EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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.
Italics indicate opposite chamber/conference committee amendments.
*hb1028*
HOUSE BILL 1028
C2 (4lr3111)
ENROLLED BILL
— Economic Matters/Education, Energy, and the Environment —
Introduced by Delegate Allen
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 1028
Annotated Code of Maryland 1
(2015 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Public Utilities 4
Section 7–901(a), (b), and (e) 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2023 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Business Regulation 10
SUBTITLE 10. ELECTRIC VEHICLE SUPPLY EQUIPMENT. 11
19–1001. 12
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(B) “DIRECT CURRENT FAST C HARGER” MEANS EV SUPPLY EQUIPMENT: 15
(1) CAPABLE OF SUPPLYING DIRECT CURRENT ELECT RICITY TO AN 16
ELECTRIC VEHICLE ; AND 17
(2) FITTED WITH AN EV CHARGING CONNECTOR . 18
(C) “EV CHARGING CONNECTOR ” MEANS A DEVICE THAT ATTACHES AN 19
ELECTRIC VEHICLE TO AN EV CHARGING PORT TO FAC ILITATE THE TRANSFER OF 20
ELECTRICITY TO AN EL ECTRIC VEHICLE . 21
(D) “EV CHARGING PORT ” MEANS THE PORTION OF AN EV CHARGING 22
STATION THAT ATTACHE S AN EV CHARGING CONNECTOR W ITH THE EV CHARGING 23
STATION. 24
(E) “EV CHARGING STATION ” MEANS A CONNECTED PO INT IN EV SUPPLY 25
EQUIPMENT: 26
(1) AT WHICH CURRENT IS TAKEN TO CHARGE A BA TTERY OR ANY 27
OTHER ENERGY STORAGE DEVICE IN AN ELECTRI C VEHICLE; AND 28
(2) CAPABLE OF PROVIDING CHARGING THAT IS AT LEAST: 29
(I) LEVEL 2 CHARGING; OR 30 HOUSE BILL 1028 3
(II) DIRECT CURRENT FAST CHARGER CHARGING. 1
(F) “EV SERVICE PROVIDER ” MEANS AN ENTITY RESP ONSIBLE FOR 2
OPERATING ONE OR MOR E EV SUPPLY EQUIPMENT UNI TS, INCLUDING BEING 3
RESPONSIBLE FOR : 4
(1) SENDING OR RECEIVING COMMANDS OR MESSAGES TO AN EV 5
CHARGING NETWORK AS DEFINED IN § 7–901 OF THE PUBLIC UTILITIES ARTICLE; 6
AND 7
(2) PROVIDING BILLING , MAINTENANCE , RESERVATIONS , AND OTHER 8
SERVICES FOR AN EV SUPPLY EQUIPMENT UNI T. 9
(G) “EV SUPPLY EQUIPMENT ” MEANS A UNIT THAT CO NTROLS THE POWER 10
SUPPLY TO ONE OR MOR E ELECTRIC VEHICLES AT AN EV CHARGING STATION . 11
(H) “LEVEL 2 CHARGING” HAS THE MEANING STAT ED IN § 7–901 OF THE 12
PUBLIC UTILITIES ARTICLE. 13
(I) “UPTIME” MEANS THE AVAILABILI TY AND CONSISTENCY O F AN EV 14
CHARGING STATION TO SUCCESSFULLY DISPENS E ELECTRICITY AS DES IGNED, 15
MEASURED AS A PE RCENTAGE OF BOTH HOU RS AND DAYS OF A CAL ENDAR YEAR. 16
19–1002. 17
THIS SUBTITLE DOES NO T APPLY TO: 18
(1) EV SUPPLY EQUIPMENT THA T IS USED FOR NONCOM MERCIAL 19
PURPOSES; OR 20
(2) EV SUPPLY EQUIPMENT THA T SUPPLIES WHOLESALE 21
ELECTRICITY. 22
19–1003. 23
(A) THE COMPTROLLER SHALL ADO PT REGULATIONS FOR T HE RETAIL USE 24
OF EV SUPPLY EQUIPMENT IN THE STATE. 25
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , THE REGULATIONS 26
SHALL: 27
(1) ESTABLISH DIFFERENT PAYMENT OPTIONS FOR THE RETAIL USE 28
OF EV SUPPLY EQUIPMENT , INCLUDING: 29 4 HOUSE BILL 1028
(I) CREDIT CARD , MOBILE PHONE , AND TOLL–FREE NUMBER 1
PAYMENT OPTIONS ; AND 2
(II) OPTIONS FOR CUSTOMER S WITH DISABILITIES AND 3
NON–ENGLISH SPEAKING CUST OMERS; 4
(2) PROHIBIT AN EV SERVICE PROVIDER FRO M REQUIRING A 5
SUBSCRIPTION OR MEMB ERSHIP TO INITIATE A CHARGI NG SESSION; 6
(3) AUTHORIZE AN EV SERVICE PROVIDER TO OFFER SERVICES ON A 7
SUBSCRIPTION OR MEMB ERSHIP BASIS; 8
(4) ESTABLISH REQUIREMEN TS FOR TRANSPARENT I NFORMATION 9
REGARDING EV CHARGING STATIONS , INCLUDING CHARGING R ATES, LOCATION, 10
ACCESSIBILITY, AND REAL–TIME AVAILABILITY ; 11
(5) ENABLE USERS WHO HAV E A SUBSCRIPTION OR MEMBERSHIP 12
WITH AN EV SERVICE PROVIDER TO USE AN EV CHARGING STATION THA T IS NOT 13
PART OF THE SUBSCRIP TION OR MEMBERSHIP ; 14
(6) ESTABLISH EMPLOYEE T RAINING OR CERTIFICATION 15
REQUIREMENTS FOR IND IVIDUALS WHO INSTALL OR PERFORM MAINTENAN CE ON 16
EV SUPPLY EQUIPMENT ; 17
(7) ESTABLISH MINIMUM PO WER OUTPUT LIMITS FO R EV SUPPLY 18
