The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: SB 920
INTRODUCER: Senator Perry
SUBJECT: Electric Vehicle Transportation Electrification Plan
DATE: January 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Sharon Imhof RI Favorable
2. TR
3. RC
I. Summary:
SB 920 creates s. 366.945, F.S., relating to an electric vehicle (EV) transportation electrification
plan. The bill directs the Public Service Commission (PSC) to adopt rules for the plan, to
facilitate the deployment of EV charging infrastructure in a competitively neutral manner,
including reasonable and affordable electric rates for investor-owned electric utilities that offer
EV charging to the public. The rules must address:
Investment in publicly available Level 2 and direct-current fast-charging (DCFC) chargers
that are competitively neutral, prioritizing and encouraging private investment and private
ownership and operation of EV charging infrastructure;
Policies that stimulate innovation, competition, private investment, and customer choice in
EV infrastructure charging equipment and networks;
Mechanisms, including incentives, supporting efficient and cost-effective use of the electric
grid, in a manner that supports EV charging infrastructure;
Incentives supporting private investment in charging equipment;
Policies prohibiting IOUs from using rate base investment in the ownership and operation of
EV charging stations and limit public utility cost recovery to distribution-level system
infrastructure on the utility side of the meter; and
Stimulation of fair and reasonable electricity pricing through IOU tariff provisions to
promote widespread offering of EV charging.
The bill requires the PSC to propose rules by January 1, 2023, with final rule adoption by
January 1, 2024.
The bill allows any entity providing EV charging stations to the public to intervene in any PSC
proceeding involving IOU rates, terms, or conditions.
BILL: SB 920 Page 2
Under the bill, IOUs may provide EV charging stations directly to the public through a separate,
unregulated entity on the same terms and conditions as other EV charging station providers. The
bill provides for the removal of EV charging assets from an IOU’s rate base, if the IOU directly
provides EV charging stations to the public in a manner that violates the bill or violates PSC
rules adopted under the bill within one year of rule adoption. Any EV charging station
infrastructure provided as a rate base asset must be removed from the rate base or provided
through a separate unregulated corporate affiliate.
The bill is effective July 1, 2022.
II. Present Situation:
Electric vehicles1 offer a readily available and cleaner fuel source, with higher fuel efficiency
and improved air quality compared to vehicles with internal combustion engines.2 Increased
interest in EVs is driven by higher gas prices and greenhouse gas emission concerns.3 However,
limited EV range, limited charging infrastructure, and range anxiety4 have deterred many drivers
considering electrification.5 As advancements in EV technology continue, EV manufacturing
increases, and EV prices become more accessible, representatives in both government and the
private sector suggest that successful adoption of EV use is heavily dependent on the
accessibility of charging stations.6 Many see chargers as the proverbial chicken to the EV egg.7
Types of EVs
The U.S. Department of Energy’s Alternative Fuels Data Center (AFDC) uses the term,
“electric-drive vehicles,” to collectively refer to hybrid electric vehicles (HEV), plug-in hybrid
electric vehicles (PHEV), and all-electric vehicles (EV).8 According to the AFDC:
HEVs are primarily powered by an internal combustion engine that runs on conventional or
alternative fuel and an electric motor using energy stored in a battery. The battery is charged
through regenerative braking and the internal combustion engine, not by plugging in to
charge.
PHEVs are powered by an internal combustion engine and an electric motor using energy
stored in a battery. They can operate in all-electric mode through a larger battery, which can
1
Section 320.01(36), F.S., defines an “electric vehicle” as “a motor vehicle that is powered by an electric motor that draws
current from rechargeable storage batteries, fuel cells, or other sources of electrical current.”
2
Federal Highway Administration, FHWA NHTS Brief, Electric Vehicle Feasibility, July 2016, p. 1, available at
http://nhts.ornl.gov/briefs/EVFeasibility20160701.pdf (last visited Jan. 13, 2022).
3
Id.
4
Range anxiety is the feeling an EV driver has when the battery charge is low, and the usual sources of electricity are
unavailable, striking a fear of being stranded. J.D. Power, What is Range Anxiety with Electric Vehicles?,
https://www.jdpower.com/cars/shopping-guides/what-is-range-anxiety-with-electric-vehicles (last visited Jan. 13, 2022).
5
FHWA, Electric Vehicle Feasibility Brief, supra n. 2, pp. 1-2.
6
Id.
7
See Charged Electric Vehicle Magazine, European Union official says chargers are the chicken for the EV egg,
Feb. 6, 2013, https://chargedevs.com/newswire/european-union-official-says-chargers-are-chicken-ev-egg/ (last visited
Jan. 13, 2022); Environmental Defense Fund, The chicken and the egg of electric vehicle charging, Apr. 11, 2019,
https://medium.com/the-fourth-wave/the-chicken-and-the-egg-of-electric-vehicle-charging-6a3fd27cfa2d (last visited
Jan. 13, 2022).
