Florida Senate - 2022 SB 920
By Senator Perry
8-00869-22 2022920__
1 A bill to be entitled
2 An act relating to an electric vehicle transportation
3 electrification plan; creating s. 366.945, F.S.;
4 requiring the Public Service Commission to adopt rules
5 for an electric vehicle transportation electrification
6 plan that meet certain requirements; providing
7 timeframes for the commission to propose the plan’s
8 rules and for final rule adoption; authorizing
9 entities that provide electric vehicle charging
10 stations to the public to intervene and participate in
11 certain commission proceedings involving rates, terms,
12 or conditions for offering electric vehicle charging
13 to the public; providing construction; requiring
14 investor-owned electric utilities in violation of
15 certain provisions to take certain actions to come
16 into compliance; providing an effective date.
17
18 WHEREAS, the Legislature finds that the promotion and
19 development of electric vehicle infrastructure in this state
20 through competitively neutral policies for investor-owned
21 electric utility rates, terms, and conditions for electric
22 vehicle charging stations is in the public interest, and
23 WHEREAS, widespread deployment of electric vehicle charging
24 stations is consistent with the public policy of this state, and
25 WHEREAS, the expanded use of electric vehicles provides
26 this state with increased energy security and health and
27 environmental benefits by reducing the consumption of fossil
28 fuels and street-level air pollutants, carbon dioxide, and
29 nitrogen oxides, and
30 WHEREAS, electric vehicle charging station infrastructure
31 has the potential to lessen climate impacts, expand
32 infrastructure investment, improve environmental and economic
33 conditions, and help make this state a leader in new and
34 innovative technologies, NOW, THEREFORE,
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Section 366.945, Florida Statutes, is created to
39 read:
40 366.945 Electric vehicle transportation electrification
41 plan.—
42 (1) The commission shall adopt rules for an electric
43 vehicle transportation electrification plan that facilitates the
44 deployment of electric vehicle charging infrastructure in a
45 competitively neutral manner and that includes reasonable and
46 affordable electric rates for investor-owned electric utilities
47 that offer electric vehicle charging to the public.
48 (a) The rules must include all of the following:
49 1. Investment in publicly available Level 2 and direct
50 current, fast-charging stations in a competitively neutral
51 manner that prioritizes and encourages private investment in and
52 private ownership and operation of electric vehicle charging
53 infrastructure.
54 2. Policies that stimulate innovation, competition, private
55 investment, and customer choice in electric vehicle
56 infrastructure charging equipment and networks.
57 3. Mechanisms, including incentives, which support the
58 efficient and cost-effective use of the electric grid in a
59 manner that supports electric vehicle charging infrastructure.
60 4. Investment incentives that support private investment in
61 charging equipment.
62 5. Policies that prohibit investor-owned electric utilities
63 from using rate base investment in the ownership and operation
64 of electric vehicle charging stations and limit public utility
65 cost recovery to distribution-level system infrastructure on the
66 utility side of the meter.
67 6. Stimulation of fair and reasonable electricity pricing
68 through investor-owned electric utilities’ tariff provisions
69 which will promote the widespread offering of electric vehicle
70 charging.
71 (b) The commission shall propose such rules by January 1,
72 2023, with final rule adoption by January 1, 2024.
73 (2) An entity that provides electric vehicle charging
74 stations to the public may intervene and participate in any
75 investor-owned electric utility’s ratemaking or other commission
76 proceeding involving rates, terms, or conditions, including the
77 rate structure paid by or proposed to be paid by customers for
78 electric vehicle charging offered to the public.
79 (3) This subsection does not prohibit an investor-owned
80 electric utility from providing electric vehicle charging
81 stations directly to the public through a separate, unregulated
82 entity on the same terms and conditions as any other provider of
83 electric vehicle charging stations.
84 (4) If an investor-owned electric utility provides electric
85 vehicle charging stations directly to the public in a manner
86 that violates this section and rules adopted by the commission,
87 within 1 year after the commission adopts rules to implement
88 this section, any electric vehicle charging station
89 infrastructure provided as a rate base asset must be removed
90 from the rate base and, if the vehicle charging is continued,
91 must be provided through a separate, unregulated corporate
92 affiliate.
93 Section 2. This act shall take effect July 1, 2022.