EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1028*
HOUSE BILL 1028
C2 4lr3111
CF SB 951
By: Delegate Allen
Introduced and read first time: February 5, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Business Regulation – Electric Vehicle Supply Equipment – Regulations for 2
Retail Use 3
FOR the purpose of requiring the Comptroller to adopt regulations for the retail use of 4
electric vehicle supply equipment in the State; requiring the Comptroller, in 5
consultation with the Public Service Commission, to submit a report on the 6
development and enforcement of the regulations adopted under this Act to the 7
General Assembly on or before a certain date; and generally relating to electric 8
vehicle supply equipment. 9
BY adding to 10
Article – Business Regulation 11
Section 19–1001 through 19–1003 to be under the new subtitle “Subtitle 10. Electric 12
Vehicle Supply Equipment” 13
Annotated Code of Maryland 14
(2015 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Public Utilities 17
Section 7–901(a), (b), and (e) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Business Regulation 23
SUBTITLE 10. ELECTRIC VEHICLE SUPPLY EQUIPMENT. 24
2 HOUSE BILL 1028
19–1001. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “DIRECT CURRENT FAST C HARGER” MEANS EV SUPPLY EQUIPMENT : 4
(1) CAPABLE OF SUPPLYING DIRECT CURRENT ELECTRICITY TO AN 5
ELECTRIC VEHICLE ; AND 6
(2) FITTED WITH AN EV CHARGING CONNECTOR . 7
(C) “EV CHARGING CONNECTOR ” MEANS A DEVICE THAT ATTACHES AN 8
ELECTRIC VEHICLE TO AN EV CHARGING PORT TO FACILITATE THE TRANSFER OF 9
ELECTRICITY TO AN ELECTRIC VEHIC LE. 10
(D) “EV CHARGING PORT ” MEANS THE PORTION OF AN EV CHARGING 11
STATION THAT ATTACHES AN EV CHARGING CONNECTOR W ITH THE EV CHARGING 12
STATION. 13
(E) “EV CHARGING STATION ” MEANS A CONNECTED PO INT IN EV SUPPLY 14
EQUIPMENT: 15
(1) AT WHICH CURRENT IS TAKEN TO CHARGE A BA TTERY OR ANY 16
OTHER ENERGY STORAGE DEVICE IN AN ELECTRI C VEHICLE; AND 17
(2) CAPABLE OF PROVIDING CHARGING THAT IS AT LEAST: 18
(I) LEVEL 2 CHARGING; OR 19
(II) DIRECT CURRENT FAST CHARGER CHARGING. 20
(F) “EV SERVICE PROVIDER ” MEANS AN ENTITY RESP ONSIBLE FOR 21
OPERATING ONE OR MOR E EV SUPPLY EQUIPMENT UNI TS, INCLUDING BEING 22
RESPONSIBLE FOR : 23
(1) SENDING OR RECEIVING COMMANDS OR MESSAGES TO AN EV 24
CHARGING NETWORK AS DEFINED IN § 7–901 OF THE PUBLIC UTILITIES ARTICLE; 25
AND 26
(2) PROVIDING BILLING , MAINTENANCE , RESERVATIONS , AND OTHER 27
SERVICES FOR AN EV SUPPLY EQUIPMENT UNI T. 28
HOUSE BILL 1028 3
(G) “EV SUPPLY EQUIPMENT ” MEANS A UNIT THAT CONTROLS THE POWER 1
SUPPLY TO ONE OR MOR E ELECTRIC VEHICLES AT A N EV CHARGING STATION . 2
(H) “LEVEL 2 CHARGING” HAS THE MEANING STAT ED IN § 7–901 OF THE 3
