2
3
4
5
6
7 Cosponsors:
8 Patrice M. Arent
9 Stewart E. Barlow
10 Joel K. Briscoe
Steve R. Christiansen
Stephen G. Handy
Suzanne Harrison
Val K. Potter
Keven J. Stratton
11
12 LONG TITLE
13 General Description:
14 This bill modifies public utilities provisions relating to electric vehicle battery charging
15 infrastructure and service.
16 Highlighted Provisions:
17 This bill:
18 ▸ modifies the definitions of "electrical corporation" and "public utility" for purposes
19 of public utility code provisions and expands the description of entities excluded
20 from those definitions because they are entities that sell electric vehicle battery
21 charging service;
22 ▸ enacts definitions relating to electric vehicle battery charging station infrastructure
23 and services;
24 ▸ requires the Public Service Commission to authorize a large-scale electric utility's
25 vehicle charging infrastructure program that allows for a $50,000,000 investment,
26 and provides for amendments to that program; and
27 ▸ provides for a large-scale electric utility to recover the utility's investment in vehicle
28 charging infrastructure.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 54-2-1, as last amended by Laws of Utah 2019, Chapter 460
36 ENACTS:
37 54-4-41, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 54-2-1 is amended to read:
41 54-2-1. Definitions.
42 As used in this title:
43 (1) "Avoided costs" means the incremental costs to an electrical corporation of electric
44 energy or capacity or both that, due to the purchase of electric energy or capacity or both from
45 small power production or cogeneration facilities, the electrical corporation would not have to
46 generate itself or purchase from another electrical corporation.
47 (2) "Clean coal technology" means a technology that may be researched, developed, or
48 used for reducing emissions or the rate of emissions from a thermal electric generation plant
49 that uses coal as a fuel source.
50 (3) "Cogeneration facility":
51 (a) means a facility that produces:
52 (i) electric energy; and
53 (ii) steam or forms of useful energy, including heat, that are used for industrial,
54 commercial, heating, or cooling purposes; and
55 (b) is a qualifying cogeneration facility under federal law.
56 (4) "Commission" means the Public Service Commission.
57 (5) "Commissioner" means a member of the commission.
58 (6) (a) "Corporation" includes an association and a joint stock company having any
59 powers or privileges not possessed by individuals or partnerships.
60 (b) "Corporation" does not include towns, cities, counties, conservancy districts,
61 improvement districts, or other governmental units created or organized under any general or
62 special law of this state.
63 (7) "Distribution electrical cooperative" includes an electrical corporation that:
64 (a) is a cooperative;
65 (b) conducts a business that includes the retail distribution of electricity the cooperative
66 purchases or generates for the cooperative's members; and
67 (c) is required to allocate or distribute savings in excess of additions to reserves and
68 surplus on the basis of patronage to the cooperative's:
69 (i) members; or
70 (ii) patrons.
71 (8) (a) "Electrical corporation" includes every corporation, cooperative association, and
72 person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any
73 electric plant, or in any way furnishing electric power for public service or to its consumers or
74 members for domestic, commercial, or industrial use, within this state.
75 (b) "Electrical corporation" does not include:
76 (i) an independent energy producer;
77 (ii) where electricity is generated on or distributed by the producer solely for the
78 producer's own use, or the use of the producer's tenants, or the use of members of an
79 association of unit owners formed under Title 57, Chapter 8, Condominium Ownership Act,
80 and not for sale to the public generally;
81 (iii) an eligible customer who provides electricity for the eligible customer's own use or
82 the use of the eligible customer's tenant or affiliate; or
83 (iv) a nonutility energy supplier who sells or provides electricity to:
84 (A) an eligible customer who has transferred the eligible customer's service to the
85 nonutility energy supplier in accordance with Section 54-3-32; or
86 (B) the eligible customer's tenant or affiliate.
87 (c) "Electrical corporation" does not include an entity that sells electric vehicle battery
88 charging services[
89 (i) if the entity obtains the electricity for the electric vehicle battery charging service,
90 including any electricity from an electricity storage device:
91 (A) from an electrical corporation in whose service area the electric vehicle battery
92 charging service is located; and
93 (B) under an established tariff for rates, charges, and conditions of service; and
94 (ii) unless the entity conducts another activity in the state that subjects the entity to the
95 jurisdiction and regulation of the commission as an electrical corporation.