8
U.S. Dept. Energy, AFDC, Hybrid and Plug-In Electric Vehicles, https://afdc.energy.gov/vehicles/electric.html (last visited
Jan. 13, 2022).
BILL: SB 920 Page 3
be plugged in to an electric power source to charge. Most can travel between 20 and 40 miles
on electricity alone, and then will operate solely on gasoline, similar to a conventional
hybrid.
EVs use a battery to store the electric energy that is charged by plugging the vehicle into
charging equipment. EVs always operate in all-electric mode and have typical driving ranges
from 150 to 300 miles.9
EV Charging Equipment
EVs are becoming increasingly popular in the United States, prompting a focus on the
installation of electric vehicle charging infrastructure. Electric vehicle charging stations have EV
supply equipment (EVSE) capable of charging an electric vehicle’s battery.10 Charging stations
site hosts may provide such stations free of charge or collect revenue for electric vehicle
charging through subscription, pay-per-charge, or pay-for-parking systems.11
EV charging equipment is classified based on the rate of charge.12 Charging times vary,
depending on the depletion level of the battery, how much energy the battery holds, the type of
battery, and the type of supply equipment.13 Charging times can range from less than 20 minutes
to more than 20 hours.14 Potential driving distance ranges from:
Two to five miles of range per one hour of charging for Level 1 supply equipment;
Ten to twenty miles per one hour of charging for Level 2 supply equipment; and
Sixty to eighty miles per twenty minutes of charging for DCFC supply equipment.15
According to the AFDC, for most drivers, charging occurs overnight at home, using Level 1 or
AC Level 2 charging equipment.16
Level 1 Charging
Level 1, typically at-home charging, through a power cord which comes as standard equipment
on new EVs, only requires a standard 120-volt outlet, so no additional equipment is required.17
This can add about 40 miles of range in an eight hour overnight charge for a mid-size EV.18
Typically, Level 1 charging is used when only a 120 volt-outlet is available, but can easily be
enough to supply a typical driver’s needs.19 As of 2020, fewer than 5% of public EV charging
ports in the United States were Level 1.20
9
Id.
10
See U.S. Dept. Energy, Plug-In Electric Vehicle Handbook for Public Charging Station Hosts (April 2012), available at
https://www.afdc.energy.gov/pdfs/51227.pdf (last visited Jan. 13, 2022).
11
Id.at p. 9.
12
U.S. Dept. Energy, AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles,
https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited Jan. 13, 2022).
13
Id.
14
Id.
15
Id.
16
U.S. Dept. Energy, AFDC, Charging Plug-In Electric Vehicles at Home,
https://afdc.energy.gov/fuels/electricity_charging_home.html (last visited Jan 13, 2022).
17
AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles, supra n. 12.
18
Id.
19
Id.
20
Id.
BILL: SB 920 Page 4
Level 2 Charging
Level 2, typically home and public charging, commonly requires a charging unit on a 240-volt
circuit, such as one used for home appliances like a clothes dryer.21The charging rate depends on
the rate at which a vehicle can accept a charge and the maximum current available.22 This
method may require purchasing an at-home charging unit and modifications to a home electric
system, but charges from two to eight times faster than a Level 1.23 These chargers are most
common at public charging places like offices, grocery stores, and parking garages. 24 As of
January 2022, nearly 80% of all public EVSE ports in the United States were Level 2.25
Direct Charge Fast Chargers
DCFC, typically public charging, allows for rapid charging along heavy traffic corridors.26
DCFCs are best used for longer travel distances; vehicles heavily used throughout the day like
taxis, and for drivers with limited access to at-home charging, such as multi-unit renters.27 As of
January 2020, over 18% of all public EVSE ports in the United States were DCFC.28 There are
three types of DCFC systems, depending on the type of charge port on the vehicle:
SAE Combined Charging System, allowing a driver to use the same charge port when
charging with Level 1, Level 2, or DCFC.
The CHAdeMO connector, which is the most common.
Tesla, which is a unique, proprietary connector that works for all Tesla charging levels,
including their fast charging option, called Supercharge. Tesla does not have a CHAdeMO
port, but Tesla sells an adapter.29
EV Charging in Florida
Since the current regulatory structure of electric utilities in Florida includes exclusive service
territories, the sale of electricity to retail, or end-use customers by a third party is not permitted.30
In 2012 the Florida Legislature created an exemption for electric vehicle charging, under
s. 366.94(4), F.S., declaring that the provision of electric vehicle charging to the public by a non-
utility is not considered a retail sale of electricity under ch. 366, F.S. The rates, terms, and
conditions of EV charging by a non-utility are not subject to PSC regulation.31 As a result, the
installation and provision of electric vehicle charging by a non-utility is not subject to regulation
by the PSC.
