Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 138
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2021           .                                

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