WES MOORE, Governor Ch. 452
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Chapter 452
(Senate Bill 951)
AN ACT concerning
Business Regulation – Electric Vehicle Supply Equipment Workgroup –
Regulations for Retail Use
FOR the purpose of requiring the Comptroller to adopt regulations for the retail use of
electric vehicle supply equipment in the State; requiring the Comptroller, in
consultation with the Public Service Commission, to submit a report on the
development and enforcement of the regulations adopted under this Act to the
General Assembly on or before a certain date establishing the Electric Vehicle
Supply Equipment Workgroup; and generally relating to electric vehicle supply
equipment the Electric Vehicle Supply Equipment Workgroup.
BY adding to
Article – Business Regulation
Section 19–1001 through 19–1003 to be under the new subtitle “Subtitle 10. Electric
Vehicle Supply Equipment”
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Public Utilities
Section 7–901(a), (b), and (e)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Regulation
SUBTITLE 10. ELECTRIC VEHICLE SUPPLY EQUIPMENT.
19–1001.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “DIRECT CURRENT FAST C HARGER” MEANS EV SUPPLY EQUIPMENT :
(1) CAPABLE OF SUPPLYING DIRECT CUR RENT ELECTRICITY TO AN
ELECTRIC VEHICLE ; AND Ch. 452 2024 LAWS OF MARYLAND
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(2) FITTED WITH AN EV CHARGING CONNECTOR .
(C) “EV CHARGING CONNECTOR ” MEANS A DEVICE THAT ATTACHES AN
ELECTRIC VEHICLE TO AN EV CHARGING PORT TO FAC ILITATE THE TRANSFER OF
ELECTRICITY TO AN ELECTRIC VEHICLE .
(D) “EV CHARGING PORT ” MEANS THE PORTION OF AN EV CHARGING
STATION THAT ATTACHE S AN EV CHARGING CONNECTOR W ITH THE EV CHARGING
STATION.
(E) “EV CHARGING STATION ” MEANS A CONNECTED PO INT IN EV SUPPLY
EQUIPMENT:
(1) AT WHICH CURRENT IS TAKEN TO CHARGE A BATTERY OR ANY
OTHER ENERGY STORAGE DEVICE IN AN ELECTRI C VEHICLE; AND
(2) CAPABLE OF PROVIDING CHARGING THAT IS AT LEAST:
(I) LEVEL 2 CHARGING; OR
(II) DIRECT CURRENT FAST CHARGER CHARGING .
(F) “EV SERVICE PROVIDE R” MEANS AN ENTITY RESP ONSIBLE FOR
OPERATING ONE OR MOR E EV SUPPLY EQUIPMENT UNI TS, INCLUDING BEING
RESPONSIBLE FOR :
(1) SENDING OR RECEIVING COMMANDS OR MESSAGES TO AN EV
CHARGING NETWORK AS DEFINED IN § 7–901 OF THE PUBLIC UTILITIES ARTICLE;
AND
(2) PROVIDING BILLING , MAINTENANCE , RESERVATIONS , AND OTHER
SERVICES FOR AN EV SUPPLY EQUIPMENT UNI T.
(G) “EV SUPPLY EQUIPMENT ” MEANS A UNIT THAT CO NTROLS THE POWER
SUPPLY TO ONE OR MOR E ELECTRIC VEHICLES AT AN EV CHARGING STATION .
(H) “LEVEL 2 CHARGING” HAS THE MEANING STAT ED IN § 7–901 OF THE
PUBLIC UTILITIES ARTICLE.
(I) “UPTIME” MEANS THE AVAILABILI TY AND CONSISTENCY O F AN EV
CHARGING STATION TO SUCCESSFULLY DISPENS E ELECTRICITY AS DES IGNED,
MEASURED AS A PERCEN TAGE OF BOTH HOURS A ND DAYS OF A CALEN DAR YEAR.
WES MOORE, Governor Ch. 452
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19–1002.
THIS SUBTITLE DOES NO T APPLY TO:
(1) EV SUPPLY EQUIPMENT THA T IS USED FOR NONCOM MERCIAL
PURPOSES; OR
(2) EV SUPPLY EQUIPMENT THA T SUPPLIES WHOLESALE
ELECTRICITY.
19–1003.
(A) THE COMPTROLLER SHALL ADO PT REGULATIONS FOR T HE RETAIL USE
OF EV SUPPLY EQUIPMENT IN THE STATE.
