Utah Code 54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure
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(1) As used in this section, “charging infrastructure program” means the program described in Subsection (2).
Terms Used In Utah Code 54-4-41
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Utility vehicle charging service: means the furnishing of electricity:
(38)(a) to an electric vehicle battery charging station;(38)(b) by a public utility in whose service area the charging station is located; and(38)(c) pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. See Utah Code 54-2-1- Utility-owned vehicle charging infrastructure: means all facilities, equipment, and electrical systems owned and installed by a large-scale electric utility:
(37)(a) on the customer's side or the large-scale electric utility's side of the electricity metering equipment; and(37)(b) to facilitate utility vehicle charging service or other electric vehicle battery charging service. See Utah Code 54-2-1(2) The commission shall authorize a large-scale electric utility program that:(2)(a) allows for funding from large-scale electric utility customers for a maximum of $50,000,000 for all costs and expenses associated with:(2)(a)(i) the deployment of utility-owned vehicle charging infrastructure; and(2)(a)(ii) utility vehicle charging service provided by the large-scale electric utility;(2)(b) creates a new customer class, with a utility vehicle charging service rate structure that:(2)(b)(i) is determined by the commission to be in the public interest;(2)(b)(ii) is a transitional rate structure expected to allow the large-scale electric utility to recover, through charges to utility vehicle charging service customers, the large-scale electric utility’s full cost of service for utility-owned vehicle charging infrastructure and utility vehicle charging service over a reasonable time frame determined by the commission; and(2)(b)(iii) may allow different rates for large-scale electric utility customers to reflect contributions to investment; and(2)(c) includes a transportation plan that promotes:(2)(c)(i) the deployment of utility-owned vehicle charging infrastructure in the public interest; and(2)(c)(ii) the availability of utility vehicle charging service.(3) Before submitting a proposed charging infrastructure program to the commission for commission approval under Subsection (2), a large-scale electric utility shall seek and consider input from:(3)(a) the Division of Public Utilities, established in Section 54-4a-1;(3)(b) the Office of Consumer Services, created in Section 54-10a-201;(3)(c) the Division of Air Quality, created in Section 19-1-105;(3)(d) the Department of Transportation, created in Section 72-1-201;(3)(e) the Governor’s Office of Economic Opportunity, created in Section 63N-1a-301;(3)(f) the Office of Energy Development, created in Section 79-6-401;(3)(g) the board of the Utah Inland Port Authority, created in Section 11-58-201;(3)(h) representatives of the Point of the Mountain State Land Development Authority, created in Section 11-59-201;(3)(i) third-party electric vehicle battery charging service operators; and(3)(j) any other person who files a request for notice with the commission.(4) The commission shall find a charging infrastructure program to be in the public interest if the commission finds that the charging infrastructure program:(4)(a) increases the availability of electric vehicle battery charging service in the state;(4)(b) enables the significant deployment of infrastructure that supports electric vehicle battery charging service and utility-owned vehicle charging infrastructure in a manner reasonably expected to increase electric vehicle adoption;(4)(c) includes an evaluation of investments in the areas of the authority jurisdictional land, as defined in Section 11-58-102, and the point of the mountain state land, as defined in Section 11-59-102;(4)(d) enables competition, innovation, and customer choice in electric vehicle battery charging services, while promoting low-cost services for electric vehicle battery charging customers; and(4)(e) provides for ongoing coordination with the Department of Transportation, created in Section 72-1-201.(5) The commission may, consistent with Subsection (2), approve an amendment to the charging infrastructure program if the large-scale electric utility demonstrates that the amendment:(5)(a) is prudent;(5)(b) will provide net benefits to customers; and(5)(c) is otherwise consistent with the requirements of Subsection (2).(6) The commission shall authorize recovery of a large-scale electric utility’s investment in utility-owned vehicle charging infrastructure through a balancing account or other ratemaking treatment that reflects:(6)(a) charging infrastructure program costs associated with prudent investment, including the large-scale electric utility’s pre-tax average weighted cost of capital approved by the commission in the large-scale electric utility’s most recent general rate proceeding, and associated revenue and prudently incurred expenses; and(6)(b) a carrying charge.(7) A large-scale electric utility’s investment in utility-owned vehicle charging infrastructure is prudently made if the large-scale electric utility demonstrates in a formal adjudicative proceeding before the commission that the investment can reasonably be anticipated to:(7)(a) result in one or more projects that are in the public interest of the large-scale electric utility’s customers to reduce transportation sector emissions over a reasonable time period as determined by the commission;(7)(b) provide the large-scale electric utility’s customers significant benefits that may include revenue from utility vehicle charging service that offsets the large-scale electric utility’s costs and expenses; and(7)(c) facilitate any other measure that the commission determines:(7)(c)(i) promotes deployment of utility-owned vehicle charging infrastructure and utility vehicle charging service; or(7)(c)(ii) creates significant benefits in the long term for customers of the large-scale electric utility.(8) A large-scale electric utility that establishes and implements a charging infrastructure program shall annually, on or before June 1, submit a written report to the Public Utilities, Energy, and Technology Interim Committee of the Legislature about the charging infrastructure program’s activities during the previous calendar year, including information on:(8)(a) the charging infrastructure program’s status, operation, funding, and benefits;(8)(b) the disposition of charging infrastructure program funds; and(8)(c) the charging infrastructure program’s impact on rates.