H1446B1916A05897 BIL:EJH 03/09/18 #90 A05897
AMENDMENTS TO HOUSE BILL NO. 1446
Sponsor: REPRESENTATIVE M. QUINN
Printer's No. 1916
Amend Bill, page 1, lines 1 through 6, by striking out all of
said lines and inserting
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in restructuring of electric utility
industry, providing for transportation fueling infrastructure
development.
Amend Bill, page 1, lines 9 through 19; pages 2 through 8,
lines 1 through 30; page 9, lines 1 through 18; by striking out
all of said lines on said pages and inserting
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2816. Transportation fueling infrastructure development.
(a) Transportation electrification opportunity assessment.--
(1) Within 180 days of the effective date of this
section, the Governor or a designee of the Governor shall
establish a Statewide goal for the expansion of
transportation electrification in this Commonwealth based
upon a Statewide transportation electrification opportunity
assessment. The goal shall be no less than a 50% expansion of
annual transportation electrification usage above current
market forecasts for December 31, 2030, as of the effective
date of this section.
(2) At the time the Statewide goal is established, the
Governor or a designee of the Governor may also establish
regional goals for each group of priority alternative
transportation infrastructure counties that are served, in
whole or in part, by an electric distribution company.
(b) Commission guidelines.--No later than one year after the
effective date of this section, the commission shall issue
transportation electrification infrastructure development plan
guidelines for electric distribution companies addressing the
following:
(1) The establishment of strategically located public
electric vehicle charging stations, including utility-owned
electric vehicle charging stations and non-utility-owned
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stations participating in a utility incentive program.
(2) The electrification of public transit and medium and
heavy-duty fleets.
(3) The deployment of non-utility-owned electric vehicle
charging stations.
(4) Requirements to ensure that electric distribution
company development plans with utility-owned charging
stations and incentive programs are implemented in a
competitive and nondiscriminatory manner and do not limit
public access to charging stations owned by third parties not
participating in utility incentive programs.
(5) Standards for technical interoperability of electric
vehicle charging stations and flexible payment options,
including credit cards, to facilitate electric vehicle travel
across the Commonwealth.
(6) The procedures for approval of transportation
electrification infrastructure development plans.
(c) Revised guidelines.--No later than one year before each
updated transportation electrification infrastructure
development plan filing required under subsection (h), the
commission may issue revised guidelines to reflect technological
developments and changes in market conditions.
(d) Transportation electrification infrastructure regional
framework.--
(1) An electric distribution company serving one or more
priority alternative transportation infrastructure counties
shall contract with a qualifying independent transportation
analyst to develop a transportation electrification
infrastructure regional framework for those counties.
(2) The regional framework development process shall
include representatives from the Department of
Transportation, the Department of Environmental Protection,
county and municipal governments of the priority alternative
transportation infrastructure counties served by the electric
distribution company, public transit organizations and the
electric distribution company. Electric distribution
companies shall invite representatives of regional planning
commissions, school districts, owners of vehicle fleets,
transportation network companies, experts in transportation
electrification charging infrastructure, manufacturers of
transportation electrification equipment and other
participants and stakeholders in the transportation
electrification market to participate in the regional
framework development process.
(3) If multiple electric distribution companies serve a
single priority alternative transportation infrastructure
county, the electric distribution companies may elect to
collaborate on the selection of a qualifying independent
transportation analyst for the county and allocate framework-
related costs proportionally based upon the number of
customers served in the county or by another mutually
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agreeable method.
(4) A regional framework shall provide the following
information for the priority alternative transportation
infrastructure counties served by the electric distribution
company:
(i) The extent of ownership, leasing and usage of
battery electric vehicles, including heavy-duty battery
electric vehicles, as well as projected ownership,
leasing and usage through December 31, 2030, or 15 years
after the effective date of this section, whichever is
later.
(ii) The extent of nonroad transportation
electrification usage and transportation electrification
charging infrastructure.
