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: allows for funding from large-scale electric utility customers for a maximum of $50,000,000 for all costs and expenses associated with: the deployment of utility-owned vehicle charging infrastructure; and utility vehicle charging service provided by the large-scale electric utility; creates a new customer class, with a utility vehicle charging service rate structure that: is determined by the commission to be in the public interest; 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 may allow different rates for large-scale electric utility customers to reflect contributions to investment; and includes a transportation plan that promotes: the deployment of utility-owned vehicle charging infrastructure in the public interest; and the availability of utility vehicle charging service.
(3) Before submitting a proposed charging infrastructure program to the commission for commission approval under Subsection, a large-scale electric utility shall seek and consider input from: (2) the Division of Public Utilities, established in Section; 54-4a-1 the Office of Consumer Services, created in Section; 54-10a-201 the Division of Air Quality, created in Section; 19-1-105 the Department of Transportation, created in Section; 72-1-201 the Governor's Office of Economic Development, created in Section; 63N-1a-301 the Office of Energy Development, created in Section; 79-6-401 the board of the Utah Inland Port Authority, created in Section; 11-58-201 representatives of the Point of the Mountain State Land Development Authority, created in Section; 11-59-201 third-party electric vehicle battery charging service operators; and 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: increases the availability of electric vehicle battery charging service in the state; 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; includes an evaluation of investments in the areas of the authority jurisdictional land, as defined in Section, and the point of the mountain state land, as defined in Section; 11-58-102 11-59-102 enables competition, innovation, and customer choice in electric vehicle battery charging services, while promoting low-cost services for electric vehicle battery charging customers; and provides for ongoing coordination with the Department of Transportation, created in Section. 72-1-201
(5) The commission may, consistent with Subsection, approve an amendment to the charging infrastructure program if the large-scale electric utility demonstrates that the amendment: (2) is prudent; will provide net benefits to customers; and 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: 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 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: 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; 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 facilitate any other measure that the commission determines: promotes deployment of utility-owned vehicle charging infrastructure and utility vehicle charging service; or 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 about the charging infrastructure program's activities during the previous calendar year, including information on: the charging infrastructure program's status, operation, funding, and benefits; the disposition of charging infrastructure program funds; and the charging infrastructure program's impact on rates.