A. The provision of electric vehicle charging service by a person, locality, public institution of higher education, or a school board that is not a public utility, public service corporation, or public service company, or by the Department of Conservation and Recreation, Department of General Services, Department of Motor Vehicles, or Department of Transportation, shall not constitute the retail sale of electricity if:
1. The electricity furnished in connection with the provision of electric vehicle charging service is used solely for transportation purposes; and
2. The person, locality, public institution of higher education, or school board providing the electric vehicle charging service, or the Department of Conservation and Recreation, Department of General Services, Department of Motor Vehicles, or Department of Transportation, has procured the furnished electricity from the public utility that is authorized by the Commission to engage in the retail sale of electricity within the exclusive service territory in which the electric vehicle charging service is provided.
B. The provision of electric vehicle charging service shall:
1. Be a permitted electric utility activity of a certificated electric utility; and
2. Not affect the status as a public utility of a certificated public utility that provides such service.
2011, c. 408; 2017, c. 239; 2018, cc. 295, 446; 2019, c. 248.
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