§ 19-A — Parking facilities; support for electric vehicle charging stations

§ 19-a. Parking facilities; support for electric vehicle charging\nstations. 1. For purposes of this section:\n (a) the term "construction project" shall mean construction work\ninvolving or including the construction of a new parking facility done\nunder contract which is paid for in whole or in part out of public funds\nas such term is defined in section two hundred twenty-four-a of the\nlabor law. Any construction associated with the creation or\nrehabilitation of residential dwelling units or manufactured home parks\nthat are exempted from the definition of "covered projects" as set forth\nin section two hundred twenty-four-a of the labor law shall also be\nexempted from this section; and\n (b) the term "parking facility" shall mean a parking garage, parking\nstructure, or open parking lot that is paved and striped to designate\nindividual parking spaces for vehicles and which has fifty parking\nspaces or more.\n 2. Any construction project undertaken in this state where the scope\nof such project includes the construction of a new parking facility that\noffers between fifty and two hundred parking spaces shall deliver a\nparking facility capable of supporting electric vehicle charging\nstations for a minimum of ten percent of available parking spaces\nthrough one or more electrical raceways to the electric supply panel\nserving such parking facility that shall be capable of providing a\nminimum of forty amperes and two hundred eight volts of electrical\ncapacity to each charging station connected to the raceway. A common\nraceway may be used to serve multiple parking spaces. Each raceway shall\nterminate in close proximity to the parking spaces designated for\nelectric vehicles and into a suitable listed cabinet, box, or other\nenclosure. Each such raceway, cabinet, box and enclosure and all other\ncomponents and work appurtenant thereto shall be in accordance with all\napplicable state, county, city, town, or village electrical codes.\n 3. Any construction project undertaken in this state where the scope\nof such project includes the construction of a new parking facility that\noffers more than two hundred parking spaces shall deliver a parking\nfacility capable of supporting electric vehicle charging stations for a\nminimum of twenty percent of available parking spaces through one or\nmore electrical raceways to the electric supply panel serving such\nparking facility that shall be capable of providing a minimum of forty\namperes and two hundred eight volts of electrical capacity to each\ncharging station connected to the raceway. A common raceway may be used\nto serve multiple parking spaces. Each raceway shall terminate in close\nproximity to the parking spaces designated for electric vehicles and\ninto a suitable listed cabinet, box, or other enclosure. Each such\nraceway, cabinet, box, and enclosure and all other components and work\nappurtenant thereto shall be in accordance with all applicable state,\ncounty, city, town, or village electrical codes.\n 4. Nothing in this section shall require the installation of electric\nvehicle charging stations or any other infrastructure in any parking\nfacility except as provided in subdivisions two and three of this\nsection; provided that any construction projects undertaken pursuant to\nsubdivisions two and three of this section shall be subject to the\nprovisions of section two hundred twenty-four-a of the labor law as\napplicable, provided, however, that any installation of electric vehicle\ncharging stations or any other infrastructure shall comply with the\nprovisions of article eight of the labor law, including the payment of\nprevailing wage pursuant to section two hundred twenty of the labor law\nin the locality where such parking facility is located. Provided,\nfurther, however, that nothing in this section shall be interpreted to\nmodify the applicability or requirements set forth in article eight of\nthe labor law.\n 5. For any construction project covered by this section, the\nprovisions of subdivision two or three of this section shall not apply\nif the state entity, political subdivision of the state, or other public\nauthority, public benefit corporation or governmental unit that is\nproviding the public funds for the construction project finds, in\nconsultation with the energy research and development authority and the\ndepartment of public service, that complying with such provisions would\nnot be in the public interest or would result in unnecessary hardship.\nIn making this determination, the state entity or other governmental\nunit may consider the availability of sufficient electrical transmission\nor distribution infrastructure or capacity. The state entity or other\ngovernmental unit may consider whether to grant a full or partial\nexemption from the requirements of subdivision two or three of this\nsection and whether there are alternative means to meet the objectives\nof this section. Any exemption determination by a state agency or other\ngovernmental unit shall be in writing, provided to the project owner,\nand posted publicly on such state entity or governmental unit website.\n 6. The requirements of this section are intended to set a minimum\nstandard for the installation of electric vehicle charging\ninfrastructure in construction projects. If the construction project is\nsubject to any local, state, or federal law, regulation, code, or\nordinance that requires a higher percentage of parking spaces to have\ncharging infrastructure or requires a greater amount of charging\ninfrastructure, the construction project shall be required to comply\nwith those requirements rather than the requirements of this section.\n