HomeMy WebLinkAboutcocc_council_mtg_packet_20230920_item-11_correctedCITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023
AGENDA ITEM SUMMARY • ITEM # 11 CORRECTED
Subject: Resolution No. 2023-21; establishing rates and charges and other terms and conditions
for public EV charging stations operated by the City on City owned or controlled property; providing
for the repeal of prior inconsistent resolutions, severability and an effective date.
Department: Community and Economic Development Department — Resilience Division
Summary: At the July 18, 2023, Regular City Council Meeting, Council unanimously approved a
City -owned electric vehicle (EV) charging station upgrade project proposal. This project will see
each of the City's six dual plug current free -to -use non -networked Level-2 ClipperCreek EV charging
stations be replaced with six dual plug networked NovaCHARGE NC8000 series Level-2 EV charging
stations requiring user payment beginning in FY 23/24.
One charging station will be located at Manatee Sanctuary Park, one at Banana River Park, one at
the City of Cape Canaveral Community Center (C5), and three at Cape Canaveral City Hall. The Cape
Canaveral Public Library's existing charging station will be removed and its services transferred over
to the C5.
Existing ClipperCreek charging stations will be repurposed to support the charging needs of all -
electric municipal fleet vehicles. They will be re -installed by Staff — as needed — at the Water
Reclamation Facility, which serves as the City's primary fleet holding/maintenance area, as all -
electric fleet operations expand.
Local Market Analysis
City Staff conducted a market analysis specific to Level-2 EV charging station rate structures within
the region, and was able to identify several municipalities that also own and operate their own
Level-2 public charging stations. Level-3, or DC Fast Chargers, were not analyzed because these
utilize much more electricity in order to recharge a vehicle from 0% to near 100% in only tens of
minutes. The services provided by a Level-3 charging station are not comparable to those that will
be provided by the City's Level-2 stations (which have a slower rate of recharge), and as such their
rate structures are generally set at a higher price.
The total list of municipalities identified include:
1. City of Cocoa Beach, Florida
2. City of Satellite Beach, Florida
3. City of Rockledge, Florida
4. City of Melbourne, Florida
5. City of Orlando, Florida
6. City of Coral Gables, Florida
7. City of Oldsmar, Florida
8. Town of Oakland, Florida
Payment rates were mostly structured on a per kilowatt hour (kWh) basis for each city, with one city
found to be utilizing a rate structure based solely on a pay -by -hour parking fee. Some incorporated
a combination of both kWh and parking fee payments. Payment rates — broken down by
municipality — are shown below:
City of Cape Canaveral
City Council Meeting • Wednesday, September 20, 2023
Agenda Item # 11
Page 2 of 4
1. City of Cocoa Beach, Florida (1 public EV charging station): $0.20 per kWh, plus $2.50
per hour parking fee
2. City of Satellite Beach, Florida (2 public EV charging stations): Free to use
3. City of Rockledge, Florida (2 public EV charging stations): $1.95 per hour and $0.15 per
minute after charging stops
4. City of Melbourne, Florida (1 public EV charging station): $0.13 per kWh
5. City of Orlando, Florida (100 public EV charging stations): $0.12 per kWh
6. City of Coral Gables, Florida (30 public EV charging stations): $0.04 per minute ($2.40
per hour)
7. City of Oldsmar, Florida (3 public EV charging stations): $0.15 per kWh, plus a $0.50
connection fee
8. Town of Oakland, Florida: (1 public EV charging station): $0.15 per kWh
The payment rates listed above apply to all users with no differential between residents and
nonresidents. This analysis indicates that the average kWh rate structure for the municipalities that
were reviewed was between $0.12 and $0.20. The City of Cape Canaveral's new networked stations
will have the capability to charge for parking in addition to kWh dispensed. However, at this time,
Staff is not recommending an additional parking fee be applied since no other City parking spaces
require payment to utilize.
Proposed Program Rate Structure
Staff is recommending a resident vs non-resident rate structure for charging station usage
(Attachment 2). This rate structure differential is authorized under State law, because, as described
above, rates, terms, and conditions of EV charging services are not subject to regulation at this time.
