Minn. Stat. § 216B.1615 — MN Code / Part 216_217 / Chapter 216B / Section 216B.1615
§ 216B.1615 ELECTRIC VEHICLE DEPLOYMENT PROGRAM.
Status: in_force

§ Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "Battery exchange station" means a physical location deploying equipment that enables a used electric vehicle battery to be removed and exchanged for a fresh electric vehicle battery. (c) "Electric vehicle" means any device or contrivance that transports persons or property and is capable of being powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electricity. Electric vehicle includes but is not limited to: (1) an electric vehicle, as defined in section 169.011, subdivision 26a ; (2) an electric-assisted bicycle, as defined in section 169.011, subdivision 27 ; (3) an off-road vehicle, as defined in section 84.797, subdivision 7 ; (4) a motorboat, as defined in section 86B.005, subdivision 9 ; or (5) an aircraft, as defined in section 360.013, subdivision 37 . (d) "Electric vehicle charging station" means a physical location deploying equipment that: (1) transfers electricity to an electric vehicle battery; (2) dispenses hydrogen into an electric vehicle powered by a fuel cell; (3) exchanges electric vehicle batteries; or (4) provides other equipment used to charge or fuel electric vehicles. (e) "Electric vehicle infrastructure" means electric vehicle charging stations and any associated machinery, equipment, and infrastructure necessary for a public utility to supply electricity or hydrogen to an electric vehicle charging station and to support electric vehicle operation. (f) "Fuel cell" means a cell that converts the chemical energy of hydrogen directly into electricity through electrochemical reactions. (g) "Government entity" means the state, a state agency, or a political subdivision, as defined in section 13.02, subdivision 11 . (h) "Motor fuel" has the meaning given in section 296A.01, subdivision 33 . (i) "Public utility" has the meaning given in section 216B.02, subdivision 4 .

§ Subd. 2. Transportation electrification plan; contents. (a) By November 1, 2023, and periodically as ordered by the commission, but at least every four years thereafter, a public utility must file a transportation electrification plan with the commission that may include but is not limited to elements that: (1) maximize the overall benefits of electric vehicles and other electrified transportation while minimizing overall costs; and (2) promote the: (i) purchase of electric vehicles by the public utility's customers; (ii) deployment of electric vehicle infrastructure in the public utility's service territory; and (iii) development of partnerships, including with establishments that currently retail automotive fuel, in order to increase access to electric vehicle charging stations. (b) A transportation electrification plan may include but is not limited to the following elements: (1) programs to educate and increase the awareness and benefits of electric vehicles and electric vehicle charging equipment among individuals, electric vehicle dealers, single-family and multifamily housing developers and property management companies, building owners and tenants, vehicle service stations, vehicle fleet owners and managers, and other potential users of electric vehicles; (2) investments and customer incentives offered by the public utility to support transportation electrification across all customer classes, including but not limited to investments and customer incentives to facilitate: (i) the deployment of all types of electric vehicles, and the electric vehicle infrastructure and other electric utility infrastructure required to support them; (ii) widespread access to publicly available and conveniently located electric vehicle charging stations, including through partnerships between public utilities and establishments that retail automotive fuel, and any Minnesota trade association predominantly composed of establishments that retail automotive fuel, provided that the establishments: (A) collaborate with the public utility to determine optimal charging locations; (B) operate 24 hours per day and are staffed at least 14 hours per day, excluding public holidays; and (C) assume charging station operating and maintenance costs, while maintaining operating standards in a safe and efficient manner consistent with industry standards; and (iii) the electrification of public transit and vehicle fleets owned or operated by a government entity; (3) research and demonstration projects to increase access to electricity as a transportation fuel, minimize the system costs of electric transportation, and inform future transportation electrification plans; (4) rate structures or programs that: (i) incentivize electric vehicle charging at times of day that optimize electric grid operation through the deployment of time-varying rates and charging optimization programs; (ii) are transparent to a charging customer and an owner of electric vehicle charging stations; and (iii) ensure that the rates, terms, and conditions governing the operation of electric vehicle charging stations are uniform throughout a public utility's service area; (5) programs targeting transportation electrification in low- and moderate-income communities and in neighborhoods most affected by transportation-related air emissions; (6) proposals to expedite commission consideration of program adjustments requested by the public utility; and (7) proposals to share information and results from transportation electrification projects with stakeholders to promote effective electrification in all areas of the state. (c) A transportation electrification plan may include planned upgrades to and investments in a public utility's distribution system that are necessary to accommodate future growth in transportation electrification and support the plan's proposed programs and activities.

§ Subd. 3. Transportation electrification plan; review and implementation. The commission may approve, modify, or reject a transportation electrification plan. When reviewing a transportation electrification plan, the commission must consider whether the programs, investments, and expenditures as a whole are reasonable and in the public interest, and are reasonably expected to: (1) improve the operation of the electric grid; (2) increase access to the use of electricity as a transportation fuel for all customers, including those in low- and moderate-income communities, rural communities, and communities most affected by air emissions from the transportation sector; (3) increase access to publicly available electric vehicle charging for all types of electric vehicles; (4) support the electrification of medium-duty and heavy-duty vehicles and associated charging infrastructure; (5) reduce statewide greenhouse gas emissions, as defined in section 216H.01 , and emissions of other air pollutants that impair the environment and public health; (6) stimulate nonutility investment and the creation of high-quality jobs for local workers; (7) educate the public about the benefits of electric vehicles and related infrastructure; (8) be transparent and incorporate reasonable public reporting of program activities, consistent with existing technology and data capabilities, to inform program design and commission policy with respect to electric vehicles; (9) reasonably balance the benefits of ratepayer funded investments in transportation electrification and impacts on utility rates; and (10) appropriately balance the participation of public utilities and private enterprise in the market for transportation electrification and related services.

§ Subd. 4. Cost recovery. Notwithstanding any other provision of this chapter, the commission may approve cost recovery under section 216B.16 , including an appropriate rate of return, of any prudent and reasonable investments made or expenses incurred by a public utility, including rebates for the installation of electric vehicle infrastructure, to administer and implement an approved transportation electrification plan.

§ Subd. 5. Pending filings. This section shall not apply to any proposals designed to satisfy the objectives established in subdivision 2 that are part of a proceeding that is pending before the commission as of April 1, 2023. In those proceedings, the commission shall have full authority and discretion to accept, modify, or reject the utility's proposals in accordance with the provisions of this chapter extant at the time the public utility's proposals were initially filed in the proceeding. In its filing due November 1, 2023, a public utility that is a party in such a pending proceeding shall not be required under this section to file proposals to satisfy the objectives of subdivision 2 in addition to those accepted or modified by the commission in the pending proceeding.