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , THE REGULATIONS
SHALL:
(1) ESTABLISH DIFFERENT PAYMENT OPTIONS FOR THE RETAIL USE
OF EV SUPPLY EQUIPMENT , INCLUDING:
(I) CREDIT CARD , MOBILE PHONE , AND TOLL–FREE NUMBER
PAYMENT OPTIONS ; AND
(II) OPTIONS FOR CUSTOMER S WITH DISABILITIES AND
NON–ENGLISH SPEAKING CUST OMERS;
(2) PROHIBIT AN EV SERVICE PROVIDER FRO M REQUIRING A
SUBSCRIPTION OR MEMB ERSHIP TO INITIATE A CHARGING SESSION ;
(3) AUTHORIZE AN EV SERVICE PROVIDER TO OFFER SERVICES ON A
SUBSCRIPTION OR MEMB ERSHIP BASIS;
(4) ESTABLISH REQUIREMEN TS FOR TRANSPARENT I NFORMATION
REGARDING EV CHARGING STATIONS , INCLUDING CHARGING R ATES, LOCATION,
ACCESSIBILITY, AND REAL–TIME AVAILABILITY ;
(5) ENABLE USERS WHO HAV E A SUBSCRIPTION OR MEMBERSHIP
WITH AN EV SERVICE PROVIDER TO USE AN EV CHARGING STATION THA T IS NOT
PART OF THE SUBSCRIP TION OR MEMBERSHIP ;
(6) ESTABLISH EMPLOYEE T RAINING OR CERTIFICA TION
REQUIREMENTS FOR IND IVIDUALS WHO INSTALL OR PERFORM MAINTENANCE ON
EV SUPPLY EQUIPMENT ; Ch. 452 2024 LAWS OF MARYLAND
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(7) ESTABLISH MINIMUM PO WER OUTPUT LIMITS FO R EV SUPPLY
EQUIPMENT AND EV CHARGING STATIONS ;
(8) ESTABLISH REGISTRATI ON AND CERTIFICATION REQUIREMENTS ;
(9) REQUIRE THE SUBMISSI ON OF REPORTS ON EV SUPPLY
EQUIPMENT TO :
(I) THE OFFICE OF THE COMPTROLLER ;
(II) THE PUBLIC SERVICE COMMISSION; AND
(III) THE ALTERNATIVE FUELS DATA CENTER IN THE U.S.
DEPARTMENT OF ENERGY;
(10) ESTABLISH LABELING R EQUIREMENTS , INCLUDING LABELING
REQUIREMENTS FOR EV CHARGING STATION CHAR GING RATES, CAPACITY, AND
VOLTAGE;
(11) REQUIRE AN UPTIME OF 97%;
(12) SPECIFY HOW UPTIME W ILL BE MEASURED , INCLUDING:
(I) WHETHER UPTIME MUST BE CALCULATED PER EV
CHARGING PORT OR PER EV CHARGING CONNECTOR ;
(II) THE DATE TO WHICH DOWNTIME IS BACKDATED ; AND
(III) WHETHER DOWNTIME INC LUDES EV CHARGING STATION
DISCONNECTION OR BRO KEN INTERFACE FEATUR ES WHEN THE EV SUPPLY
EQUIPMENT CAN STILL OUTPUT ELECTRICITY ;
(13) IF DETERMINED APPROP RIATE BY THE COMPTROLLER ,
ESTABLISH EXEMPTIONS FROM THE UPTIME REQU IREMENT OF 97%;
(14) ESTABLISH CUSTOMER S UPPORT REQUIREMENTS , INCLUDING:
(I) LABELING REQUIREMENT S FOR PROVIDING CUST OMER
SUPPORT INFORMATION ON AN EV CHARGING STATION ; AND
(II) MINIMUM HOURS OF OPE RATION FOR:
1. GENERAL CUSTOMER SER VICE NEEDS; AND WES MOORE, Governor Ch. 452
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2. PROVIDING OR DISPATC HING CUSTOMER
ASSISTANCE;
(15) ESTABLISH MINIMUM HO URS OF OPERATION FOR EV CHARGING
STATIONS;
(16) REQUIRE PROACTIVE MO NITORING OF EV SUPPLY EQUIPMENT
AND EV CHARGING STATIONS;
(17) ESTABLISH STANDARDS AND PROCEDURES FOR A CCURATE FIELD
STANDARDS IN ACCORDA NCE WITH THE MOST RE CENT EDITION OF THE NATIONAL
INSTITUTE OF STANDARDS AND TECHNOLOGY HANDBOOK 44;
(18) IF DETERMINED APPROP RIATE BY THE COMPTROLLER ,
ESTABLISH STANDARDS FOR THE US E OF:
(I) COMBINED CHARGING SY STEMS, UNDER WHICH A
STANDARD EV CHARGING CONNECTOR A LLOWS A DIRECT CURRE NT FAST CHARGER
TO CONNECT TO , COMMUNICATE WITH , AND CHARGE AN ELECTR IC VEHICLE; OR
(II) NORTH AMERICAN CHARGING SYS TEMS, UNDER WHICH A
TESLA STANDARD EV CHARGING CONNECTOR A LLOWS A DIRECT CURRE NT FAST
CHARGER TO CONNECT T O, COMMUNICATE WITH , AND CHARGE AN ELECTR IC
VEHICLE; AND
(19) ESTABLISH CIVIL PENA LTIES FOR NONCOMPLIA NCE WITH THE
REGULATIONS .
