Florida Senate - 2022                                     SB 918
       By Senator Brandes
       24-00026B-22                                           2022918__
    1                        A bill to be entitled                      
    2         An act relating to electric vehicle charging
    3         infrastructure; amending s. 334.046, F.S.; revising a
    4         requirement for the Department of Transportation’s
    5         goals relating to mobility; creating s. 339.0802,
    6         F.S.; requiring that certain funds be used for
    7         specified purposes relating to the Electric Vehicle
    8         Infrastructure Grant Program, beginning in a specified
    9         fiscal year; providing for future expiration; creating
   10         s. 339.286, F.S.; requiring the department to
   11         establish the Electric Vehicle Infrastructure Grant
   12         Program; providing the purpose of the program;
   13         providing for the distribution of grants to certain
   14         entities to install electric vehicle charging
   15         infrastructure; providing grant requirements;
   16         providing requirements for equipment installed using
   17         grant funds; requiring the department to develop and
   18         publish criteria for the prioritization of grant
   19         applications and to maintain a prioritized list of
   20         approved applications; requiring the department to
   21         continually review emerging research, policies, and
   22         standards; requiring the department to publish certain
   23         information; authorizing the department to develop a
   24         model plan for specified entities; requiring the
   25         department to adopt rules; amending s. 366.94, F.S.;
   26         prohibiting certain rules adopted by the Department of
   27         Agriculture and Consumer Services from requiring
   28         specific methods of sale for electric vehicle charging
   29         equipment used and services provided in this state;
   30         revising persons who may charge a certain civil
   31         penalty; requiring the Department of Transportation to
   32         seek programmatic federal approval for the issuance of
   33         permits and for the accommodation as a utility of the
   34         installation of electric vehicle charging stations in
   35         highway rights-of-way; requiring the department to
   36         conduct a certain review and, if it makes a certain
   37         determination, to provide legislative recommendations
   38         to the Legislature; requiring the department to
   39         immediately begin necessary revisions to its rules and
   40         policies in accordance with enacted legislation;
   41         requiring the department to submit a certain program
   42         for federal approval by a specified date; specifying a
   43         requirement for the request relating to electric
   44         vehicle charging station fees; providing effective
   45         dates.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Paragraph (c) of subsection (4) of section
   50  334.046, Florida Statutes, is amended to read:
   51         334.046 Department mission, goals, and objectives.—
   52         (4) At a minimum, the department’s goals shall address the
   53  following prevailing principles.
   54         (c) Mobility.—Ensuring a cost-effective, statewide,
   55  interconnected transportation system. Improvement of travel
   56  choices to ensure mobility includes planning and establishment
   57  of infrastructure for innovative technologies, including
   58  electric vehicle charging infrastructure.
   59         Section 2. Effective upon the same date that SB ___ or
   60  similar legislation takes effect, only if such legislation is
   61  adopted in the same legislative session or an extension thereof
   62  and becomes a law, section 339.0802, Florida Statutes, is
   63  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 law. Beginning in
   69  fiscal year 2024-2025, all increased revenues must be used to
   70  fund the Electric Vehicle Infrastructure Grant Program created
   71  by s. 339.286. This section expires on December 31, 2031.
   72         Section 3. Section 339.286, Florida Statutes, is created to
   73  read:
   74         339.286 Electric Vehicle Infrastructure Grant Program.—
   75         (1) The department shall establish the Electric Vehicle
   76  Infrastructure Grant Program. The purpose of the program is to
   77  provide financial assistance to encourage the installation of
   78  electric vehicle charging infrastructure.
   79         (2) State agencies, public universities, public transit
   80  agencies, ports, airports, and local governments, including
   81  local housing authorities and libraries, may apply to the
   82  department for grants for the purpose of installing publicly
   83  available electric vehicle charging infrastructure on public or
   84  private property.
   85         (3) A grant may be awarded for:
   86         (a) Technical assistance for the development and adoption
   87  of:
   88         1. A local or regional plan that establishes an electric
   89  vehicle charging infrastructure;
   90         2.Any action plans necessary to address any infrastructure
   91  gaps; and
   92         3. Steps necessary to complete the infrastructure plan.
   94  A plan must address actions to deploy the necessary
   95  infrastructure in high-density housing areas and low-income to
   96  moderate-income areas.
   97         (b) Assistance with the purchase of related equipment and
   98  the costs of installation of that equipment to provide electric
   99  vehicle charging. Such equipment must be capable of collecting
  100  and reporting data, use standard connectors, and be available to
  101  the public.
  102         (4)(a)An applicant may apply for a grant for both
  103  technical assistance and equipment purchase and installation. A
  104  grant for technical assistance requires a minimum match of funds
  105  from the applicant of 30 percent of the grant award, but such
  106  match is not required for an applicant located in a fiscally
  107  constrained county as described in s. 218.67(1). A grant for
  108  equipment purchase and installation requires a minimum match of
  109  funds from the applicant in the amount of 60 percent of the
  110  total project cost for alternating-current, Level 2 charging
  111  infrastructure and 20 percent of the total project cost for
  112  direct-current, fast-charging infrastructure. The matching funds
  113  must be from nonstate resources, but may include private funds
  114  provided through a partnership with a private entity or in-kind
  115  contributions, such as the donation of equipment, services, or
  116  land or use of land for establishment of the electric vehicle
  117  charging infrastructure. Grant funds may not subsidize the cost
  118  for the use of electricity except at locations where a fee for
  119  such use is prohibited by law. Twenty percent of the funds
  120  available under the grant program must be reserved for
  121  applicants or projects in fiscally constrained counties as
  122  described in s. 218.67(1). An applicant may partner with a
  123  private sector entity to install electric vehicle charging
  124  infrastructure on private property in the same county or local
  125  jurisdiction as the applicant.