PUBLIC UTILITIES ARTICLE. 4
(I) “UPTIME” MEANS THE AVAILABILI TY AND CONSISTENCY O F AN EV 5
CHARGING STATION TO SUCCESSFULLY DISPENS E ELECTRICITY AS DESIGNED, 6
MEASURED AS A PERCEN TAGE OF BOTH HOURS A ND DAYS OF A CALENDA R YEAR. 7
19–1002. 8
THIS SUBTITLE DOES NO T APPLY TO: 9
(1) EV SUPPLY EQUIPMENT THA T IS USED FOR NONCOMMERCIAL 10
PURPOSES; OR 11
(2) EV SUPPLY EQUIPMENT THAT SUPPLIES WHOLESALE 12
ELECTRICITY. 13
19–1003. 14
(A) THE COMPTROLLER SHALL ADO PT REGULATIONS FOR THE RETAIL USE 15
OF EV SUPPLY EQUIPMENT IN THE STATE. 16
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , THE REGULATIONS 17
SHALL: 18
(1) ESTABLISH DIFFERENT PAYMENT OPTIONS FOR THE RETAIL USE 19
OF EV SUPPLY EQUIPMENT , INCLUDING: 20
(I) CREDIT CARD , MOBILE PHONE , AND TOLL–FREE NUMBER 21
PAYMENT OPTIONS ; AND 22
(II) OPTIONS FOR CUSTOMER S WITH DISABILITIES AND 23
NON–ENGLISH SPEAKING CUST OMERS; 24
(2) PROHIBIT AN EV SERVICE PROVIDER FROM REQUIRING A 25
SUBSCRIPTION OR MEMB ERSHIP TO INITIATE A CHARGING SESSION ; 26
(3) AUTHORIZE AN EV SERVICE PROVIDER TO OFFER SERVICES ON A 27
SUBSCRIPTION OR MEMB ERSHIP BASIS; 28
4 HOUSE BILL 1028
(4) ESTABLISH REQUIREMENTS FOR TRANSPARENT INFORMATION 1
REGARDING EV CHARGING STATIONS , INCLUDING CHARGING R ATES, LOCATION, 2
ACCESSIBILITY, AND REAL–TIME AVAILABILITY ; 3
(5) ENABLE USERS WHO HAVE A SUB SCRIPTION OR MEMBERS HIP 4
WITH AN EV SERVICE PROVIDER TO USE AN EV CHARGING STATION THA T IS NOT 5
PART OF THE SUBSCRIP TION OR MEMBERSHIP ; 6
(6) ESTABLISH EMPLOYEE T RAINING OR CERTIFICA TION 7
REQUIREMENTS FOR INDIVIDUALS WHO INST ALL OR PERFORM MAINT ENANCE ON 8
EV SUPPLY EQUIPMENT ; 9
(7) ESTABLISH MINIMUM PO WER OUTPUT LIMITS FOR EV SUPPLY 10
EQUIPMENT AND EV CHARGING STATIONS ; 11
(8) ESTABLISH REGISTRATI ON AND CERTIFICATION REQUIREMENTS ; 12
(9) REQUIRE THE SUBMISSI ON OF REPORTS ON EV SUPPLY 13
EQUIPMENT TO: 14
(I) THE OFFICE OF THE COMPTROLLER ; 15
(II) THE PUBLIC SERVICE COMMISSION; AND 16
(III) THE ALTERNATIVE FUELS DATA CENTER IN THE U.S. 17
DEPARTMENT OF ENERGY; 18
(10) ESTABLISH LABELING R EQUIREMENTS , INCLUDING LABELING 19
REQUIREMENTS FOR EV CHARGING STATION CHARGING RATES , CAPACITY, AND 20
VOLTAGE; 21
(11) REQUIRE AN UPTIME OF 97%; 22
(12) SPECIFY HOW UPTIME W ILL BE MEASURED , INCLUDING: 23
(I) WHETHER UPTIME MUST BE CALCULATED PER EV 24
CHARGING PORT OR PER EV CHARGING CONNECTOR ; 25
(II) THE DATE TO WHICH DOWNTIME IS BACKDATE D; AND 26
(III) WHETHER DOWNTIME INC LUDES EV CHARGING STATION 27
DISCONNECTION OR BRO KEN INTERFACE FEATUR ES WHEN THE EV SUPPLY 28
EQUIPMENT CAN STILL OUTPUT ELECTRICITY ; 29 HOUSE BILL 1028 5
(13) IF DETERMINED APPROPRIATE BY THE COMPTROLLER , 1
