Florida Senate - 2021                                     SB 138
       By Senator Brandes
       24-00281A-21                                           2021138__
    1                        A bill to be entitled                      
    2         An act relating to electric vehicles; amending s.
    3         316.003, F.S.; revising definitions; authorizing the
    4         Department of Transportation to adopt rules; amending
    5         s. 334.046, F.S.; revising the department’s goals
    6         relating to mobility; creating s. 339.0802, F.S.;
    7         requiring that certain funds be used for specified
    8         purposes relating to the Electric Vehicle
    9         Infrastructure Grant Program, beginning in a specified
   10         year; requiring that certain funds remain in the State
   11         Transportation Trust Fund, beginning in a specified
   12         year; providing for future expiration of the
   13         requirements; creating s. 339.286, F.S.; requiring the
   14         department to establish the Electric Vehicle
   15         Infrastructure Grant Program; providing the purpose of
   16         the program; providing for the distribution of grants
   17         to certain entities to install electric vehicle
   18         charging infrastructure; providing grant requirements;
   19         providing requirements for equipment installed using
   20         grant funds; requiring the department to develop and
   21         publish criteria for the prioritization of grant
   22         applications and to maintain a prioritized list of
   23         approved applications; requiring the department to
   24         continually review emerging research, policies, and
   25         standards; requiring the department to publish certain
   26         information; authorizing the department to develop a
   27         model plan for local governments; requiring the
   28         department to adopt rules; amending s. 366.94, F.S.;
   29         specifying that certain rules adopted by the
   30         Department of Agriculture and Consumer Services may
   31         not require specific methods of sale for electric
   32         vehicle charging equipment used in, and services
   33         provided in, this state; providing an appropriation;
   34         providing effective dates.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Subsections (2) and (56) of section 316.003,
   39  Florida Statutes, are amended to read:
   40         316.003 Definitions.—The following words and phrases, when
   41  used in this chapter, shall have the meanings respectively
   42  ascribed to them in this section, except where the context
   43  otherwise requires:
   44         (2) AUTOCYCLE.—A three-wheeled motorcycle that has two
   45  wheels in the front and one wheel in the back; is equipped with
   46  a roll cage or roll hoops, a seat belt for each occupant,
   47  antilock brakes that meet the requirements of Federal Motor
   48  Vehicle Safety Standard No. 122, a steering mechanism wheel, and
   49  seating that does not require the operator to straddle or sit
   50  astride it; and is manufactured in accordance with the
   51  applicable federal motorcycle safety standards in 49 C.F.R. part
   52  571 by a manufacturer registered with the National Highway
   53  Traffic Safety Administration.
   54         (56) PERSONAL DELIVERY DEVICE.—An electrically powered
   55  device that:
   56         (a) Is operated on sidewalks and crosswalks and intended
   57  primarily for transporting property;
   58         (b) Has a weight that does not exceed the maximum weight
   59  established by Department of Transportation rule Weighs less
   60  than 80 pounds, excluding cargo;
   61         (c) Has a maximum speed of 10 miles per hour or, if the
   62  Department of Transportation establishes by rule a maximum
   63  speed, has a speed that does not exceed that maximum; and
   64         (d) Is equipped with technology to allow for operation of
   65  the device with or without the active control or monitoring of a
   66  natural person.
   68  A personal delivery device is not considered a vehicle unless
   69  expressly defined by law as a vehicle. A mobile carrier is not
   70  considered a personal delivery device. The Department of
   71  Transportation may adopt rules to implement this subsection.
   72         Section 2. Paragraph (c) of subsection (4) of section
   73  334.046, Florida Statutes, is amended to read:
   74         334.046 Department mission, goals, and objectives.—
   75         (4) At a minimum, the department’s goals shall address the
   76  following prevailing principles.
   77         (c) Mobility.—Ensuring a cost-effective, statewide,
   78  interconnected transportation system. Improvement of travel
   79  choices to ensure mobility includes planning and establishment
   80  of infrastructure for innovative technologies, including
   81  electric vehicle charging infrastructure.
   82         Section 3. Effective upon Senate Bill ___ or other similar
   83  legislation being enacted in the 2021 Regular Session or an
   84  extension thereof and becoming a law, section 339.0802, Florida
   85  Statutes, is created to read:
   86         339.0802 Allocation of increased license tax revenues from
   87  licensure of electric and hybrid vehicles.—Funds that result
   88  from increased revenues to the State Transportation Trust Fund
   89  derived under s. 320.08001(2) and (3) must be used as set forth
   90  in this section, notwithstanding any other provision of law.
   91         (1) Beginning in the 2021-2022 fiscal year, and annually
   92  for 4 fiscal years thereafter, all increased revenues must be
   93  used to fund the Electric Vehicle Infrastructure Grant Program.
   94         (2) Beginning in the 2026-2027 fiscal year, all increased
   95  revenues must remain in the State Transportation Trust Fund to
   96  be used for authorized purposes.
   97         (3) This section expires on December 31, 2030.
   98         Section 4. Section 339.286, Florida Statutes, is created to
   99  read:
  100         339.286 Electric Vehicle Infrastructure Grant Program.—
  101         (1) The department shall establish the Electric Vehicle
  102  Infrastructure Grant Program. The purpose of the program is to
  103  provide financial assistance to encourage the installation of
  104  electric vehicle charging infrastructure.