EQUIPMENT AND EV CHARGING STATIONS ; 19
(8) ESTABLISH REGISTRATI ON AND CERTIFICATION REQUIREMENT S; 20
(9) REQUIRE THE SUBMISSI ON OF REPORTS ON EV SUPPLY 21
EQUIPMENT TO : 22
(I) THE OFFICE OF THE COMPTROLLER ; 23
(II) THE PUBLIC SERVICE COMMISSION; AND 24
(III) THE ALTERNATIVE FUELS DATA CENTER IN THE U.S. 25
DEPARTMENT OF ENERGY; 26
(10) ESTABLISH LABELING REQUIREMENT S, INCLUDING LABELING 27
REQUIREMENTS FOR EV CHARGING STATION CHA RGING RATES , CAPACITY, AND 28
VOLTAGE; 29
HOUSE BILL 1028 5
(11) REQUIRE AN UPTIME OF 97%; 1
(12) SPECIFY HOW UPTIME W ILL BE MEASURED , INCLUDING: 2
(I) WHETHER UPTIME MUST BE CALCULATED PER EV 3
CHARGING PORT OR PER EV CHARGING CONNECTOR ; 4
(II) THE DATE TO WHICH DO WNTIME IS BACKDATED ; AND 5
(III) WHETHER DOWNTIME INC LUDES EV CHARGING STATION 6
DISCONNECTION OR BRO KEN INTERFACE FEATUR ES WHEN THE EV SUPPLY 7
EQUIPMENT CAN STILL OUTPUT ELECTRICITY ; 8
(13) IF DETERMINED APPROP RIATE BY THE COMPTROLLER , 9
ESTABLISH EXEMPTIONS FROM THE UPTIME REQU IREMENT OF 97%; 10
(14) ESTABLISH CUSTOMER S UPPORT REQUIREMENTS , INCLUDING: 11
(I) LABELING REQUIREMENT S FOR PROVIDING CUST OMER 12
SUPPORT INFORMATION ON AN EV CHARGING STATION ; AND 13
(II) MINIMUM HOURS OF OPE RATION FOR: 14
1. GENERAL CUSTOMER SER VICE NEEDS; AND 15
2. PROVIDING OR DISPATC HING CUSTOMER 16
ASSISTANCE; 17
(15) ESTABLISH MINIMUM HO URS OF OPERATION FOR EV CHARGING 18
STATIONS; 19
(16) REQUIRE PROACTIVE MONITORING OF EV SUPPLY EQUIPMENT 20
AND EV CHARGING STATIONS ; 21
(17) ESTABLISH STANDARDS AND PROCEDURES FOR A CCURATE FIELD 22
STANDARDS IN ACCORDA NCE WITH THE MOST RE CENT EDITION OF THE NATIONAL 23
INSTITUTE OF STANDARDS AND TECHNOLOGY HANDBOOK 44; 24
(18) IF DETERMINED APPROPRIATE BY THE COMPTROLLER , 25
ESTABLISH STANDARDS FOR THE USE OF: 26
(I) COMBINED CHARGING SY STEMS, UNDER WHICH A 27
STANDARD EV CHARGING CONNECTOR A LLOWS A DIRECT CURRE NT FAST CHARGER 28
TO CONNECT TO , COMMUNICATE WITH , AND CHARGE AN ELECTR IC VEHICLE; OR 29 6 HOUSE BILL 1028
(II) NORTH AMERICAN CHARGING SYS TEMS, UNDER WHICH A 1
TESLA STANDARD EV CHARGING CONNECTOR A LLOWS A DIRECT CURRE NT FAST 2
CHARGER TO CONNECT T O, COMMUNICATE WITH , AND CHARGE AN ELECTR IC 3
VEHICLE; AND 4
(19) ESTABLISH CIVIL PENA LTIES FOR NONCOMPLIA NCE WITH THE 5
REGULATIONS . 6
(C) REGULATIONS ADOPTED I N ACCORDANCE WITH TH IS SECTION SHALL: 7
(1) COMPLY WITH THE FEDERAL HIGHWAY ADMINISTRATION ’S 8
NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE FORMULA PROGRAM; AND 9
(2) PROVIDE A DELAYED AP PLICABILITY DATE FOR EV SUPPLY 10
EQUIPMENT INSTALLED BEFORE THE DATE THE REGULATIONS ARE INIT IALLY 11
ADOPTED. 12
Article – Public Utilities 13
7–901. 14
(a) In this subtitle the following words have the meanings indicated. 15
(b) “EV charging network” means the total number of EV charging stations an 16
electric company installs or maintains for public use. 17
(e) “Level 2 charging” means the ability to charge a battery or other energy 18
storage device in an electric vehicle in a manner that: 19
(1) is capable of using an alternating current electrical service with a 20
minimum of 208 volts; and 21
(2) meets applicable industry safety standards. 22
(a) (1) In this section the following words have the meanings indicated. 23
(2) “Direct current fast charger” means EV supply equipment: 24
(i) capable of supplying direct current electricity to an electric 25
vehicle; and 26
(ii) fitted with an EV charging connector. 27
(3) “EV charging connector” means a device that attaches an electric 28
vehicle to an EV charging port to facilitate the transfer of electricity to an electric vehicle. 29 HOUSE BILL 1028 7
(4) “EV charging port” means the portion of an EV charging station that 1
attaches an EV charging connector with the EV charging station. 2
(5) “EV charging station” means a connected point in EV supply 3
equipment: 4
(i) at which current is taken to charge a battery or any other energy 5
storage device in an electric vehicle; and 6
