Current through Acts 2023-2024, ch. 272
Section 66.0442 - Electric vehicle charging stations(1) In this section:(a) "Level 1 charger" means a device with one or more charging ports and connectors for charging electric vehicles that operates on a circuit up to 120 volts and transfers alternating current electricity to a device in an electric vehicle that converts alternating current to direct current to recharge an electric vehicle battery.(b) "Level 2 charger" has the meaning given for "AC Level 2" under 23 CFR 680.104.(c) "Level 3 charger" means a direct current fast charger, as defined under 23 CFR 680.104, and analogous successor technologies.(d) "Local governmental unit" means any of the following: 1. A city, village, town, or county.3. A special purpose district in this state.4. An agency or corporation of an entity described in subd. 1. or 3.5. A combination or subunit of an entity described in this paragraph.(e) "Municipal utility" has the meaning given in s. 16.957 (1) (q).(2)(a) Except as provided in pars. (b) and (c), no local governmental unit may own, operate, manage, or lease an electric vehicle charging station containing a Level 1, Level 2, or Level 3 charger unless the charger is not available to the public and is used solely to charge vehicles owned or leased by the local governmental unit.(b) A local governmental unit may own, operate, manage, or lease an electric vehicle charging station at which a Level 1 charger or Level 2 charger is available to the public if the local governmental unit makes all Level 1 chargers or Level 2 chargers installed before March 22, 2024, available for public use free of any charge.(c) A local governmental unit may own, operate, manage, or lease an electric vehicle charging station at which a Level 1 charger or a Level 2 charger installed on or after March 22, 2024, is available to the public if the local governmental unit charges a reasonable fee for the electricity delivered or placed by all such Level 1 chargers and Level 2 chargers.(3) Notwithstanding sub. (2) and subject to sub. (4), a local governmental unit may authorize an electric provider, as defined in s. 16.957 (1) (f), or a person described in s. 196.01 (5) (b) 8 to own and operate an electric vehicle charging station at which a Level 1 charger, Level 2 charger, or Level 3 charger is available to the public on property owned by the local governmental unit.(3m) An electric provider, as defined in s. 16.957 (1) (f), or a person described in s. 196.01 (5) (b) 8 who is authorized under sub. (3) to own and operate an electric vehicle charging station at which a Level 1 charger, Level 2 charger, or Level 3 charger is available to the public on property owned by a local governmental unit, shall charge a reasonable fee for the electricity delivered or placed by all such chargers.(4) Notwithstanding sub. (2), a municipal utility existing on March 22, 2024, may own and operate an electric vehicle charging station that is available to the public and may charge a fee for using the electric vehicle charging station that is based on the amount of kilowatt-hours of electricity that users consume if all of the following apply: (a) The electric vehicle charging station receives any approvals from the public service commission required under ch. 196.(b) No tax revenue subsidizes, directly or indirectly, any costs associated with the electric vehicle charging station. This paragraph does not prohibit a municipal utility from using grant money from this state that is distributed after approval by the joint committee on finance under s. 13.10 or the federal government to pay costs associated with constructing an electric vehicle charging station if the purpose of the grant is to expand the availability of electric vehicle charging infrastructure.(c) Notwithstanding s. 66.0811 (2), no revenue generated by the electric vehicle charging station is transferred to the general fund of the municipality that owns the municipal utility or otherwise directly or indirectly supplements any portion of the municipality's budget.(5) No local governmental unit may require a private developer to install an electric vehicle charging station or allow the installation of an electric vehicle charging station on the developer's property as a condition of granting a building permit, conditional use permit, or other approval. This subsection does not apply to the enforcement of a voluntary contractual agreement between a developer and local governmental unit.Added by Acts 2023 ch, 121,s 3, eff. 3/22/2024.