Amendment ASA3-AB588

LRBs0378/1

KP&EVM:wlj

2021 - 2022 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 3, TO ASSEMBLY BILL 588

February 14, 2022 - Offered by Representative VanderMeer.

AB588-ASA3,1,4 An Act to create 16.9565, 66.0440, 196.01 (5) (b) 8. and 196.93 of the statutes; relating to: allowing persons to charge fees for the use of electric vehicle charging facilities and the installation and operation of electric vehicle charging facilities by a state agency or a local governmental unit.

Analysis by the Legislative Reference Bureau

This bill allows a person to charge a fee to users who park an electric vehicle near the person's charging facility. Under the bill, the fee charged for parking near the charging facility must be a flat fee or be based on the amount of time the user is parked near or connected to the facility, on the amount of electricity used, or on the cost or rate charged to the person by the person's electric provider. The bill also prohibits electric utilities and electric cooperatives from restricting customers from charging a fee to users who park near or connect to the customers' charging facilities. Additionally, the bill specifies that a person who owns, operates, manages, leases, or controls a charging facility is not a public utility if the person does not otherwise provide electricity to others for a fee.

The bill also prohibits a local governmental unit that does not operate an electric utility from owning, operating, managing, leasing, or controlling a charging facility, but a local governmental unit may authorize another person to own and operate a charging facility available to the public on its property. Under the bill, a municipal electric utility may own or operate a charging facility if no tax revenue subsidizes the charging facility and if no revenue generated by the charging facility is transferred to the general fund of the municipality that owns the municipal electric utility. The bill also prohibits state agencies from owning, operating, managing, or leasing charging facilities, but state agencies may own or operate charging facilities that are used only for charging state agency vehicles.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB588-ASA3,1 Section 1. 16.9565 of the statutes is created to read:

AB588-ASA3,2,2 16.9565 Electric vehicle charging facilities. (1) In this section:

AB588-ASA3,2,4 (a) “Charging facility” means electric vehicle charging equipment, including Level 1, Level 2, and fast charging equipment and analogous successor technologies.

AB588-ASA3,2,7 (b) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law.

AB588-ASA3,2,8 (2) No state agency may own, operate, manage, or lease a charging facility.

AB588-ASA3,2,11 (3) Notwithstanding sub. (2), a state agency may own or operate a charging facility that is not available to the public if the sole purpose of the charging facility is charging vehicles owned or leased by a state agency.

AB588-ASA3,2 Section 2. 66.0440 of the statutes is created to read:

AB588-ASA3,2,13 66.0440 Electric vehicle charging facilities. (1) In this section:

AB588-ASA3,2,15 (a) “Charging facility” means electric vehicle charging equipment, including Level 1, Level 2, and fast charging equipment and analogous successor technologies.

AB588-ASA3,2,16 (b) “Local governmental unit” means any of the following:

AB588-ASA3,2,17 1. A city, village, town, or county.

AB588-ASA3,2,18 2. A school district.

AB588-ASA3,2,19 3. A special purpose district in this state.

AB588-ASA3,3,1 4. An agency or corporation of an entity described in subd. 1. or 3.

AB588-ASA3,3,2 5. A combination or subunit of an entity described in this paragraph.

AB588-ASA3,3,3 (c) “Municipal utility” has the meaning given in s. 16.957 (1) (q).

AB588-ASA3,3,5 (2) No local governmental unit may own, operate, manage, lease, or control a charging facility.

AB588-ASA3,3,9 (3) Notwithstanding sub. (2), and subject to sub. (5), a local governmental unit may authorize an electric provider, as defined in s. 16.957 (1) (f), or a person described in s. 196.01 (5) (b) 8. to own and operate a charging facility that is available to the public on property owned by the local governmental unit.

AB588-ASA3,3,12 (4) Notwithstanding sub. (2), a local governmental unit may own or operate a charging facility that is not available to the public if the sole purpose of the charging facility is charging vehicles owned or leased by a local governmental unit.

