BILL REQ. #:  H-2456.1 

READ FIRST TIME 03/03/09.   

     AN ACT Relating to electric vehicles; amending RCW 43.19.648; adding a new section to chapter 82.29A RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 79.13 RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 47.38 RCW; creating new sections; and providing expiration dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds the development of electric vehicle infrastructure to be a critical step in creating jobs, fostering economic growth, reducing greenhouse gas emissions, reducing our reliance on foreign fuels, and reducing the pollution of Puget Sound attributable to the operation of petroleum-based vehicles on streets and highways. Limited driving distance between battery charges is a fundamental disadvantage and obstacle to broad consumer adoption of vehicles powered by electricity. In order to eliminate this fundamental disadvantage and dramatically increase consumer acceptance and usage of electric vehicles, it is essential that an infrastructure of convenient electric vehicle charging opportunities be developed. The purpose of this act is to encourage the transition to electric vehicle use and to expedite the establishment of a convenient, cost-effective, electric vehicle infrastructure that such a transition necessitates. The state's success in encouraging this transition will serve as an economic stimulus to the creation of short-term and long-term jobs as the entire automobile industry and its associated direct and indirect jobs transform over time from combustion to electric vehicles.

NEW SECTION.  Sec. 2   (1) A regional transportation planning organization containing any county with a population in excess of one million in collaboration with representatives from the department of ecology, the department of community, trade, and economic development, local governments, and the office of regulatory affairs must seek federal or private funding for the planning for, deployment of, or regulations concerning electric vehicle infrastructure. These efforts should include:
     (a) Development of short-term and long-term plans outlining how state, regional, and local government construction may include electric vehicle infrastructure in publicly available parking and government fleet vehicle parking, including what ratios of charge spots to parking may be appropriate based on location or type of facility or building;
     (b) Consultations with the state building code council and the department of labor and industries to coordinate the plans with state standards for new residential, commercial, and industrial buildings to ensure that the appropriate electric circuitry is installed to support electric vehicle infrastructure;
     (c) Consultation with the workforce development council and the higher education coordinating board to ensure the development of appropriate educational and training opportunities for citizens of the state in support of the transition of some portion of vehicular transportation from combustion to electric vehicles;
     (d) Development of an implementation plan for counties with a population greater than five hundred thousand with the goal of having public and private parking spaces, in the aggregate, be ten percent electric vehicle ready by December 31, 2018; and
     (e) Consideration of, to what extent, if any, state preemption of local regulation of electric vehicle infrastructure is appropriate in order to encourage rapid deployment of electric vehicle infrastructure.
     (2) These plans and any recommendations development as a result of the consultations required by this section must be submitted to the legislature by December 31, 2010, or as soon as reasonably practicable after the securing of any federal or private funding.
     (3) The definitions in this subsection apply through this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.29A RCW to read as follows:
     (1) Leasehold excise tax may not be imposed on leases to tenants of public lands for purposes of installing, maintaining, and operating electric vehicle infrastructure.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (3) This section expires January 1, 2020.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.08 RCW to read as follows:
     (1) The tax imposed by RCW 82.08.020 does not apply to:
     (a) The sale of electric vehicle batteries;
     (b) The sale of or charge made for labor and services rendered in respect to installing, repairing, altering, or improving electric vehicle batteries;
     (c) The sale of or charge made for labor and services rendered in respect to installing, constructing, repairing, or improving electric vehicle infrastructure; and
     (d) The sale of tangible personal property that will become a component of electric vehicle infrastructure during the course of installing, constructing, repairing, or improving electric vehicle infrastructure.
     (2) Sellers may make tax exempt sales under this section only if the buyer provides the seller with an exemption certification in a form and manner prescribed by the department. The seller must retain a copy of the certificate for the seller's files.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (4) This section expires January 1, 2020.

NEW SECTION.  Sec. 5   A new section is added to chapter 82.12 RCW to read as follows:
     (1) The tax imposed by RCW 82.12.020 does not apply to the use of:
     (a) Electric vehicle batteries;
     (b) Labor and services rendered in respect to installing, repairing, altering, or improving electric vehicle batteries; and
     (c) Tangible personal property that will become a component of electric vehicle infrastructure during the course of installing, constructing, repairing, or improving electric vehicle infrastructure.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (3) This section expires January 1, 2020.

NEW SECTION.  Sec. 6   A new section is added to chapter 79.13 RCW under the subchapter heading "general provisions" to read as follows:
     (1) The state and any local government, including any housing authority, is authorized to lease land owned by such an entity to any person for purposes of installing, maintaining, and operating a battery charging station, a battery exchange station, or a rapid charging station, for a term not in excess of fifty years, for rent of not less than one dollar per year, and with such other terms as the public entity's governing body determines in its sole discretion.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.

