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