SB 596 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in restructuring of electric utility industry, providing for transportation fueling infrastructure development.

PRIOR PRINTER'S NO.

665 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1343596 THE2019 GENERALINTRODUCED ASSEMBLYBY OFMENSCH, PENNSYLVANIAKILLION, SENATEBOSCOLA, BILLBROWNE, SessionCOSTA, YUDICHAK, FARNESE, SANTARSIERO, BREWSTER, FONTANA AND STREET, APRIL 30, 2019 REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 30, 2019 AN ACT Amending Title 66 (Public Utilities) of No.the Pennsylvania Consolidated Statutes, in restructuring of electric utility industry, providing for transportation fueling infrastructure development.

596 2019 INTRODUCED BY MENSCH, KILLION, BOSCOLA, BROWNE, COSTA, YUDICHAK, FARNESE, SANTARSIERO, BREWSTER, FONTANA, STREET, BLAKE, COLLETT, LEACH, ARGALL, LANGERHOLC, BARTOLOTTA, IOVINO, L.

WILLIAMS, LAUGHLIN, J.

WARD, PITTMAN, KEARNEY AND STEFANO, APRIL 30, 2019 SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, OCTOBER 30, 2019 AN ACT Amending Title 66 (Public Utilities) of the Pennsylvania industry, providing for transportation fueling infrastructure development.

(b) Transportation electrification opportunity assessment.-- In order to support economic development opportunities arising from new transportation technologies, the Governor or a designee <-- of the Governor shall conduct a Statewide transportation electrification opportunity assessment, including opportunities for hydrogen and other fuel-cell electric vehicles supported by electrical infrastructure, and INCLUDING OPPORTUNITIES FOR <-- HYDROGEN AND OTHER FUEL CELL ELECTRIC VEHICLES SUPPORTED BY ELECTRICAL INFRASTRUCTURE, THE COMMISSION SHALL establish a goal for Statewide expansion of transportation electrification that is 50% above current market forecasts for December 31, 2030, in <-- the assessment.

The assessment shall be based on the forecasts 20190SB0596PN1343 - 2 - of no less than three independent, nationally recognized analysts with expertise in transportation and energy market forecastingforecasting. BASED ON EXISTING GOVERNMENTAL AND PRIVATE SECTOR <-- FORECASTS.

The goal shall be established within 60 days of the effective date 20190SB0596PN0665 - 2 - of this section.

At the time the Statewide goal is established, the Governor or a designee of the Governor <-- COMMISSION may also establish regional goals for each group of <-- priority alternative transportation infrastructure counties that are served, in whole or in part, by an electric distribution company.

(1) The establishment of an essential public access network, including utility-owned electric vehicle charging stations and nonutility-owned THIRD-PARTY OWNED stations <-- participating in a utility incentive program.

(3) The deployment of nonutility-owned THIRD-PARTY OWNED <-- electric vehicle charging stations.

(4) Requirements to ensure that electric distribution company development plans with utility-owned charging 20190SB0596PN1343 - 3 - stations and incentive programs are implemented in a competitive and nondiscriminatory manner and do not limit public access to charging stations owned by third parties not participating in utility incentive programs.

(5) Open standard communication protocols for electric 20190SB0596PN0665 - 3 - vehicle charging stations and flexible payment options, including credit card reader and mobile payment options, to facilitate electric vehicle travel throughout this Commonwealth.

(6) Policies to encourage the deployment of charging infrastructure for electric vehicles and equipment in low- <-- income DISADVANTAGED communities and transit serving these <-- communities.

(2) The regional framework development process shall include representatives from the Department of Transportation, the Department of Environmental Protection, 20190SB0596PN1343 - 4 - county and municipal governments of the priority alternative transportation infrastructure counties served by the electric distribution company, public transit organizations and the electric distribution company.

Electric distribution companies shall invite representatives of regional planning commissions, school districts, owners of vehicle fleets, 20190SB0596PN0665 - 4 - transportation network companies, nonprofit environmental organizations, experts in transportation electrification charging infrastructure, manufacturers of transportation electrification equipment and other participants and stakeholders in the transportation electrification market to participate in the regional framework development process.

(f) Transportation electrification infrastructure development plan.-- (1) An electric distribution company serving one or more priority alternative transportation infrastructure counties shall, consistent with the guidelines established under subsections (c) and (d), file a transportation electrification infrastructure development plan with the 20190SB0596PN1343 - 5 - commission within one year of the establishment of a Statewide goal under subsection (b).

The electric distribution company shall provide its transportation electrification infrastructure regional framework as part of the TRANSPORTATION ELECTRIFICATION infrastructure development <-- plan filing.

(2) The TRANSPORTATION ELECTRIFICATION infrastructure <-- development plan shall describe 20190SB0596PN0665 - 5 - the company's proposal to support deployment of the transportation electrification infrastructure reasonably necessary to achieve the applicable regional goal established in accordance with subsection (b) or, if no regional goal is established, the Statewide goal established in accordance with subsection (b) as applied to the priority alternative transportation infrastructure counties served by the electric distribution company.

The TRANSPORTATION ELECTRIFICATION infrastructure development <-- plan shall include strategies to optimize the use of the electric distribution grid and provide opportunities for the reduction of electric charging costs for customers, including time-of-use,time-of- use, demand management and other innovative rates.

