25 LC 39 4540
House Bill 883
By: Representative Jasperse of the 11
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 8A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
1
relating to electric vehicle charging stations, so as to revise and provide for standards for2
display of electricity dispensed by electric vehicle charging stations; to provide for standards3
and conditions for annual registration of electric vehicle charging stations with the4
Department of Agriculture; to provide for registration fees; to provide for inspections for5
safety; to provide for authority to seek an injunction for electric vehicle charging stations6
delivering inaccurate measures; to provide for condemnation of electric vehicle charging7
stations that present a public safety hazard; to amend Article 1 of Chapter 9 of Title 48 of the8
Official Code of Georgia Annotated, relating to motor fuel tax, so as to provide for an9
exception for collection of motor fuel taxes relative to electricity delivered by certain electric10
vehicle charging stations; to provide for related matters; to provide for an effective date; to11
repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
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SECTION 1.
14
Article 8A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to15
electric vehicle charging stations, is amended by revising Code Section 10-1-222, relating16
to charging stations to be capable of measuring and displaying amount of electricity17
delivered and annual registration, as follows:18
"10-1-222.19
(a)(1)(A)
All electric vehicle charging stations that deliver electricity to a consumer for20
consideration of payment shall be capable of accurately measuring and prominently21
displaying the amount of electricity delivered to each electric vehicle on a per22
kilowatt-hour basis, either directly upon the station or remotely through the use of a23
digital network. Such stations shall be further equipped with meters to record the total24
kilowatt-hours dispensed.25
(B) All electric vehicle charging stations installed for operation on or after January 1,26
2026, shall be capable of accurately measuring and prominently displaying the amount27
of electricity delivered to each electric vehicle on a per kilowatt-hour basis, either28
directly upon the station or remotely through the use of a digital network. Such stations29
shall be further equipped with meters to record the total kilowatt-hours dispensed.30
(2) All electric vehicle charging stations that deliver electricity by alternating current and31
for no consideration of payment in operation prior to January 1, 2026, shall be capable32
of prominently displaying when the maximum needed amount of electricity has been33
delivered to an electric vehicle, either directly upon the station or remotely through the34
use of a digital network.35
(b) All electric vehicle charging stations shall be subject to inspection as provided for in36
this article. Prior to operation of any electric vehicle charging station and annually37
thereafter, an electric vehicle charging provider shall register with the Commissioner in the38
form and manner prescribed by such Commissioner. Such registration shall include the:39
(1) The location of the electric vehicle charging station;40
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(2) Whether the electricity to be provided will be in exchange for consideration of41
payment;42
(3) The date of first operation of the electric vehicle charging station;43
(4) The the name, brand, or manufacturer of the type of electric vehicle charging station,44
together with the name and address thereof; and45
(5) Certification certification that the electric vehicle charging station is in conformity46
with the specifications established pursuant to this article by the Commissioner.47
(c) Upon compliance with the requirements of this Code section, a certificate of48
registration shall be issued:49
(1) For an electric vehicle charging station described in paragraph (1) of subsection (a)50
of this Code section, upon payment of an annual registration fee of $250.00; or51
(2) For an electric vehicle charging station described in paragraph (2) of subsection (a)52
of this Code section, upon payment of an annual registration fee of $50.00.53
(d) Certificates of registration issued by the Commissioner pursuant to this Code section54
shall be posted in a prominent and accessible place upon the electric vehicle charging55
station."56
SECTION 2.57
Said article is further amended by revising Code Section 10-1-224, relating to inspection of58
stations, accurate stations, seal of accurate stations, condemnation of inaccurate stations,59
secrete manipulation prohibited, and regulatory authority, as follows:60
"10-1-224.61
(a) Electric vehicle charging station inspectors shall inspect all electric vehicle charging62
stations located in the territory assigned to them.63
(b) All electric vehicle charging stations that deliver electricity to a consumer for64
consideration of payment found to be giving accurate measure of the amount of electricity65
delivered within the tolerance established by regulations of the Commissioner shall have66
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the electric vehicle charging station sealed with an official seal applied by an inspector duly
67
authorized by the Commissioner.68
(c)(1)
If any electric vehicle charging station that delivers electricity to a consumer for69
consideration of payment shall be found to be giving inaccurate measure of the amount70
of electricity delivered in excess of the tolerance established by regulations of the71
Commissioner, the inspector shall then and there immediately notify the electric vehicle72
charging provider, whether owner or lessee. Should the electric vehicle charging73
provider in receipt of notice pursuant to this paragraph fail or refuse to then and there74
immediately make such adjustments as shall be necessary to bring the measure within the75
allowed variation, the same Commissioner shall be authorized to apply to the superior76
court having jurisdiction over the electric vehicle charging provider for an injunction77
against the continuance of any such violations. The appropriate superior court shall have78
jurisdiction, upon hearing and for cause shown, to grant such temporary or permanent79
injunction restraining further violations as the circumstances appear to require.80
(2) If any electric vehicle charging station shall be found to be in unsafe condition81
pursuant to standards established by regulations of the Commissioner, the inspector shall82
immediately notify the electric vehicle charging provider, whether owner or lessee. 83
Should the electric vehicle charging provider in receipt of notice pursuant to this84
paragraph fail or refuse to immediately make such adjustments as shall be necessary to85
bring the electric vehicle charging station into compliance with safety rules or regulations86
such electric vehicle charging station shall be condemned and rendered inoperable87
immediately by the examining inspector examining the same; and such electric vehicle88
charging station shall not again be operated without the written consent of the89
