Bill Text: VA HB922 | 2018 | Regular Session | Prefiled


Bill Title: Electric vehicle charging stations; local and public operation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-01-19 - Assigned GL sub: Subcommittee #1 [HB922 Detail]

Download: Virginia-2018-HB922-Prefiled.html
18104708D
HOUSE BILL NO. 922
Offered January 10, 2018
Prefiled January 9, 2018
A BILL to amend and reenact §§56-1.2, 56-1.2:1, and 56-232.2:1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-104.01, 15.2-967.2, 23.1-1301.1, and 23.1-2908.1, relating to electric vehicle charging stations; local and public operation.
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Patron-- Bulova
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Committee Referral Pending
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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 sections numbered 10.1-104.01, 15.2-967.2, 23.1-1301.1, and 23.1-2908.1 as follows:

§10.1-104.01. Electric vehicle charging stations.

The Department may locate and operate a retail fee-based electric vehicle charging station on the property of any existing state park or similar recreational facility the Department controls.

§15.2-967.2. Electric vehicle charging stations.

Any locality may locate and operate a retail fee-based electric vehicle charging station on property the locality owns or leases, provided that the use of such station is restricted to employees of the locality and authorized visitors and is accompanied by appropriate signage that provides reasonable notice of such restriction.

§23.1-1301.1. Electric vehicle charging stations.

The board of visitors of each baccalaureate public institution of higher education or its designee may locate and operate a retail fee-based electric vehicle charging station on the grounds of such baccalaureate public institution.

§23.1-2908.1. Electric vehicle charging stations.

The Chancellor or his designee may locate and operate a retail fee-based electric vehicle charging station on the grounds of any comprehensive community college established under this chapter.

§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 or, (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 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, or 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.

§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, 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, 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 school boards other than public service corporations. Sales of electricity by public utilities to persons a person, locality, public institution of higher education, the Department of Conservation and Recreation, or a school boards board that (i) are is not a public service corporations corporation and (ii) provide 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 the provisions of this act shall apply to any electric vehicle charging station existing prior to the effective date of this act that is otherwise in compliance with the requirements of this act.

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