Florida 2021 Regular Session Status: In Committee

SB 138 — Electric Vehicles

Last action — Died in Appropriations, companion bill(s) passed, see CS/CS/HB 1289 (Ch. 2021-233)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Electric Vehicles; Revising the principles relating to mobility which the department’s goals are required to address; requiring that certain funds be used for specified purposes relating to the Electric Vehicle Infrastructure Grant Program, beginning in a specified year; requiring the department to establish the Electric Vehicle Infrastructure Grant Program; providing for the distribution of grants to certain entities to install electric vehicle charging infrastructure; requiring the department to coordinate, develop, and recommend a supplemental master plan to address innovations in electric vehicle charging station infrastructure and the development of high-powered charging infrastructure for electric aircraft; prohibiting certain rules adopted by the Department of Agriculture and Consumer Services from requiring specific methods of sale for electric vehicle charging equipment used and services provided in this state, etc.

Bill Text

What changed in the latest version

314 added · 210 removed

314 line(s) added, 210 removed.

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Florida Senate - 2021 SB 138 By Senator Brandes 24-00281A-21 2021138__ A bill to be entitled An act relating to electric vehicles;
Florida Senate - 2021 CS for SB 138 By the Committee on Transportation;
and Senators Brandes and Rodriguez 596-02647-21 2021138c1 A bill to be entitled An act relating to electric vehicles;
revising the department’s goals relating to mobility;
revising the principles relating to mobility which the department’s goals are required to address;
requiring that certain funds remain in the State Transportation Trust Fund, beginning in a specified year;
providing for future expiration;
providing for future expiration of the requirements;
authorizing the department to develop a model plan for local governments;
authorizing the department to develop a model plan for specified entities;
339.287, F.S.;
requiring the department to coordinate, develop, and recommend a supplemental master plan to address innovations in electric vehicle charging station infrastructure and the development of high-powered charging infrastructure for electric aircraft;
requiring the department to submit the plan to the Governor and the Legislature by a specified date;
conforming provisions to changes made by the act;
requiring the department to file a second status report with the Governor and the Legislature by a specified date;
amending s.
specifying that certain rules adopted by the Department of Agriculture and Consumer Services may not require specific methods of sale for electric vehicle charging equipment used in, and services provided in, this state;
prohibiting certain rules adopted by the Department of Agriculture and Consumer Services from requiring specific methods of sale for electric vehicle charging equipment used and services provided in this state;
providing an appropriation;
36 Be It Enacted by the Legislature of the State of Florida:
44 Be It Enacted by the Legislature of the State of Florida:
38 Section 1. Subsections (2) and (56) of section 316.003, Florida Statutes, are amended to read:
46 Section 1. Subsections (2) and (56) of section 316.003, Florida Statutes, are amended to read:
68 A personal delivery device is not considered a vehicle unless expressly defined by law as a vehicle.
76 A personal delivery device is not considered a vehicle unless expressly defined by law as a vehicle.
Section 3. Effective upon Senate Bill ___ or other similar legislation being enacted in the 2021 Regular Session or an extension thereof and becoming a law, section 339.0802, Florida Statutes, is created to read:
Section 3. Effective upon SB 140 or other similar legislation being enacted in the 2021 Regular Session or an extension thereof and becoming a law, section 339.0802, Florida Statutes, is created to read:
(1) Beginning in the 2021-2022 fiscal year, and annually for 4 fiscal years thereafter, all increased revenues must be used to fund the Electric Vehicle Infrastructure Grant Program.
Beginning in the 2023-2024 fiscal year, all increased revenues must be used to fund the Electric Vehicle Infrastructure Grant Program created by s.
(2) Beginning in the 2026-2027 fiscal year, all increased revenues must remain in the State Transportation Trust Fund to be used for authorized purposes.
339.286.
(3) This section expires on December 31, 2030.
This section expires on December 31, 2030.
120 A plan must address actions to deploy the necessary infrastructure in high-density housing areas and low-income to moderate-income areas.
125 A plan must address actions to deploy the necessary infrastructure in high-density housing areas and low-income to moderate-income areas.
A grant for technical assistance requires a minimum match of funds from the applicant of 30 percent of the grant award, but such match is not required for an applicant that is located in a fiscally constrained county as defined in s.
A grant for technical assistance requires a minimum match of funds from the applicant of 30 percent of the grant award, but such match is not required for an applicant that is located in a fiscally constrained county as described in s.
A grant for equipment purchase and installation requires a minimum match of funds from the applicant in the amount of 60 percent of the total project cost for alternating-current, Level 2 charging infrastructure, or 20 percent of the total project cost for direct-current, fast charging infrastructure.
A grant for equipment purchase and installation requires a minimum match of funds from the applicant in the amount of 60 percent of the total project cost for alternating-current, Level 2 charging infrastructure;
20 percent of the total project cost for direct current, fast-charging infrastructure;
or 20 percent of the total project cost for high-powered charging infrastructure for electric aircraft, including, but not limited to, electric vertical takeoff and landing aircraft, and semi-trucks.
Twenty percent of the funds available under the grant program must be reserved for applicants or projects in fiscally constrained counties as defined in s.
Twenty percent of the funds available under the grant program must be reserved for applicants or projects in fiscally constrained counties as described in s.
An applicant may partner with a private-sector entity to install charging infrastructure on private property in the same county or local jurisdiction as the applicant.
An applicant may partner with a private sector entity to install charging infrastructure on private property in the same county or local jurisdiction as the applicant.
The prioritized list must include recommended funding levels for each application and, if staged implementation is appropriate, provide funding requirements for each stage.
The prioritized list must include recommended funding levels for each application and, if staged implementation is appropriate, must provide funding requirements for each stage.
