| 47 | | - | SECTION 1. The legislature finds that according to the United States Energy Information Administration, about ninety per cent of the energy consumed in the United States transportation sector comes from petroleum. The legislature believes that establishing an electric vehicle charging system loan program will provide residents of Hawaii equal access to cleaner electric vehicle technologies, as well as help the environment. Electric vehicles and charging stations should be easily accessible to residents of the State to lower daily and monthly costs for families, all while decreasing exposure to vehicle emissions and particulate matter and advancing the State's overall energy and affordability goals. Accordingly, the purpose of this Act is to require the public utilities commission to design and administer an electric vehicle charging system loan program to provide loans to applicants who install eligible electric vehicle charging systems. SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows: "§269-A Electric vehicle charging system; loan program. (a) The public utilities commission, in consultation with electric vehicle stakeholders and the Hawaii state energy office, shall design and administer a loan program that incentivizes the installation of an eligible electric vehicle charging system and may contract with a third-party program administrator or administrators pursuant to section 269-73 to operate and manage the loan program. (b) An applicant may be eligible for a loan under this section if the applicant installs an eligible electric vehicle charging system and is: (1) A low- to moderate-income homeowner, as defined and identified by the program administrators; or (2) An existing or new affordable housing development, as defined and identified by the program administrators. (c) Loans made under this section shall bear no interest for the first five years and thereafter shall be no more than three per cent simple interest. (d) The public utilities commission shall: (1) Apply for any federal funding available to carry out the purposes of this section; (2) Prepare any forms that may be necessary to apply for a loan under this section; and (3) Require each applicant to furnish reasonable information to ascertain the validity of the application, including but not limited to documentation necessary to demonstrate that the installation is eligible for a loan. (e) The public utilities commission shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. (f) For purposes of this section: "Alternating current level 2 charging station" has the same meaning as in section 269-72. "Applicant" has the same meaning as in section 269-72. "Direct current fast charging system" has the same meaning as in section 269-72. "Electric vehicle charging system" has the same meaning as in section 269-72. "Eligible electric vehicle charging system" means: (1) An alternating current level 2 station with one or more ports that provides electricity to one or more electric vehicles; or (2) A direct current fast charging system. §269-B Electric vehicle charging system loan revolving fund. (a) There is established the electric vehicle charging system loan revolving fund to be administered by the public utilities commission. Moneys in the electric vehicle charging system loan revolving fund may be used to provide loans pursuant to section 269-A to eligible applicants. (b) The electric vehicle charging system loan revolving fund shall consist of the following moneys: (1) Federal funds; (2) Moneys appropriated by the legislature; (3) Private contributions; (4) Repayment of loans, including interest and payments received on account of principal; and (5) All income and interest earned or accrued on moneys deposited into the fund." SECTION 3. Section 269-73, Hawaii Revised Statutes, is amended to read as follows: "§269-73 Electric vehicle charging system; rebate program; loan program; administrator; establishment. (a) The public utilities commission may contract with a third-party administrator to operate and manage any programs established under section 269-72[.] or 269-A. The administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from funds provided by the federal government or private funding sources. The administrator shall not expend more than fifteen per cent of the amounts appropriated for the rebate program or electric vehicle charging system loan program, or other reasonable percentage determined by the public utilities commission for administration of the [programs] program established under section 269-72[;] or 269-A; provided that program administration expenses may include marketing and outreach expenses to increase program participation, if needed; provided further that not more than ten per cent of the amounts appropriated for the rebate program or electric vehicle charging system loan program may be expended on non-marketing and outreach programs or administration of the respective program. (b) The [electric vehicle charging system rebate program] administrator of the electric vehicle charging system rebate program and electric vehicle charging system loan program shall be subject to regulation by the public utilities commission under any provision applicable to a public utility in sections 269-7, 269-8, 269-8.2, 269-8.5, 269-9, 269‑10, 269-13, 269-15, 269-19.5, and 269-28, and shall report to the public utilities commission on a regular basis. Notwithstanding any other provision of law to the contrary, the [electric vehicle charging system rebate program] administrator shall not be an electric public utility or an electric public utility affiliate." SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 to be deposited into the electric vehicle charging system loan revolving fund established under section 269-B, Hawaii Revised Statutes. SECTION 5. There is appropriated out of the electric vehicle charging system loan revolving fund established under section 269-B, Hawaii Revised Statutes, the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 to provide loans under the electric vehicle charging system loan program under section 269-A, Hawaii Revised Statutes. The sum appropriated shall be expended by the public utilities commission for the purposes of this Act. SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect on June 30, 3000. |
