HomeMy WebLinkAboutcocc_resolution_no_2023-21_20230920RESOLUTION 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
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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
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Resolution No. 2023-21
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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. However, whenever a tropical storm,
hurricane warning, evacuation order or other emergency event exists, the City Manager may
modify the operational schedule of any or all EV charging stations for the duration of the event.
- 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.
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 S. 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 20th day of September 2023.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2023-21
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(Signature)
Wes Morrison, Mayor
(Signature)
Mia Goforth; CMC
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
(Signature)
Arfthony A. Garganese, City Attorney
ATTEST:
Name FOR AGAINST
Kim Davis Second
Mickie Kellum x
Wes Morrison x
Angela Raymond x
Don Willis Motion
City of Cape Canaveral
Resolution No. 2023-21
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SEAL of Cape Canaveral, Florida