Assembly approves bill requiring fee transparency at publicly funded EV chargers after debate over 'publicly accessible' language

Assemblymember Barrett’s bill to require fee-transparency standards for electric vehicle charging stations that received public funds cleared the Assembly on a 126-11 vote on May 22.

The measure (Assembly bill A.7633, calendar 103) directs the Department of Public Service to develop standards for displaying pricing at charging stations that received rebates, grants, tax benefits or other direct public funding, as well as stations funded through a commission-approved charge on ratepayers. “This bill would require the Department of Public Service to establish fee transparency standards for electric vehicle charging stations that have received public funds,” Barrett said, adding the standards would apply to new chargers and stations undergoing “significant upgrades” so “New Yorkers are able to access these chargers while knowing how much they are being charged.”

The bill drew sustained questioning from Assemblymember Palmisano, who warned the text does not explicitly limit the requirements to chargers that are both publicly funded and publicly accessible. “If this would be the law without changes, a residential homeowner who gets funds from NYSERDA to put in a charger based on the letter of the law … would have to post an apartment complex that could be private with a gated access,” Palmisano said, summarizing his concern that privately restricted chargers could be swept into the statute’s scope.

Barrett said the measure’s intent is to cover publicly accessible chargers that received public funds and not private subscription services. “This legislation is only directed at public chargers that receive public funds and doesn't address private subscription services,” she said. She told colleagues that the Public Service Commission’s implementing rules could clarify details and indicated she was open to a technical change made after passage. When Palmisano asked whether Barrett would support adding explicit statutory language limiting the requirement to publicly accessible chargers, Barrett said she would: “Absolutely. Yeah.”

Assembly debate and the exchange on scope did not prevent passage. The clerk recorded 126 ayes and 11 noes. The bill’s text sets an immediate effective date; implementing standards will be developed by the Department of Public Service through rulemaking.

Clarifying details discussed on the floor included that the bill applies to chargers that received a rebate, grant, tax benefit or other direct funding from the state, or funds gathered through a commission-approved charge on ratepayers. Lawmakers referenced NYSERDA and industry stakeholders during the exchange as parties that could be affected by the statute and its implementing rules.

The sponsor cited research from Hudson Valley Pattern for Progress as background for the policy, saying that organization recommended clearer on-site pricing disclosures because posted pricing at some chargers was inconsistent or difficult for users to find.

What happens next: the bill passed the Assembly and will move to the Senate (and then to the governor) for final action. Barrett signaled willingness to pursue a chapter amendment or other technical fix to add statutory language specifying that the transparency requirements apply to publicly accessible chargers, an explicit change Palmisano said would secure his support in a future vote.

Votes at a glance: Assembly A.7633 — Passed, 126 yes, 11 no.