue hardship due to  limitations
    33  of  the  local  utility provider, or that the geographic location of the
    34  site is such that compliance would result in a significant burden on the
    35  owner.
    36    f. The requirements of this subdivision shall not apply to one hundred
    37  percent affordable housing. For the purposes of  this  subdivision,  the
    38  term  "one  hundred  percent affordable housing" shall mean a multi-unit
    39  residential building in which one hundred percent of dwelling units  are
    40  required,  pursuant to a federal, state, or local law, rule, or program,
    41  to be affordable for tenants or owners where  the  occupant's  household
    42  income  relative  to  the  area  median  income  does not exceed a fixed
    43  percentage or percentages, and that is subject to an  actual  or  antic-
    44  ipated agreement with a local, state, or federal governmental entity for
    45  the  purposes  of  providing  affordable  housing in a given locality or
    46  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, 2024 and shall apply to
    56  contracts for new construction entered into on and after such date.