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S T A T E O F N E W Y O R K
________________________________________________________________________
4191
2025-2026 Regular Sessions
I N S E N A T E
February 3, 2025
___________
Introduced by Sens. GOUNARDES, COMRIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Energy and Tele-
communications
AN ACT to amend the energy law, in relation to code requirements for
heavy distribution centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The energy law is amended by adding a new section 11-111 to
2 read as follows:
3 § 11-111. SPECIAL CODE REQUIREMENTS FOR HEAVY DISTRIBUTION CENTERS. 1.
4 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
5 FOLLOWING MEANINGS:
6 (A) "ELECTRIC VEHICLE CHARGING STATION" SHALL MEAN A STATION THAT
7 DELIVERS ELECTRICITY FROM A SOURCE OUTSIDE AN ELECTRIC VEHICLE INTO ONE
8 OR MORE ELECTRIC VEHICLES. AN ELECTRIC VEHICLE CHARGING STATION MAY
9 INCLUDE SEVERAL CHARGE POINTS SIMULTANEOUSLY CONNECTING SEVERAL ELECTRIC
10 VEHICLES TO THE STATION AND ANY RELATED EQUIPMENT NEEDED TO FACILITATE
11 CHARGING PLUG-IN ELECTRIC VEHICLES.
12 (B) "HEAVY DISTRIBUTION CENTER" SHALL MEAN A FACILITY THAT (I)
13 CONTAINS AT LEAST FIFTY THOUSAND SQUARE FEET OF TOTAL FLOOR SPACE THAT
14 IS USED FOR WAREHOUSE ACTIVITIES; AND (II) HAS AS ITS PRIMARY PURPOSE
15 THE TEMPORARY STORAGE, SORTING, AND REDISTRIBUTION OF GOODS TO FULFILL
16 E-COMMERCE ORDERS BY RECEIVING SHIPMENTS OF GOODS FROM ONE MODE OF
17 TRANSPORT AND REDISTRIBUTING THOSE GOODS VIA A DELIVERY VEHICLE. A
18 "HEAVY DISTRIBUTION CENTER" SHALL NOT INCLUDE ANY FACILITY WHERE GOODS
19 ARE MANUFACTURED OR ASSEMBLED ON SITE AND TEMPORARILY STORED PRIOR TO
20 DISTRIBUTION, OR ANY FACILITY THAT HAS AS ITS PRIMARY PURPOSE THE TEMPO-
21 RARY STORAGE OF FOOD PRODUCTS FOR WHOLESALE DISTRIBUTION.
22 (C) "LAST MILE DELIVERY" SHALL REFER TO THE FINAL PORTION OF A
23 PARCEL'S JOURNEY FROM A HEAVY DISTRIBUTION CENTER TO A CONSUMER OR END-
24 USER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06569-02-5
S. 4191 2
1 (D) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY
2 COMPANY, SOCIETY, ASSOCIATION, JOINT STOCK COMPANY, CORPORATION, ESTATE,
3 RECEIVER, TRUSTEE, ASSIGNEE, REFEREE OR ANY OTHER PERSON ACTING IN A
4 FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER APPOINTED BY A COURT OR
5 OTHERWISE, ANY COMBINATION OF INDIVIDUALS AND ANY OTHER FORM OF UNINCOR-
6 PORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR MORE PERSONS.
7 (E) "WAREHOUSE OPERATOR" SHALL MEAN ANY PERSON THAT CONDUCTS DAY-TO-
8 DAY OPERATIONS AT A HEAVY DISTRIBUTION CENTER, INCLUDING OPERATIONS
9 CONDUCTED THROUGH THE USE OF THIRD-PARTY CONTRACTORS.
10 2. ELECTRIC VEHICLE CHARGING STATIONS IN HEAVY DISTRIBUTION CENTERS.
11 (A) ALL HEAVY DISTRIBUTION CENTERS SUBJECT TO THE STATE ENERGY CONSERVA-
12 TION CONSTRUCTION CODE AS DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION ONE
13 OF SECTION 11-103 OF THIS ARTICLE SHALL BE EQUIPPED WITH ELECTRIC VEHI-
14 CLE CHARGING STATIONS ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
15 (B) THE SECRETARY OF STATE, IN CONSULTATION WITH THE PRESIDENT OF THE
16 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL
17 PRESCRIBE THE REQUIRED NUMBER OR NUMBERS OF ELECTRIC VEHICLE CHARGING
18 STATIONS PER HEAVY DISTRIBUTION CENTER IN THE CODE IN A MANNER PROPOR-
19 TIONAL TO THE SIZE AND NEEDS OF SUCH WAREHOUSES.
20 3. ANY WAREHOUSE OPERATOR FOUND IN VIOLATION OF THE PROVISIONS OF THIS
21 SECTION SHALL BE LIABLE FOR THE PENALTIES PRESCRIBED IN SECTION 11-108
22 OF THIS ARTICLE.
23 § 2. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law. Effective immediately, the addition, amend-
25 ment and/or repeal of any rule or regulation necessary for the implemen-
26 tation of this act on its effective date are authorized to be made and
27 completed on or before such effective date.