  105         (2) State agencies, public universities, public transit
  106  agencies, ports, airports, and local governments, including
  107  local housing authorities and libraries, may apply to the
  108  department for grants for the purpose of installing publicly
  109  available electric vehicle charging infrastructure on public or
  110  private property.
  111         (3) A grant may be awarded for:
  112         (a) Technical assistance for the development and adoption
  113  of:
  114         1. A local or regional plan that establishes an electric
  115  vehicle charging infrastructure;
  116         2.Any action plans necessary to address any infrastructure
  117  gaps; and
  118         3. Steps necessary to complete the infrastructure plan.
  120  A plan must address actions to deploy the necessary
  121  infrastructure in high-density housing areas and low-income to
  122  moderate-income areas.
  123         (b) Assistance with the purchase of related equipment and
  124  the costs of installation of that equipment to provide electric
  125  vehicle charging. Such equipment must be capable of collecting
  126  and reporting data, use standard connectors, and be available to
  127  the public.
  128         (4)(a)An applicant may apply for a grant for both
  129  technical assistance and equipment purchase and installation. A
  130  grant for technical assistance requires a minimum match of funds
  131  from the applicant of 30 percent of the grant award, but such
  132  match is not required for an applicant that is located in a
  133  fiscally constrained county as defined in s. 218.67(1). A grant
  134  for equipment purchase and installation requires a minimum match
  135  of funds from the applicant in the amount of 60 percent of the
  136  total project cost for alternating-current, Level 2 charging
  137  infrastructure, or 20 percent of the total project cost for
  138  direct-current, fast charging infrastructure. The matching funds
  139  must be from nonstate resources, but may include private funds
  140  provided through a partnership with a private entity or in-kind
  141  contributions such as the donation of equipment, services, or
  142  land or use of land for establishment of the electric vehicle
  143  charging infrastructure. Grant funds may not subsidize the cost
  144  for the use of electricity. Twenty percent of the funds
  145  available under the grant program must be reserved for
  146  applicants or projects in fiscally constrained counties as
  147  defined in s. 218.67(1). An applicant may partner with a
  148  private-sector entity to install charging infrastructure on
  149  private property in the same county or local jurisdiction as the
  150  applicant.
  151         (b) The department shall develop and publish criteria for
  152  prioritizing the grant applications and shall maintain a
  153  prioritized list of approved grant applications. The prioritized
  154  list must include recommended funding levels for each
  155  application and, if staged implementation is appropriate,
  156  provide funding requirements for each stage. Grants must be
  157  prioritized based on the extent to which the activities of the
  158  grant will encourage growth in the use of electric vehicles and
  159  increase the availability of charging locations along evacuation
  160  routes. A grant for equipment purchase and installation that
  161  will immediately and most effectively serve those who currently
  162  own or operate electric vehicles may receive priority.
  163         (5)The department shall continually review emerging
  164  research, policies, and standards related to electric vehicle
  165  infrastructure. Using such information, the department shall
  166  publish best practices for the establishment of electric vehicle
  167  charging infrastructure, model infrastructure plan development
  168  and components, and other significant information for the
  169  implementation and use of electric vehicle charging
  170  infrastructure. The department may develop a model plan that
  171  local governments may use as a guide to establish an electric
  172  vehicle charging infrastructure plan.
  173         (6) The department shall adopt rules to administer this
  174  section.
  175         Section 5. Section 366.94, Florida Statutes, is amended to
  176  read:
  177         366.94 Electric vehicle charging stations.—
  178         (1) The provision of electric vehicle charging to the
  179  public by a nonutility is not the retail sale of electricity for
  180  the purposes of this chapter. The rates, terms, and conditions
  181  of electric vehicle charging services by a nonutility are not
  182  subject to regulation under this chapter. This section does not
  183  affect the ability of individuals, businesses, or governmental
  184  entities to acquire, install, or use an electric vehicle charger
  185  for their own vehicles.
  186         (2) The Department of Agriculture and Consumer Services
  187  shall adopt rules to provide definitions, methods of sale,
  188  labeling requirements, and price-posting requirements for
  189  electric vehicle charging stations to allow for consistency for
  190  consumers and the industry. Rules implemented under this
  191  subsection may not require specific methods of sale for electric
  192  vehicle charging equipment used in, and services provided in,
  193  this state.
  194         (3)(a) It is unlawful for a person to stop, stand, or park
  195  a vehicle that is not capable of using an electrical recharging
  196  station within any parking space specifically designated for
  197  charging an electric vehicle.
  198         (b) If a law enforcement officer or specialist finds a
  199  motor vehicle in violation of this subsection, the officer or
  200  specialist shall charge the operator or other person in charge
  201  of the vehicle in violation with a noncriminal traffic
  202  infraction, punishable as provided in s. 316.008(4) or s.
  203  318.18.
  204         Section 6. For the 2021-2022 fiscal year, the sum of $5
  205  million in nonrecurring funds is appropriated from the State
  206  Transportation Trust Fund to the Department of Transportation
  207  for the purpose of implementing the Electric Vehicle
  208  Infrastructure Grant Program created in s. 339.286, Florida
  209  Statutes.
  210         Section 7. Except as otherwise expressly provided in this
  211  act, this act shall take effect July 1, 2021.