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Cc: Paul Palzer <PPalzer@centervillemn.com> <br />Subject: RE: EV Charging Stations <br />Mark, <br />I looked into this issue a little bit since the topic is rather new, and I found this article from Michigan where legal issues <br />were explored with regard to adding EV Charging Stations. I apologize in advance as it is a little lengthy, but overall I <br />think the article raises many interesting issues. I hope this helps.......... <br />While increasing EV use and charging station incentives provide opportunities for <br />commercial and business entities to offer additional services and attract additional <br />customers, the full life cycle (i.e. pre -installation through removal and disposal) of an <br />EV charging station project involves numerous practical and legal issues that must be <br />considered. <br />The most elemental of these is the project design dependent on project size. For <br />example, the availability of parking space and the ancillary commercial use or uses (e.g. <br />retail, restaurant, auto dealership, etc.) will influence the number and type of charging <br />stations to be installed. Available utility, governmental, or other incentives (such as <br />those in Consumers Energy's Michigan service territory) are also important <br />considerations, as the amount and program requirements thereof may influence initial <br />decisions regarding charging station selection and installation. <br />The ownership and operation of the property and project must also be considered to <br />determine what benefits (e.g. available environmental "credits," fees charged for use, <br />etc.) and responsibilities (e.g. easement and land use restriction resolution, construction <br />costs, operation, and maintenance ("O&M"), etc.) will accrue and fall to which entity. <br />Ownership and operation could reside with a property owner, tenant, utility, charging <br />station vendor, other third parties, or involve some combination of these entities. <br />Working through ownership and operation issues will likely also influence which entity <br />is ultimately responsible for obtaining any special permitting or zoning authorizations. <br />It also allows an analysis of whether commercial entities providing charging services are <br />allowed to provide this form of electrical service without becoming regulated by a public <br />utilities commission. In some states, a non -utility entity selling charging services could <br />be deemed as "re -distributing" retail electricity, which is the primary right and <br />obligation of the local electric utility, requiring special licensing. Various regulatory <br />circumstances may require alternative approaches or business models for offering <br />customers the use of a charging station, such as doing so without technically selling the <br />electrical service. Further property issues that must be addressed also include arranging, <br />negotiating, and authorizing new utility infrastructure and easements as well as design <br />work and actual construction. Again, this issue may be complicated if the party seeking <br />installation is not the property owner, as charging station installation may implicate <br />property values and could pose an impediment to alternative future land use plans. <br />Actual charging station selection and contractual procurement must also be arranged <br />and could be influenced by incentive programs or utility requirements. Given the <br />ongoing developments in commercial EV charging station installations, entities should <br />4 <br />