(ii) capable of providing, at a minimum: 7
1. Level 2 charging; or 8
2. direct current fast charger charging. 9
(6) “EV service provider” means an entity responsible for operating one or 10
more EV supply equipment units, including being responsible for: 11
(i) sending or receiving commands or messages to an EV charging 12
network as defined in § 7–901 of the Public Utilities Article; and 13
(ii) providing billing, maintenance, reservations, and other services 14
for an EV supply equipment unit. 15
(7) “EV supply equipment” means a unit that controls the power supply to 16
one or more electric vehicles at an EV charging station. 17
(8) “Level 2 charging” has the meaning stated in § 7–901 of the Public 18
Utilities Article. 19
(9) “Uptime” means the availability and consistency of an EV charging 20
station to successfully dispense electricity as designed, measured as a percentage of both 21
hours and days of a calendar year. 22
(b) There is an Electric Vehicle Supply Equipment Workgroup. 23
(c) The Workgroup consists of the following members: 24
(1) one member two members of the Senate of Maryland, appointed by the 25
President of the Senate; 26
(2) one member two members of the House of Delegates, appointed by the 27
Speaker of the House; 28
(3) one representative of the Department of Agriculture, designated by the 29
Secretary of Agriculture; 30 8 HOUSE BILL 1028
(4) one representative of the Public Service Commission, designated by the 1
Chairman Chair of the Public Service Commission; 2
(5) one representative of the Office of the Comptroller, designated by the 3
Comptroller; 4
(6) one representative of the Maryland Department of Transportation, 5
designated by the Secretary of Transportation; and 6
(7) one representative of the Maryland Energy Administration, designated 7
by the Director of the Maryland Energy Administration; and 8
(7) (8) the following members, appointed designated by the Governor Public 9
Service Commission: 10
(i) two representatives of the public interest sector who are 11
identified as nongovernment organization leaders in the electric vehicle industry in the 12
State and consumers of electric vehicles; and 13
(ii) two representatives of the private sector business partners who 14
are identified as leaders in the electric vehicle industry in the State. 15
(d) The Governor Chair of the Public Service Commission shall designate the 16
chair of the Workgroup. 17
(e) The Public Service Commission shall provide staff for the Workgroup. 18
(f) A member of the Workgroup: 19
(1) may not receive compensation as a member of the Workgroup; but 20
(2) is entitled to reimbursement for expenses under the Standard State 21
Travel Regulations, as provided in the State budget. 22
(g) The Workgroup shall: 23
(1) develop a framework for reliability and reporting standards for EV 24
charging stations; 25
(2) study and make recommendations regarding which governmental 26
government entities have responsibility for ensuring accountability regarding EV charging 27
stations; and 28
(3) make recommendations regarding adopting and implementing 29
regulations that may: 30
HOUSE BILL 1028 9
(i) establish different payment options for the retail use of EV 1
supply equipment, including: 2
1. credit card, mobile phone, and toll–free number payment 3
options; and 4
2. options for customers with disabilities and non–English 5
speaking customers; 6
(ii) prohibit an EV service provider from requiring a subscription or 7
membership to initiate a charging session; 8
(iii) authorize an EV service provider to offer services on a 9
subscription or membership basis; 10
(iv) establish requirements for transparent information regarding 11
EV charging stations, including charging rates, location, accessibility, and real–time 12
availability; 13
(v) enable users who have a subscription or membership with an EV 14
service provider to use an EV charging station that is not part of the subscription 15
