Bill Text: VA HB1934 | 2019 | Regular Session | Comm Sub
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-Comm_Sub.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.
§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, or (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, or 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 Any
agency, as defined in §2.2-128, when operating a retail fee-based electric
vehicle charging station pursuant to §2.2-614.5 on any property
of any existing state park or similar recreational facility the Department
controls pursuant to §10.1-104.01 or facility the agency controls.
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
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.
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..
§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, or any agency as defined in §2.2-128 that is not a public
utility, public service corporation, or public service company, or by the
Department of Conservation and Recreation, 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, or agency as defined in §2.2-128
providing the electric vehicle charging service, or the Department of
Conservation and Recreation, 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 any agency as defined in §2.2-128, persons, localities,
public institutions of higher education, the Department of Conservation and
Recreation, or school boards other than public service corporations. Sales
of electricity by public utilities to a an agency as defined in §
2.2-128, a person, a locality, public institution of higher
education, the Department of Conservation and Recreation, 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.
2. That §§10.1-104.01, 23.1-1301.1, and 23.1-2908.1 of the Code of Virginia are repealed.
