Bill Text: VA HB1934 | 2019 | Regular Session | Prefiled
Bill Title: Electric vehicle charging stations; operation by certain state agencies.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2019-03-08 - Governor: Acts of Assembly Chapter text (CHAP0248) [HB1934 Detail]
Download: Virginia-2019-HB1934-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§56-1.2, 56-1.2:1, and 56-232.2:1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 6 of Title 2.2 a section numbered 2.2-614.5 as follows:
§2.2-614.5. Electric vehicle charging stations.
Each agency, as defined in §2.2-128, may locate and operate a retail fee-based electric vehicle charging station on any property or facility the agency controls. This section shall not limit any authority granted to the Department of Conservation and Recreation pursuant to § 10.1-104.01.
§56-1.2. Persons, localities, and school boards not designated as public utility, public service corporation, etc.
The terms public utility, public service corporation, or public service company, as used in Chapters 1 (§56-1 et seq.), 10 (§56-232 et seq.), 10.1 (§56-265.1 et seq.), and 10.2:1 (§56-265.13:1 et seq.) of this title, shall not refer to:
1. Any person who owns or operates property and provides electricity, natural gas, water, or sewer service to residents or tenants on the property, provided that (i) the electricity, natural gas, water or sewer service provided to the residents or tenants is purchased by the person from a public utility, public service corporation, public service company, or person licensed by the Commission as a competitive provider of energy services, or a county, city or town, or other publicly regulated political subdivision or public body, (ii) the person or his agent charges to the resident or tenant on the property only that portion of the person's utility charges for the electricity, natural gas, water, or sewer service which is attributable to usage by the resident or tenant on the property, and additional service charges permitted by §55-226.2, and (iii) the person maintains three years' billing records for such charges; or
2. Any (i) person who is not a public service corporation and who provides electric vehicle charging service at retail, (ii) school board that operates retail fee-based electric vehicle charging stations on school property pursuant to §22.1-131, (iii) locality that operates a retail fee-based electric vehicle charging station on property owned or leased by the locality pursuant to §15.2-967.2, or (iv) board of visitors of any baccalaureate public institution of higher education that operates a retail fee-based electric vehicle charging station on the grounds of such institution pursuant to §23.1-1301.1. The ownership or operation of a facility at which electric vehicle charging service is sold, and the selling of electric vehicle charging service from that facility, does not render such person, school board, locality, or board of visitors a public utility, public service corporation, or public service company as used in Chapters 1 (§56-1 et seq.), 10 (§56-232 et seq.), 10.1 (§56-265.1 et seq.), and 10.2:1 (§56-265.13:1 et seq.) solely because of that sale, ownership, or operation.
3. The Department of Conservation and Recreation when operating a retail fee-based electric vehicle charging station on property of any existing state park or similar recreational facility the Department controls pursuant to §10.1-104.01. The ownership or operation of a facility at which electric vehicle charging service is sold, or the selling of electric vehicle charging service from that facility, does not render the Department of Conservation and Recreation a public utility, public service corporation, or public service company as used in Chapters 1 (§56-1 et seq.), 10 (§56-232 et seq.), 10.1 (§56-265.1 et seq.), and 10.2:1 (§56-265.13:1 et seq.) solely because of that sale, ownership, or operation.
4. The Chancellor of the Virginia Community College System when operating a retail fee-based electric vehicle charging station on the grounds of any comprehensive community college pursuant to §23.1-2908.1. The ownership or operation of a facility at which electric vehicle charging service is sold, or the selling of electric vehicle charging service from that facility, does not render the Chancellor of the Virginia Community College System a public utility, public service corporation, or public service company as used in Chapters 1 (§56-1 et seq.), 10 (§56-232 et seq.), 10.1 (§56-265.1 et seq.), and 10.2:1 (§56-265.13:1 et seq.) solely because of that sale, ownership, or operation.
5. Any agency, as defined in §2.2-128, when operating a retail fee-based electric vehicle charging station on any property or facility the agency controls pursuant to §2.2-614.5. The ownership or operation of a facility at which electric vehicle charging service is sold, or the selling of electric vehicle charging service from that facility, does not render the agency a public utility, public service corporation, or public service company as used in Chapters 1 (§56-1 et seq.), 10 (§56-232 et seq.), 10.1 (§56-265.1 et seq.), and 10.2:1 (§56-265.13:1 et seq.) solely because of that sale, ownership, or operation.
§56-1.2:1. Retail sale of electricity in connection with the provision of electric vehicle charging service.
A. The provision of electric vehicle charging service by a person, locality, public institution of higher education, or a school board that is not a public utility, public service corporation, or public service company, or by the Department of Conservation and Recreation or other agency as defined in §2.2-128, shall not constitute the retail sale of electricity if:
1. The electricity furnished in connection with the provision of electric vehicle charging service is used solely for transportation purposes; and
2. The person, locality, public institution of higher education, or school board providing the electric vehicle charging service, or the Department of Conservation and Recreation or other agency as defined in §2.2-128, has procured the furnished electricity from the public utility that is authorized by the Commission to engage in the retail sale of electricity within the exclusive service territory in which the electric vehicle charging service is provided.
B. The provision of electric vehicle charging service shall:
1. Be a permitted electric utility activity of a certificated electric utility; and
2. Not affect the status as a public utility of a certificated public utility that provides such service.
§56-232.2:1. Regulation of electric vehicle charging service.
The Commission shall not regulate or prescribe the rates, charges, and fees for the provision of retail electric vehicle charging service provided by persons, localities, public institutions of higher education, the Department of Conservation and Recreation or other agency as defined in §2.2-128, or school boards other than public service corporations. Sales of electricity by public utilities to a person, locality, public institution of higher education, the Department of Conservation and Recreation or other agency as defined in §2.2-128, or a school board that (i) is not a public service corporation and (ii) provides electric vehicle charging service shall continue to be regulated by the Commission to the same extent as are other services provided by public utilities. The Commission may adopt regulations implementing this section.