21
Id.
22
Union of Concerned Scientists, Electric Vehicle Charging, Types, Time, Cost and Savings, (March 2018) available at
https://www.ucsusa.org/resources/electric-vehicle-charging-types-time-cost-and-savings (last visited Jan. 14, 2022).
23
Id.
24
Id.
25
See U.S. Dept. of Energy, Alternative Fueling Station Counts by State,
https://www.afdc.energy.gov/fuels/stations_counts.html (last visited Jan. 13, 2022).
26
AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles, supra n. 12.
27
Union of Concerned Scientists, Electric Vehicle Charging, Types, Time, Cost and Savings,
https://www.ucsusa.org/resources/electric-vehicle-charging-types-time-cost-and-savings (last visited Jan. 14, 2022).
28
See U.S. Dept, Energy, Alternative Fueling Station Counts by State, supra n.25.
29
AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles, supra n. 12.
30
FDOT, EV Infrastructure Master Plan (July 2021), p. 16, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/planning/fto/fdotevmp.pdf (last visited Jan. 13, 2022).
31
Section 366.94(1), F.S.
BILL: SB 920 Page 5
Section 377.815, F.S., authorizes, but does not require, the Florida Department of Agriculture
and Consumer Services (DACS) to post information on its website relating to alternative fueling
stations, including EV charging, available for public use in this state. The DACS’s website
contains addresses by city and county on EV charging station locations in Florida, reflecting 933
charging station locations by specific address.32
The U.S. Department of Energy reflects that Florida has the third largest EV charging
infrastructure in the country, behind California and New York, respectively. 33 As of
January 14, 2022, Florida has the following numbers of charging infrastructure:
Station locations – 2,633
EV supply equipment ports – 6,752
Level 1 chargers - 370
Level 2 chargers – 5,217
DCF chargers – 1,165
Electric Vehicle Infrastructure Master Plan
In 2020, the Legislature created s. 339.287, F.S., relating to the EV charging station
infrastructure plan, requiring the Florida Department of Transportation (FDOT) to coordinate,
develop, and recommend a Master Plan for the development of electric vehicle charging station
infrastructure along the State Highway System.34 The FDOT, in consultation with the Florida
Department of Environmental Protection, the PSC, and other state agencies, developed the EV
Master Plan (EVMP) with extensive public engagement.35 The stated goals of the EVMP were
to:
Support both short-range and long-range electric vehicle travel;
Encourage the expansion of electric vehicle use in the state; and
Adequately serve evacuation routes in the state.
In July 2021, the EVMP was delivered, providing a comprehensive course of action to efficiently
and effectively provide for EV charging infrastructure.36 The EVMP discusses:
Benefits of electrified mobility;
Barriers to adoption and industry trends;
Installation considerations;
Fleet considerations and future advancements;
Utility regulatory considerations;37
Strategies to develop charging supply;
EV market adoption;
Impacts to transportation funding;
32
DACS, select Electricity, available at https://www.fdacs.gov/Energy/Florida-Energy-Clearinghouse/Transportation (last
visited Jan.13, 2022).
33
U.S. Dept, Energy, Alternative Fueling Station Counts by State, supra n. 25.
34
Chapter 2020-21, s. 3, Laws of Fla.
35
FDOT, Electric Vehicle Infrastructure Master Plan, https://www.fdot.gov/planning/fto/ev/default (last visited
Jan. 13, 2022).
36
FDOT, EVMP, supra n. 30.
37
Pages 15-22 of the EVMP discuss utility regulatory considerations.
BILL: SB 920 Page 6
Resiliency and emergency evacuations;
Identification of potential new EVSE locations;
EV infrastructure on the state highway system; and
Recommendations.
Florida Public Service Commission
The PSC is an arm of the legislative branch of government.38 The role of the PSC is to ensure
that Florida’s consumers receive utility services, including electric, natural gas, telephone, water,
and wastewater, in a safe, reasonable, and reliable manner.39 In order to do so, the PSC exercises
authority over public utilities in one or more of the following areas: (1) Rate or economic
regulation; (2) Market competition oversight; and/or (3) Monitoring of safety, reliability, and
service issues.40 Chapter 366, F.S., grants the PSC broad authority over the retail sales of
electricity by IOUs, under which the PSC has approved EV charging pilot programs.
Public Utilities
A public utility includes any person or legal entity supplying electricity or gas, including natural,
manufactured, or similar gaseous substance, to or for the public within the state.41 The term does
not include municipal electric utilities