A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS CONCERNING ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES SO AS TO DEFINE TERMS RELATED TO ELECTRIC VEHICLE CHARGING STATIONS; AND BY AMENDING SECTION 58-27-1060, RELATING TO ELECTRIC VEHICLE CHARGING STATIONS, SO AS TO PROVIDE THAT AN ELECTRIC UTILITY, A MUNICIPALITY, A CONSOLIDATED POLITICAL SUBDIVISION, THE PUBLIC SERVICE AUTHORITY, AND ELECTRIC COOPERATIVEs THAT PROVIDE, OWN, OPERATE, OR MAINTAIN AN ELECTRIC VEHICLE CHARGING STATION MUST DO SO THROUGH A SEPARATE, UNREGULATED ENTITY, so as TO PROVIDE THAT ELECTRIC CHARGING STATION FEES, TERMS, RATES, CHARGES, AND CONDITIONS MUST BE ON A NON-DISCRIMINATORY BASIS, AND so as TO PROVIDE THAT REVENUE DERIVED FROM AN ELECTRIC CHARGING STATION SHALL NOT SUBSIDIZE THE OWNER'S INVESTMENTS AND OPERATIONS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 58-27-10 of the S.C. Code is amended by adding:

 

    (12) "Direct current fast charging station" means an electric vehicle charging system capable of delivering electricity at a minimum of fifty kilowatts or greater direct current to an electric vehicle's rechargeable battery at a voltage of two hundred volts or greater.

    (13) "Electric vehicle" means a motor vehicle that is propelled by one or more electric motors using energy stored in the form of a rechargeable battery.

    (14) "Electric vehicle charging station" means any Level 2 charging station or direct current fast charging station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles separate and distinct from a make-ready infrastructure.

    (15) "Level 2 charging station" means any electric vehicle charging system capable of delivering electricity at a minimum of three kilowatts or at a maximum of fifty kilowatts alternating current to an electric vehicle's rechargeable battery at a voltage of two hundred volts or greater.

    (16) "Electric vehicle charging provider" means the owner of an electric vehicle charging station.

 

SECTION 2.  Section 58-27-1060 of the S.C. Code is amended to read:

 

    Section 58-27-1060.  (A) A person or corporation who uses an electric vehicle charging station to resell electricity to the public for compensation is not an electric utility if:

       (1) the person or corporation has procured the electricity from an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative that is authorized to engage in the retail sale of electricity within the territory in which the electric vehicle charging service is provided;

       (2) the person or corporation furnishes electricity exclusively for the charging of plug-in electric vehicles;  and

       (3) the charging station is immobile.

    (B) Nothing in this section shall be construed to limit the ability of an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative to use provide the make-ready infrastructure required to serve the electrical load of electric vehicle charging stations or to furnish electricity to electric vehicle charging providers for charging electric vehicles.  Any increases in customer demand or energy consumption associated with transportation electrification shall not constitute found revenues for an electrical utility.

    (C) An electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative that provides, owns, operates, or maintains an electric vehicle charging station directly to the public shall do so through a separate, unregulated entity and shall do so on a non-discriminatory basis under the same fees, terms, rates, charges, and conditions offered to private providers of electric vehicle charging stations in the designated service territory of an electric utility, municipality, the Public Service Authority, or electric cooperative.

    (D) Revenue received by an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative, or its subsidiary or affiliate, for providing electric service shall not, directly or indirectly, subsidize investments in the ownership and operation of electric vehicle charging stations.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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