STATE OF NEW YORK ________________________________________________________________________

6836

2019-2020 Regular Sessions

IN SENATE

November 8, 2019 ___________

Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation to parking in electric vehicle charging spaces

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Paragraph 1 of subdivision (a) of section 1202 of the vehi- 2 cle and traffic law, as amended by chapter 679 of the laws of 1970, 3 subparagraph k as amended by chapter 267 of the laws of 1998, is amended 4 to read as follows: 5 1. Stop, stand or park a vehicle: 6 a. On the roadway side of any vehicle stopped, standing or parked at 7 the edge or curb of a street; 8 b. On a sidewalk; 9 c. Within an intersection, except when permitted by official signs or 10 parking meters on the side of a highway opposite a street which inter- 11 sects but does not cross such highway; 12 d. On a cross walk; 13 e. Between a safety zone and the adjacent curb or within thirty feet 14 of points on the curb immediately opposite the ends of a safety zone, 15 unless a different distance is indicated by official signs, markings or 16 parking meters; 17 f. Alongside or opposite any street excavation or obstruction when 18 stopping, standing or parking would obstruct traffic; 19 g. Upon any bridge or other elevated structure upon a highway or with- 20 in a highway tunnel, unless otherwise indicated by official signs, mark- 21 ings or parking meters; 22 h. On any railroad tracks; 23 i. In the area between roadways of a divided highway, including cross- 24 overs, except in an emergency;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13759-02-9

S. 6836 2

1 j. On a state expressway highway or state interstate route highway, 2 including the entrances thereto and exits therefrom, which are a part 3 thereof, except in an emergency[.]; 4 k. Engage in the retail sale of frozen desserts as that term is 5 defined in subdivision thirty-seven of section three hundred seventy- 6 five of this chapter directly to pedestrians on any highway having a 7 speed limit in excess of thirty miles per hour. Nothing herein shall be 8 construed to prohibit the operator of such vehicle from stopping such 9 vehicle off such highway, in a safe manner, for the sole purpose of 10 delivering such retail product directly to the residence of a consumer 11 or to the business address of a customer of such retailer[.]; 12 l. In a space designated as provided in this subparagraph for the 13 exclusive purpose of charging an electric vehicle at an electric vehicle 14 charging station, unless such vehicle is an electric vehicle connected 15 to such charging station. Provided, however, that an electric motor 16 vehicle disconnected from the electric vehicle charging station for no 17 more than thirty continuous minutes while stopped, standing or parked in 18 such designated space shall not be in violation of this subparagraph. 19 Parking spaces designated for the exclusive purpose of charging an elec- 20 tric vehicle at an electric vehicle charging station shall be clearly 21 identified, and such designation shall include conspicuous and perma- 22 nently installed above grade signs which shall be positioned from the 23 parking space surface at a height of not less than five feet nor more 24 than seven feet and which identify such space as an electric vehicle 25 charging station, indicate that such space is only for electric vehicle 26 charging and include any day or time restrictions. For the purposes of 27 this subparagraph, the term "electric vehicle" shall mean a motor vehi- 28 cle that is propelled at least in part by an electric motor and associ- 29 ated power electronics which provide acceleration torque to the drive 30 wheels sometime during normal vehicle operation, and that draws elec- 31 tricity from a battery or hydrogen fuel cell that is capable of being 32 recharged from an external source of electricity, such that the external 33 source of electricity cannot be connected to the vehicle while the vehi- 34 cle is in motion, and the term "electric vehicle charging station" shall 35 mean the equipment needed to convey electric power from the electric 36 grid or another power source to an onboard motor vehicle energy storage 37 system. 38 ยง 2. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law.