Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. PCS (300690) for SB 1126
Ì971056,Î971056
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete line 402
4 and insert:
5 Section 12. Present subsections (24) through (105) of
6 section 316.003, Florida Statutes, are redesignated as
7 subsections (25) through (106), respectively, a new subsection
8 (24) is added to that section, and subsection (2) and present
9 subsections (56) and (62) of that section are amended, to read:
10 316.003 Definitions.—The following words and phrases, when
11 used in this chapter, shall have the meanings respectively
12 ascribed to them in this section, except where the context
13 otherwise requires:
14 (2) AUTOCYCLE.—A three-wheeled motorcycle that has two
15 wheels in the front and one wheel in the back; is equipped with
16 a roll cage or roll hoops, a seat belt for each occupant,
17 antilock brakes that meet the requirements of Federal Motor
18 Vehicle Safety Standard No. 122, a steering mechanism wheel, and
19 seating that does not require the operator to straddle or sit
20 astride it; and is manufactured in accordance with the
21 applicable federal motorcycle safety standards in 49 C.F.R. part
22 571 by a manufacturer registered with the National Highway
23 Traffic Safety Administration.
24 (24) ELECTRIC VERTICAL TAKEOFF AND LANDING AIRCRAFT.—A type
25 of aircraft that uses electric power to hover, take off, and
26 land vertically.
27 (57)(56) PERSONAL DELIVERY DEVICE.—An electrically powered
28 device that:
29 (a) Is operated on sidewalks and crosswalks and intended
30 primarily for transporting property;
31 (b) Has a weight that does not exceed the maximum weight
32 established by Department of Transportation rule Weighs less
33 than 80 pounds, excluding cargo;
34 (c) Has a maximum speed of 10 miles per hour or, if the
35 Department of Transportation establishes by rule a maximum
36 speed, has a speed that does not exceed that maximum; and
37 (d) Is equipped with technology to allow for operation of
38 the device with or without the active control or monitoring of a
39 natural person.
40
41 A personal delivery device is not considered a vehicle unless
42 expressly defined by law as a vehicle. A mobile carrier is not
43 considered a personal delivery device. The Department of
44 Transportation may adopt rules to implement this subsection.
45 (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
46 provided in paragraph (85)(b) (84)(b), any privately owned way
47 or place used for vehicular travel by the owner and those having
48 express or implied permission from the owner, but not by other
49 persons.
50 Section 13. Paragraph (c) of subsection (4) of section
51 334.046, Florida Statutes, is amended to read:
52 334.046 Department mission, goals, and objectives.—
53 (4) At a minimum, the department’s goals shall address the
54 following prevailing principles.
55 (c) Mobility.—Ensuring a cost-effective, statewide,
56 interconnected transportation system. Improvement of travel
57 choices to ensure mobility includes planning and establishment
58 of infrastructure for innovative technologies, including
59 electric vehicle charging infrastructure.
60 Section 14. Effective upon SB 140 or other similar
61 legislation being enacted in the 2021 Regular Session or an
62 extension thereof and becoming a law, section 339.0802, Florida
63 Statutes, is created to read:
64 339.0802 Allocation of increased license tax revenues from
65 licensure of electric and hybrid vehicles.—Funds that result
66 from increased revenues to the State Transportation Trust Fund
67 derived under s. 320.08001(2) and (3) must be used as set forth
68 in this section, notwithstanding any other provision of law.
69 Beginning in the 2023-2024 fiscal year, all increased revenues
70 must be used to fund the Electric Vehicle Infrastructure Grant
71 Program created by s. 339.286. This section expires on December
72 31, 2030.
73 Section 15. Section 339.286, Florida Statutes, is created
74 to read:
75 339.286 Electric Vehicle Infrastructure Grant Program.—
76 (1) The department shall establish the Electric Vehicle
77 Infrastructure Grant Program. The purpose of the program is to
78 provide financial assistance to encourage the installation of
79 electric vehicle charging infrastructure.
80 (2) State agencies, public universities, public transit
81 agencies, ports, airports, and local governments, including
82 local housing authorities and libraries, may apply to the
83 department for grants for the purpose of installing publicly
84 available electric vehicle charging infrastructure on public or
85 private property.