96 (9) "Electric plant" includes all real estate, fixtures, and personal property owned,
97 controlled, operated, or managed in connection with or to facilitate the production, generation,
98 transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits,
99 ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying
100 conductors used or to be used for the transmission of electricity for light, heat, or power.
101 (10) "Eligible customer" means a person who:
102 (a) on December 31, 2013:
103 (i) was a customer of a public utility that, on December 31, 2013, had more than
104 200,000 retail customers in this state; and
105 (ii) owned an electric plant that is an electric generation plant that, on December 31,
106 2013, had a generation name plate capacity of greater than 150 megawatts; and
107 (b) produces electricity:
108 (i) from a qualifying power production facility for sale to a public utility in this state;
109 (ii) primarily for the eligible customer's own use; or
110 (iii) for the use of the eligible customer's tenant or affiliate.
111 (11) "Eligible customer's tenant or affiliate" means one or more tenants or affiliates:
112 (a) of an eligible customer; and
113 (b) who are primarily engaged in an activity:
114 (i) related to the eligible customer's core mining or industrial businesses; and
115 (ii) performed on real property that is:
116 (A) within a 25-mile radius of the electric plant described in Subsection (10)(a)(ii); and
117 (B) owned by, controlled by, or under common control with, the eligible customer.
118 (12) "Gas corporation" includes every corporation and person, their lessees, trustees,
119 and receivers, owning, controlling, operating, or managing any gas plant for public service
120 within this state or for the selling or furnishing of natural gas to any consumer or consumers
121 within the state for domestic, commercial, or industrial use, except in the situation that:
122 (a) gas is made or produced on, and distributed by the maker or producer through,
123 private property:
124 (i) solely for the maker's or producer's own use or the use of the maker's or producer's
125 tenants; and
126 (ii) not for sale to others;
127 (b) gas is compressed on private property solely for the owner's own use or the use of
128 the owner's employees as a motor vehicle fuel; or
129 (c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely
130 for sale as a motor vehicle fuel.
131 (13) "Gas plant" includes all real estate, fixtures, and personal property owned,
132 controlled, operated, or managed in connection with or to facilitate the production, generation,
133 transmission, delivery, or furnishing of gas, natural or manufactured, for light, heat, or power.
134 (14) "Heat corporation" includes every corporation and person, their lessees, trustees,
135 and receivers, owning, controlling, operating, or managing any heating plant for public service
136 within this state.
137 (15) (a) "Heating plant" includes all real estate, fixtures, machinery, appliances, and
138 personal property controlled, operated, or managed in connection with or to facilitate the
139 production, generation, transmission, delivery, or furnishing of artificial heat.
140 (b) "Heating plant" does not include either small power production facilities or
141 cogeneration facilities.
142 (16) "Independent energy producer" means every electrical corporation, person,
143 corporation, or government entity, their lessees, trustees, or receivers, that own, operate,
144 control, or manage an independent power production or cogeneration facility.
145 (17) "Independent power production facility" means a facility that:
146 (a) produces electric energy solely by the use, as a primary energy source, of biomass,
147 waste, a renewable resource, a geothermal resource, or any combination of the preceding
148 sources; or
149 (b) is a qualifying power production facility.
150 (18) "Large-scale electric utility" means a public utility that provides retail electric
151 service to more than 200,000 retail customers in the state.
152 (19) "Large-scale natural gas utility" means a public utility that provides retail natural
153 gas service to more than 200,000 retail customers in the state.
154 (20) "Nonutility energy supplier" means a person that:
155 (a) has received market-based rate authority from the Federal Energy Regulatory
156 Commission in accordance with 16 U.S.C. Sec. 824d, 18 C.F.R. Part 35, Filing of Rate
157 Schedules and Tariffs, or applicable Federal Energy Regulatory Commission orders; or
158 (b) owns, leases, operates, or manages an electric plant that is an electric generation
159 plant that:
160 (i) has a capacity of greater than 100 megawatts; and
161 (ii) is hosted on the site of an eligible customer that consumes the output of the electric
162 plant, in whole or in part, for the eligible customer's own use or the use of the eligible
163 customer's tenant or affiliate.
