54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure.

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Effective 5/6/2026

(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:

(a)allows for funding from large-scale electric utility customers for a maximum of $50,000,000 for all costs and expenses associated with:

(i)the deployment of utility-owned vehicle charging infrastructure; and

(ii)utility vehicle charging service provided by the large-scale electric utility;

(b)creates a new customer class, with a utility vehicle charging service rate structure that:

(i)is determined by the commission to be in the public interest;

(ii)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

(iii)may allow different rates for large-scale electric utility customers to reflect contributions to investment; and

(c)includes a transportation plan that promotes:

(i)the deployment of utility-owned vehicle charging infrastructure in the public interest; and

(ii)the availability of utility vehicle charging service.

(3)Before submitting a proposed charging infrastructure program to the commission for commission approval under Subsection

(2), a large-scale electric utility shall seek and consider input from:

(a)the Division of Public Utilities, established in Section 54-4a-1 ;

(b)the Office of Consumer Services, created in Section 54-10a-201 ;

(c)the Division of Air Quality, created in Section 19-1-105 ;

(d)the Department of Transportation, created in Section 72-1-201 ;

(e)the Governor's Office of Economic Development, created in Section 63N-1a-301 ;

(f)the Office of Energy Development, created in Section 79-6-401 ;

(g)the board of the Utah Inland Port Authority, created in Section 11-58-201 ;

(h)representatives of the Point of the Mountain State Land Development Authority, created in Section 11-59-201 ;

(i)third-party electric vehicle battery charging service operators; and

(j)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:

(a)increases the availability of electric vehicle battery charging service in the state;

(b)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;

(c)includes an evaluation of investments in the areas of the authority jurisdictional land, as defined in Section 11-58-102 , and the point of the mountain state land, as defined in Section 11-59-102 ;

(d)enables competition, innovation, and customer choice in electric vehicle battery charging services, while promoting low-cost services for electric vehicle battery charging customers; and

(e)provides for ongoing coordination with the Department of Transportation, created in Section 72-1-201 .

(5)The commission may, consistent with Subsection

(2), approve an amendment to the charging infrastructure program if the large-scale electric utility demonstrates that the amendment:

(a)is prudent;

(b)will provide net benefits to customers; and

(c)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:

(a)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

(b)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:

(a)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;

(b)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

(c)facilitate any other measure that the commission determines:

(i)promotes deployment of utility-owned vehicle charging infrastructure and utility vehicle charging service; or

(ii)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:

(a)the charging infrastructure program's status, operation, funding, and benefits;

(b)the disposition of charging infrastructure program funds; and

(c)the charging infrastructure program's impact on rates.

Amended by Chapter 343 , 2026 General Session