Assembly approves bill directing code council to consider EV-ready standards for new buildings

The Assembly on March 12 approved legislation that directs the State Fire Prevention and Building Code Council to consider and adopt standards to make new buildings with off-street parking electric-vehicle (EV) ready.

Sponsor Assemblymember Burrows told the chamber the bill replaces earlier language and places the subject under the energy law while directing the code council to consider standards for EV charging infrastructure in new construction with three or more units and other buildings that include off-street parking. "The bill requires code council to consider standards, i.e., flexibility of adding EV stations to buildings with three or more units," Burrows said. He said the change was written as a chapter amendment after the governor signed the earlier law and that the amendment was intended to allow the council to adopt standards and exemptions where technically infeasible.

Floor questions focused on scope and safeguards. Assemblymember Palmisano and others asked whether the council—s future standards would be mandatory and whether those standards would return to the Legislature for approval; Burrows and supporters said the council is empowered to adopt codes directly and that the bill intentionally grants flexibility to address different local technical and geographic constraints. Critics warned the measure could raise construction costs, affect affordable housing and give unelected bodies expanded authority. Assemblymembers Palmisano, Brown and others urged requiredd detailed cost, feasibility and safety studies and asked about coordination with utilities and NYSERDA incentives. Burrows noted existing federal and state incentives and said the council can consider technical feasibility exemptions.

The bill includes language exempting projects with local, state or federal approval for affordable housing and allows technical infeasibility and geographic exemptions as the code council deems appropriate. Opponents repeatedly asked for mandatory cost or safety study language; supporters said the code council and other agencies will factor feasibility and safety into rulemaking.

The Assembly recorded 89 "ayes" and 55 "nos." Floor readers announced the bill "is passed" and the act—s effective date was read as April 1, 2025. The statute moves authority for code standards to the code council, which meets quarterly and will develop implementing recommendations and any mandatory code changes.

Supporters framed the bill as a way to make new construction easier to electrify over time; opponents said it risks higher costs for housing and businesses and questioned timing and coordination with utilities.