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 Transportations 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. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1.Paragraph (c) of subsection (4) of section 50 334.046, Florida Statutes, is amended to read: 51 334.046Department mission, goals, and objectives. 52 (4)At a minimum, the departments 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: 64 339.0802Allocation 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: 74 339.286Electric 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. 93 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: 154 366.94Electric 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.