86 (3) A grant may be awarded for:
87 (a) Technical assistance for the development and adoption
88 of:
89 1. A local or regional plan that establishes an electric
90 vehicle charging infrastructure;
91 2. Any action plans necessary to address any infrastructure
92 gaps; and
93 3. Steps necessary to complete the infrastructure plan.
94
95 A plan must address actions to deploy the necessary
96 infrastructure in high-density housing areas and low-income to
97 moderate-income areas.
98 (b) Assistance with the purchase of related equipment and
99 the costs of installation of that equipment to provide electric
100 vehicle charging. Such equipment must be capable of collecting
101 and reporting data, use standard connectors, and be available to
102 the public.
103 (4)(a) An applicant may apply for a grant for both
104 technical assistance and equipment purchase and installation. A
105 grant for technical assistance requires a minimum match of funds
106 from the applicant of 30 percent of the grant award, but such
107 match is not required for an applicant that is located in a
108 fiscally constrained county as described in s. 218.67(1). A
109 grant for equipment purchase and installation requires a minimum
110 match of funds from the applicant in the amount of 60 percent of
111 the total project cost for alternating-current, Level 2 charging
112 infrastructure; 20 percent of the total project cost for direct
113 current, fast-charging infrastructure; or 20 percent of the
114 total project cost for high-powered charging infrastructure for
115 electric aircraft, including, but not limited to, electric
116 vertical takeoff and landing aircraft, and semi-trucks. The
117 matching funds must be from nonstate resources, but may include
118 private funds provided through a partnership with a private
119 entity or in-kind contributions such as the donation of
120 equipment, services, or land or use of land for establishment of
121 the electric vehicle charging infrastructure. Grant funds may
122 not subsidize the cost for the use of electricity. Twenty
123 percent of the funds available under the grant program must be
124 reserved for applicants or projects in fiscally constrained
125 counties as described in s. 218.67(1). An applicant may partner
126 with a private sector entity to install charging infrastructure
127 on private property in the same county or local jurisdiction as
128 the applicant.
129 (b) The department shall develop and publish criteria for
130 prioritizing the grant applications and shall maintain a
131 prioritized list of approved grant applications. The prioritized
132 list must include recommended funding levels for each
133 application and, if staged implementation is appropriate, must
134 provide funding requirements for each stage. Grants must be
135 prioritized based on the extent to which the activities of the
136 grant will encourage growth in the use of electric vehicles and
137 increase the availability of charging locations along evacuation
138 routes. A grant for equipment purchase and installation that
139 will immediately and most effectively serve those who currently
140 own or operate electric vehicles may receive priority.
141 (5) The department shall continually review emerging
142 research, policies, and standards related to electric vehicle
143 infrastructure and innovations in the use of electric vehicles.
144 Using such information, the department shall publish best
145 practices for the establishment of electric vehicle charging
146 infrastructure, model infrastructure plan development and
147 components, and other significant information for the
148 implementation and use of electric vehicle charging
149 infrastructure. The department may develop a model plan that
150 state agencies, public universities, public transit agencies,
151 ports, airports, and local governments may use as a guide to
152 establish an electric vehicle charging infrastructure plan.
153 (6) The department shall adopt rules to administer this
154 section.
155 Section 16. Subsection (2) of section 339.287, Florida
156 Statutes, is amended to read:
157 339.287 Electric vehicle charging stations; infrastructure
158 plan development.—
159 (2)(a) The department shall coordinate, develop, and
160 recommend a master plan and a supplemental master plan for
161 current and future plans for the development of electric vehicle
162 charging station infrastructure along the State Highway System,
163 as defined in s. 334.03(24). The plans must include
164 recommendations for legislation and may include other
165 recommendations as determined by the department.
166 1. The department shall develop the recommended master plan
167 and submit the recommended master plan it to the Governor, the
168 President of the Senate, and the Speaker of the House of
169 Representatives by July 1, 2021. The plan must include
170 recommendations for legislation and may include other
171 recommendations as determined by the department.
172 2. The department shall submit the recommended supplemental
173 master plan to the Governor, the President of the Senate, and
174 the Speaker of the House of Representatives by July 1, 2023. The
175 supplemental master plan must address innovations in electric
176 vehicle charging station infrastructure occurring since the
177 submission of the recommended master plan and the development of
178 high-powered charging infrastructure for electric aircraft. The
179 supplemental master plan also must make recommendations related
180 to charging station infrastructure along the State Highway
181 System and at airports, seaports, and other ports in light of
182 these innovations.