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| 47 | + | SECTION 1. The legislature finds that according to the United States Energy Information Administration, about ninety per cent of the energy consumed in United States transportation sector comes from petroleum. The legislature believes that establishing an electric vehicle charging system loan program will provide residents of Hawaii equal access to cleaner electric vehicle technologies, as well as help the environment. Electric vehicles and charging stations should be easily accessible to residents of the State to lower daily and monthly costs for families, all while decreasing exposure to vehicle admissions and particulate matter and advancing the State's overall energy and affordability goals. Accordingly, the purpose of this Act is to require the public utilities commission to administer an electric vehicle charging system loan program to provide loans to applicants who install eligible electric vehicle charging systems. SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows: "§269-A Electric vehicle charging system; loan program. (a) The public utilities commission, in consultation with electric vehicle stakeholders and the Hawaii state energy office, shall administer a loan program that incentivizes the installation of an eligible electric vehicle charging system and may contract with a third-party administrator pursuant to section 269-73 to operate and manage the loan program. (b) An applicant may be eligible for a loan under this section if the applicant installs an eligible electric vehicle charging system and is: (1) A homeowner whose household income is no more than one hundred per cent of the area median income; or (2) An existing or new affordable housing development located in and serving households that make no more than one hundred per cent of the area median income. (c) Loans made under this section shall bear no interest for the first five years and thereafter shall be no more than three per cent simple interest. (d) No person who receives a loan under this section shall be eligible for the electric vehicle charging system rebate program under section 269-72. (e) The public utilities commission shall: (1) Apply for any federal funding available to carry out the purposes of this section; (2) Prepare any forms that may be necessary to apply for a loan under this section; and (3) Require each applicant to furnish reasonable information to ascertain the validity of the application, including but not limited to documentation necessary to demonstrate that the installation is eligible for a loan. (f) The public utilities commission shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. (g) For purposes of this section: "Alternating current level 2 charging station" has the same meaning as in section 269-72. "Applicant" has the same meaning as in section 269-72. "Direct current fast charging system" has the same meaning as in section 269-72. "Electric vehicle charging system" has the same meaning as in section 269-72. "Eligible electric vehicle charging system" means: (1) An alternating current level 2 station with one or more ports that provides electricity to one or more electric vehicles; or (2) A direct current fast charging system. §269-B Electric vehicle charging system loan revolving fund. (a) There is established the electric vehicle charging system loan revolving fund to be administered by the public utilities commission. Moneys in the electric vehicle charging system loan revolving fund may be used to provides loans pursuant to section 269-A to eligible applicants. (b) The electric vehicle charging system loan revolving fund shall consist of the following moneys: (1) Federal funds; (2) Moneys appropriated by the legislature; (3) Private contributions; (4) Repayment of loans, including interest and payments received on account of principal; and (5) All income and interest earned or accrued on moneys deposited into the fund." SECTION 3. Section 269-72, Hawaii Revised Statutes, is amended to read as follows: "§269-72 Electric vehicle charging system; rebate program. (a) The public utilities commission, in consultation with electric vehicle stakeholders and the Hawaii state energy office, shall administer a rebate program that incentivizes the installation or upgrade of an electric vehicle charging system, as provided in this section, and may contract with a third-party administrator pursuant to section 269-73 to operate and manage the rebate program. (b) An applicant may be eligible for a rebate under the rebate program if the applicant: (1) Installs a new electric vehicle charging system where none previously existed to either: (A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or (B) A direct current fast charging system; or (2) Upgrades an existing electric vehicle charging system to either: (A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or (B) A direct current fast charging system. (c) Subject to subsection [(f),] (g), rebates shall be distributed as follows: (1) Each eligible installation of an electric vehicle charging system shall receive: (A) Up to $2,000 for the installation of an alternating current Level 2 station with one port; (B) Up to $4,500 for the installation of an alternating current Level 2 station with two or more ports; and (C) Up to $35,000 for the installation of a direct current fast charging system; and (2) Each eligible upgrade of an electric vehicle charging system shall receive: (A) Up to $1,300 for the upgrade to an alternating current Level 2 station with one port; (B) Up to $3,000 for the upgrade to an alternating current Level 2 station with two or more ports; and (C) Up to $28,000 for the upgrade to a direct current fast charging system. (d) No person who claims a rebate under this section shall be eligible for the electric vehicle charging system loan program under section 269-A. [(d)] (e) The public utilities commission shall: (1) Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and (2) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to documentation necessary to demonstrate that the installation or upgrade for which the rebate is claimed is eligible. [(e)] (f) This section shall apply to electric vehicle charging systems that are installed or upgraded after December 31, 2019. [(f)] (g) Applicants shall submit