Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 30, 2025

 

S. 275

 

Introduced by Senators Grooms, Walker, Climer, Zell and Sutton

 

S. Printed 4/30/25--H.

Read the first time March 5, 2025

 

________

 

The committee on House Labor, Commerce and Industry

To whom was referred a Bill (S. 275) to amend the South Carolina Code of Laws by amending Section 58-27-10, relating to electric vehicle definitions so as to add definitions for electric vehicles and, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

WILLIAM HERBKERSMAN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill as amended adds definitions for EVs and direct current fast charging stations. Also, the bill makes provisions for electrical utilities, local governments, PSA, or electric cooperatives to provide and appropriately charge for the make-ready infrastructure required to serve the electrical load for EV charging needs or to meet the requirements of any state or federal grant funding. The bill further requires that electrical utilities, local governments, PSA, or electric cooperatives that provide, own, operate, or maintain direct current fast charging stations for direct to the public use shall offer fair, reasonable and non-discriminatory rates and service to all entities providing similar services and shall not act in a way that provides an unreasonable advantage for their direct current charging stations.

 

In addition, the bill limits the revenue received from services other than direct current fast charging stations by electrical utilities, local governments, the PSA, or an electric cooperative from being used directly or indirectly for subsidizing investments in direct current EV charging stations owned or operated by such entities. The bill also exempts charging stations constructed, provided by, owned, operated or maintained prior to the effective date of this act from the above-mentioned revenue use restrictions. The bill further exempts from the revenue use restrictions the charging stations that are not public facing, are located on the premises of electrical utilities, local governments, PSA, or electric cooperatives and are used solely for the purpose of serving these entities' own EVs or the EVs owned by their employees.

 

PSA and ORS indicate that the bill as amended will have no expenditure impact as both agencies indicate they can manage the additional requirements with existing staff and resources.

 

Local Expenditure

This bill makes provisions for electrical utilities, local governments, PSA, or electric cooperatives to provide and appropriately charge for the make-ready infrastructure required to serve the electrical load for EV charging needs or to meet the requirements of any state or federal grant funding. The bill further requires that electrical utilities, local governments, PSA, or electric cooperatives that provide, own, operate, or maintain direct current fast charging stations for direct to the public use shall offer fair, reasonable and non-discriminatory rates and service to all entities providing similar services and shall not act in a way that provides an unreasonable advantage for their direct current charging stations.

 

MASC indicates that no municipality currently offers or has plans to offer direct current fast charging stations for public use. MASC further notes that the clarifying language that distinguishes between make-ready infrastructure and direct current fast charging stations would allow municipal electric utilities to implement or continue programs that encourage EV use through the provision of rebates or other incentives for make-ready infrastructure installation. Further MASC notes that the amended bill would allow municipalities to continue offering Level 2 charging stations for free public use, which are currently used as a local economic development tool to attract more visitors of local businesses. MASC also indicates that this bill as amended is fiscally neutral since it protects existing investments in make-ready infrastructure for electric charging services. Therefore, MASC does not anticipate that this bill will have an expenditure impact on municipal governments.

 

RFA also contacted all counties to determine the potential expenditure this bill may have on local governments. We have received a response from the Chesterfield and Beaufort counties. Both counties indicate this bill will have no expenditure impact. Based on this response, RFA anticipates this bill will have no expenditure impact on local governments.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-27-10, RELATING TO ELECTRIC VEHICLE DEFINITIONS SO AS TO ADD DEFINITIONS FOR ELECTRIC VEHICLES AND CHARGING STATIONS; AND BY AMENDING SECTION 58-27-1060, RELATING TO ELECTRIC VEHICLE CHARGING STATIONS, SO AS TO PROVIDE THAT AN ELECTRIC UTILITY OR OTHER PROVIDER THAT OFFERS AN ELECTRIC VEHICLE CHARGING STATION DIRECTLY TO THE PUBLIC SHALL DO SO ON A NON-DISCRIMINATORY BASIS UNDER THE SAME FEES AND CONDITIONS OFFERED TO PRIVATE PROVIDERS OF ELECTRIC VEHICLE CHARGING STATIONS; AND TO REGULATE REVENUE.

 

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 and is separate and distinct from make-ready infrastructure.

    (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 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 electrical 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 and appropriately charge for the make-ready infrastructure required to serve the electrical load of electric vehicle charging stations to furnish electricity to electric vehicle charging providers for charging electric vehicles, or to utilize any state or federal grant funding. 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 a direct-current-fast-charging station for direct public use shall offer fair, reasonable, and nondiscriminatory rates and services to all entities providing similar services and shall not act in a manner that provides an unreasonable advantage for its direct-current-fast-charging stations.

    (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 from electric services other than direct-current-fast-charging stations, shall not, directly or indirectly, subsidize investments in direct-current-fast-charging stations owned or operated by such entities.

    (E) Nothing in subsection (C) or (D) shall be construed to apply to a direct-current-fast-charging station that was constructed, provided by, owned, operated, or maintained by an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative prior to the effective date of this act.

    (F) Nothing in subsection (D) shall be construed to apply to direct-current-fast-charging stations that are not public facing and located on the premises of an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative for the sole purpose of serving its own electric vehicles or electric vehicles owned by its employees.

 

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

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