406.9.8 Electric vehicle supply equipment (EVSE).
BC § 406.9.8
A new open parking lot and an existing open parking lot on the same tax lot or appurtenant to a building owned by the same owner of such open parking lot undergoing such significant alterations as established by the department by rule shall be capable of supporting and be equipped with EVSE in accordance with this section. A minimum of 20 percent of the parking spaces in such an open parking lot shall be equipped with level 2 charging stations. At least 60 percent of the parking spaces of the lot shall be capable of supporting EVSE. The installation of 1 direct current fast charging station shall be considered the equivalent of 10 level 2 charging stations, and 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 for purposes of compliance with this section. This amount of electrical capacity may be coupled with an electric vehicle load management system to distribute power to a greater percentage of spaces at lower amperage as EVSE penetration increases above 40 percent of parking spaces. All components and work appurtenant thereto, including ventilation system(s), shall be in accordance with the New York City Electrical Code and the New York City Mechanical Code. Exceptions: 1. The commissioner may waive compliance with this section if the commissioner determines that the open parking lot is a temporary facility that will be in service no longer than 3 years.
2.The commissioner, upon consultation with the commissioner of housing preservation and development, shall grant a waiver of the requirements of this section for a parking garage within or appurtenant to a multiple dwelling in which 100 percent of dwelling units are required, pursuant to a federal, state, or local law, rule, or program to be affordable for tenants or owners where the occupant’s income relative to the area median income does not exceed a fixed percentage or percentages, and that is subject to an actual or anticipated agreement with a federal, state, or local governmental entity for the purposes of providing affordable housing in a given locality or region.
3.The commissioner of citywide administrative services may waive or adjust compliance with this section for parking lots on city owned or leased real property or the New York city housing authority may waive or adjust compliance with respect to real property owned or leased by such authority where such commissioner or authority, as applicable, determines that the installation of EVSE to the extent required by this section is not feasible for budgetary, operational, or programmatic reasons with respect to the ongoing citywide installation of EVSE or with respect to the issuance of a license or lease to a private person or entity to operate a parking lot.
4.The commissioner may waive or adjust compliance with this section if the commissioner finds that, upon submission of evidence from the owner, the provisions present an undue hardship resulting from technical infeasibility, including but not limited to: 4.1. The open parking lot utilizes equipment that enables vehicles to be parked vertically and the owner demonstrates that such vertical parking would make the use of EVSE infeasible, provided 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; or 4.2. The owner provides evidence that a waiver or adjustment is necessary in order to comply with Appendix G. (Am. L.L. 2024/055, 4/6/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/130 and L.L. 2024/055.