applications to the public utilities commission within twelve months of the date that the newly installed or upgraded charging system is placed into service to claim a rebate from the electric vehicle charging system rebate program. Failure to apply to the commission within twelve months of the date that the newly installed or upgraded charging system is placed into service shall constitute a waiver of the right to claim the rebate. Rebates shall be subject to available funds, and the program administrator shall not approve additional rebates for the remainder of the fiscal year after program funds have been fully exhausted. [(g)] (h) Nothing in this section shall alter taxes due on the original purchase or upgrade price of an electric vehicle charging system before the application of the rebate. Any rebate received pursuant to the electric vehicle charging system rebate program shall not be considered income for the purposes of state or county taxes. [(h)] (i) In administering the electric vehicle charging system rebate program, the public utilities commission shall give consideration to the following guidelines: (1) Priority should be given to electric vehicle charging systems that are publicly available; serve multiple tenants, employees, or customers; serve electric vehicle fleets; support the visitor industry in transitioning to clean transportation; or serve low-income, moderate-income, or environmental justice communities; (2) Electric vehicle charging system rebates should enhance broader public clean energy and grid resiliency goals by supporting deployment of electric vehicle charging systems that can regulate their time of use, be networked and co-optimized with other electric vehicle charging systems, and otherwise provide grid services or other benefits to the utility and electric grid; (3) Electric vehicle charging systems that serve a single person, such as a reserved parking stall or a single-family residence, shall not be eligible for rebates; (4) Electric vehicle charging system rebates should support accessibility of charging to as many electric vehicle drivers as feasible; and (5) The program administrator may propose new or modified guidelines to be considered in addition to those specified in this subsection and should have the flexibility to make programmatic adjustments due to market changes, technological advancements, and levels of participation to ensure the prudent use of taxpayer funds and to effectively manage the program budget. [(i)] (j) As used in this section: "Alternating current Level 2 charging station", commonly referred to as "Level 2 charging station", means an electric vehicle charging system that utilizes alternating current electricity providing at least three kilowatts and means a system that: (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; (2) Meets recognized standards and protocols including, but not limited to, Society of Automotive Engineers (SAE) J1772 of SAE International and Tesla protocol; and (3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards. "Applicant" means an individual; non-profit or for-profit corporation; local, state, or federal government agency; homeowner association; or any other eligible entity as defined under rules adopted for the electric vehicle charging system rebate program[.] or electric vehicle charging system loan program. "Direct current fast charging system", commonly referred to as "DC fast charging system", means an electric vehicle charging system that utilizes direct current electricity providing forty kilowatts or greater and: (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; (2) Meets recognized standards and protocols, including, but not limited to, Society of Automotive Engineers (SAE) J1772 of SAE International, Tesla protocol, and CHAdeMO protocol; and (3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards. "Electric vehicle charging system" has the same meaning as Electric Vehicle Supply Equipment as defined in article 625.2 of the National Electrical Code, as amended." SECTION 4. Section 269-73, Hawaii Revised Statutes, is amended to read as follows: "§269-73 Electric vehicle charging system; rebate program; loan program; administrator; establishment. (a) The public utilities commission may contract with a third-party administrator to operate and manage any programs established under section 269-72[.] or 269-A. The administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from funds provided by the federal government or private funding sources. The administrator shall not expend more than fifteen per cent of the amounts appropriated for the rebate program or electric vehicle charging system loan program, or other reasonable percentage determined by the public utilities commission for administration of the [programs] program established under section 269-72[;] or 269-A; provided that program administration expenses may include marketing and outreach expenses to increase program participation, if needed; provided further that not more than ten per cent of the amounts appropriated for the rebate program or electric vehicle charging system loan program may be expended on non-marketing and outreach programs or administration of the respective program. (b) The [electric vehicle charging system rebate program] administrator of the electric vehicle charging system rebate program and electric vehicle charging system loan program shall be subject to regulation by the public utilities commission under any provision applicable to a public utility in sections 269-7, 269-8, 269-8.2, 269-8.5, 269-9, 269‑10, 269-13, 269-15, 269-19.5, and 269-28, and shall report to the public utilities commission on a regular basis. Notwithstanding any other provision of law to the contrary, the [electric vehicle charging system rebate program] administrator shall not be an electric public utility or an electric public utility affiliate." SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 to be deposited into the electric vehicle charging system loan revolving fund established under section 269-B, Hawaii Revised Statutes. SECTION 6. There is appropriated out of the electric vehicle charging system loan revolving fund established under section 269-B, Hawaii Revised Statutes, the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 to provide loans under the electric vehicle charging system loan program under section 269-A, Hawaii Revised Statutes. The sum appropriated shall be expended by the public utilities commission for the purposes of this Act. SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 9. This Act shall take effect on June 30, 3000. |
