CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 450
PRINTER'S NO. 474
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
435
Session of
2021
INTRODUCED BY MENSCH, BOSCOLA, ARGALL, BROWNE, BARTOLOTTA,
LANGERHOLC, LAUGHLIN, PITTMAN, YUDICHAK, BREWSTER, COLLETT,
COMITTA, FONTANA, KANE, KEARNEY, SANTARSIERO, STREET AND
TARTAGLIONE, MARCH 18, 2021
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 18, 2021
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
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this 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, 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,
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 commission may also establish regional goals for each group
of priority alternative transportation infrastructure counties
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that are served, in whole or in part, by an electric
distribution company.
(c) Commission guidelines.--No later than 180 days 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 an essential public access
network, including utility-owned electric vehicle charging
stations and 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 third-party-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 shall 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 or mobile payment options, to
facilitate electric vehicle travel throughout this
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Commonwealth.
(6) Policies to encourage the deployment of charging
infrastructure for electric vehicles and equipment in
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,
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, representatives of low-income
communities, owners of vehicle fleets, transportation network
companies, nonprofit environmental organizations, experts in
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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
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
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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
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
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identified by the commission.
(3) A revised plan shall be approved or disapproved by
the commission within 60 days.
(h) Recovery.--
An electric distribution company 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 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
electrification infrastructure.
(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, 2021, or the test year upon which
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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.
(k) Voluntary development of transportation electrification
infrastructure development plans.--An electric distribution
company may file a transportation electrification infrastructure
development plan in accordance with this section for counties
within the company's service territory that do not qualify as
priority alternative transportation infrastructure counties. The
approval timeline requirements of subsection (g) shall not apply
to plans filed under this subsection. Plans filed under this
subsection must include an 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 third-party owners and
operators of electric vehicle charging stations that are
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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, 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
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 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
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(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 commission shall complete a Statewide assessment
of current natural gas and propane-fueled vehicle usage and
fueling 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 to support the expansion.
(2) 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:
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"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
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.
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"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
with subsection (b) as applied to the priority alternative
transportation infrastructure counties served by the electric
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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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