REFERENCE TITLE: electric vehicle charging stations |
State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1501 |
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Introduced by Senators Carroll: Gowan, Kaiser, Shamp; Representatives Nguyen, Smith, Wilmeth
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An Act
amending title 40, chapter 2, article 1, Arizona Revised Statutes, by adding section 40-214; relating to electric vehicle charging stations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 40, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 40-214, to read:
40-214. Charges, rates, tolls and rental fees; uses; definitions
A. Notwithstanding any other law, charges, rates, tolls and rental fees that are received by a public service corporation or electricity supplier, including an electric cooperative, for any commodity or service:
1. May not be used to build or operate an electric vehicle charging station or a commercial charging facility.
2. May be used for make-ready infrastructure.
B. An affiliate of an electricity supplier that provides, owns, operates or maintains electric vehicle charging stations shall do so on the same rates, terms and conditions that are offered to private providers of electric vehicle charging stations in the electricity supplier's service territory.
C. For the purposes of this section:
1. "Direct current fast charging station" means a charging system that is capable of delivering at least fifty kilowatts of direct current electrical power to an electric vehicle's rechargeable battery at a voltage of two hundred volts or greater.
2. "Electricity supplier" means any of the following:
(a) An electric light and power company that provides electric service to the public and whose charges, rates, tolls, rental fees and service rules are subject to regulation by the commission.
(b) An electric light and water company that provides electric service to the public, whose service area includes part of a county with a population of more than four million persons and whose charges, rates, tolls, rental fees and service rules are not subject to regulation by the Commission.
(c) A public power entity as defined in section 30-801.
3. "Electric vehicle" means a motor vehicle that is propelled by one or more electric motors using energy that is stored in the form of a rechargeable battery.
4. "electric vehicle charging station" means any level two charging station or direct current fast charging station that delivers electricity from a source outside an electric VEHICLE into one or more electric vehicles and that is separate and distinct from a make-ready infrastructure.
5. "Level two charging station" means a charging system that is Capable of delivering at least three and not more than fifty kilowatts of alternating current electrical power to an electric vehicle's rechargeable battery at a voltage of two hundred volts or greater.
6. "Make-ready infrastructure":
(a) Means the electrical infrastructure that is required to service an electric vehicle charging station's electrical load on the electricity supplier's or customer's side of the electric meter.
(b) Does not include an electric vehicle charging station.
Sec. 2. Legislative findings
The legislature finds that establishing a framework to encourage private sector investment in the deployment of electric vehicle charging stations, as defined in section 40-214, Arizona Revised Statutes, as added by this act, is an important issue and that the framework is essential to foster the rapid installation and widespread use of electric vehicle charging stations, as defined in section 40-214, Arizona Revised Statutes, as added by this act, on real property whose owners or tenants want to make the investment. To establish the framework, it is necessary to:
1. Implement competitively neutral policies to encourage private sector investment in the deployment of electric vehicle charging stations, as defined in section 40-214, Arizona Revised Statutes, as added by this act.
2. Develop and implement competitively neutral electricity charges, rates, tolls and rental fees aimed at and optimized for the low-cost operation of electric vehicle charging stations, as defined in section 40-214, Arizona Revised Statutes, as added by this act, while ensuring transparency in pricing and complying with the infrastructure investment and jobs act (P.L. 117-58; 135 Stat. 429; 16 United States Code sections 2621 and 2622).
3. For electric vehicle charging, use predictable and transparent charges, rates, tolls and rental fees and not use demand charge pricing because demand charge pricing creates uncertainty in the private sector and for consumers.
4. Encourage private investment, ownership and operation of publicly available electric vehicle charging stations, as defined in section 40-214, Arizona Revised Statutes, as added by this act, including equipment that allows for fast charging.
5. Stimulate innovation, competition and private investment in the electric vehicle charging market.
6. Develop mechanisms to provide incentives for and support of the short-term and long-term efficient and cost-effective use of the power grid in a manner that supports the operation of electric vehicle charging stations, as defined in section 40-214, Arizona Revised Statutes, as added by this act.
7. Ensure that the burden of the development of electric vehicle charging stations, as defined in section 40-214, Arizona Revised Statutes, as added by this act, is not carried by this state's payors of charges, rates, tolls and rental fees that are demanded or received by an electricity supplier, as defined in section 40-214, Arizona Revised Statutes, as added by this act.
8. Ensure that any policy, decision or rule relating to charges, rates, tolls and rental fees for an electric vehicle charging provider does not allow for a monthly demand charge that is based on the electric vehicle charging provider's highest hour of energy used during on-peak hours while the infrastructure for an electric vehicle charging station, as defined in section 40-214, Arizona Revised Statutes, as added by this act, is being built.