EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Reassigned: Economic Matters, February 8, 2024
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2024
CHAPTER ______
AN ACT concerning 1
Business Regulation – Electric Vehicle Supply Equipment Workgroup – 2
Regulations for 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 establishing the Electric Vehicle 8
Supply Equipment Workgroup; and generally relating to electric vehicle supply 9
equipment the Electric Vehicle Supply Equipment Workgroup. 10
BY adding to 11
Article – Business Regulation 12
Section 19–1001 through 19–1003 to be under the new subtitle “Subtitle 10. Electric 13
Vehicle Supply Equipment” 14
Annotated Code of Maryland 15
(2015 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Public Utilities 18
Section 7–901(a), (b), and (e) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2023 Supplement) 21
2 HOUSE BILL 1028
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Business Regulation 3
SUBTITLE 10. ELECTRIC VEHICLE SUPPLY EQUIPMENT. 4
19–1001. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) “DIRECT CURRENT FAST C HARGER” MEANS EV SUPPLY EQUIPMENT : 8
(1) CAPABLE OF SUPPLYING DIRECT CURRENT ELECT RICITY TO AN 9
ELECTRIC VEHICLE ; AND 10
(2) FITTED WITH AN EV CHARGING CONNECTOR . 11
(C) “EV CHARGING CONNECTOR ” MEANS A DEVICE THAT ATTACHES AN 12
ELECTRIC VEHICLE TO AN EV CHARGING PORT TO FAC ILITATE THE TRANSFER OF 13
ELECTRICITY TO AN EL ECTRIC VEHICLE . 14
(D) “EV CHARGING PORT ” MEANS THE PORTION OF AN EV CHARGING 15
STATION THAT ATTACHE S AN EV CHARGING CONNECTOR W ITH THE EV CHARGING 16
STATION. 17
(E) “EV CHARGING STATION ” MEANS A CONNECTED PO INT IN EV SUPPLY 18
EQUIPMENT: 19
(1) AT WHICH CURRENT IS TAKEN TO CHARGE A BA TTERY OR ANY 20
OTHER ENERGY STORAGE DEVICE IN AN ELECTRI C VEHICLE; AND 21
(2) CAPABLE OF PROVIDING CHARGING THAT IS AT LEAST: 22
(I) LEVEL 2 CHARGING; OR 23
(II) DIRECT CURRENT FAST CHARGER CHARGING . 24
(F) “EV SERVICE PROVIDER ” MEANS AN ENTITY RESP ONSIBLE FOR 25
OPERATING ONE OR MOR E EV SUPPLY EQUIPMENT UNI TS, INCLUDING BEING 26
RESPONSIBLE FOR : 27
HOUSE BILL 1028 3
(1) SENDING OR RECEIVING COMMANDS OR MESSAGES TO AN EV 1
CHARGING NETWORK AS DEFINED IN § 7–901 OF THE PUBLIC UTILITIES ARTICLE; 2
AND 3
(2) PROVIDING BILLING , MAINTENANCE , RESERVATIONS , AND OTHER 4
SERVICES FOR AN EV SUPPLY EQUIPMENT UNI T. 5
(G) “EV SUPPLY EQUIPMENT ” MEANS A UNIT THAT CO NTROLS THE POWER 6
SUPPLY TO ONE OR MORE E LECTRIC VEHICLES AT AN EV CHARGING STATION . 7
(H) “LEVEL 2 CHARGING” HAS THE MEANING STAT ED IN § 7–901 OF THE 8
PUBLIC UTILITIES ARTICLE. 9
(I) “UPTIME” MEANS THE AVAILABILI TY AND CONSISTENCY O F AN EV 10
CHARGING STATION TO SUCCESSFULLY DISPENSE ELECTRICITY AS DESIGNED , 11
MEASURED AS A PERCEN TAGE OF BOTH HOURS A ND DAYS OF A CALENDA R YEAR. 12
19–1002. 13
THIS SUBTITLE DOES NO T APPLY TO: 14
(1) EV SUPPLY EQUIPMENT THA T IS USED FOR NONCOM MERCIAL 15
PURPOSES; OR 16
(2) EV SUPPLY EQUIPMENT THA T SUPPLI ES WHOLESALE 17
ELECTRICITY. 18
19–1003. 19
(A) THE COMPTROLLER SHALL ADO PT REGULATIONS FOR T HE RETAIL USE 20
OF EV SUPPLY EQUIPMENT IN THE STATE. 21
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , THE REGULATIONS 22
SHALL: 23
(1) ESTABLISH DIFFERENT PAYMENT OPTIONS FOR THE RETAIL USE 24
OF EV SUPPLY EQUIPMENT , INCLUDING: 25
(I) CREDIT CARD , MOBILE PHONE , AND TOLL–FREE NUMBER 26
PAYMENT OPTIONS ; AND 27
(II) OPTIONS FOR CUSTOMER S WITH DISABILITIES AND 28
NON–ENGLISH SPEAKING CUST OMERS; 29
4 HOUSE BILL 1028
(2) PROHIBIT AN EV SERVICE PROVIDER FROM REQUIRING A 1
SUBSCRIPTION OR MEMB ERSHIP TO INITIATE A CHARGING SESSION ; 2
(3) AUTHORIZE AN EV SERVICE PROVIDER TO OFFER SERVICES ON A 3
SUBSCRIPTION OR MEMB ERSHIP BASIS; 4
(4) ESTABLISH REQUIREMEN TS FOR TRANSPARENT I NFORMATION 5
REGARDING EV CHARGING STA TIONS, INCLUDING CHARGING R ATES, LOCATION, 6
ACCESSIBILITY, AND REAL–TIME AVAILABILITY ; 7
(5) ENABLE USERS WHO HAV E A SUBSCRIPTION OR MEMBERSHIP 8