164 (21) "Private telecommunications system" includes all facilities for the transmission of
165 signs, signals, writing, images, sounds, messages, data, or other information of any nature by
166 wire, radio, lightwaves, or other electromagnetic means, excluding mobile radio facilities, that
167 are owned, controlled, operated, or managed by a corporation or person, including their lessees,
168 trustees, receivers, or trustees appointed by any court, for the use of that corporation or person
169 and not for the shared use with or resale to any other corporation or person on a regular basis.
170 (22) (a) "Public utility" includes every railroad corporation, gas corporation, electrical
171 corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone
172 corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation,
173 and independent energy producer not described in Section 54-2-201 where the service is
174 performed for, or the commodity delivered to, the public generally, or in the case of a gas
175 corporation or electrical corporation where the gas or electricity is sold or furnished to any
176 member or consumers within the state for domestic, commercial, or industrial use.
177 (b) (i) If any railroad corporation, gas corporation, electrical corporation, telephone
178 corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation,
179 or independent energy producer not described in Section 54-2-201, performs a service for or
180 delivers a commodity to the public, it is considered to be a public utility, subject to the
181 jurisdiction and regulation of the commission and this title.
182 (ii) If a gas corporation, independent energy producer not described in Section
183 54-2-201, or electrical corporation sells or furnishes gas or electricity to any member or
184 consumers within the state, for domestic, commercial, or industrial use, for which any
185 compensation or payment is received, it is considered to be a public utility, subject to the
186 jurisdiction and regulation of the commission and this title.
187 (c) Any corporation or person not engaged in business exclusively as a public utility as
188 defined in this section is governed by this title in respect only to the public utility owned,
189 controlled, operated, or managed by the corporation or person, and not in respect to any other
190 business or pursuit.
191 (d) Any person or corporation defined as an electrical corporation or public utility
192 under this section may continue to serve its existing customers subject to any order or future
193 determination of the commission in reference to the right to serve those customers.
194 (e) (i) "Public utility" does not include any person that is otherwise considered a public
195 utility under this Subsection (22) solely because of that person's ownership of an interest in an
196 electric plant, cogeneration facility, or small power production facility in this state if all of the
197 following conditions are met:
198 (A) the ownership interest in the electric plant, cogeneration facility, or small power
199 production facility is leased to:
200 (I) a public utility, and that lease has been approved by the commission;
201 (II) a person or government entity that is exempt from commission regulation as a
202 public utility; or
203 (III) a combination of Subsections (22)(e)(i)(A)(I) and (II);
204 (B) the lessor of the ownership interest identified in Subsection (22)(e)(i)(A) is:
205 (I) primarily engaged in a business other than the business of a public utility; or
206 (II) a person whose total equity or beneficial ownership is held directly or indirectly by
207 another person engaged in a business other than the business of a public utility; and
208 (C) the rent reserved under the lease does not include any amount based on or
209 determined by revenues or income of the lessee.
210 (ii) Any person that is exempt from classification as a public utility under Subsection
211 (22)(e)(i) shall continue to be so exempt from classification following termination of the
212 lessee's right to possession or use of the electric plant for so long as the former lessor does not
213 operate the electric plant or sell electricity from the electric plant. If the former lessor operates
214 the electric plant or sells electricity, the former lessor shall continue to be so exempt for a
215 period of 90 days following termination, or for a longer period that is ordered by the
216 commission. This period may not exceed one year. A change in rates that would otherwise
217 require commission approval may not be effective during the 90-day or extended period
218 without commission approval.
219 (f) "Public utility" does not include any person that provides financing for, but has no
220 ownership interest in an electric plant, small power production facility, or cogeneration facility.