(3) Subject to the guidelines established under subsections (c) and (d), the TRANSPORTATION ELECTRIFICATION <-- infrastructure development plan may include transportation electrification charging stations owned and operated by the electric distribution company and third parties, incentives for customers and third-party charging station owners and customer education programs related to installing or using transportation electrification charging stations.

(g) Commission approval.-- (1) The commission shall, after reasonable notice and 20190SB0596PN1343 - 6 - hearing and within 270 days of submission, approve or disapprove each TRANSPORTATION ELECTRIFICATION infrastructure <-- development plan filed under subsection (f).

20190SB0596PN0665 - 6 - (3) A revised plan shall be approved or disapproved by the commission within 60 days.

(h) Recovery.-- (1) An electric distribution company shall MAY recover, <-- in distribution rates established under section 1308 (relating to voluntary changes in rates) or 1330 (relating to alternative ratemaking for utilities), all reasonable and prudent costs incurred in the implementation of this section, including the costs of transportation electrification infrastructure regional frameworks and TRANSPORTATION <-- ELECTRIFICATION infrastructure development plans, transportation electrification infrastructure, including annual depreciation costs, capital costs over the life of transportation electrification charging technology and required distribution system upgrades, incentives and education provided in accordance with an A TRANSPORTATION <-- ELECTRIFICATION infrastructure development plan approved under subsection (g).

The commission may determine the appropriate rate structure and cost allocation for the just and reasonable recovery of prudently incurred costs, which may include any payments by customers related to a specific electric vehicle charging station or other transportation 20190SB0596PN1343 - 7 - electrification infrastructure.

(2) The costs recovered under paragraph (1) by an <-- electric distribution company may not be otherwise recoverable from ratepayers.

(i) Limitation on costs.--The total annual costs charged to customers by an electric distribution company in implementing this section may not exceed 0.25% of the total annual customer bill amount for an electric distribution company, excluding bill amounts for electric energy, for the MOST RECENT 12-month period <-- ending 20190SB0596PN0665 - 7 - December 31, 2019, or the test year upon which distribution rates were established in the electric distribution company's most recent base distribution rate case proceeding.

(j) Additional regional frameworks and TRANSPORTATION <-- ELECTRIFICATION infrastructure development plans.--An electric distribution company shall contract for an update of the regional framework required under subsection (e) and file an updated transportation electrification infrastructure development plan required under subsection (f) after five years.

Additional regional frameworks and infrastructure development <-- plans shall be developed after December 31, 2025, as directed by the commission.

(k) Voluntary development of transportation electrification infrastructure development plans.--An electric distribution company may file a transportation electrification infrastructure development plan for commission approval in accordance with this <-- section for counties within the company's service territory that do not qualify as priority alternative transportation infrastructure counties.

The commission approval requirements of <-- subsection (g) do not apply to plans filed under this subsection.

Plans filed under this subsection must include an 20190SB0596PN1343 - 8 - affirmative written statement of support by the majority of the elected county representatives for any county included in the plan.

(l) Open access for public electric vehicle charging stations.-- (1) An electric vehicle operator who chooses to use a public electric vehicle charging station installed or operated with incentives authorized under a transportation electrification infrastructure development plan or by an electric distribution company shall not be required to enroll 20190SB0596PN0665 - 8 - in a club, association or membership organization or pay a subscription fee as a condition to use the station.

Nothing in this section shall prevent nonutility THIRD-PARTY owners <-- and operators of electric vehicle charging stations that are installed or operated without incentives authorized under a transportation electrification infrastructure development plan from including those stations in a subscription or membership network with variable rate structures.

(2) The owner or lessee of a publicly available parking space, whose primary business is not electric vehicle <-- charging servicesservices, WITH AN ELECTRIC VEHICLE CHARGING STATION, <-- may restrict the use of that parking space, including by limiting use to EMPLOYEES, customers and visitors of the <-- business.

(3) The owner or operator of a public electric vehicle charging station installed or operated with incentives authorized under a transportation electrification infrastructure development plan or by an electric distribution company shall disclose the station's geographic location, hours of operation, charging level, hardware 20190SB0596PN1343 - 9 - compatibility, schedule of fees, accepted methods of payment and the amount of network roaming charges for nonmembers, if any, on an ongoing basis to the commission, the Department of Revenue and the United States Department of Energy National Renewable Energy Laboratory.

(m) Publicly funded electric vehicle charging stations.--Any publicly funded PUBLIC electric vehicle charging station using <-- electric distribution company ratepayer funds must use open standard communication protocols and be capable of being networked and submetered at the charging station or other on-on-site site access location.

A third-party owned and operated electric vehicle 20190SB0596PN0665 - 9 - charging station may not be subject to the requirements of this subsection solely because:

(o) Natural gas and propane-fueled transportation infrastructure assessment.-- (1) Within one year of the effective date of this section, the Governor or a designee of the Governor <-- COMMISSION shall complete a Statewide assessment of current <-- natural gas and propane-fueled vehicle usage and fueling 20190SB0596PN1343 - 10 - infrastructure in this Commonwealth.