(C) REGULATIONS ADOPTED I N ACCORDANCE WITH THIS SECTION SHALL :
(1) COMPLY WITH THE FEDERAL HIGHWAY ADMINISTRATION ’S
NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE FORMULA PROGRAM; AND
(2) PROVIDE A DELAYED AP PLICABILITY DATE FOR EV SUPPLY
EQUIPMENT INSTALLED BEFORE THE DATE THE REGULATIONS ARE INIT IALLY
ADOPTED.
Article – Public Utilities
7–901.
(a) In this subtitle the following words have the meanings indicated.
Ch. 452 2024 LAWS OF MARYLAND
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(b) “EV charging network” means the total number of EV charging stations an
electric company installs or maintains for public use.
(e) “Level 2 charging” means the ability to charge a battery or other energy
storage device in an electric vehicle in a manner that:
(1) is capable of using an alternating current electrical service with a
minimum of 208 volts; and
(2) meets applicable industry safety standards.
(a) (1) In this section the following words have the meanings indicated.
(2) “Direct current fast charger” means EV supply equipment:
(i) capable of supplying direct current electricity to an electric
vehicle; and
(ii) fitted with an EV charging connector.
(3) “EV charging connector” means a device that attaches an electric
vehicle to an EV charging port to facilitate the transfer of electricity to an electric vehicle.
(4) “EV charging port” means the portion of an EV charging station that
attaches an EV charging connector with the EV charging station.
(5) “EV charging station” means a connected point in EV supply
equipment:
(i) at which current is taken to charge a battery or any other energy
storage device in an electric vehicle; and
(ii) capable of providing, at a minimum:
1. Level 2 charging; or
2. direct current fast charger charging.
(6) “EV service provider” means an entity responsible for operating one or
more EV supply equipment units, including being responsible for:
(i) sending or receiving commands or messages to an EV charging
network as defined in § 7–901 of the Public Utilities Article; and
(ii) providing billing, maintenance, reservations, and other services
for an EV supply equipment unit. WES MOORE, Governor Ch. 452
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(7) “EV supply equipment” means a unit that controls the power supply to
one or more electric vehicles at an EV charging station.
(8) “Level 2 charging” has the meaning stated in § 7–901 of the Public
Utilities Article.
(9) “Uptime” means the availability and consistency of an EV charging
station to successfully dispense electricity as designed, measured as a percentage of both
hours and days of a calendar year.
(b) There is an Electric Vehicle Supply Equipment Workgroup.
(c) The Workgroup consists of the following members:
(1) two members of the Senate of Maryland, appointed by the President of
the Senate;
(2) two members of the House of Delegates, appointed by the Speaker of
the House;
(3) one representative of the Department of Agriculture, designated by the
Secretary of Agriculture;
(4) one representative of the Public Service Commission, designated by the
Chairman Chair of the Public Service Commission;
(5) one representative of the Office of the Comptroller, designated by the
Comptroller;
(6) one representative of the Maryland Department of Transportation,
designated by the Secretary of Transportation;
(7) one representative of the Maryland Energy Administration, designated
by the Director of the Maryland Energy Administration; and
(8) the following members, designated by the Public Service Commission:
(i) two representatives of the public interest sector who are
identified as nongovernment organization leaders in the electric vehicle industry in the
State and consumers of electric vehicles; and
(ii) two representatives of the private sector business partners who
are identified as leaders in the electric vehicle industry in the State.