A potential rate structure, with a residency -based fee differential, is presented below. Fees collected
will be deposited to the City's general fund revenue account and thereby used to offset costs for
electricity provided at the stations as well as maintenance needs of the stations and related
infrastructure. The proposed rate structure will include an increased rate after the first four hours
to encourage vehicle turnover at each station.
• Resident rates:
- $0.15 per kWh for the first 4 hours of charging
- $0.20 per kWh after the first 4 hours of charging
• Nonresident rates:
- $0.20 per kWh for the first 4 hours of charging
- $0.25 per kWh after the first 4 hours of charging
In addition, NovaCHARGE, like all cloud -based, networked EV charging service providers across the
industry, will charge a standard transaction fee of $0.50, plus 5% of the overall transaction cost for
each charging session. This transaction fee covers costs incurred by NovaCHARGE, including their
24/7 driver support line, fees assessed by NovaCHARGE's payment processing company, company
employees and overhead.
To increase turnover and reduce idling, all vehicles that remain plugged in after their charge is
complete will incur an "idle fee" of $0.15 per minute until the recharging plug is removed. This
would mirror the City of Rockledge's EV charging station idle fee. All City charging stations will be
programmed to cease operations at 9:30 pm every evening, and resume operations at 6:30 am
City of Cape Canaveral
City Council Meeting • Wednesday, September 20, 2023
Agenda Item # 11
Page 3 of 4
every morning. Per City Code, it is prohibited to remain parked overnight at a City park (i.e., Manatee
Sanctuary Park, Banana River Park, and Canaveral City Park where the C5 is located). While not
prohibited by Code, the City does discourage overnight parking at City Hall to reduce the chances
of loitering and risks during off -hours.
Users will need to download NovaCHARGE's app — called ChargeUp — to utilize each of the City's
public charging stations and create an account that will allow for transactions to occur. The app will
alert users to how much money has been dispensed during their charging session and when
charging is complete; as well as when time -based rate increases begin. EVs themselves also alert
drivers to their charging status in real-time and when their charge is complete.
To receive the discounted resident charging rate, residents will need to send City Staff their
preferred email address with proof of residency (i.e., a driver's license, a utility bill, etc.) so it can be
uploaded into each charging station's recognition software so the system will know to offer them
the resident rate. This rate will only work for City -owned NovaCHARGE stations operated by the
City on municipal property. No other NovaCHARGE charge stations, or any other charging station,
are affected by the City's rate/payment structure. The system's email bank will be purged at the
start of each fiscal year to ensure that resident accounts accurately reflect residency status.
Residents will need to resubmit their preferred email address with proof of residency to keep their
resident discount active.
In the prelude to a severe tropical storm or hurricane event and/or an evacuation order is given to
leave the barrier island, the proposed Resolution authorizes the City Manager to reduce charging
station rates by $0.05 per kWh for all users until the applicable tropical storm or hurricane has
concluded, or the evacuation order is rescinded. This will help facilitate evacuation traffic by offering
recharges to EV users wishing to leave the island. This specific "emergency pricing plan" may only
be instituted when an evacuation order is given or a warning is issued. Charging stations will not
be physically turned off during a storm event, but their hours of operation will remain the same.
Each charging station's system contains a digital dashboard that can produce actual expense and
revenue figures in real-time at any time. Staff will produce an annual report on program
revenue/expenses. During the first year of operation, Staff will produce the report for City Council
on a quarterly basis. The City will have the ability to change the program's rate structure at any time
via Council Resolution due to each station's "smart" networked capabilities, allowing for better
flexibility and adaptability to any possible market and/or regulatory changes.
Vehicles that are found left behind at a City charging station for a long period of time are subject
to towing in accordance with the City's code applicable to abandoned vehicles. Each of the two
parking spaces situated in front of each of the City's charging stations will be designated "EV Only"
parking. An internal combustion engine -based vehicle found to be parked in an EV Only space is
subject to citations under Florida law enforced by the Brevard County Sheriff's Office.
