ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
electric vehicle charging stations
Purpose
Prohibits a public service corporation or electricity supplier from using the charges, rates, tolls and rental fees it receives for any commodity or service to build or operate an electric vehicle charging station.
Background
The Arizona Corporation Commission (ACC) is established by the Arizona Constitution with the authority to supervise and regulate public service corporations in Arizona. The ACC has the power to: 1) prescribe classifications to be used and rates and charges to be made and collected by a public service corporation; 2) make rules, regulations and orders on the business transactions of a public service corporation; 3) prescribe the forms of contracts and the systems of accounting to be used by a public service corporation; and 4) make and enforce rules, regulations and orders for the convenience, comfort, safety and health of the employees and patrons of a public service corporation (Ariz. Const. art. 15, §§ 1 and 3).
Current statute asserts that a company that engages in services to charge batteries for electric vehicles does not an qualify electric charging provider as a public service corporation. An electric charging provider may assess fees for other services that may be based on time measurement or a fixed fee or both, in addition to the fee assessed for the quantity of electrical energy sold (A.R.S. § 40-213).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a public service corporation or electricity supplier, including an electric cooperative, from using charges, rates, tolls and rental fees that it received for any commodity or service to build or operate an electric vehicle charging station or a commercial charging station.
2. Allows a public service corporation or electricity supplier, including an electric cooperative, to use charges, rates, tolls and rental fees that it received for any commodity or service for make-ready infrastructure.
3. Requires an affiliate of an electricity supplier that provides, owns, operates or maintains electric vehicle charging stations to 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.
4. Defines electricity supplier as:
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 ACC;
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 4,000,000 persons and whose charges, rates, tolls, rental fees and service rules are not subject to regulation by the ACC; or
c) any municipal corporation, city, town or other political subdivision that is organized under state law, that generates, transmits, distributes or otherwise provides electricity and that is not a public service corporation, excluding:
i. a city or town with a population of fewer than 75,000 persons;
ii.
a power district, electrical
district, irrigation and water conservation district or
multi-county water conservation district; and
iii. the Arizona Power Authority.
5. Defines make-ready infrastructure as 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.
6. Excludes, from the definition of make-ready infrastructure, an electric vehicle charging station.
7. Defines terms.
8. Contains a statement of legislative findings.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2023
JT/FB/sr