Ch. 452 2024 LAWS OF MARYLAND
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(d) The Chair of the Public Service Commission shall designate the chair of the
Workgroup.
(e) The Public Service Commission shall provide staff for the Workgroup.
(f) A member of the Workgroup:
(1) may not receive compensation as a member of the Workgroup; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(g) The Workgroup shall:
(1) develop a framework for reliability and reporting standards for EV
charging stations;
(2) study and make recommendations regarding which government
entities have responsibility for ensuring accountability regarding EV charging stations; and
(3) make recommendations regarding adopting and i mplementing
regulations that may:
(i) establish different payment options for the retail use of EV
supply equipment, including:
1. credit card, mobile phone, and toll–free number payment
options; and
2. options for customers with disabilities and non–English
speaking customers;
(ii) prohibit an EV service provider from requiring a subscription or
membership to initiate a charging session;
(iii) authorize an EV service provider to offer services on a
subscription or membership basis;
(iv) whether to establish requirements for transparent information
regarding EV charging stations, including charging rates, location, accessibility, and
real–time availability;
(v) enable users who have a subscription or membership with an EV
service provider to use an EV charging station that is not part of the subscription
membership;
WES MOORE, Governor Ch. 452
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(vi) establish employee training or certification requirements for
individuals who install or perform maintenance on EV supply equipment;
(vii) establishing establish minimum power output limits for EV
supply equipment and EV charging stations;
(viii) establish registration and certification requirements;
(ix) require the submission of reports on EV supply equipment to:
1. the Office of the Comptroller;
2. the Public Service Commission; and
3. the Alternative Fuels Data Center in the U.S. Department
of Energy;
(x) establish labeling requirements, including labeling requirements
for EV charging station charging rates, capacity, and voltage;
(xi) require an uptime of 97%;
(xii) specify how uptime will be measured, including:
1. whether uptime must be calculated per EV charging port
or per EV charging connector;
2. the date to which downtime is backdated; and
3. whether downtime includes EV charging station
disconnection or broken interface features when the EV supply equipment can still output
electricity;
(xiii) establish exemptions from the uptime requirement of 97%;
(xiv) establish customer support requirements, including:
1. labeling requirements for providing customer support
information on an EV charging station; and
2. minimum hours of operation for:
A. general customer service needs; and
B. providing or dispatching customer assistance;
Ch. 452 2024 LAWS OF MARYLAND
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(xv) establish minimum hours of operation for EV charging stations;
(xvi) require proactive monitoring of EV supply equipment and EV
charging stations;
(xvii) establish standards and procedures for accurate field standards
in accordance with the most recent edition of the National Institute of Standards and
Technology Handbook 44;
(xviii) establish standards for the use of:
1. combined charging systems, under which a standard EV
charging connector allows a direct current fast charger to connect to, communicate with,
and charge an electric vehicle; or
2. North American charging systems, under which a Tesla
standard EV charging connector allows a direct current fast charge to connect to,
communicate with, and charge an electric vehicle; and
(xix) establish civil penalties for noncompliance with the regulations.
(h) The recommendations made under subsection (g)(3) of this section shall:
(1) give deference to the Federal Highway Administration’s National
Electric Vehicle Infrastructure Formula Program, but may permit deviation for good cause;
(2) provide a delayed applicability date for EV supply equipment installed
before the date the regulations are initially adopted; and
(3) exclude regulations that apply to:
(i) EV supply equipment that is used for noncommercial purposes;
and
(ii) EV supply equipment that supplies wholesale electricity.
(i) On or before November 1, 2024, the Workgroup shall report its framework and
recommendations to the Senate Education, Energy, and the Environment Committee and
the House Economic Matters Committee, in accordance with § 2 –1257 of the State
Government Article.
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 15, 2025,
the Comptroller, in consultation with the Public Service Commission, shall submit a report
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
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(1) the progress made in developing the regulations required under Section
1 of this Act; and
(2) the resources required for the enforcement of the regulations required
under Section 1 of this Act.
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2024. It shall remain effective for a period of 2 years and, at the end of June 30,
2026, this Act, with no further action required by the General Assembly, shall be abrogated
and of no further force and effect.
Approved by the Governor, May 9, 2024.