State Says It Lacks Authority Over EV Charging Stations

The New York PSC has ruled that it does not have jurisdiction over publicly available electric vehicle charging stations.

"By reducing regulatory barriers, the Commission's decision will encourage the development of electric vehicle charging stations, and the use of electric vehicles overall," the PSC said.

"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.

The Commission 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. "The Commission's determination, however, does not diminish its ability to respond to changes in the market in which charging stations operate," the PSC said.

Under the Public Service Law (PSL), this Commission's jurisdiction extends to the manufacture, conveying, transportation, sale or distribution of electricity for light, heat or power, to electric plant and to the entities owning, leasing or operating electric plant. Charging stations do not fall within the definition of "electric plant" because charging stations are not used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light heat or power, the PSC said..

Instead, charging stations simply provide a service. This service requires the use of specialized equipment and allows the customer to do only one thing, charge a battery. The primary purpose of the transaction between charging station owners/operators and members of the public is the purchase of this service and the use of this specialized equipment.