2023 New York Laws › STF - State Finance › Article 2 - General Fiscal Provisions › 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.