N.Y.C. Admin. Code § 28-315.12.1: § 28-315.12.1 EVSE requirements for department of consumer and worker protecton licensed parking garages and open parking lots.

Parking garages and open parking lots with 10 or more parking spaces that are required to be licensed by the department of consumer and worker protection or successor agency in accordance with section 20-321 shall ensure that no less than 20 percent of parking spaces in existing parking garages and open parking lots shall be equipped with level 2 charging stations and 40 percent of parking spaces be capable of supporting level 2 charging stations by January 1, 2035. For purposes of compliance with this section, the installation of 1 direct current fast charging station shall be considered to be the equivalent of 10 level 2 charging stations, provided the installation of direct current fast charging stations shall not be used to satisfy more than 50 percent of the level 2 charging stations required. Owners of such parking garages and open parking lots shall submit a report of compliance with this section to the department within 60 days after final inspection of such installation in a form and manner specified by the department.

Exceptions. The commissioner may grant an adjustment to or waiver of any of the provisions of this section with respect to a parking garage or open parking lot where:

1. The project costs exceed the baseline costs for EVSE installation as determined by the department in accordance with recommendations of the department of transportation, and the owner is complying with the requirements of this section to the maximum extent practicable and has availed itself of all available federal, state, city, private, and utility incentive programs related to EVSE for which it reasonably could participate;

2. For a parking garage or open parking lot that utilizes equipment that enables vehicles to be parked vertically and the owner demonstrates that such vertical parking would make the use of EVSE infeasible, an adjustment may be granted so that only spaces where EVSE could feasibly be used will be required to do so to the maximum extent practicable to meet the requirements under this section;

3. The owner demonstrates that compliance with this section would compromise the structural integrity of the parking structure; or

4. The owner demonstrates that compliance with this section is not feasible for other reasons as established by the department by rule.

(L.L. 2024/055, 4/6/2024, eff. 12/21/2025)