221 In the event of a foreclosure in which an ownership interest in an electric plant, small power
222 production facility, or cogeneration facility is transferred to a third-party financer of an electric
223 plant, small power production facility, or cogeneration facility, then that third-party financer is
224 exempt from classification as a public utility for 90 days following the foreclosure, or for a
225 longer period that is ordered by the commission. This period may not exceed one year.
226 (g) (i) The distribution or transportation of natural gas for use as a motor vehicle fuel
227 does not cause the distributor or transporter to be a "public utility," unless the commission,
228 after notice and a public hearing, determines by rule that it is in the public interest to regulate
229 the distributers or transporters, but the retail sale alone of compressed natural gas as a motor
230 vehicle fuel may not cause the seller to be a "public utility."
231 (ii) In determining whether it is in the public interest to regulate the distributors or
232 transporters, the commission shall consider, among other things, the impact of the regulation
233 on the availability and price of natural gas for use as a motor fuel.
234 (h) "Public utility" does not include:
235 (i) an eligible customer who provides electricity for the eligible customer's own use or
236 the use of the eligible customer's tenant or affiliate; or
237 (ii) a nonutility energy supplier that sells or provides electricity to:
238 (A) an eligible customer who has transferred the eligible customer's service to the
239 nonutility energy supplier in accordance with Section 54-3-32; or
240 (B) the eligible customer's tenant or affiliate.
241 (i) "Public utility" does not include an entity that sells electric vehicle battery charging
242 services[
243 (i) if the entity obtains the electricity for the electric vehicle battery charging service,
244 including any electricity from an electricity storage device:
245 (A) from a large-scale electric utility or an electrical corporation in whose service area
246 the electric vehicle battery charging service is located; and
247 (B) under an established tariff for rates, charges, and conditions of service; and
248 (ii) unless the entity conducts another activity in the state that subjects the entity to the
249 jurisdiction and regulation of the commission as a public utility.
250 (j) "Public utility" does not include an independent energy producer that is not subject
251 to regulation by the commission as a public utility under Section 54-2-201.
252 (23) "Purchasing utility" means any electrical corporation that is required to purchase
253 electricity from small power production or cogeneration facilities pursuant to the Public Utility
254 Regulatory Policies Act, 16 U.S.C. Sec. 824a-3.
255 (24) "Qualifying power producer" means a corporation, cooperative association, or
256 person, or the lessee, trustee, and receiver of the corporation, cooperative association, or
257 person, who owns, controls, operates, or manages any qualifying power production facility or
258 cogeneration facility.
259 (25) "Qualifying power production facility" means a facility that:
260 (a) produces electrical energy solely by the use, as a primary energy source, of biomass,
261 waste, a renewable resource, a geothermal resource, or any combination of the preceding
262 sources;
263 (b) has a power production capacity that, together with any other facilities located at
264 the same site, is no greater than 80 megawatts; and
265 (c) is a qualifying small power production facility under federal law.
266 (26) "Railroad" includes every commercial, interurban, and other railway, other than a
267 street railway, and each branch or extension of a railway, by any power operated, together with
268 all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots,
269 yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real
270 estate, fixtures, and personal property of every kind used in connection with a railway owned,
271 controlled, operated, or managed for public service in the transportation of persons or property.
272 (27) "Railroad corporation" includes every corporation and person, their lessees,
273 trustees, and receivers, owning, controlling, operating, or managing any railroad for public
274 service within this state.
275 (28) (a) "Sewerage corporation" includes every corporation and person, their lessees,
276 trustees, and receivers, owning, controlling, operating, or managing any sewerage system for
277 public service within this state.
278 (b) "Sewerage corporation" does not include private sewerage companies engaged in
279 disposing of sewage only for their stockholders, or towns, cities, counties, conservancy
280 districts, improvement districts, or other governmental units created or organized under any
281 general or special law of this state.
282 (29) "Telegraph corporation" includes every corporation and person, their lessees,
283 trustees, and receivers, owning, controlling, operating, or managing any telegraph line for
284 public service within this state.
285 (30) "Telegraph line" includes all conduits, ducts, poles, wires, cables, instruments, and
286 appliances, and all other real estate, fixtures, and personal property owned, controlled,
287 operated, or managed in connection with or to facilitate communication by telegraph, whether
288 that communication be had with or without the use of transmission wires.