ESTABLISH EXEMPTIONS FROM THE UPTIME REQU IREMENT OF 97%; 2
(14) ESTABLISH CUSTOMER S UPPORT REQUIREMENTS , INCLUDING: 3
(I) LABELING REQUIREMENT S FOR PROVIDING CUSTOM ER 4
SUPPORT INFORMATION ON AN EV CHARGING STATION ; AND 5
(II) MINIMUM HOURS OF OPERATION FOR: 6
1. GENERAL CUSTOMER SER VICE NEEDS; AND 7
2. PROVIDING OR DISPATC HING CUSTOMER 8
ASSISTANCE; 9
(15) ESTABLISH MINIMUM HO URS OF OPERATION FOR EV CHARGING 10
STATIONS; 11
(16) REQUIRE PROACTIVE MO NITORING OF EV SUPPLY EQUIPMENT 12
AND EV CHARGING STATIONS ; 13
(17) ESTABLISH STANDARDS AND PROCEDURES FOR ACCURATE FIELD 14
STANDARDS IN ACCORDANCE WITH T HE MOST RECENT EDITION OF THE NATIONAL 15
INSTITUTE OF STANDARDS AND TECHNOLOGY HANDBOOK 44; 16
(18) IF DETERMINED APPROP RIATE BY THE COMPTROLLER , 17
ESTABLISH STANDARDS FOR THE USE OF: 18
(I) COMBINED CHARGING SY STEMS, UNDER WHICH A 19
STANDARD EV CHARGING CONNECTOR ALLOWS A DIRECT CURR ENT FAST CHARGER 20
TO CONNECT TO , COMMUNICATE WITH , AND CHARGE AN ELECTR IC VEHICLE; OR 21
(II) NORTH AMERICAN CHARGING SYS TEMS, UNDER WHICH A 22
TESLA STANDARD EV CHARGING CONNECTOR ALLOWS A DIRECT CURR ENT FAST 23
CHARGER TO CONNECT T O, COMMUNICATE WITH , AND CHARGE AN ELECTR IC 24
VEHICLE; AND 25
(19) ESTABLISH CIVIL PENA LTIES FOR NONCOMPLIA NCE WITH THE 26
REGULATIONS . 27
(C) REGULATIONS ADOPTED I N ACCORDANCE WITH TH IS SECTION SHALL: 28
6 HOUSE BILL 1028
(1) COMPLY WITH THE FEDERAL HIGHWAY ADMINISTRATION ’S 1
NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE FORMULA PROGRAM; AND 2
(2) PROVIDE A DELAYED AP PLICABILITY DATE FOR EV SUPPLY 3
EQUIPMENT INSTALLED BEFORE THE DATE THE REGULATIONS ARE INIT IALLY 4
ADOPTED. 5
Article – Public Utilities 6
7–901. 7
(a) In this subtitle the following words have the meanings indicated. 8
(b) “EV charging network” means the total number of EV charging stations an 9
electric company installs or maintains for public use. 10
(e) “Level 2 charging” means the ability to charge a battery or other energy 11
storage device in an electric vehicle in a manner that: 12
(1) is capable of using an alternating current electrical service with a 13
minimum of 208 volts; and 14
(2) meets applicable industry safety standards. 15
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 15, 2025, 16
the Comptroller, in consultation with the Public Service Commission, shall submit a report 17
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: 18
(1) the progress made in developing the regulations required under Section 19
1 of this Act; and 20
(2) the resources required for the enforcement of the regulations required 21
under Section 1 of this Act. 22
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2024. 24