183 (b) The department, in consultation with the Public Service
184 Commission and the Office of Energy within the Department of
185 Agriculture and Consumer Services, and any other public or
186 private entities as necessary or appropriate, shall be primarily
187 responsible for the following goals and objectives in developing
188 the plans plan:
189 1. Identifying the types or characteristics of possible
190 locations for electric vehicle charging station infrastructure
191 along the State Highway System to support a supply of electric
192 vehicle charging stations that will:
193 a. Accomplish the goals and objectives of this section;
194 b. Support both short-range and long-range electric vehicle
195 travel;
196 c. Encourage the expansion of electric vehicle use in this
197 state; and
198 d. Adequately serve evacuation routes in this state.
199 2. Identifying any barriers to the use of electric vehicles
200 and electric vehicle charging station infrastructure both for
201 short-range and long-range electric vehicle travel along the
202 State Highway System.
203 3. Identifying an implementation strategy for expanding
204 electric vehicle and charging station infrastructure use in this
205 state.
206 4. Quantifying the loss of revenue to the State
207 Transportation Trust Fund due to the current and projected
208 future use of electric vehicles in this state and summarizing
209 efforts of other states to address such revenue loss.
210 (c) The Public Service Commission, in consultation with the
211 department and the Office of Energy within the Department of
212 Agriculture and Consumer Services, and any other public or
213 private entities as necessary or appropriate, shall be primarily
214 responsible for the following goals and objectives in developing
215 the plans plan:
216 1. Projecting the increase in the use of electric vehicles
217 in this state over the next 20 years and determining how to
218 ensure an adequate supply of reliable electric vehicle charging
219 stations to support and encourage this growth in a manner
220 supporting a competitive market with ample consumer choice.
221 2. Evaluating and comparing the types of electric vehicle
222 charging stations available at present and which may become
223 available in the future, including the technology and
224 infrastructure incorporated in such stations, along with the
225 circumstances within which each type of station and
226 infrastructure is typically used, including fleet charging, for
227 the purpose of identifying any advantages to developing
228 particular types or uses of these stations.
229 3. Considering strategies to develop this supply of
230 charging stations, including, but not limited to, methods of
231 building partnerships with local governments, other state and
232 federal entities, electric utilities, the business community,
233 and the public in support of electric vehicle charging stations.
234 4. Identifying the type of regulatory structure necessary
235 for the delivery of electricity to electric vehicles and
236 charging station infrastructure, including competitive neutral
237 policies and the participation of public utilities in the
238 marketplace.
239 (d) The Public Service Commission, in consultation with the
240 Office of Energy within the Department of Agriculture and
241 Consumer Services, shall review emerging technologies in the
242 electric and alternative vehicle market, including alternative
243 fuel sources.
244 (e) The department, the Public Service Commission, and the
245 Office of Energy within the Department of Agriculture and
246 Consumer Services may agree to explore other issues deemed
247 necessary or appropriate for purposes of the plans report
248 required by in paragraph (a).
249 (f) By December 1, 2021 December 1, 2020, the department
250 shall file a second status report with the Governor, the
251 President of the Senate, and the Speaker of the House of
252 Representatives containing any preliminary recommendations,
253 including recommendations for legislation.
254 Section 17. Section 366.94, Florida Statutes, is amended to
255 read:
256 366.94 Electric vehicle charging stations.—
257 (1) The provision of electric vehicle charging to the
258 public by a nonutility is not the retail sale of electricity for
259 the purposes of this chapter. The rates, terms, and conditions
260 of electric vehicle charging services by a nonutility are not
261 subject to regulation under this chapter. This section does not
262 affect the ability of individuals, businesses, or governmental
263 entities to acquire, install, or use an electric vehicle charger
264 for their own vehicles.
265 (2) The Department of Agriculture and Consumer Services
266 shall adopt rules to provide definitions, methods of sale,
267 labeling requirements, and price-posting requirements for
268 electric vehicle charging stations to allow for consistency for
269 consumers and the industry. Rules implemented under this
270 subsection may not require specific methods of sale for electric
271 vehicle charging equipment used in, and electrical vehicle
272 charging services provided in, this state.
273 (3)(a) It is unlawful for a person to stop, stand, or park
274 a vehicle that is not capable of using an electrical recharging
275 station within any parking space specifically designated for
276 charging an electric vehicle.
