2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 41 - Recovery of investment in utility-owned vehicle charging infrastructure.

Effective 7/1/2021
54-4-41.
Recovery of investment in utility-owned vehicle charging infrastructure.
(1) As used in this section, "charging infrastructure program" means the program described in Subsection (2).
(2) The commission shall authorize a large-scale electric utility program that:
(a) allows for funding from large-scale electric utility customers for a maximum of $50,000,000 for all costs and expenses associated with:
(i) the deployment of utility-owned vehicle charging infrastructure; and
(ii) utility vehicle charging service provided by the large-scale electric utility;
(b) creates a new customer class, with a utility vehicle charging service rate structure that:
(i) is determined by the commission to be in the public interest;
(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
(iii) may allow different rates for large-scale electric utility customers to reflect contributions to investment; and
(c) includes a transportation plan that promotes:
(i) the deployment of utility-owned vehicle charging infrastructure in the public interest; and
(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:
(a) the Division of Public Utilities, established in Section 54-4a-1;
(b) the Office of Consumer Services, created in Section 54-10a-201;
(c) the Division of Air Quality, created in Section 19-1-105;
(d) the Department of Transportation, created in Section 72-1-201;
(e) the Governor's Office of Economic Opportunity, created in Section 63N-1a-301;
(f) the Office of Energy Development, created in Section 79-6-401;
(g) the board of the Utah Inland Port Authority, created in Section 11-58-201;
(h) representatives of the Point of the Mountain State Land Development Authority, created in Section 11-59-201;
(i) third-party electric vehicle battery charging service operators; and
(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:
(a) increases the availability of electric vehicle battery charging service in the state;
(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;
(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;
(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
(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:
(a) is prudent;
(b) will provide net benefits to customers; and
(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:
(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
(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:
(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;
(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
(c) facilitate any other measure that the commission determines:
(i) promotes deployment of utility-owned vehicle charging infrastructure and utility vehicle charging service; or
(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:
(a) the charging infrastructure program's status, operation, funding, and benefits;
(b) the disposition of charging infrastructure program funds; and
(c) the charging infrastructure program's impact on rates.
Amended by Chapter 280, 2021 General Session
Amended by Chapter 282, 2021 General Session