WITH AN EV SERVICE PROVIDER TO USE AN EV CHARGING STATION THA T IS NOT 9
PART OF THE SUBSCRIP TION OR MEMBERSHIP ; 10
(6) ESTABLISH EMPLOYEE T RAINING OR CERTIFICA TION 11
REQUIREMENTS FOR IND IVIDUALS WHO INSTALL OR PERFORM MAINTENAN CE ON 12
EV SUPPLY EQUIPMENT ; 13
(7) ESTABLISH MINIMUM PO WER OUTPUT LIMITS FO R EV SUPPLY 14
EQUIPMENT AND EV CHARGING STATIONS ; 15
(8) ESTABLISH REGISTRATION AND CER TIFICATION REQUIREME NTS; 16
(9) REQUIRE THE SUBMISSI ON OF REPORTS ON EV SUPPLY 17
EQUIPMENT TO : 18
(I) THE OFFICE OF THE COMPTROLLER ; 19
(II) THE PUBLIC SERVICE COMMISSION; AND 20
(III) THE ALTERNATIVE FUELS DATA CENTER IN THE U.S. 21
DEPARTMENT OF ENERGY; 22
(10) ESTABLISH LABELING R EQUIREMENTS , INCLUDING LABELING 23
REQUIREMENTS FOR EV CHARGING STATION CHA RGING RATES , CAPACITY, AND 24
VOLTAGE; 25
(11) REQUIRE AN UPTIME OF 97%; 26
(12) SPECIFY HOW UPTIME W ILL BE MEASURED , INCLUDING: 27
(I) WHETHER UPTIME MUST BE CALCULATED PER EV 28
CHARGING PORT OR PER EV CHARGING CONNECTOR ; 29
HOUSE BILL 1028 5
(II) THE DATE TO WHICH DO WNTIME IS BACKDATED ; AND 1
(III) WHETHER DOWNTIME INC LUDES EV CHARGING STATION 2
DISCONNECTION OR BRO KEN INTERFACE FEATUR ES WHEN THE EV SUPPLY 3
EQUIPMENT CAN STILL OUTPUT ELECTRICITY ; 4
(13) IF DETERMINED APPROP RIATE BY THE COMPTROLLER , 5
ESTABLISH EXEMPTIONS FROM THE UPTIME REQU IREMENT OF 97%; 6
(14) ESTABLISH CUSTOMER S UPPORT REQUIREMENTS , INCLUDING: 7
(I) LABELING REQUIREMENT S FOR PROVIDING CUSTOMER 8
SUPPORT INFORMATION ON AN EV CHARGING STATION ; AND 9
(II) MINIMUM HOURS OF OPE RATION FOR: 10
1. GENERAL CUSTOMER SER VICE NEEDS; AND 11
2. PROVIDING OR DISPATC HING CUSTOMER 12
ASSISTANCE; 13
(15) ESTABLISH MINIMUM HO URS OF OPERATION FOR EV CHARGING 14
STATIONS; 15
(16) REQUIRE PROACTIVE MO NITORING OF EV SUPPLY EQUIPMENT 16
AND EV CHARGING STATIONS ; 17
(17) ESTABLISH STANDARDS AND PROCEDURES FOR A CCURATE FIELD 18
STANDARDS IN ACCORDA NCE WITH THE MOST RE CENT EDITION OF THE NATIONAL 19
INSTITUTE OF STANDARDS AND TECHNOLOGY HANDBOOK 44; 20
(18) IF DETERMINED APPROP RIATE BY THE COMPTROLLER , 21
ESTABLISH STANDARDS FOR THE USE OF: 22
(I) COMBINED CHARGING SY STEMS, UNDER WHICH A 23
STANDARD EV CHARGING CONNECTOR A LLOWS A DIRECT CURRE NT FAST CHARGER 24
TO CONNECT TO , COMMUNICATE WITH , AND CHARGE AN ELECTR IC VEHICLE; OR 25
(II) NORTH AMERICAN CHARGING SYS TEMS, UNDER WHICH A 26
TESLA STANDARD EV CHARGING CONNECTOR A LLOWS A DIRECT CURRE NT FAST 27
CHARGER TO CONNECT T O, COMMUNICATE WITH , AND CHARGE AN ELECTR IC 28
VEHICLE; AND 29
6 HOUSE BILL 1028
(19) ESTABLISH CIVIL PENA LTIES FOR NONCOMPLIA NCE WITH THE 1
REGULATIONS . 2
(C) REGULATIONS ADOPTED I N ACCORDANCE WITH TH IS SECTION SHALL: 3
(1) COMPLY WITH THE FEDERAL HIGHWAY ADMINISTRATION ’S 4
NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE FORMULA PROGRAM; AND 5
(2) PROVIDE A DELAYED AP PLICABILITY DATE FOR EV SUPPLY 6
EQUIPMENT INSTALLED BEFORE THE DATE THE REGULATIONS ARE INIT IALLY 7
ADOPTED. 8
Article – Public Utilities 9
7–901. 10
(a) In this subtitle the following words have the meanings indicated. 11
(b) “EV charging network” means the total number of EV charging stations an 12
electric company installs or maintains for public use. 13
(e) “Level 2 charging” means the ability to charge a battery or other energy 14
storage device in an electric vehicle in a manner that: 15
(1) is capable of using an alternating current electrical service with a 16
minimum of 208 volts; and 17
(2) meets applicable industry safety standards. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) “Direct current fast charger” means EV supply equipment: 20
(i) capable of supplying direct current electricity to an electric 21
vehicle; and 22
(ii) fitted with an EV charging connector. 23
(3) “EV charging connector” means a device that attaches an electric 24
vehicle to an EV charging port to facilitate the transfer of electricity to an electric vehicle. 25