277 (b) If a law enforcement officer or parking enforcement
278 specialist finds a motor vehicle in violation of this
279 subsection, the officer or specialist shall charge the operator
280 or other person in charge of the vehicle in violation with a
281 noncriminal traffic infraction, punishable as provided in s.
282 316.008(4) or s. 318.18.
283 Section 18. Paragraph (a) of subsection (3) of section
284 316.306, Florida Statutes, is amended to read:
285 316.306 School and work zones; prohibition on the use of a
286 wireless communications device in a handheld manner.—
287 (3)(a)1. A person may not operate a motor vehicle while
288 using a wireless communications device in a handheld manner in a
289 designated school crossing, school zone, or work zone area as
290 defined in s. 316.003 s. 316.003(105). This subparagraph shall
291 only be applicable to work zone areas if construction personnel
292 are present or are operating equipment on the road or
293 immediately adjacent to the work zone area. For the purposes of
294 this paragraph, a motor vehicle that is stationary is not being
295 operated and is not subject to the prohibition in this
296 paragraph.
297 2.a. During the period from October 1, 2019, through
298 December 31, 2019, a law enforcement officer may stop motor
299 vehicles to issue verbal or written warnings to persons who are
300 in violation of subparagraph 1. for the purposes of informing
301 and educating such persons of this section. This sub
302 subparagraph shall stand repealed on October 1, 2020.
303 b. Effective January 1, 2020, a law enforcement officer may
304 stop motor vehicles and issue citations to persons who are
305 driving while using a wireless communications device in a
306 handheld manner in violation of subparagraph 1.
307 Section 19. Subsection (1) of section 655.960, Florida
308 Statutes, is amended to read:
309 655.960 Definitions; ss. 655.960-655.965.—As used in this
310 section and ss. 655.961-655.965, unless the context otherwise
311 requires:
312 (1) “Access area” means any paved walkway or sidewalk which
313 is within 50 feet of any automated teller machine. The term does
314 not include any street or highway open to the use of the public,
315 as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
316 including any adjacent sidewalk, as defined in s. 316.003.
317 Section 20. Except as otherwise expressly provided in this
318 act, this act shall take effect July 1, 2021.
319
320 ================= T I T L E A M E N D M E N T ================
321 And the title is amended as follows:
322 Delete line 54
323 and insert:
324 programs; amending s. 316.003, F.S.; defining the term
325 “electric vertical takeoff and landing aircraft”;
326 revising definitions; authorizing the Department of
327 Transportation to adopt rules; amending s. 334.046,
328 F.S.; revising the principles relating to mobility
329 which the department’s goals are required to address;
330 creating s. 339.0802, F.S.; requiring that certain
331 funds be used for specified purposes relating to the
332 Electric Vehicle Infrastructure Grant Program
333 beginning in a specified year; providing for future
334 expiration; creating s. 339.286, F.S.; requiring the
335 department to establish the Electric Vehicle
336 Infrastructure Grant Program; providing the purpose of
337 the program; providing for the distribution of grants
338 to certain entities to install electric vehicle
339 charging infrastructure; providing grant requirements;
340 providing requirements for equipment installed using
341 grant funds; requiring the department to develop and
342 publish criteria for the prioritization of grant
343 applications and to maintain a prioritized list of
344 approved applications; requiring the department to
345 continually review emerging research, policies, and
346 standards; requiring the department to publish certain
347 information; authorizing the department to develop a
348 model plan for specified entities; requiring the
349 department to adopt rules; amending s. 339.287, F.S.;
350 requiring the department to coordinate, develop, and
351 recommend a supplemental master plan to address
352 innovations in electric vehicle charging station
353 infrastructure and the development of high-powered
354 charging infrastructure for electric aircraft;
355 requiring the department to submit the plan to the
356 Governor and the Legislature by a specified date;
357 conforming provisions to changes made by the act;
358 requiring the department to file a second status
359 report with the Governor and the Legislature by a
360 specified date; amending s. 366.94, F.S.; prohibiting
361 certain rules adopted by the Department of Agriculture
362 and Consumer Services from requiring specific methods
363 of sale for electric vehicle charging equipment used
364 and services provided in this state; amending ss.
365 316.306 and 655.960, F.S.; conforming cross
366 references; providing effective dates.