(iii) The additional transportation electrification
charging infrastructure that is reasonably necessary to
achieve the applicable regional goal established in
accordance with subsection (a) or, if no regional goal is
established, the Statewide goal established in accordance
with subsection (a) as applied to the priority
alternative transportation infrastructure counties served
by the electric distribution company.
(iv) Recommendations regarding the geographic
distribution and general specifications of transportation
electrification charging infrastructure identified in
accordance with subparagraph (iii), including
recommendations specific to the deployment of electric
vehicle charging infrastructure to serve low-income
communities, multiunit commercial, residential and mixed-
use buildings and single-family residential homes.
(e) Transportation electrification infrastructure
development plan.--
(1) An electric distribution company serving one or more
priority alternative transportation infrastructure counties
shall, consistent with the guidelines established pursuant to
subsection (b) and (c), file a transportation electrification
infrastructure development plan with the commission within 18
months of the establishment of a Statewide goal under
subsection (a)(1). The electric distribution company shall
provide its transportation electrification infrastructure
regional framework as part of the infrastructure development
plan filing.
(2) The infrastructure development plan shall describe
the company's proposal to achieve deployment of the
transportation electrification infrastructure reasonably
necessary to achieve the applicable regional goal established
in accordance with subsection (a) or, if no regional goal is
established, the Statewide goal established in accordance
with subsection (a) as applied to the priority alternative
transportation infrastructure counties served by the electric
distribution company. The infrastructure development plan
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shall include strategies to optimize the use of the electric
distribution grid and provide opportunities for the reduction
of electric charging costs for customers, including time-of-
use rates.
(3) Subject to the guidelines established pursuant to
subsections (b) and (c), the infrastructure development plan
may include transportation electrification charging stations
owned and operated by the electric distribution company and
third parties, incentives for customers and third-party
charging station owners and customer education programs
related to installing or using transportation electrification
charging stations.
(f) Commission approval.--
(1) The commission shall, after reasonable notice and
hearing and within 270 days of submission, approve or
disapprove each infrastructure development plan filed under
subsection (e).
(2) If the commission does not approve a plan, the
commission shall describe in detail the reasons for
disapproval, and the electric distribution company shall have
60 days to file a revised plan to address the deficiencies
identified by the commission.
(3) A revised plan shall be approved or disapproved by
the commission within 60 days.
(g) Recovery.--An electric distribution company shall
recover, in distribution rates established under section 1308
(relating to voluntary changes in rates), all reasonable and
prudent costs incurred in the implementation of this section,
including the costs of transportation electrification
infrastructure regional frameworks and infrastructure
development plans, transportation electrification
infrastructure, including annual depreciation costs, capital
costs over the life of transportation electrification charging
technology and required distribution system upgrades, incentives
and education provided in accordance with an infrastructure
development plan approved under subsection (f). The commission
may determine the appropriate rate structure and cost allocation
for the just and reasonable recovery of prudently incurred
costs, which may include any payments by customers related to a
specific electric vehicle charging station or other
transportation electrification infrastructure.
(h) Additional regional frameworks and infrastructure
development plans.--An electric distribution company shall
contract for an update of the regional framework required under
subsection (d) and file an updated transportation
electrification infrastructure development plan required under
subsection (e) every four years. Additional regional frameworks
and infrastructure development plans shall be developed after
December 31, 2026, as directed by the commission.
(i) Voluntary development of transportation electrification
infrastructure development plans.--An electric distribution
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company may file a transportation electrification infrastructure
development plan for commission approval in accordance with this
section for counties within the company's service territory that
do not qualify as priority alternative transportation
infrastructure counties. The commission approval requirements of
subsection (f) do not apply to plans filed under this
subsection.
(j) Open access for public electric vehicle charging
stations.--
(1) An electric vehicle operator who chooses to use a
public electric vehicle charging station installed or
operated with incentives authorized under a transportation
electrification infrastructure development plan or by an
electric distribution company shall not be required to enroll
in a club, association or membership organization or pay a
subscription fee as a condition to use the station. Nothing
in this section shall prevent nonutility owners and operators
of electric vehicle charging stations that are installed or
operated without incentives authorized under a transportation
electrification infrastructure development plan from
including those stations in a subscription or membership
network with variable rate structures.