(4) “EV charging port” means the portion of an EV charging station that 26
attaches an EV charging connector with the EV charging station. 27
(5) “EV charging station” means a connected point in EV supply 28
equipment: 29 HOUSE BILL 1028 7
(i) at which current is taken to charge a battery or any other energy 1
storage device in an electric vehicle; and 2
(ii) capable of providing, at a minimum: 3
1. Level 2 charging; or 4
2. direct current fast charger charging. 5
(6) “EV service provider” means an entity responsible for operating one or 6
more EV supply equipment units, including being responsible for: 7
(i) sending or receiving commands or messages to an EV charging 8
network as defined in § 7–901 of the Public Utilities Article; and 9
(ii) providing billing, maintenance, reservations, and other services 10
for an EV supply equipment unit. 11
(7) “EV supply equipment” means a unit that controls the power supply to 12
one or more electric vehicles at an EV charging station. 13
(8) “Level 2 charging” has the meaning stated in § 7–901 of the Public 14
Utilities Article. 15
(9) “Uptime” means the availability and consistency of an EV charging 16
station to successfully dispense electricity as designed, measured as a percentage of both 17
hours and days of a calendar year. 18
(b) There is an Electric Vehicle Supply Equipment Workgroup. 19
(c) The Workgroup consists of the following members: 20
(1) one member of the Senate of Maryland, appointed by the President of 21
the Senate; 22
(2) one member of the House of Delegates, appointed by the Speaker of the 23
House; 24
(3) one representative of the Department of Agriculture, designated by the 25
Secretary of Agriculture; 26
(4) one representative of the Public Service Commission, designated by the 27
Chairman of the Public Service Commission; 28
(5) one representative of the Office of the Comptroller, designated by the 29
Comptroller; 30 8 HOUSE BILL 1028
(6) one representative of the Maryland Department of Transportation, 1
designated by the Secretary of Transportation; and 2
(7) the following members, appointed by the Governor: 3
(i) two representatives of the public interest sector who are 4
identified as nongovernment organization leaders in the electric vehicle industry in the 5
State; and 6
(ii) two representatives of the private sector business partners who 7
are identified as leaders in the electric vehicle industry in the State. 8
(d) The Governor shall designate the chair of the Workgroup. 9
(e) The Public Service Commission shall provide staff for the Workgroup. 10
(f) A member of the Workgroup: 11
(1) may not receive compensation as a member of the Workgroup; but 12
(2) is entitled to reimbursement for expenses under the Standard State 13
Travel Regulations, as provided in the State budget. 14
(g) The Workgroup shall: 15
(1) develop a framework for reliability and reporting standards for EV 16
charging stations; 17
(2) study and make recommendations regarding which governmental 18
entities have responsibility for ensuring accountability regarding EV charging stations; and 19
(3) make recommendations regarding adopting and implementing 20
regulations that: 21
(i) establish different payment options for the retail use of EV 22
supply equipment, including: 23
1. credit card, mobile phone, and toll–free number payment 24
options; and 25
2. options for customers with disabilities and non–English 26
speaking customers; 27
(ii) prohibit an EV service provider from requiring a subscription or 28
membership to initiate a charging session; 29
HOUSE BILL 1028 9
(iii) authorize an EV service provider to offer services on a 1
subscription or membership basis; 2
(iv) establish requirements for transparent information regarding 3
EV charging stations, including charging rates, location, accessibility, and real–time 4
availability; 5
(v) enable users who have a subscription or membership with an EV 6
