_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising electric vehicle charging station laws; allowing electric vehicle service providers to purchase power from wholesale markets; AMENDING SECTIONS 69-8-801, 69-8-802, AND 69-8-803, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 69-8-801, MCA, is amended to read:

"69-8-801. Definitions. As used in this part, the following definitions apply:

(1)        "Electric vehicle charging station service provider" means a commercial charging station including all required equipment for the provision of power and fueling of electric vehicles. the entity responsible for operating one or more units of networked or nonnetworked electric vehicle supply equipment. Operating includes but is not limited to:

(a)        sending commands or messages to networked electric vehicle supply equipment;

(b)        receiving commands or messages from networked electric vehicle supply equipment; or

(c)        providing billing, maintenance, reservations, or other services to networked or nonnetworked electric vehicle supply equipment.

(2) "Entity" means any party procuring power for the commercial purpose of electric vehicle charging.

(2)        "Electric vehicle supply equipment" means the unit controlling the power supply to one or more vehicles during a charging session."

Section 2. Section 69-8-802, MCA, is amended to read:

"69-8-802. Electric vehicle charging stations supply equipment -- rate approval. (1) A public utility may shall provide electric service to an electric vehicle charging station supply equipment under a rate approved by the commission. A public utility electing to provide such service shall apply to the commission for an approved rate before agreeing to provide the service to a customer.

(2)        Any rate for providing electric service to an electric vehicle charging station supply equipment must be designed by the commission to fully recover from the electric charging station customer the full cost of providing the service without subsidization from other customers or customer classes consistent with Title 69, chapter 3, part 3."

Section 3. Section 69-8-803, MCA, is amended to read:

"69-8-803. Electric vehicle charging stations supply equipment -- service entity requirements. (1) A public utility may shall allow an electric vehicle charging station service provider that meets the requirements in subsection (2) to be interconnected to its distribution system.

(2)        A public utility may sell power to an entity electric vehicle service provider to service electric vehicle charging stations supply equipment that:

(a)        procure procures power supplied by the public utility for the purpose of electric vehicle charging; and

(b)        service services electric vehicle charging stations supply equipment within the public utility's service territory.

(3)        Entities Electric vehicle service providers operating electric vehicle charging stations supply equipment are not public utilities.

(4) Charges pertaining to fueling electric vehicles may not be based on the cost of electricity.

(4)        Public utilities may operate as an electric vehicle service provider.

(5)        An electric vehicle service provider may designate another entity to act as the electric vehicle service provider for the purposes of this chapter.

(6)        A state agency or public utility is considered an electric vehicle service provider when it is responsible for operating one or more units of electric vehicle supply equipment."

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.