As EV charging stations proliferate across the country, uncertain regulatory situations in some states may be holding back investment. This week, the New York State Public Service Commission removed one potential roadblock, declaring that it does not have jurisdiction over publicly available charging stations.
“The Commission’s determination that it does not have jurisdiction ensures that our regulations and policies help promote the continuing evolution of the market for electric vehicles and for supporting services,” said PSC Chair Audrey Zibelman.
In May, Governor Andrew Cuomo announced a review of the State’s electric regulations and policies to prepare for the Governor’s Charge NY initiative to create a statewide network of up to 3,000 charging stations over the next five years. As part of this effort, the PSC was directed to review existing policies.
The PSC determined that since a charging station is providing a service distinct from the provision of electricity, it is not an electric plant, and the owners or operators of charging stations do not fall within the definition of an electric corporation. Therefore, public chargers do not fall under the Public Service Law.
The PSC’s decision does not diminish other regulatory requirements that might exist, for instance local permitting and inspection processes designed to ensure that charging equipment is installed safely.