289 (31) "Telephone cooperative" means a telephone corporation that:
290 (a) is a cooperative; and
291 (b) is organized for the purpose of providing telecommunications service to the
292 telephone corporation's members and the public at cost plus a reasonable rate of return.
293 (32) (a) "Telephone corporation" means any corporation or person, and their lessees,
294 trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or
295 resells a public telecommunications service as defined in Section 54-8b-2.
296 (b) "Telephone corporation" does not mean a corporation, partnership, or firm
297 providing:
298 (i) intrastate telephone service offered by a provider of cellular, personal
299 communication systems (PCS), or other commercial mobile radio service as defined in 47
300 U.S.C. Sec. 332 that has been issued a covering license by the Federal Communications
301 Commission;
302 (ii) Internet service; or
303 (iii) resold intrastate toll service.
304 (33) "Telephone line" includes all conduits, ducts, poles, wires, cables, instruments,
305 and appliances, and all other real estate, fixtures, and personal property owned, controlled,
306 operated, or managed in connection with or to facilitate communication by telephone whether
307 that communication is had with or without the use of transmission wires.
308 (34) "Transportation of persons" includes every service in connection with or
309 incidental to the safety, comfort, or convenience of the person transported, and the receipt,
310 carriage, and delivery of that person and that person's baggage.
311 (35) "Transportation of property" includes every service in connection with or
312 incidental to the transportation of property, including in particular its receipt, delivery,
313 elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and
314 hauling, and the transmission of credit by express companies.
315 (36) "Utility-owned vehicle charging infrastructure" means all facilities, equipment,
316 and electrical systems owned and installed by a large-scale electric utility:
317 (a) on the customer's side or the large-scale electric utility's side of the electricity
318 metering equipment; and
319 (b) to facilitate utility vehicle charging service or other electric vehicle battery charging
320 service.
321 (37) "Utility vehicle charging service" means the furnishing of electricity:
322 (a) to an electric vehicle battery charging station:
323 (b) by a public utility in whose service area the charging station is located; and
324 (c) pursuant to a duly established tariff for rates, charges, and conditions of service for
325 the electricity.
326 [
327 trustees, and receivers, owning, controlling, operating, or managing any water system for
328 public service within this state. It does not include private irrigation companies engaged in
329 distributing water only to their stockholders, or towns, cities, counties, water conservancy
330 districts, improvement districts, or other governmental units created or organized under any
331 general or special law of this state.
332 [
333 headgates, pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures,
334 and personal property owned, controlled, operated, or managed in connection with or to
335 facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage,
336 appointment, apportionment, or measurement of water for power, fire protection, irrigation,
337 reclamation, or manufacturing, or for municipal, domestic, or other beneficial use.
338 (b) "Water system" does not include private irrigation companies engaged in
339 distributing water only to their stockholders.
340 [
341 is:
342 (a) in the business of the wholesale distribution of electricity it has purchased or
343 generated to its members and the public; and
344 (b) required to distribute or allocate savings in excess of additions to reserves and
345 surplus to members or patrons on the basis of patronage.
346 Section 2. Section 54-4-41 is enacted to read:
347 54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure.
348 (1) As used in this section, "charging infrastructure program" means the program
349 described in Subsection (2).
350 (2) The commission shall authorize a large-scale electric utility program that:
351 (a) allows for funding from large-scale electric utility customers for a maximum of
352 $50,000,000 for all costs and expenses associated with:
353 (i) the deployment of utility-owned vehicle charging infrastructure; and
354 (ii) utility vehicle charging service provided by the large-scale electric utility;
355 (b) creates a new customer class, with a utility vehicle charging service rate structure
356 that:
357 (i) is determined by the commission to be in the public interest;
358 (ii) is a transitional rate structure expected to allow the large-scale electric utility to
359 recover, through charges to utility vehicle charging service customers, the large-scale electric
360 utility's full cost of service for utility-owned vehicle charging infrastructure and utility vehicle
361 charging service over a reasonable time frame determined by the commission; and
362 (iii) may allow different rates for large-scale electric utility customers to reflect
363 contributions to investment; and
364 (c) includes a transportation plan that promotes:
365 (i) the deployment of utility-owned vehicle charging infrastructure in the public
366 interest; and
367 (ii) the availability of utility vehicle charging service.
