N.Y. State Finance Law § 19-a: Parking facilities; support for electric vehicle charging stations

§ 19-a. Parking facilities; support for electric vehicle charging

stations. 1. For purposes of this section:

(a) the term "construction project" shall mean construction work

involving or including the construction of a new parking facility done

under contract which is paid for in whole or in part out of public funds

as such term is defined in section two hundred twenty-four-a of the

labor law. Any construction associated with the creation or

rehabilitation of residential dwelling units or manufactured home parks

that are exempted from the definition of "covered projects" as set forth

in section two hundred twenty-four-a of the labor law shall also be

exempted from this section; and

(b) the term "parking facility" shall mean a parking garage, parking

structure, or open parking lot that is paved and striped to designate

individual parking spaces for vehicles and which has fifty parking

spaces or more.

2. Any construction project undertaken in this state where the scope

of such project includes the construction of a new parking facility that

offers between fifty and two hundred parking spaces shall deliver a

parking facility capable of supporting electric vehicle charging

stations for a minimum of ten percent of available parking spaces

through one or more electrical raceways to the electric supply panel

serving such parking facility that shall be capable of providing a

minimum of forty amperes and two hundred eight volts of electrical

capacity to each charging station connected to the raceway. A common

raceway may be used to serve multiple parking spaces. Each raceway shall

terminate in close proximity to the parking spaces designated for

electric vehicles and into a suitable listed cabinet, box, or other

enclosure. Each such raceway, cabinet, box and enclosure and all other

components and work appurtenant thereto shall be in accordance with all

applicable state, county, city, town, or village electrical codes.

3. Any construction project undertaken in this state where the scope

of such project includes the construction of a new parking facility that

offers more than two hundred parking spaces shall deliver a parking

facility capable of supporting electric vehicle charging stations for a

minimum of twenty percent of available parking spaces through one or

more electrical raceways to the electric supply panel serving such

parking facility that shall be capable of providing a minimum of forty

amperes and two hundred eight volts of electrical capacity to each

charging station connected to the raceway. A common raceway may be used

to serve multiple parking spaces. Each raceway shall terminate in close

proximity to the parking spaces designated for electric vehicles and

into a suitable listed cabinet, box, or other enclosure. Each such

raceway, cabinet, box, and enclosure and all other components and work

appurtenant thereto shall be in accordance with all applicable state,

county, city, town, or village electrical codes.

4. Nothing in this section shall require the installation of electric

vehicle charging stations or any other infrastructure in any parking

facility except as provided in subdivisions two and three of this

section; provided that any construction projects undertaken pursuant to

subdivisions two and three of this section shall be subject to the

provisions of section two hundred twenty-four-a of the labor law as

applicable, provided, however, that any installation of electric vehicle

charging stations or any other infrastructure shall comply with the

provisions of article eight of the labor law, including the payment of

prevailing wage pursuant to section two hundred twenty of the labor law

in the locality where such parking facility is located. Provided,

further, however, that nothing in this section shall be interpreted to

modify the applicability or requirements set forth in article eight of

the labor law.

5. For any construction project covered by this section, the

provisions of subdivision two or three of this section shall not apply

if the state entity, political subdivision of the state, or other public

authority, public benefit corporation or governmental unit that is

providing the public funds for the construction project finds, in

consultation with the energy research and development authority and the

department of public service, that complying with such provisions would

not be in the public interest or would result in unnecessary hardship.

In making this determination, the state entity or other governmental

unit may consider the availability of sufficient electrical transmission

or distribution infrastructure or capacity. The state entity or other

governmental unit may consider whether to grant a full or partial

exemption from the requirements of subdivision two or three of this

section and whether there are alternative means to meet the objectives

of this section. Any exemption determination by a state agency or other

governmental unit shall be in writing, provided to the project owner,

and posted publicly on such state entity or governmental unit website.

6. The requirements of this section are intended to set a minimum

standard for the installation of electric vehicle charging

infrastructure in construction projects. If the construction project is

subject to any local, state, or federal law, regulation, code, or

ordinance that requires a higher percentage of parking spaces to have

charging infrastructure or requires a greater amount of charging

infrastructure, the construction project shall be required to comply

with those requirements rather than the requirements of this section.