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.