Green Paint Vital to Enforcement of Proposed Maryland Anti-ICEing Law

Maryland Anti-ICEing Bill HB 598 2018

We’ll need many gallons of green paint and hundreds of new signs to make electric vehicle charging stations enforceable in Maryland under the latest proposal for a state-wide anti-ICEing law. Are EV charging station site hosts, local and state governments and the EV community up to the task?

Eight states have enacted anti-ICEing laws. They all require that the charging spots be designated in some manner in order to be enforceable. One state, Washington, requires “green pavement markings” in addition to signs to enforce their $124 penalty for violators.

A bill proposed in the 2018 session of the Maryland General Assembly will also require green pavement markings in order to be enforced. HB 598, sponsored by Delegate Clarence Lam, is the sixth attempt at anti-ICEing legislation in Annapolis.

I have participated in efforts to get a statewide anti-ICEing law in Maryland since 2012 when Delegate Eric Luedtke introduced HB 108. In addition to many phone calls, meetings and letters, I have traveled to Annapolis on at least three occasions to testify in support of legislation as chronicled here in 2016 and here for 2017. What will it take to be successful this time?

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Electric Vehicle Legislation Tracker – 2018

Maryland House Office Building
Lawmakers in Virginia, Maryland and other places are considering electric vehicle legislation and laws related to EV charging stations in 2018. These bills include enacting or repealing tax credits for plug-in vehicles and EV charging equipment, anti-ICEing laws and legislation authorizing the installation of charging equipment at multi-unit housing and office buildings. We are keeping track of those bills as they are introduced and following their progress here.

Maryland

UPDATED 02/16/18 10:00 AM
SB 177Electric Vehicle Recharging Equipment Rebate Program and Electric Vehicle Excise Tax Credit – Fiscal Year 2017 Applicants

Establishing the Fiscal Year 2017 Electric Vehicle Recharging Equipment Rebate Program to provide rebates to individuals and entities that qualified for a rebate in fiscal year 2017 but did not receive it due to a limitation on the total amount of rebates to be issued in fiscal year 2017; limiting the rebate to applicants that applied for a rebate during fiscal year 2017; allowing a credit against the motor vehicle excise tax for certain qualified plug-in electric drive vehicles; etc.

Status: Hearing 1/30/18 at 1:30 PM – Budget and Taxation Hearing Video

HB 598Vehicle Laws – Plug-In Electric Drive Vehicles – Reserved Parking Spaces

Prohibiting a person from stopping, standing, or parking a vehicle that is not a plug-in electric drive vehicle in a parking space that is designated for the use of plug-in electric drive vehicles; requiring that a parking space for the use of plug-in electric drive vehicles have green pavement markings; requiring that a parking space for the use of plug-in electric drive vehicles be counted as part of the overall number of parking spaces for certain purposes; establishing a civil penalty of $50 for a violation of the Act; etc.

Status: Hearing 2/15/18 at 1:00 PM – Environment and Transportation Hearing Video

HB 602Real Property – Installation and Use of Electric Vehicle Recharging Equipment

Providing that certain provisions of a recorded covenant or restriction, a declaration, or the bylaws or rules of a condominium or homeowners association are void and unenforceable; establishing certain requirements and procedures relating to an application to the governing body of a condominium or homeowners association to install or use electric vehicle recharging equipment; requiring certain owners of electric vehicle recharging equipment to be responsible for certain costs and disclosures; etc.

Status: 2/15/18 Unfavorable Report by Environment and Transportation Hearing Video

HB 714Vehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid Vehicles

Extending the termination date to September 30, 2022, for certain provisions of law authorizing certain hybrid vehicles to use a certain high occupancy vehicle (HOV) lane regardless of the number of passengers under certain circumstances; extending the termination date to September 30, 2022 for certain provisions of law making certain requirements regarding the use of HOV lanes by plug-in electric drive vehicles applicable to qualified hybrid vehicles; etc.

Status: Hearing 2/22/18 at 1:00 PM – Environment and Transportation

SB 751 cross-file of HB 714 – Vehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid Vehicles
Status: Hearing 2/27/18 at 1:00 PM – Judicial Proceedings

Virginia

UPDATED 02/11/18 9:30 PM
HB 469Electric vehicle; establishes tax credit on purchase or lease price.