membership; 16
(vi) establish employee training or certification requirements for 17
individuals who install or perform maintenance on EV supply equipment; 18
(vii) establish minimum power output limits for EV supply equipment 19
and EV charging stations; 20
(viii) establish registration and certification requirements; 21
(ix) require the submission of reports on EV supply equipment to: 22
1. the Office of the Comptroller; 23
2. the Public Service Commission; and 24
3. the Alternative Fuels Data Center in the U.S. Department 25
of Energy; 26
(x) establish labeling requirements, including labeling requirements 27
for EV charging station charging rates, capacity, and voltage; 28
(xi) require an uptime of 97%; 29
(xii) specify how uptime will be measured, including: 30
10 HOUSE BILL 1028
1. whether uptime must be calculated per EV charging port 1
or per EV charging connector; 2
2. the date to which downtime is backdated; and 3
3. whether downtime includes EV charging station 4
disconnection or broken interface features when the EV supply equipment can still output 5
electricity; 6
(xiii) establish exemptions from the uptime requirement of 97%; 7
(xiv) establish customer support requirements, including: 8
1. labeling requirements for providing customer support 9
information on an EV charging station; and 10
2. minimum hours of operation for: 11
A. general customer service needs; and 12
B. providing or dispatching customer assistance; 13
(xv) establish minimum hours of operation for EV charging stations; 14
(xvi) require proactive monitoring of EV supply equipment and EV 15
charging stations; 16
(xvii) establish standards and procedures for accurate field standards 17
in accordance with the most recent edition of the National Institute of Standards and 18
Technology Handbook 44; 19
(xviii) establish standards for the use of: 20
1. combined charging systems, under which a standard EV 21
charging connector allows a direct current fast charger to connect to, communicate with, 22
and charge an electric vehicle; or 23
2. North American charging systems, under which a Tesla 24
standard EV charging connector allows a direct current fast charger charge to connect to, 25
communicate with, and charge an electric vehicle; and 26
(xix) establish civil penalties for noncompliance with the regulations. 27
(h) The recommendations made under subsection (g)(3) of this section shall: 28
HOUSE BILL 1028 11
(1) comply with give deference to the Federal Highway Administration’s 1
National Electric Vehicle Infrastructure Formula Program, but may permit deviation for 2
good cause; 3
(2) provide a delayed applicability date for EV supply equipment installed 4
before the date the regulations are initially adopted; and 5
(3) exclude regulations that apply to: 6
(i) EV supply equipment that is used for noncommercial purposes; 7
and 8
(ii) EV supply equipment that supplies wholesale electricity. 9
(i) On or before November 1, 2024, the Workgroup shall report its framework and 10
recommendations to the Senate Education, Energy, and the Environment Committee and 11
the House Economic Matters Committee, in accordance with § 2 –1257 of the State 12
Government Article. 13
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 15, 2025, 14
the Comptroller, in consultation with the Public Service Commission, shall submit a report 15
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: 16
(1) the progress made in developing the regulations required under Section 17
1 of this Act; and 18
(2) the resources required for the enforcement of the regulations required 19
under Section 1 of this Act. 20
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
July 1, 2024. It shall remain effective for a period of 2 years and, at the end of June 30, 22
2026, this Act, with no further action required by the General Assembly, shall be abrogated 23
and of no further force and effect. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.