46-2-20.1. Electric vehicle charging services; operation.

As used in this Code section, the term:#

1. (1)

   “Community charging equipment” means an electric vehicle charging station that has been approved for placement in service by the commission.#

2. (2)

   “Electric utility” shall have the same meaning as set forth in Code Section 46-1-1.#

3. (3)

   “Electric vehicle” shall have the same meaning as set forth in Code Section 10-1-220.#

4. (4)

   “Electric vehicle charging services” means the charging of electric vehicles from an electric vehicle charging station.#

5. (5)

   “Electric vehicle charging station” shall have the same meaning as set forth in Code Section 10-1-220.#

6. (6)

   “Premises” shall have the same meaning as provided in Code Section 46-3-3.#

Notwithstanding any other provision of law to the contrary, the provision of electric vehicle charging services by a person not otherwise subject to the jurisdiction of the commission shall not be considered a service of an electric utility subject to the authority and jurisdiction of the commission. The supply of electricity by an electric utility subject to Part 1 of Article 1 of Chapter 3 of this title, the “Georgia Territorial Electric Service Act,” to premises that are electric vehicle charging stations shall constitute the furnishing of service under Part 1 of Article 1 of Chapter 3 of this title, the “Georgia Territorial Electric Service Act,” and shall be considered a sale at retail within the meaning of Code Section 48-8-2. The mere provision of electric vehicle charging services alone shall not violate Part 1 of Article 1 of Chapter 3 of this title, the “Georgia Territorial Electric Service Act,” so long as the provision of such services occurs upon the same parcel of property as the electric vehicle charging station.#

No electric vehicle charging station that is publicly available, except for community charging equipment, shall be provided, owned, operated, or maintained by an electric utility unless such electric vehicle charging station is provided, owned, operated, and maintained by a separate legal entity not subject to the authority of and regulation by the commission.#

An electric utility’s rates, terms, and conditions of service for the provider of any electric vehicle charging services shall be the same as the rates, terms, and conditions of service for any electric vehicle charging stations operated pursuant to subsection (c) of this Code section.#