AB588-ASA3,3,15 (5) Notwithstanding sub. (2), a municipal utility existing on the effective date of this subsection .... [LRB inserts date], may own and operate a charging facility that is available to the public if all of the following apply:

AB588-ASA3,3,17 (a) The charging facility receives any approvals from the public service commission required under ch. 196.

AB588-ASA3,3,23 (b) No tax revenue subsidizes, directly or indirectly, any costs associated with the charging facility. This paragraph does not prohibit a municipal utility from using grant money from this state that is distributed after approval by the joint committee on finance under s. 13.10 or the federal government to pay costs associated with constructing a charging facility if the purpose of the grant is to expand the availability of electric vehicle charging infrastructure.

AB588-ASA3,4,2 (c) Notwithstanding s. 66.0811 (2), no revenue generated by the charging facility is transferred to the general fund of the municipality that owns the municipal utility or otherwise directly or indirectly supplements any portion of the municipality's budget.

AB588-ASA3,3 Section 3. 196.01 (5) (b) 8. of the statutes is created to read:

AB588-ASA3,4,7 196.01 (5) (b) 8. A person who owns, operates, manages, leases, or controls a charging facility, as defined in s. 196.93 (1) (a), that supplies electricity to a user of the charging facility exclusively for charging electric vehicles if all of the following apply:

AB588-ASA3,4,12 a. If the person charges a fee for parking near the charging facility, the fee is a flat fee, is based on the amount of time a user parks near or is connected to the charging facility, is based on the cost or rate charged to the person by the person's electric provider, as defined in s. 16.957 (1) (f), or is based on the amount of electricity the user consumes.

AB588-ASA3,4,15 b. All of the electricity that a user receives by connecting to the person's charging facility is obtained from the electric provider, as defined in s. 16.957 (1) (f), serving the area in which the charging facility is located.

AB588-ASA3,4,17 c. The person notifies the person's electric provider, as defined in s. 16.957 (1) (f), about the charging facility.

AB588-ASA3,4,19 d. The person does not otherwise directly or indirectly provide electricity to the public for a fee.

AB588-ASA3,4 Section 4. 196.93 of the statutes is created to read:

AB588-ASA3,4,21 196.93 Electric vehicle charging facilities. (1) In this section:

AB588-ASA3,4,23 (a) “Charging facility” means electric vehicle charging equipment, including Level 1, Level 2, and fast charging equipment and analogous successor technologies.

AB588-ASA3,4,24 (b) “Electric provider” has the meaning given in s. 16.957 (1) (f).

AB588-ASA3,5,3 (2) (a) An electric provider may not restrict a customer from charging a fee to users who park near or connect to the customer's charging facility if all of the following apply:

AB588-ASA3,5,7 1. The fee charged is a flat fee, is based on the amount of time a user parks near or is connected to the charging facility, is based on the cost or rate charged to the customer by the customer's electric provider, or is based on the amount of electricity the user consumes.

AB588-ASA3,5,10 2. All of the electricity that a user receives by connecting to the customer's charging facility is obtained from the electric provider serving the area in which the charging facility is located.

AB588-ASA3,5,15 (b) This subsection does not apply to a charging facility that a customer purchases using a grant from an electric provider or that an electric provider partially or entirely owns. Incurring infrastructure or interconnection costs related to a charging facility does not confer any ownership of the charging facility to an electric provider.

AB588-ASA3,5,17 (3) The commission shall enforce the prohibition under sub. (2) against electric utilities, as defined in s. 16.957 (1) (g).

AB588-ASA3,5 Section 5. Nonstatutory provisions.

AB588-ASA3,5,19 (1) Registration of certain electric vehicle charging facilities.

AB588-ASA3,5,20 (a) In this subsection:

AB588-ASA3,5,21 1. “Charging facility” has the meaning given in s. 196.93 (1) (a).