Commissioner. Inspectors shall be required to report to the Commissioner immediately90
the name and number of any electric vehicle charging station condemned and rendered91
inoperable pursuant to this paragraph.92
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(d) When any electric vehicle charging station is condemned under this article93
paragraph (1) of subsection (c) of this Code section by any inspector, it shall be the duty94
of the inspector immediately to make affidavit before the judge of the probate court of the95
county in which the electric vehicle charging station is located that such station is being96
operated contrary to law by the electric vehicle charging provider who shall be named in97
the affidavit. Thereupon the judge of the probate court shall issue an order to the electric98
vehicle charging provider named in the affidavit to show cause before him or her on the99
day named in the order, not more than ten days nor fewer than three days from the issuance100
of the order, why the electric vehicle charging station should not be forfeited, confiscated101
to the state, and dismantled. On such day named in the order, it shall be the duty of the102
judge of the probate court to hear the respective parties and to determine whether or not the103
electric vehicle charging station has been operated contrary to the provisions of this article. 104
If the judge of the probate court finds that the electric vehicle charging station has been so105
operated, he or she shall forthwith issue an order adjudging the electric vehicle charging106
station to be forfeited and confiscated to the state and directing the sheriff of the county to107
dismantle the electric vehicle charging station and take it into his or her possession, and,108
after ten days' notice by posting or publication, as the court may direct, to sell the electric109
vehicle charging station to the highest bidder for cash. The proceeds of sale, or as much110
thereof as may be necessary, shall be used by the sheriff, first, to pay the costs associated111
with sale, which shall be the same as in cases of attachment, and the sheriff shall thereupon112
pay over and deliver the residue, if any, to the person from whose possession the electric113
vehicle charging station has been taken.114
(e) It shall be unlawful to install or operate any electric vehicle charging station which can115
be secretly manipulated in such manner as to give short measure. Such inaccurate or that116
is in violation of any rule or regulation of the Commissioner relating to safe operation of117
electric vehicle charging stations. An unsafe electric vehicle charging station shall be118
condemned as provided in this Code section, and thereafter it shall be unlawful for any119
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person to resell dispense any electricity from such electric vehicle charging station until120
such station has been made or altered to comply with this article and has been inspected121
and approved for service by the inspector.122
(f) It shall be unlawful for anyone to remove a seal applied by an inspector to an electric123
vehicle charging station without first securing consent of the Commissioner, whose consent124
may be given through one of the duly authorized inspectors.125
(g) The department shall have the power to implement rules and regulations necessary to126
carry out the inspections of electric vehicle charging stations as provided for by this Code127
section."128
SECTION 3.129
Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to130
motor fuel tax, is amended in Code Section 48-9-2, relating to definitions relative to motor131
fuel tax, by revising subparagraph (G) of paragraph (5) as follows:132
"(G) Consumes, uses, or sells electricity as a motor fuel through an electric vehicle133
charging station for both highway and nonhighway use; provided, however, that such134
term shall not include any electric vehicle charging stations that deliver electricity by135
alternating current and for no consideration of payment in operation prior to January 1,136
2026;"137
SECTION 4.138
Said article is further amended in Code Section 48-9-3, relating to levy of excise tax, rate,139
taxation of motor fuels not commonly sold or measured by gallon, rate, prohibition of tax on140
motor fuel by political subdivisions, exception, and exempted sales, by revising141
paragraph (2) of subsection (a) and subdivision (b)(7)(B)(ii)(I) as follows:142
"(2) In the event any motor fuels which are not commonly sold or measured by the gallon143
or which are not otherwise provided for by this Code section are used in any motor144
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vehicles on the public highways of this state, the commissioner may assess, levy, and
145
collect a tax upon such fuels, under such regulations as the commissioner may146
promulgate, in accordance with and measured by the nearest power potential equivalent147
to that of one gallon of regular grade gasoline; provided, however, that no tax shall be
148
collected upon such fuel dispensed from an electric vehicle charging station that delivers149
electricity by alternating current and for which no consideration of payment is exchanged150
that is in operation prior to January 1, 2026. Any determination by the commissioner of151
the power potential equivalent of such motor fuels shall be prima-facie correct. Upon152
each such quantity of such fuels used upon the public highways of this state, a tax at the153
same rate per gallon imposed on motor fuel under paragraph (1) of this subsection shall154
be assessed and collected."155
"(ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage156
receptacle which has a connection to a withdrawal outlet that may be used for157
highway use, as defined in paragraph (8) of Code Section 48-9-2, and any special158
fuel delivered from an electric vehicle charging station, is not exempt from the159
motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the160
time of sale a valid licensed distributor of that type of motor fuel, or (2) such fuel161
dispensed is from an electric vehicle charging station that delivers electricity by162
alternating current and for which no consideration of payment is exchanged that is163
in operation prior to January 1, 2026, or an exemption certificate has been obtained164
on forms furnished by the Department of Revenue showing that there is no highway165
use of such fuels and the person obtaining such fuel is not a reseller of such fuels. 166
Each exemption certificate shall be valid for a period of not more than three years167
and shall be kept by the distributor as one of the records specified in Code Section168
48-9-8. It shall be the responsibility of the purchaser to notify the distributor when169
the purchaser is no longer qualified for the nonhighway exemption. All applicable170
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taxes must shall be charged the purchaser until the purchaser is granted a valid171
distributor's license for that type of motor fuel."172
SECTION 5.173
This Act shall become effective on January 1, 2026.174
SECTION 6.175
All laws and parts of laws in conflict with this Act are repealed.176
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