368 (3) Before submitting a proposed charging infrastructure program to the commission
369 for commission approval under Subsection (2), a large-scale electric utility shall seek and
370 consider input from:
371 (a) the Division of Public Utilities, established in Section 54-4a-1;
372 (b) the Office of Consumer Services, created in Section 54-10a-201;
373 (c) the Division of Air Quality, created in Section 19-1-105;
374 (d) the Department of Transportation, created in Section 72-1-201;
375 (e) the Governor's Office of Economic Development, created in Section 63N-1-201;
376 (f) the Office of Energy Development, created in Section 63M-4-401;
377 (g) the board of the Utah Inland Port Authority, created in Section 11-58-201;
378 (h) representatives of the Point of the Mountain State Land Development Authority,
379 created in Section 11-59-201;
380 (i) third-party electric vehicle battery charging service operators; and
381 (j) any other person who files a request for notice with the commission.
382 (4) The commission shall find a charging infrastructure program to be in the public
383 interest if the commission finds that the charging infrastructure program:
384 (a) increases the availability of electric vehicle battery charging service in the state;
385 (b) enables the significant deployment of infrastructure that supports electric vehicle
386 battery charging service and utility-owned vehicle charging infrastructure in a manner
387 reasonably expected to increase electric vehicle adoption;
388 (c) includes an evaluation of investments in the areas of the authority jurisdictional
389 land, as defined in Section 11-58-102, and the point of the mountain state land, as defined in
390 Section 11-59-102;
391 (d) enables competition, innovation, and customer choice in electric vehicle battery
392 charging services, while promoting low-cost services for electric vehicle battery charging
393 customers; and
394 (e) provides for ongoing coordination with the Department of Transportation, created
395 in Section 72-1-201.
396 (5) The commission may, consistent with Subsection (2), approve an amendment to the
397 charging infrastructure program if the large-scale electric utility demonstrates that the
398 amendment:
399 (a) is prudent;
400 (b) will provide net benefits to customers; and
401 (c) is otherwise consistent with the requirements of Subsection (2).
402 (6) The commission shall authorize recovery of a large-scale electric utility's
403 investment in utility-owned vehicle charging infrastructure through a balancing account or
404 other ratemaking treatment that reflects:
405 (a) charging infrastructure program costs associated with prudent investment, including
406 the large-scale electric utility's pre-tax average weighted cost of capital approved by the
407 commission in the large-scale electric utility's most recent general rate proceeding, and
408 associated revenue and prudently incurred expenses; and
409 (b) a carrying charge.
410 (7) A large-scale electric utility's investment in utility-owned vehicle charging
411 infrastructure is prudently made if the large-scale electric utility demonstrates in a formal
412 adjudicative proceeding before the commission that the investment can reasonably be
413 anticipated to:
414 (a) result in one or more projects that are in the public interest of the large-scale
415 electric utility's customers to reduce transportation sector emissions over a reasonable time
416 period as determined by the commission;
417 (b) provide the large-scale electric utility's customers significant benefits that may
418 include revenue from utility vehicle charging service that offsets the large-scale electric utility's
419 costs and expenses; and
420 (c) facilitate any other measure that the commission determines:
421 (i) promotes deployment of utility-owned vehicle charging infrastructure and utility
422 vehicle charging service; or
423 (ii) creates significant benefits in the long term for customers of the large-scale electric
424 utility.
425 (8) A large-scale electric utility that establishes and implements a charging
426 infrastructure program shall annually, on or before June 1, submit a written report to the Public
427 Utilities, Energy, and Technology Interim Committee of the Legislature about the charging
428 infrastructure program's activities during the previous calendar year, including information on:
429 (a) the charging infrastructure program's status, operation, funding, and benefits;
430 (b) the disposition of charging infrastructure program funds; and
431 (c) the charging infrastructure program's impact on rates.