(5) The department shall continually review emerging research, policies, and standards related to electric vehicle infrastructure.
(5) The department shall continually review emerging research, policies, and standards related to electric vehicle infrastructure and innovations in the use of electric vehicles.
The department may develop a model plan that local governments may use as a guide to establish an electric vehicle charging infrastructure plan.
The department may develop a model plan that state agencies, public universities, public transit agencies, ports, airports, and local governments may use as a guide to establish an electric vehicle charging infrastructure plan.
Section 5. Section 366.94, Florida Statutes, is amended to read:
Section 5. Subsection (2) of section 339.287, Florida Statutes, is amended to read:
339.287 Electric vehicle charging stations;
infrastructure plan development.— (2)(a) The department shall coordinate, develop, and recommend a master plan and a supplemental master plan for current and future plans for the development of electric vehicle charging station infrastructure along the State Highway System, as defined in s.
334.03(24).
The plans must include recommendations for legislation and may include other recommendations as determined by the department.
1. The department shall develop the recommended master plan and submit the recommended master plan it to the Governor, the President of the Senate, and the Speaker of the House of Representatives by July 1, 2021.
The plan must include recommendations for legislation and may include other recommendations as determined by the department.
2. The department shall submit the recommended supplemental master plan to the Governor, the President of the Senate, and the Speaker of the House of Representatives by July 1, 2023.
The supplemental master plan must address innovations in electric vehicle charging station infrastructure occurring since the submission of the recommended master plan and the development of high-powered charging infrastructure for electric aircraft.
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The supplemental master plan also must make recommendations related to charging station infrastructure along the State Highway System and at airports, seaports, and other ports in light of these innovations.
(b) The department, in consultation with the Public Service Commission and the Office of Energy within the Department of Agriculture and Consumer Services, and any other public or private entities as necessary or appropriate, shall be primarily responsible for the following goals and objectives in developing the plans plan:
1. Identifying the types or characteristics of possible locations for electric vehicle charging station infrastructure along the State Highway System to support a supply of electric vehicle charging stations that will:
a. Accomplish the goals and objectives of this section;
b. Support both short-range and long-range electric vehicle travel;
c. Encourage the expansion of electric vehicle use in this state;
and d. Adequately serve evacuation routes in this state.
2. Identifying any barriers to the use of electric vehicles and electric vehicle charging station infrastructure both for short-range and long-range electric vehicle travel along the State Highway System.
3. Identifying an implementation strategy for expanding electric vehicle and charging station infrastructure use in this state.
4. Quantifying the loss of revenue to the State Transportation Trust Fund due to the current and projected future use of electric vehicles in this state and summarizing efforts of other states to address such revenue loss.
(c) The Public Service Commission, in consultation with the department and the Office of Energy within the Department of Agriculture and Consumer Services, and any other public or private entities as necessary or appropriate, shall be primarily responsible for the following goals and objectives in developing the plans plan:
1. Projecting the increase in the use of electric vehicles in this state over the next 20 years and determining how to ensure an adequate supply of reliable electric vehicle charging stations to support and encourage this growth in a manner supporting a competitive market with ample consumer choice.
2. Evaluating and comparing the types of electric vehicle charging stations available at present and which may become available in the future, including the technology and infrastructure incorporated in such stations, along with the circumstances within which each type of station and infrastructure is typically used, including fleet charging, for the purpose of identifying any advantages to developing particular types or uses of these stations.
3. Considering strategies to develop this supply of charging stations, including, but not limited to, methods of building partnerships with local governments, other state and federal entities, electric utilities, the business community, and the public in support of electric vehicle charging stations.
4. Identifying the type of regulatory structure necessary for the delivery of electricity to electric vehicles and charging station infrastructure, including competitive neutral policies and the participation of public utilities in the marketplace.
(d) The Public Service Commission, in consultation with the Office of Energy within the Department of Agriculture and Consumer Services, shall review emerging technologies in the electric and alternative vehicle market, including alternative fuel sources.
(e) The department, the Public Service Commission, and the Office of Energy within the Department of Agriculture and Consumer Services may agree to explore other issues deemed necessary or appropriate for purposes of the plans report required by in paragraph (a).
(f) By December 1, 2021 December 1, 2020, the department shall file a second status report with the Governor, the President of the Senate, and the Speaker of the House of Representatives containing any preliminary recommendations, including recommendations for legislation.
Section 6. Section 366.94, Florida Statutes, is amended to read:
Rules implemented under this subsection may not require specific methods of sale for electric vehicle charging equipment used in, and services provided in, this state.
Rules implemented under this subsection may not require specific methods of sale for electric vehicle charging equipment used in, and electrical vehicle charging services provided in, this state.
(b) If a law enforcement officer or specialist finds a motor vehicle in violation of this subsection, the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s.
(b) If a law enforcement officer or parking enforcement specialist finds a motor vehicle in violation of this subsection, the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s.
Section 6. For the 2021-2022 fiscal year, the sum of $5 million in nonrecurring funds is appropriated from the State Transportation Trust Fund to the Department of Transportation for the purpose of implementing the Electric Vehicle Infrastructure Grant Program created in s.
339.286, Florida Statutes.
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Action History