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| 105 | | - | SECTION 3. Section 269-73, Hawaii Revised Statutes, is amended to read as follows: |
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| 107 | + | SECTION 3. Section 269-72, Hawaii Revised Statutes, is amended to read as follows: |
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| 108 | + | |
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| 109 | + | "§269-72 Electric vehicle charging system; rebate program. (a) The public utilities commission, in consultation with electric vehicle stakeholders and the Hawaii state energy office, shall administer a rebate program that incentivizes the installation or upgrade of an electric vehicle charging system, as provided in this section, and may contract with a third-party administrator pursuant to section 269-73 to operate and manage the rebate program. |
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| 110 | + | |
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| 111 | + | (b) An applicant may be eligible for a rebate under the rebate program if the applicant: |
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| 112 | + | |
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| 113 | + | (1) Installs a new electric vehicle charging system where none previously existed to either: |
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| 114 | + | |
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| 115 | + | (A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or |
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| 116 | + | |
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| 117 | + | (B) A direct current fast charging system; or |
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| 118 | + | |
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| 119 | + | (2) Upgrades an existing electric vehicle charging system to either: |
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| 120 | + | |
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| 121 | + | (A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or |
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| 122 | + | |
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| 123 | + | (B) A direct current fast charging system. |
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| 124 | + | |
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| 125 | + | (c) Subject to subsection [(f),] (g), rebates shall be distributed as follows: |
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| 126 | + | |
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| 127 | + | (1) Each eligible installation of an electric vehicle charging system shall receive: |
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| 128 | + | |
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| 129 | + | (A) Up to $2,000 for the installation of an alternating current Level 2 station with one port; |
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| 130 | + | |
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| 131 | + | (B) Up to $4,500 for the installation of an alternating current Level 2 station with two or more ports; and |
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| 132 | + | |
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| 133 | + | (C) Up to $35,000 for the installation of a direct current fast charging system; and |
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| 134 | + | |
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| 135 | + | (2) Each eligible upgrade of an electric vehicle charging system shall receive: |
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| 136 | + | |
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| 137 | + | (A) Up to $1,300 for the upgrade to an alternating current Level 2 station with one port; |
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| 138 | + | |
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| 139 | + | (B) Up to $3,000 for the upgrade to an alternating current Level 2 station with two or more ports; and |
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| 140 | + | |
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| 141 | + | (C) Up to $28,000 for the upgrade to a direct current fast charging system. |
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| 142 | + | |
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| 143 | + | (d) No person who claims a rebate under this section shall be eligible for the electric vehicle charging system loan program under section 269-A. |
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| 144 | + | |
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| 145 | + | [(d)] (e) The public utilities commission shall: |
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| 146 | + | |
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| 147 | + | (1) Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and |
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| 148 | + | |
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| 149 | + | (2) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to documentation necessary to demonstrate that the installation or upgrade for which the rebate is claimed is eligible. |
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| 150 | + | |
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| 151 | + | [(e)] (f) This section shall apply to electric vehicle charging systems that are installed or upgraded after December 31, 2019. |
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| 152 | + | |
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| 153 | + | [(f)] (g) Applicants shall submit applications to the public utilities commission within twelve months of the date that the newly installed or upgraded charging system is placed into service to claim a rebate from the electric vehicle charging system rebate program. Failure to apply to the commission within twelve months of the date that the newly installed or upgraded charging system is placed into service shall constitute a waiver of the right to claim the rebate. Rebates shall be subject to available funds, and the program administrator shall not approve additional rebates for the remainder of the fiscal year after program funds have been fully exhausted. |
