{"data":{"id":"us-ut/utah-code-54-4-41","jurisdiction":"us-ut","citation":"Utah Code § 54-4-41","heading":"Recovery of investment in utility-owned vehicle charging infrastructure.","body":"(1) As used in this section, \"charging infrastructure program\" means the program described in Subsection (2).\n(2) The commission shall authorize a large-scale electric utility program that:\n(a) allows for funding from large-scale electric utility customers for a maximum of $50,000,000 for all costs and expenses associated with:\n(i) the deployment of utility-owned vehicle charging infrastructure; and\n(ii) utility vehicle charging service provided by the large-scale electric utility;\n(b) creates a new customer class, with a utility vehicle charging service rate structure that:\n(i) is determined by the commission to be in the public interest;\n(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\n(iii) may allow different rates for large-scale electric utility customers to reflect contributions to investment; and\n(c) includes a transportation plan that promotes:\n(i) the deployment of utility-owned vehicle charging infrastructure in the public interest; and\n(ii) the availability of utility vehicle charging service.\n(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:\n(a) the Division of Public Utilities, established in Section 54-4a-1;\n(b) the Office of Consumer Services, created in Section 54-10a-201;\n(c) the Division of Air Quality, created in Section 19-1-105;\n(d) the Department of Transportation, created in Section 72-1-201;\n(e) the Governor's Office of Economic Development, created in Section 63N-1a-301;\n(f) the Office of Energy Development, created in Section 79-6-401;\n(g) the board of the Utah Inland Port Authority, created in Section 11-58-201;\n(h) representatives of the Point of the Mountain State Land Development Authority, created in Section 11-59-201;\n(i) third-party electric vehicle battery charging service operators; and\n(j) any other person who files a request for notice with the commission.\n(4) The commission shall find a charging infrastructure program to be in the public interest if the commission finds that the charging infrastructure program:\n(a) increases the availability of electric vehicle battery charging service in the state;\n(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;\n(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;\n(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\n(e) provides for ongoing coordination with the Department of Transportation, created in Section 72-1-201.\n(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:\n(a) is prudent;\n(b) will provide net benefits to customers; and\n(c) is otherwise consistent with the requirements of Subsection (2).\n(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:\n(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\n(b) a carrying charge.\n(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:\n(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;\n(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\n(c) facilitate any other measure that the commission determines:\n(i) promotes deployment of utility-owned vehicle charging infrastructure and utility vehicle charging service; or\n(ii) creates significant benefits in the long term for customers of the large-scale electric utility.\n(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:\n(a) the charging infrastructure program's status, operation, funding, and benefits;\n(b) the disposition of charging infrastructure program funds; and\n(c) the charging infrastructure program's impact on rates.","path":["Title 54 Public Utilities","Chapter 54-4 Authority of Commission Over Public Utilities"],"source_url":"https://le.utah.gov/xcode/Title54/Chapter4/54-4-S41.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"7ad0ff558cf72cb1f1696d9293ad7d09b1ba1353f0f86ded75dbfa1365ed72c9","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-54-4-40","next":"us-ut/utah-code-54-4-42"},"notice":"GroundRules: Original legal text. Not legal advice."}