  1. Died in Appropriations, companion bill(s) passed, see CS/CS/HB 1289 (Ch. 2021-233)

  2. Now in Appropriations

  3. Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Transportation, Tourism, and Economic Development; YEAS 11 NAYS 0

  4. On Committee agenda-- Appropriations Subcommittee on Transportation, Tourism, and Economic Development, 03/23/21, 8:30 am, 110 Senate Building

  5. CS by Transportation read 1st time

  6. Now in Appropriations Subcommittee on Transportation, Tourism, and Economic Development

  7. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  8. CS by Transportation; YEAS 8 NAYS 0

  9. On Committee agenda-- Transportation, 03/10/21, 8:00 am, 110 Senate Building

  10. Introduced

  11. Referred to Transportation; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations

  12. Filed

Sponsors

  • Brandes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Brandes

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 138 do?
Electric Vehicles; Revising the principles relating to mobility which the department’s goals are required to address; requiring that certain funds be used for specified purposes relating to the Electric Vehicle Infrastructure Grant Program, beginning in a specified year; requiring the department to establish the Electric Vehicle Infrastructure Grant Program; providing for the distribution of grants to certain entities to install electric vehicle charging infrastructure; requiring the department to coordinate, develop, and recommend a supplemental master plan to address innovations in electric vehicle charging station infrastructure and the development of high-powered charging infrastructure for electric aircraft; prohibiting certain rules adopted by the Department of Agriculture and Consumer Services from requiring specific methods of sale for electric vehicle charging equipment used and services provided in this state, etc.
Who sponsors SB 138?
SB 138 is sponsored by Brandes.
What is the current status of SB 138?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 138?
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