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| 154 | + | |
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| 155 | + | [(g)] (h) Nothing in this section shall alter taxes due on the original purchase or upgrade price of an electric vehicle charging system before the application of the rebate. Any rebate received pursuant to the electric vehicle charging system rebate program shall not be considered income for the purposes of state or county taxes. |
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| 156 | + | |
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| 157 | + | [(h)] (i) In administering the electric vehicle charging system rebate program, the public utilities commission shall give consideration to the following guidelines: |
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| 158 | + | |
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| 159 | + | (1) Priority should be given to electric vehicle charging systems that are publicly available; serve multiple tenants, employees, or customers; serve electric vehicle fleets; support the visitor industry in transitioning to clean transportation; or serve low-income, moderate-income, or environmental justice communities; |
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| 160 | + | |
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| 161 | + | (2) Electric vehicle charging system rebates should enhance broader public clean energy and grid resiliency goals by supporting deployment of electric vehicle charging systems that can regulate their time of use, be networked and co-optimized with other electric vehicle charging systems, and otherwise provide grid services or other benefits to the utility and electric grid; |
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| 162 | + | |
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| 163 | + | (3) Electric vehicle charging systems that serve a single person, such as a reserved parking stall or a single-family residence, shall not be eligible for rebates; |
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| 164 | + | |
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| 165 | + | (4) Electric vehicle charging system rebates should support accessibility of charging to as many electric vehicle drivers as feasible; and |
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| 166 | + | |
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| 167 | + | (5) The program administrator may propose new or modified guidelines to be considered in addition to those specified in this subsection and should have the flexibility to make programmatic adjustments due to market changes, technological advancements, and levels of participation to ensure the prudent use of taxpayer funds and to effectively manage the program budget. |
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| 168 | + | |
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| 169 | + | [(i)] (j) As used in this section: |
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| 170 | + | |
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| 171 | + | "Alternating current Level 2 charging station", commonly referred to as "Level 2 charging station", means an electric vehicle charging system that utilizes alternating current electricity providing at least three kilowatts and means a system that: |
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| 172 | + | |
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| 173 | + | (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; |
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| 174 | + | |
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| 175 | + | (2) Meets recognized standards and protocols including, but not limited to, Society of Automotive Engineers (SAE) J1772 of SAE International and Tesla protocol; and |
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| 176 | + | |
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| 177 | + | (3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards. |
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| 178 | + | |
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| 179 | + | "Applicant" means an individual; non-profit or for-profit corporation; local, state, or federal government agency; homeowner association; or any other eligible entity as defined under rules adopted for the electric vehicle charging system rebate program[.] or electric vehicle charging system loan program. |
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| 180 | + | |
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| 181 | + | "Direct current fast charging system", commonly referred to as "DC fast charging system", means an electric vehicle charging system that utilizes direct current electricity providing forty kilowatts or greater and: |
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| 182 | + | |
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| 183 | + | (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; |
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| 184 | + | |
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| 185 | + | (2) Meets recognized standards and protocols, including, but not limited to, Society of Automotive Engineers (SAE) J1772 of SAE International, Tesla protocol, and CHAdeMO protocol; and |
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| 186 | + | |
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| 187 | + | (3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards. |
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| 188 | + | |
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| 189 | + | "Electric vehicle charging system" has the same meaning as Electric Vehicle Supply Equipment as defined in article 625.2 of the National Electrical Code, as amended." |
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| 190 | + | |
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| 191 | + | SECTION 4. Section 269-73, Hawaii Revised Statutes, is amended to read as follows: |
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