  126         (b) The department shall develop and publish criteria for
  127  prioritizing the grant applications and shall maintain a
  128  prioritized list of approved grant applications. The prioritized
  129  list must include recommended funding levels for each
  130  application and, if staged implementation is appropriate, must
  131  provide funding requirements for each stage. Grants must be
  132  prioritized based on the extent to which the activities of the
  133  grant will encourage growth in the use of electric vehicles and
  134  increase the availability of charging locations along evacuation
  135  routes. A grant for equipment purchase and installation that
  136  will immediately and most effectively serve those who currently
  137  own or operate electric vehicles may receive priority.
  138         (5)The department shall continually review emerging
  139  research, policies, and standards related to electric vehicle
  140  charging infrastructure and innovations in the use of electric
  141  vehicles. Using such information, the department shall publish
  142  best practices for the establishment of electric vehicle
  143  charging infrastructure, model infrastructure plan development
  144  and components, and other significant information for the
  145  implementation and use of electric vehicle charging
  146  infrastructure. The department may develop a model plan that
  147  state agencies, public universities, public transit agencies,
  148  ports, airports, and local governments may use as a guide to
  149  establish an electric vehicle charging infrastructure plan.
  150         (6) The department shall adopt rules to administer this
  151  section.
  152         Section 4. Section 366.94, Florida Statutes, is amended to
  153  read:
  154         366.94 Electric vehicle charging stations.—
  155         (1) The provision of electric vehicle charging to the
  156  public by a nonutility is not the retail sale of electricity for
  157  the purposes of this chapter. The rates, terms, and conditions
  158  of electric vehicle charging services by a nonutility are not
  159  subject to regulation under this chapter. This section does not
  160  affect the ability of individuals, businesses, or governmental
  161  entities to acquire, install, or use an electric vehicle charger
  162  for their own vehicles.
  163         (2) The Department of Agriculture and Consumer Services
  164  shall adopt rules to provide definitions, methods of sale,
  165  labeling requirements, and price-posting requirements for
  166  electric vehicle charging stations to allow for consistency for
  167  consumers and the industry. Rules implemented under this
  168  subsection may not require specific methods of sale for electric
  169  vehicle charging equipment used in, and electric vehicle
  170  charging services provided in, this state.
  171         (3)(a) It is unlawful for a person to stop, stand, or park
  172  a vehicle that is not capable of using an electrical recharging
  173  station within any parking space specifically designated for
  174  charging an electric vehicle.
  175         (b) If a law enforcement officer or parking enforcement
  176  specialist finds a motor vehicle in violation of this
  177  subsection, the officer or specialist shall charge the operator
  178  or other person in charge of the vehicle in violation with a
  179  noncriminal traffic infraction, punishable as provided in s.
  180  316.008(4) or s. 318.18.
  181         Section 5. Electric vehicle charging stations as a utility
  182  in highway rights-of-way; Department of Transportation to seek
  183  programmatic approval.
  184         (1) In accordance with Federal Highway Administration
  185  guidance, “State DOTs Leveraging Alternative Uses of the Highway
  186  Right-of-Way Guidance,” the Department of Transportation shall
  187  begin coordination with the appropriate Federal Highway
  188  Administration Division Office to seek programmatic approval for
  189  the issuance of Department of Transportation permits and any
  190  necessary related approvals to accommodate as a utility the
  191  installation of electric vehicle charging stations in the
  192  interstate and noninterstate highway rights-of-way in this
  193  state.
  194         (2) The department shall review existing applicable state
  195  laws, rules, and policies and determine whether they are
  196  sufficiently broad under applicable federal law to accommodate
  197  electric vehicle charging stations in the highway rights-of-way
  198  as a utility, as provided in the federal guidance. If the
  199  department determines that state laws and rules are
  200  insufficient, the department must recommend for consideration by
  201  the 2023 Legislature appropriate statutory revisions necessary
  202  to accommodate such stations as a utility. If enacted, the
  203  department must immediately begin any necessary revisions to its
  204  rules and policies in accordance with the enacted legislation.
  205         (3) By October 1, 2023, the department shall submit for
  206  approval from the Federal Highway Administration a program,
  207  including, if necessary, a revised utility accommodation policy,
  208  to authorize the department to issue permits for installation as
  209  a utility electric vehicle charging stations in the rights-of
  210  way of interstate and noninterstate highways. The request for
  211  programmatic approval must include a provision for assessment of
  212  a fee to the user of electric vehicle charging stations at
  213  locations where such a fee is not prohibited by federal law.
  214         Section 6. Except as otherwise expressly provided in this
  215  act, this act shall take effect July 1, 2022.