Regular Session 2019-2020 Senate Bill 0596 P.N. 1343

PRIOR PRINTER'S NO. 665

PRINTER'S NO. 1343

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

596

Session of

2019

INTRODUCED BY MENSCH, KILLION, BOSCOLA, BROWNE, COSTA, YUDICHAK,

FARNESE, SANTARSIERO, BREWSTER, FONTANA, STREET, BLAKE,

COLLETT, LEACH, ARGALL, LANGERHOLC, BARTOLOTTA, IOVINO,

L. WILLIAMS, LAUGHLIN, J. WARD, PITTMAN, KEARNEY AND STEFANO,

APRIL 30, 2019

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL

LICENSURE, AS AMENDED, OCTOBER 30, 2019

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in restructuring of electric utility

industry, providing for transportation fueling infrastructure

development.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 66 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 2816. Transportation fueling infrastructure development.

(a) Findings and declarations.--The General Assembly finds

and declares as follows:

(1) Rapid improvements in battery, fuel-cell, vehicle

and equipment technologies are making electrified vehicles

and equipment more competitive options for families,

businesses, institutions and governmental organizations.

(2) Increased deployment of electric vehicles, equipment

and infrastructure offers the opportunity to meet more of the

Commonwealth's transportation needs with Pennsylvania-based

resources while reducing dependence on the importation of

transportation fuels.

(3) Approximately 5.6 million Pennsylvanians live in

counties that are classified as being in nonattainment status

with Federal clean air requirements and increased deployment

of electric transportation technologies can improve public

health and support economic development.

(4) Deploying infrastructure to support transportation

electrification will require coordinated planning of

transportation systems and electric infrastructure networks.

(5) Pennsylvania is a large and diverse state, and

planning for infrastructure investment should appropriately

reflect differences in regions and communities.

(6) Natural gas and hydrogen vehicles and equipment

offer additional opportunities to meet the Commonwealth's

transportation needs while investing in new technologies and

reducing environmental impacts.

(b) Transportation electrification opportunity assessment.--

In order to support economic development opportunities arising

from new transportation technologies, the Governor or a designee

of the Governor shall conduct a Statewide transportation

electrification opportunity assessment, including opportunities

for hydrogen and other fuel-cell electric vehicles supported by

electrical infrastructure, and INCLUDING OPPORTUNITIES FOR

HYDROGEN AND OTHER FUEL CELL ELECTRIC VEHICLES SUPPORTED BY

ELECTRICAL INFRASTRUCTURE, THE COMMISSION SHALL establish a goal

for Statewide expansion of transportation electrification that

is 50% above current market forecasts for December 31, 2030, in

the assessment. The assessment shall be based on the forecasts

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of no less than three independent, nationally recognized

analysts with expertise in transportation and energy market

forecasting BASED ON EXISTING GOVERNMENTAL AND PRIVATE SECTOR

FORECASTS . The goal shall be established within 60 days of the

effective date of this section. At the time the Statewide goal

is established, the Governor or a designee of the Governor

COMMISSION 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.

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 an essential public access

network, including utility-owned electric vehicle charging

stations and nonutility-owned THIRD-PARTY OWNED stations

participating in a utility incentive program.

(2) The electrification of public transit, school bus,

port, freight, rail and airport infrastructure, and central

charging facilities serving medium, heavy-duty and

governmental fleets. For the purpose of this paragraph,

infrastructure may include connective and inductive charging

technologies and electric infrastructure supporting hydrogen-

fueled vehicles and equipment.

(3) The deployment of nonutility-owned THIRD-PARTY OWNED

electric vehicle charging stations.

(4) Requirements to ensure that electric distribution

company development plans with utility-owned charging

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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) Open standard communication protocols for electric

vehicle charging stations and flexible payment options,

including credit card reader and mobile payment options, to

facilitate electric vehicle travel throughout this

Commonwealth.

(6) Policies to encourage the deployment of charging

infrastructure for electric vehicles and equipment in low-

income DISADVANTAGED communities and transit serving these

communities.

(7) The procedures for approval of transportation

electrification infrastructure development plans.

(d) Revised guidelines.--No later than one year before

filing an updated transportation electrification infrastructure

development plan required under subsection (j), the commission

may issue revised guidelines to reflect technological

developments and changes in market conditions.

(e) 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,

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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, nonprofit environmental

organizations, 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

agreeable method. An electric distribution company serving

less than 50,000 customers in a county is not required to

participate in the development of the framework for that

county.

(f) 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 under

subsections (c) and (d), file a transportation

electrification infrastructure development plan with the

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commission within one year of the establishment of a

Statewide goal under subsection (b). The electric

distribution company shall provide its transportation

electrification infrastructure regional framework as part of

the TRANSPORTATION ELECTRIFICATION infrastructure development

plan filing.

(2) The TRANSPORTATION ELECTRIFICATION infrastructure

development plan shall describe the company's proposal to

support deployment of the transportation electrification

infrastructure reasonably necessary to achieve the applicable

regional goal established in accordance with subsection (b)

or, if no regional goal is established, the Statewide goal

established in accordance with subsection (b) as applied to

the priority alternative transportation infrastructure

counties served by the electric distribution company. The

TRANSPORTATION ELECTRIFICATION infrastructure development

plan 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, demand management and other innovative rates.

(3) Subject to the guidelines established under

subsections (c) and (d), the TRANSPORTATION ELECTRIFICATION

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.

(g) Commission approval.--

(1) The commission shall, after reasonable notice and

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hearing and within 270 days of submission, approve or

disapprove each TRANSPORTATION ELECTRIFICATION infrastructure

development plan filed under subsection (f).