Typically, a full "refuel" for an EV battery pack costs less than that of a full refuel of a traditional gas
or diesel vehicle, and the cost of electricity is less volatile in nature than the cost of gasoline or
diesel. As such, the City assumes minimal risk in the proposed rate structure in terms of the cost of
electricity provided.
The project will officially commence the first week of October 2023. Staff and NovaCHARGE are
working to complete the project sometime within the fourth quarter of 2023 (October — December)
City of Cape Canaveral
City Council Meeting • Wednesday, September 20, 2023
Agenda Item # 11
Page 4 of 4
pending no weather and/or supply chain issues. NovaCHARGE has indicated that the project could
be completed within about thirty days. Public outreach will begin two to three weeks before the
estimated completion of the stations, and will indicate how to utilize each station, rate structure,
and how to apply for a resident discount. Outreach will be conducted via the City's Weekly Update,
paper -based promotional materials within public facilities, and on social media platforms.
Submitting Department Director: David Dickey
Attachments:
1. Email from City Attorney re: Pertinent Florida State Statute EV Charging Station Information
2. Resolution No. 2023-21
Financial Impact:
• Staff time and effort to prepare this agenda item.
• Total upfront project cost: $108,912.94.
• Total installation project budget: $120,000, which includes the one-year warranty
extension (total 5 years).
• Ongoing networking fees: $400 per year per charger.
• Revenue is estimated at —$72,000 per year (among all six charging stations), based on
proposed rate structure.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2023-21.
Approved by City Manager: Todd Morley
Attachment 1
From: Anthony A. Garaanese
To: Todd Morley
Cc: David Dicke ; Zachary Eichholz; Don Willis
Subject: RE: [EXTERNAL] EV Charging Stations
Date: Tuesday, February 21, 2023 12:06:38 PM
Todd,
Public utilities are governed by Florida Statutes Chapter 366. Florida Statutes § 366.02 states that
the term "public utility" does not include a municipality or any agency thereof.
Florida Statutes § 366.94 governs electric vehicle charging stations.
Section 366.94(1) states that "[t]he provision of electric vehicle charging to the public by a
nonutility is not the retail sale of electricity for the purposes of this chapter. The rates, terms, and
conditions of electric vehicle charging services by a nonutility are not subject to regulation under
this chapter. This section does not affect the ability of individuals, businesses, or governmental
entities to acquire, install, or use an electric vehicle charger for their own vehicles."
Further, subsection (2) directs the Florida Department of Agriculture, Office of Energy, to
promulgate rules related to the methods of sale, labeling, and pricing of electric vehicle charging
stations. Section 50-3 of the Administrative Code was created to house these rules. However,
no rules exist.
So, electric vehicle charging made available to the public by a non -utility (such as the City) is not
considered a retail sale of electricity and, therefore, the rates, terms, and conditions of EV
charging services are not subject to regulation at this time.
Thus, a city which has installed electric vehicle charging stations on city property is not a public
utility and is not engaged in the retail sale of electricity, and therefore is not subject to regulation
as a utility under Chapter 366. There is no further provision of the Florida Statutes which would
prohibit a city from charging customers for the use of the city's electric vehicle charging stations.
A municipality may, therefore, be an owner or operator of an electric vehicle charging station as
there is no provision of the Florida Statutes which would prevent a municipality from owning or
operating an electric vehicle charging station. Pursuant to Florida Statutes § 377.815(3), the city,
as an owner or operator of an electric vehicle charging station, may report the station's name,
address, or location, and the fees or costs associated with the electric vehicle charging services
provided by the station, to the Florida Department of Agriculture and Consumer Services.
Also, FYI. The City of Orlando has publicly -available electric vehicle charging stations (for
example near my office by Lake Eola on Rosalind and at the City parking garage on the corner of
Rosalind and Robinson). You can find information regarding the charging stations here (private
site with information about EV charging stations) and here (city map of charging stations).
