Babylon hears some static over proposed EV charger rules

The Town of Babylon’s proposed new regulations on electric vehicle chargers were challenged Wednesday by several residents who told the town board that the measures are too restrictive and could discourage people from buying the vehicles.

The town held a public hearing on the proposed legislation, at which five people spoke out against what they said was "overkill" in how the town would dictate where certain types of chargers can be located.

Town officials said they sought to "get ahead" of a surge in electric vehicle purchases and create the regulations after witnessing an increase in EV charger building permit applications.

According to the U.S. Energy Information Administration, the percentage of light-duty vehicles sold in the United States in the second quarter that were hybrid electric, battery electric or plug-in hybrid electric vehicles increased 2 points year over year. 

The proposed legislation in Babylon classifies where chargers can be located by how much voltage they require. Level 1 chargers, for example, would be allowed only in residentially zoned areas and could be mounted only on the inside or the outside of residential garage walls.

Level 2 chargers could be in any zone, but Level 3 chargers would be allowed only in business and industrial zones. They would also need to be set back at least 10 feet and to be located 30 feet from any building.

The new regulations would prohibit chargers in public parking garages or parking areas located beneath buildings. They also wouldn't be allowed to be mounted on the walls of any multiresidential or commercial building.

Level 1 chargers outside single-family homes would still need a building permit, as the town currently requires, but under the new legislation, Level 2 and 3 chargers would also need a departmental review.

Anthony Cardali, Babylon’s chief fire marshal, told Newsday previously that most EV fires aren't due to chargers but to battery malfunctions. He said that in the past, chargers at multiresidential buildings have often been placed near the front of those dwellings, which heightened fire safety concerns.

Ralph Infantino, of Wheatley Heights, said the proposed legislation goes too far when it comes to multifamily and single-family homes. He urged the board to delay passing the regulations, saying other towns might follow suit with similar laws "disincentivizing EV adoption."

Infantino asserted that EV fires are rare compared with gas-run vehicle fires.

"Having overly restrictive rules may only discourage and prevent EV charging equipment installation and not really have an impact on fires," he told the board. 

State Department of Motor Vehicles data indicates there are nearly 63,000 electric vehicle registrations on Long Island over the past two years. There are more than 2.2 million gas vehicle registrations over the same period for the Island.

West Babylon resident Kevin Abraham said he owns an electric vehicle.

"There are safeguards on these EVs as far as charging," he told the board, saying the systems can detect problems and shut down. "I hope we do not adopt this legislation, because it’s going to change anyone from trying to purchase EVs."

Town Supervisor Richard Schaffer said those who spoke against the proposed legislation would have the opportunity to work with the town’s planning department on possible revisions to it.

"If there are amendments to what was initially proposed, we’ll schedule another public hearing and have everyone come back, and I assume there will be some amendments," he told those at the hearing.

On Thursday, town spokesperson Ryan Bonner said town officials are "taking a close look at all of the comments and suggestions residents made" at the meeting.