(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.

(h) Recovery.--

(1) An electric distribution company shall MAY recover,

in distribution rates established under section 1308

(relating to voluntary changes in rates) or 1330 (relating to

alternative ratemaking for utilities), all reasonable and

prudent costs incurred in the implementation of this section,

including the costs of transportation electrification

infrastructure regional frameworks and TRANSPORTATION

ELECTRIFICATION 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 A TRANSPORTATION

ELECTRIFICATION infrastructure development plan approved

under subsection (g). 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

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electrification infrastructure.

(2) The costs recovered under paragraph (1) by an

electric distribution company may not be otherwise

recoverable from ratepayers.

(i) Limitation on costs.--The total annual costs charged to

customers by an electric distribution company in implementing

this section may not exceed 0.25% of the total annual customer

bill amount for an electric distribution company, excluding bill

amounts for electric energy, for the MOST RECENT 12-month period

ending December 31, 2019, or the test year upon which

distribution rates were established in the electric distribution

company's most recent base distribution rate case proceeding.

(j) Additional regional frameworks and TRANSPORTATION

ELECTRIFICATION infrastructure development plans.--An electric

distribution company shall contract for an update of the

regional framework required under subsection (e) and file an

updated transportation electrification infrastructure

development plan required under subsection (f) after five years.

Additional regional frameworks and infrastructure development

plans shall be developed after December 31, 2025, as directed by

the commission.

(k) Voluntary development of transportation electrification

infrastructure development plans.--An electric distribution

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 (g) do not apply to plans filed under this

subsection. Plans filed under this subsection must include an

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affirmative written statement of support by the majority of the

elected county representatives for any county included in the

plan.

(l) 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 THIRD-PARTY 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 WITH AN ELECTRIC VEHICLE CHARGING STATION ,

may restrict the use of that parking space, including by

limiting use to EMPLOYEES, 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

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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.

(m) Publicly funded electric vehicle charging stations.--Any

publicly funded PUBLIC electric vehicle charging station using

electric distribution company ratepayer funds must use open

standard communication protocols and be capable of being

networked and submetered at the charging station or other on-

site access location. A third-party owned and operated electric

vehicle charging station may not be subject to the requirements

of this subsection solely because:

(1) the electric distribution company has completed or

will complete a necessary line extension to provide

distribution service to the station; or

(2) the station takes services under an electric vehicle

incentive rate offered by the electric distribution company.

(n) Construction.--This section may not be construed to

limit in any manner the establishment of third-party owned and

operated electric vehicle charging stations or establish

commission jurisdiction to regulate third-party owned and

operated electric vehicle charging stations that are established

without ratepayer funds.

(o) Natural gas and propane-fueled transportation

infrastructure assessment.--

(1) Within one year of the effective date of this

section, the Governor or a designee of the Governor

COMMISSION shall complete a Statewide assessment of current

natural gas and propane-fueled vehicle usage and fueling

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infrastructure in this Commonwealth. The assessment shall

identify opportunities and goals for the expansion of natural

gas and propane-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 THE ASSESSMENT SHALL BE POSTED on the

commission's publicly accessible Internet website.

(p) Alternative fuels tax.--An electric distribution company

or third party which owns an electric vehicle charging station

shall be subject to the alternative fuels tax under 75 Pa.C.S. §

9004 (relating to imposition of tax, exemptions and deductions).

(q) Penalties.--No electric distribution company shall be

subject to penalties for failure to meet the applicable goal

established under subsection (b).

(r) 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 infrastructure supporting hydrogen-fueled vehicles

and equipment." Electric infrastructure and equipment used to

produce hydrogen for hydrogen-fueled vehicles and equipment.

"Electric vehicle charging station." A facility or equipment

designed to charge batteries within battery electric vehicles by

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permitting the transfer of electric energy to a battery or other

storage device in a battery electric vehicle. The facilities and

equipment may charge batteries through connective or inductive

means. The term includes stations which provide hydrogen to

fuel-cell electric vehicles.

"Essential public access network." A system of charging

stations located on high-volume transportation corridors and in

high-population density urbanized areas for the purpose of

ensuring public-access charging in these areas.

"NATURAL GAS VEHICLE." A MOTOR VEHICLE THAT CAN OPERATE ON

COMPRESSED NATURAL GAS OR LIQUID NATURAL GAS FUEL, INCLUDING

DEDICATED BI-FUEL AND DUAL FUEL VEHICLES.

"Priority alternative transportation infrastructure county."

A county in this Commonwealth with at least 200,000 people that

includes 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 or other

location 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 does not include a parking

space that is part of or associated with a private residence, a

parking space provided as a service by a producer of electric

vehicles 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

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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

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.

"Transportation electrification infrastructure regional

framework." A framework that provides the following information

for the priority alternative transportation infrastructure

counties served by the electric distribution company:

(1) 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.

(2) The extent of nonroad transportation electrification

usage and transportation electrification charging

infrastructure.

(3) The additional transportation electrification

charging infrastructure that is reasonably necessary to

achieve the applicable regional goal established in

accordance with subsection (b) or, if no regional goal is

established, the Statewide goal established in accordance

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with subsection (b) as applied to the priority alternative

transportation infrastructure counties served by the electric

distribution company.

(4) Recommendations regarding the geographic

distribution and general specifications of transportation

electrification charging infrastructure identified in

accordance with paragraph (3), 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.

Section 2. This act shall take effect in 60 days.

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