Regards,
Anthony
°N GA G NESE I WEISS
4 411144) D GRESTA & SALZIvIAN
vk
lisoS ATTORNEYS AT I, w
Garganese, Weiss, D'Agresta & Salzman, P.A.
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net
Email: sshell@orlandolaw.net
Any incoming e-mail reply to this communication will be electronically
filtered for "spam" and/or "viruses." That filtering process may result in
such reply being quarantined (i.e., potentially not received at our site at
all) and/or delayed in reaching us. For that reason, we may not receive your
reply and/or we may not receive it in a timely manner. Accordingly, you
should consider sending communications to us which are particularly important
or time -sensitive by means other than e-mail.
Confidentiality Note: This e-mail, and any attachment to it, contains
privileged and confidential information intended only for the use of the
individual(s) or entity named on the e-mail. If the reader of this e-mail is
not the intended recipient, or the employee or agent responsible for
delivering it to the intended recipient, you are hereby notified that reading
it is strictly prohibited. If you have received this e-mail in error, please
immediately return it to the sender and delete it from your system. Thank
you.
From: Todd Morley [mailto:T.Morley@cityofcapecanaveral.org]
Sent: Friday, February 17, 2023 3:42 PM
To: Anthony A. Garganese <agarganese@orlandolaw.net>
Cc: David Dickey <D.Dickey@cityofcapecanaveral.org>; Zachary Eichholz
<z.eichholz@cityofcapecanaveral.org>
Subject: [EXTERNAL] EV Charging Stations
Anthony,
FYI - One of the agenda items is an item submitted by Councilmember Willis regarding the
status of the Rivian Agreement.
As you know, Rivian has shifted their focus away from this initiative and we are back to square
one.
Could the City charge for this service? Is this creating utility?
We should be prepared to respond to this next Tuesday.
Todd
Todd Morley
City Manager
City of Cape Canaveral
(321) 868-1220 x218
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
Attachment 2
RESOLUTION NO. 2023-21
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA;
ESTABLISHING RATES AND CHARGES AND OTHER TERMS AND
CONDITIONS FOR PUBLIC EV CHARGING STATIONS OPERATED
BY THE CITY ON CITY OWNED OR CONTROLLED PROPERTY;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the home rule authority, under Section 2(b), Article VIII, of
the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, Section 366.94(1) states that the provision of electric vehicle charging to the
public by a nonutility is not the retail sale of electricity for the purposes of being regulated by the
Florida Public Service Commission under Chapter 366, Florida Statutes. Therefore, the rates, terms,
and conditions of electric vehicle charging services by a nonutility are not subject to regulation
under Chapter 366, Florida Statutes, and Chapter 366 does not affect the ability of individuals,
businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their
own vehicles; and
WHEREAS, based on the home rule powers vested in the City under the State Constitution,
and the applicable provisions of Chapter 366, Florida Statutes, the City Council hereby finds that
it has the authority to acquire, install, and use publicly available EV charging stations on City
owned or controlled property and to impose rates, terms, and conditions for their use; and
WHEREAS, the demand and availability of electric vehicles ("EVs") continues to grow
within the United States, and Florida is second only to California in the number of EVs according
to Southern Alliance for Clean Energy; and
WHEREAS, Florida Power and Light (FPL) predicts that there will be over 600,000 EVs
within its service territory by 2030 and approximately 8.1 million EVs by 2040; and
WHEREAS, EVs are an important emerging technology for Cape Canaveral residents for a
number of reasons, as recognized by the Legislature of the State of Florida: "conserves and
protects the state's environmental resources, provides significant economic savings to drivers, and
serves an important public interest." Section 718.113(8), Fla. Stat.; and
WHEREAS, due to the City's unique coastal location adjacent to major tourist attractions,
such as Port Canaveral, Kennedy Space Center, beaches, and the near -future Brevard Zoo
aquarium, as well as the existence of critical military and aerospace installations, there is and will
continue to be a need for accessible public EV charging station infrastructure to support long-
term economic growth as EV ownership continues to increase; and
WHEREAS, the City has also observed that a number of City residents rely upon the City's
public charging stations given that they do not have access to home -based charging infrastructure
