Section 8-1-2-1.3 - "Electric vehicle"; "electric vehicle supply equipment"; person making EV supply equipment available for public use; compensation based on kilowatt hours sold; regulatory status; retail customer's private provision of electricity to EV supply equipment on premises(a) As used in this section, "electric vehicle", or "EV", means a vehicle that employs electrical energy as a primary or secondary mode of propulsion. The term includes:(1) all-electric vehicles; and(2) plug-in hybrid electric vehicles.(b) As used in this section, "electric vehicle supply equipment", or "EV supply equipment", means a device or system designed and used specifically to transfer electrical energy to an electric vehicle, either as charge transferred by physical or wireless connection, by loading a fully charged battery into the vehicle, or by other means.(c) Subject to subsections (d) and (e), a person, including a joint agency (as defined in IC 8-1-2.2-2), that: (1) owns, operates, or leases EV supply equipment;(2) makes the EV supply equipment available for use by the public for compensation;(3) procures the electricity that is provided to the public for compensation from an electricity supplier that is authorized to engage in the retail sale of electricity within the assigned service area in which the EV supply equipment is located; and(4) resells electricity exclusively for the charging of plug-in electric vehicles; may charge the public for such use based in whole or in part on the kilowatt hours of electricity sold in a particular transaction.
(d) Subject to subsection (c), a person, including a joint agency (as defined in IC 8-1-2.2-2), that: (1) owns, operates, or leases EV supply equipment; and(2) makes the EV supply equipment available for use by the public for compensation, regardless of whether the person charges the public for such use based on: (A) the kilowatt hours of electricity sold;(B) the amount of time spent by an electric vehicle at a designated charging space; or(C) a combination of both clauses (A) and (B); is not a public utility solely by reason of engaging in any activity described in subdivisions (1) through (2).
(e) This section does not: (1) apply to or prohibit the lawful use of: (A) an alternate energy production facility;(B) a cogeneration facility; or(C) a small hydro facility; within the scope of IC 8-1-2.4 by a retail electric customer for the private provision of electrical energy to EV supply equipment at the customer's location in connection with the charging of electric vehicles;
(2) render the owner or operator of a facility described in subdivision (1)(A) through (1)(C) a public utility by reason of such lawful use of the facility described in subdivision (1); or(3) render the provision of electrical energy by a facility described in subdivision (1)(A) through (1)(C) a public utility service that is subject to regulation by reason of such lawful use of the facility described in subdivision (1).(f) Subsection (e) does not authorize the furnishing of retail electric service to the general public.Added by P.L. 94-2022,SEC. 1, eff. 3/11/2022.