service provider to use an EV charging station that is not part of the subscription 7
membership; 8
(vi) establish employee training or certification requirements for 9
individuals who install or perform maintenance on EV supply equipment; 10
(vii) establish minimum power output limits for EV supply equipment 11
and EV charging stations; 12
(viii) establish registration and certification requirements; 13
(ix) require the submission of reports on EV supply equipment to: 14
1. the Office of the Comptroller; 15
2. the Public Service Commission; and 16
3. the Alternative Fuels Data Center in the U.S. Department 17
of Energy; 18
(x) establish labeling requirements, including labeling requirements 19
for EV charging station charging rates, capacity, and voltage; 20
(xi) require an uptime of 97%; 21
(xii) specify how uptime will be measured, including: 22
1. whether uptime must be calculated per EV charging port 23
or per EV charging connector; 24
2. the date to which downtime is backdated; and 25
3. whether downtime includes EV charging station 26
disconnection or broken interface features when the EV supply equipment can still output 27
electricity; 28
(xiii) establish exemptions from the uptime requirement of 97%; 29
(xiv) establish customer support requirements, including: 30 10 HOUSE BILL 1028
1. labeling requirements for providing customer support 1
information on an EV charging station; and 2
2. minimum hours of operation for: 3
A. general customer service needs; and 4
B. providing or dispatching customer assistance; 5
(xv) establish minimum hours of operation for EV charging stations; 6
(xvi) require proactive monitoring of EV supply equipment and EV 7
charging stations; 8
(xvii) establish standards and procedures for accurate field standards 9
in accordance with the most recent edition of the National Institute of Standards and 10
Technology Handbook 44; 11
(xviii) establish standards for the use of: 12
1. combined charging systems, under which a standard EV 13
charging connector allows a direct current fast charger to connect to, communicate with, 14
and charge an electric vehicle; or 15
2. North American charging systems, under which a Tesla 16
standard EV charging connector allows a direct current fast charger to connect to, 17
communicate with, and charge an electric vehicle; and 18
(xix) establish civil penalties for noncompliance with the regulations. 19
(h) The recommendations made under subsection (g)(3) of this section shall: 20
(1) comply with the Federal Highway Administration’s National Electric 21
Vehicle Infrastructure Formula Program; 22
(2) provide a delayed applicability date for EV supply equipment installed 23
before the date the regulations are initially adopted; and 24
(3) exclude regulations that apply to: 25
(i) EV supply equipment that is used for noncommercial purposes; 26
and 27
(ii) EV supply equipment that supplies wholesale electricity. 28
HOUSE BILL 1028 11
(i) On or before November 1, 2024, the Workgroup shall report its framework and 1
recommendations to the Senate Education, Energy, and the Environment Committee and 2
the House Economic Matters Committee, in accordance with § 2 –1257 of the State 3
Government Article. 4
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 15, 2025, 5
the Comptroller, in consultation with the Public Service Commission, shall submit a report 6
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: 7
(1) the progress made in developing the regulations required under Section 8
1 of this Act; and 9
(2) the resources required for the enforcement of the regulations required 10
under Section 1 of this Act. 11
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
July 1, 2024. It shall remain effective for a period of 2 years and, at the end of June 30, 13
2026, this Act, with no further action required by the General Assembly, shall be abrogated 14
and of no further force and effect. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.