either because they live in a rental or condominium property; and
City of Cape Canaveral
Resolution No. 2023-21
Page 1 of 4
WHEREAS, although private EV charging stations exist in various places, there currently
appears to be a lack of publicly available EV charging stations on the barrier island based on a
general area observation conducted by City staff; and
WHEREAS, due to the growing demand for EVs and the need to provide publicly available
EV charging stations, the City Council has recently authorized the purchase and installation of new
"smart" EV charging stations at Manatee Sanctuary Park, Banana River Park, City Hall and the City
of Cape Canaveral Community Center for purposes of continuing to support the electrification of
the transportation sector and staying a leader in the region by offering long-term fiscal
sustainability and better program management in furtherance of the goals set forth in the City's
Resiliency Action Plan; and
WHEREAS, in order to support the City's goal of providing state of the art "smart" publicly
available EV charging stations, and to cover the City's operational and maintenance costs
associated with such stations, the City Council hereby desires to establish reasonable rates and
charges for the public's use of the City's EV charging stations; and
WHEREAS, the City Council hereby finds that this Resolution supports the City's goal of
providing widespread access to EV charging infrastructure throughout the City to prepare for
increasing deployment of EVs, improve local air quality, and achieve the City's sustainability and
climate goals in an accessible and inclusive manner; and
WHEREAS, the City Council hereby also finds that this Resolution is in the best interests
of the public health, safety and welfare of the citizens of the City of Cape Canaveral and general
public.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Adoption of Rates and Charges Schedule. The following rates and charges and
other terms and conditions of usage are hereby adopted for City operated EV charging stations
on City owned or controlled properties:
A. City Resident usage rates:
$0.15 per kWh for the first 4 hours of charging
$0.20 per kWh after the first 4 hours of charging
To receive the City Resident rate, a person must provide proof of residency in the form
of a current driver's license, passport, personal identification card issued by a
governmental agency, utility bill, homestead exemption, or such other supporting
documentation deemed acceptable by the City Manager or designee. Residency status
shall be verified by the City Manager or designee at least annually.
B. Non -City Resident usage rates:
$0.20 per kWh for the first 4 hours of charging
$0.25 per kWh after the first 4 hours of charging
City of Cape Canaveral
Resolution No. 2023-21
Page 2 of 4
C. Additional Transaction Fee: In addition to the kWh rate described in Sections A and B
above, a standard $0.50 flat transaction fee — plus 5% of the overall transaction cost shall be
charged to a user for each charging session.
D. Idle Fee: For purposes of increasing turnover and public availability of the charging
stations to vehicles in need of charging and reducing idling, all vehicles that remain plugged in
after their charge is complete shall incur an "idle fee" of $0.15 per minute until the recharging
plug is removed.
E. Other Terms and Conditions of Usage:
All EV charging stations will be programmed to cease operations at 9:30 pm every
evening, and resume operations at 6:30 am every morning.
Any provision of the City Code prohibiting or limiting overnight parking on City
owned property (including City parks such as Manatee Sanctuary Park, Banana River Park, and
Canaveral City Park) shall remain in full force and effect.
Whenever a tropical storm or hurricane warning or evacuation order is issued for
Cape Canaveral, the City Manager is authorized to reduce the KWh rates in Section A and B by
$0.05 per KWh for all users until the applicable tropical storm or hurricane event has concluded,
or the evacuation order has been rescinded.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Reporting Resolution to State. Pursuant to Florida Statutes § 377.815(3), the
City, as an owner or operator of an electric vehicle charging station that is available for public use,
may report the station's name, address, or location, and the fees or costs associated with the
electric vehicle charging services provided by the station, to the Florida Department of Agriculture
and Consumer Services.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 19th day of September 2023.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2023-21
Page 3 of 4
ATTEST:
Mia Goforth, CMC,
City Clerk
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2023-21
Page 4of4