(2) The owner or lessee of a publicly available parking
space, whose primary business is not electric vehicle
charging services, may restrict the use of that parking
space, including by limiting use to customers and visitors of
the business.
(3) The owner or operator of a public electric vehicle
charging station installed or operated with incentives
authorized under a transportation electrification
infrastructure development plan or by an electric
distribution company shall disclose the station's geographic
location, hours of operation, charging level, hardware
compatibility, schedule of fees, accepted methods of payment
and the amount of network roaming charges for nonmembers, if
any, on an ongoing basis to the commission, the Department of
Revenue and the United States Department of Energy National
Renewable Energy Laboratory.
(k) Publicly funded charging infrastructure.--Any publicly
funded charging infrastructure using ratepayer or taxpayer funds
should adhere to the technical interoperability standards
adopted or guided by the commission and be smart chargers, that
is, networked and submetered.
(l) Natural gas and hydrogen-fueled transportation
infrastructure assessment.--
(1) Within one year of the effective date of this
section, the Governor or a designee of the Governor shall
complete a Statewide assessment of current natural gas and
hydrogen-fueled vehicle usage and fueling infrastructure in
this Commonwealth. The assessment shall identify
opportunities and goals for the expansion of natural gas and
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hydrogen-fueled vehicle usage and fueling infrastructure in
this Commonwealth and make recommendations to the General
Assembly and the commission to support the expansion.
(2) The Governor or a designee of the Governor shall
transmit the assessment and recommendations to the commission
for posting on the commission's publicly accessible Internet
website.
(m) Alternative fuels tax.--An electric distribution company
or third party which owns a transportation electrification
charging station shall be subject to the alternative fuels tax
under 75 Pa.C.S. § 9004 (relating to imposition of tax,
exemptions and deductions).
(n) Penalties.--No electric distribution company shall be
subject to penalties for failure to meet the applicable goal
established under subsection (a) if the electric distribution
company is otherwise in compliance with its commission-approved
infrastructure development plan.
(o) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Battery electric vehicle." A motor vehicle that is powered
partly or solely by a battery that can be recharged wirelessly
or by plugging it into an external source of electricity and
which motor vehicle meets the applicable Federal and State
safety standards for on-road vehicles.
"Electric vehicle charging station." A facility or equipment
designed to charge batteries within battery electric vehicles by
permitting the transfer of electric energy to a battery or other
storage device in a battery electric vehicle.
"Priority alternative transportation infrastructure county."
A county in this Commonwealth including all or part of a
metropolitan statistical area with a population of at least
500,000 people as defined by the United States Census Bureau.
"Public electric vehicle charging station." An electric
vehicle charging station located at a publicly available parking
space.
"Publicly available parking space." A parking space that has
been designated by a property owner or a lessee to be available
to and accessible by the public, including on-street parking
spaces and parking spaces in surface lots or parking garages.
The term shall not include a parking space that is part of or
associated with a private residence or a parking space that is
reserved for the exclusive use of an individual driver or
vehicle or for a group of drivers of vehicles including
employees, tenants, visitors or residents of a common interest
development or residents of an adjacent building.
"Qualifying independent transportation analyst." A regional
planning commission established in accordance with the laws of
this Commonwealth or an independent analyst with demonstrated
expertise in transportation modeling and forecasting.
"Transportation electrification." The use of electricity
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from external sources of electrical power, including the
electrical grid, for all or part of vehicles, vessels, trains,
boats or other equipment that are mobile sources of air
pollution and greenhouse gases and the related programs and
charging and propulsion infrastructure investments to enable and
encourage this use of electricity.
Section 2. This act shall take effect in 60 days.
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See A05897 in
the context
of HB1446