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2020 SESSION
20100946DBe it enacted by the General Assembly of Virginia:
1. That §§ 2.2-614.5, 56-1.2, 56-1.2:1, and 56-232.2:1 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-614.5. Electric vehicle charging stations.
The Department of General Services, Department of Motor
Vehicles, and Department of Transportation Each agency, as defined in §
2.2-128, may locate and operate a retail fee-based electric vehicle
charging station on any property or facility that such agency controls [ if the
electric vehicle charging services are offered at prevailing market rates ] . [
For the purposes of this section, "prevailing market rates" means
rates that include applicable taxes and are similar to those generally available
to consumers in competitive areas for the same services. ]
§ 56-1.2. Persons, localities, and school boards not designated as public utility, public service corporation, etc.
The terms public utility, public service corporation, or public service company, as used in Chapters 1 (§ 56-1 et seq.), 10 (§ 56-232 et seq.), 10.1 (§ 56-265.1 et seq.), and 10.2:1 (§ 56-265.13:1 et seq.) of this title, shall not refer to:
1. Any person who owns or operates property and provides electricity, natural gas, water, or sewer service to residents or tenants on the property, provided that (i) the electricity, natural gas, water, or sewer service provided to the residents or tenants is purchased by the person from a public utility, public service corporation, public service company, or person licensed by the Commission as a competitive provider of energy services, or a county, city or town, or other publicly regulated political subdivision or public body, (ii) the person or his agent charges to the resident or tenant on the property only that portion of the person's utility charges for the electricity, natural gas, water, or sewer service which is attributable to usage by the resident or tenant on the property, and additional service charges permitted by § 55.1-1212 or 55.1-1404, as applicable, and (iii) the person maintains three years' billing records for such charges.
2. Any (i) person who is not a public service corporation and
who provides electric vehicle charging service at retail, (ii) school board
that operates retail fee-based electric vehicle charging stations on school
property pursuant to § 22.1-131, or (iii) locality that operates a
retail fee-based electric vehicle charging station on property owned or leased
by the locality pursuant to § 15.2-967.2, or (iv) board of visitors of any
baccalaureate public institution of higher education that operates a retail
fee-based electric vehicle charging station on the grounds of such institution
pursuant to § 23.1-1301.1. The ownership or operation of a facility at which
electric vehicle charging service is sold, and the selling of electric vehicle
charging service from that facility, does not render such person, school board,
locality, or board of visitors a public utility, public service corporation, or
public service company as used in Chapters 1 (§ 56-1 et seq.), 10 (§ 56-232 et
seq.), 10.1 (§ 56-265.1 et seq.), and 10.2:1 (§ 56-265.13:1 et seq.) solely
because of that sale, ownership, or operation.
3. The Department of Conservation and Recreation Any
agency, as defined in § 2.2-128, when operating a retail fee-based electric
vehicle charging station pursuant to § 2.2-614.5 on any property
of any existing state park or similar recreational facility the
Department agency controls pursuant to § 10.1-104.01. The ownership
or operation of a facility at which electric vehicle charging service is sold,
or the selling of electric vehicle charging service from that facility, does
not render the Department of Conservation and Recreation agency a
public utility, public service corporation, or public service company as used
in Chapters 1 (§ 56-1 et seq.), 10 (§ 56-232 et seq.), 10.1 (§ 56-265.1 et
seq.), and 10.2:1 (§ 56-265.13:1 et seq.) solely because of that sale,
ownership, or operation.
4. The Chancellor of the Virginia Community College System
when operating a retail fee-based electric vehicle charging station on the
grounds of any comprehensive community college pursuant to § 23.1-2908.1. The
ownership or operation of a facility at which electric vehicle charging service
is sold, or the selling of electric vehicle charging service from that
facility, does not render the Chancellor of the Virginia Community College
System a public utility, public service corporation, or public service company
as used in Chapters 1 (§ 56-1 et seq.), 10 (§ 56-232 et seq.), 10.1 (§ 56-265.1
et seq.), and 10.2:1 (§ 56-265.13:1 et seq.) solely because of that sale,
ownership, or operation.
5. The Department of General Services, Department of Motor
Vehicles, or Department of Transportation when operating a retail fee-based
electric vehicle charging station on any property or facility that such agency
controls. The ownership or operation of a facility at which electric vehicle
charging service is sold, or the selling of electric vehicle charging service
from that facility, does not render the agency a public utility, public service
corporation, or public service company as used in Chapters 1 (§ 56-1 et seq.),
10 (§ 56-232 et seq.), 10.1 (§ 56-265.1 et seq.), and 10.2:1 (§ 56-265.13:1 et
seq.) solely because of that sale, ownership, or operation.
§ 56-1.2:1. Retail sale of electricity in connection with the provision of electric vehicle charging service.
A. The provision of electric vehicle charging service by a
person, locality, public institution of higher education, or a school
board, or any agency as defined in § 2.2-128 that is not a public
utility, public service corporation, or public service company, or by the
Department of Conservation and Recreation, Department of General Services,
Department of Motor Vehicles, or Department of Transportation, shall not
constitute the retail sale of electricity if:
1. The electricity furnished in connection with the provision of electric vehicle charging service is used solely for transportation purposes; and
2. The person, locality, public institution of higher
education, or school board, or agency as defined in § 2.2-128
providing the electric vehicle charging service, or the Department of
Conservation and Recreation, Department of General Services, Department of
Motor Vehicles, or Department of Transportation, has procured the furnished
electricity from the public utility that is authorized by the Commission to
engage in the retail sale of electricity within the exclusive service territory
in which the electric vehicle charging service is provided.
B. The provision of electric vehicle charging service shall:
1. Be a permitted electric utility activity of a certificated electric utility; and
2. Not affect the status as a public utility of a certificated public utility that provides such service.
§ 56-232.2:1. Regulation of electric vehicle charging service.
The Commission shall not regulate or prescribe the rates,
charges, and fees for the provision of retail electric vehicle charging service
provided by any agency as defined in § 2.2-128, persons, localities,
public institutions of higher education, the Department of Conservation and
Recreation, the Department of General Services, the Department of Motor
Vehicles, the Department of Transportation, or school boards other than
public service corporations. Sales of electricity by public utilities to an
agency as defined in § 2.2-128, a person, a locality, a public
institution of higher education, the Department of Conservation and Recreation,
the Department of General Services, the Department of Motor Vehicles, the
Department of Transportation, or a school board that (i) is not a public
service corporation and (ii) provides electric vehicle charging service shall
continue to be regulated by the Commission to the same extent as are other
services provided by public utilities. The Commission may adopt regulations
implementing this section.
2. That §§ 10.1-104.01, 23.1-1301.1, and 23.1-2908.1 of the Code of Virginia are repealed.