Sec. 7   RCW 43.19.648 and 2007 c 348 s 202 are each amended to read as follows:
     (1) Effective June 1, 2015, all state agencies and local government subdivisions of the state, to the extent determined practicable by the rules adopted by the department of community, trade, and economic development pursuant to RCW 43.325.080, are required to satisfy one hundred percent of their fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel.
     (2) In order to phase in this transition for the state, all state agencies, to the extent determined practicable by the department of community, trade, and economic development by rules adopted pursuant to RCW 43.325.080, are required to achieve forty percent fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel by June 1, 2013. The department of general administration, in consultation with the department of community, trade, and economic development, shall report to the governor and the legislature by December 1, 2013, on what percentage of the state's fuel usage is from electricity or biofuel.
     (3) Except for cars owned or operated by the Washington state patrol, when tires on vehicles in the state's motor vehicle fleet are replaced, they must be replaced with tires that have the same or better rolling resistance as the original tires.
     (4) By December 31, 2015, the state must, to the extent practicable, install electrical outlets capable of charging electric vehicles in each of the state's fleet parking and maintenance facilities.
     (5) By December 31, 2015, the state must, to the extent practicable, install electrical outlets capable of charging electric vehicles in each state-operated highway rest stop.
     (6) By December 31, 2015, the state must provide the opportunity to lease space for the limited purpose of installing and operating a battery exchange station or a battery charging station in appropriate state-owned highway rest stops.
     (7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.

NEW SECTION.  Sec. 8   A new section is added to chapter 43.21C RCW to read as follows:
     (1) The installation of individual battery charging stations and battery exchange stations, which individually are categorically exempt under the rules adopted under RCW 43.21C.110, shall not be disqualified from such categorically exempt status as a result of their being parts of a larger proposal that includes other such facilities and related utility networks under the rules adopted under RCW 43.21C.110.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.

NEW SECTION.  Sec. 9   A new section is added to chapter 35.63 RCW to read as follows:
     (1) Electric vehicle infrastructure is a permitted use in all zones other than residential zones by July 1, 2010. Any local land use regulatory authority pertaining to the development and construction of electric vehicle infrastructure must be exercised in a manner that does not render the project impracticable or significantly delay its installation.
     (2) Cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.

NEW SECTION.  Sec. 10   A new section is added to chapter 35A.63 RCW to read as follows:
     (1) Electric vehicle infrastructure is a permitted use in all zones other than residential zones by July 1, 2010. Any local land use regulatory authority pertaining to the development and construction of electric vehicle infrastructure must be exercised in a manner that does not render the project impracticable or significantly delay its installation.
     (2) Code cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.

NEW SECTION.  Sec. 11   A new section is added to chapter 36.70 RCW to read as follows:
     (1) Electric vehicle infrastructure is a permitted use in all zones other than residential zones by July 1, 2010. Any local land use regulatory authority pertaining to the development and construction of electric vehicle infrastructure must be exercised in a manner that does not render the project impracticable or significantly delay its installation.
     (2) Counties and cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.

NEW SECTION.  Sec. 12   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Electric vehicle infrastructure is a permitted use in all zones other than residential zones by July 1, 2010. Any local land use regulatory authority pertaining to the development and construction of electric vehicle infrastructure must be exercised in a manner that does not render the project impracticable or significantly delay its installation.
     (2) Counties and cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.
     (c) "Electric vehicle" means a passenger vehicle that uses electricity as its sole source of propulsion power, including plug-in electric vehicles and extended-range electric vehicles.
     (d) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
     (e) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by the society of automotive engineers, the national electric code, or other federal, state, and local agencies.

NEW SECTION.  Sec. 13   A new section is added to chapter 47.38 RCW to read as follows:
     (1) As a necessary and desirable step to spur public and private investment in electric vehicle infrastructure in accordance with section 1 of this act, and to begin implementing the provisions of RCW 43.19.648, the legislature authorizes an alternative fuels corridor pilot project capable of supporting electric vehicle charging and battery exchange technologies.
     (2) To the extent permitted under federal programs, rules, or law, the department may enter into partnership agreements with other public and private entities for the use of land and facilities along state routes and within interstate highway rights-of-way for an alternative fuels corridor pilot project. The pilot project may allow for commercial activities only as necessary to attain basic economic sufficiency. At a minimum, the pilot project must:
     (a) Limit renewable fuel and vehicle technology offerings to those with a forecasted demand over the next fifteen years and approved by the department;
     (b) Ensure that a pilot project site does not compete with existing retail businesses for the provision of refueling services or recharging technologies in the same geographic area;
     (c) Provide existing truck stop operators and retail truck refueling businesses with an absolute right of first refusal over the offering of refueling services to class six trucks with a maximum gross vehicle weight of twenty-six thousand pounds within the same geographic area identified for a possible pilot project site;
     (d) Reach agreement with the department of services for the blind ensuring that any commercial activities at host sites do not materially affect the revenues forecasted from their vending operations at each site;
     (e) Regulate the internal rate of return from the partnership, including provisions to reduce or eliminate the level of state support once the partnership attains economic self-sufficiency;
     (f) Be limited to not more than five locations on state-owned land within federal interstate rights-of-way or state highway rights-of-way in Washington; and
     (g) Be limited in duration to a term of years reasonably necessary for the partnership to recover the cost of capital investments, plus the regulated internal rate of return.
     (3) The department is not responsible for providing capital equipment nor operating refueling or recharging services. The department must provide periodic status reports on the pilot project to the office of financial management and the relevant standing committees of the legislature not less than every biennium.