Electric vehicle tax credit. Establishes for taxable years beginning on and after January 1, 2018, a tax credit in the amount of 10 percent of the purchase or lease price of an electric vehicle. The bill defines “electric vehicle” and provides that the credit is nonrefundable, may be carried forward for three years, and shall not exceed $3,500 per taxpayer. The bill requires the Department of Taxation to cease issuing tax credits for electric vehicles when 20 percent of vehicles registered in Virginia are electric or in taxable year 2023, whichever is sooner.

Status: 02/02/18 House: Subcommittee recommends passing by indefinitely (likely dead)

HB 922Electric vehicle charging stations; local and public operation.

Authorizes any locality or public institution of higher education, or the Department of Conservation and Recreation, to locate and operate a retail fee-based electric vehicle charging station on property such entity owns or leases. The bill requires that the use of a retail fee-based electric vehicle charging station on property owned or leased by a locality be restricted to employees of the locality and authorized visitors and that such station be accompanied by appropriate signage that provides reasonable notice of such restriction. The bill exempts such a locality, public institution of higher education, or the Department of Conservation and Recreation from being considered a public utility solely because of the sale of electric vehicle charging service or the ownership or operation of an electric vehicle charging station and further exempts such service from constituting the retail sale of electricity.

Status: 02/12/18 passed House (100-Y 0-N) Read More …

Maryland Bill to Fix Past EV Tax Credit Funding Gap

Maryland Capitol
Electric vehicle buyers in Maryland that missed out on getting a state excise tax credit in fiscal year 2017 because the program had depleted its funds, may get that money after all if a bill sponsored by Senator Roger Manno passes.

Maryland SB177 would allow a credit against the excise tax imposed for a plug–in electric vehicle if an application for the credit was filed during fiscal year 2017 (7/1/2016 to 6/30/2017) but the credit was not allowed due to a limitation on the total amount of credits that may be allowed each fiscal year.

The funds devoted to the Maryland Electric Vehicle Excise Tax Credit program have usually been depleted before the end of recent fiscal years. Funds for fiscal year 2017 were depleted by September, 2016. Normally, the tax credits would be applied retroactively when funds were released at the beginning of the next fiscal year.
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Update on Virginia Charging Station Bill HB922 by Del. David Bulova

Manassas City EV Charging

We reached out to Virginia Delegate David Bulova of Fairfax County who has introduced bill HB922 that would give authority required under Dillon’s Rule to enable local governments, state universities, community colleges, and parks to operate retail fee-based electric vehicle charging stations. It also exempts localities that own or operate fee-based EV charging stations from being considered a public utility or service company under Virginia regulations.

As introduced, Virginia HB922 would require the charging stations to be restricted to employees and authorized visitors only. However, that restriction could be removed from the bill according to the sponsor. HB922 would amend a law passed in 2017 that gives authority to school boards to operate retail fee-based EV charging stations on their property. § 22.1-131.

We had a few questions that we posed to Delegate Bulova who kindly responded. His answers are highlighted in red below.

Questions and Answers On HB922 with Delegate Bulova

1. Is this bill simply to give enabling authority to localities to install fee-based EV charging stations pursuant to the Dillon Rule or is there another purpose or purposes?

Correct, because of the Dillon Rule, local governments need authorization from the General Assembly to install fee-based EV charging stations. This bill not only provides this authority to local governments, but also state universities, community colleges, and parks.
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Virginia EV Charging Station Bill Introduced – HB922

City of Manassas, VA EV charging station
City of Manassas, VA EV charging station. photo: @Lanny

Electric vehicle charging stations; local and public operation. Virginia HB922

Virginia Delegate David Bulova of Fairfax County has introduced a bill in the 2018 Virginia General Assembly that would authorize any locality, state park or public institution of higher learning to operate retail fee-based electric vehicle charging stations on their property.

If passed, Virginia HB922 would require the fee-based charging stations at those locations to have signs that restrict their use to employees and authorized visitors only.

HB922 would exempt the affected public institutions that own or operate EV charging stations from being considered a public utility or service company under Virginia regulations. Read More …

Virginia EV Tax Credit Proposed – Up to $3,500

Del. David Reid of Loudoun County will introduce House Bill 469 when the 2018 session of the Virginia General Assembly opens on Wednesday, January 10 in Richmond.

Virginia bill HB469 would establish a tax credit of 10 percent of the price of an electric vehicle purchase or lease. The credit is not to exceed $3,500 per taxpayer. If the credit exceeds the taxpayer’s tax liability for the taxable year, the unused credit may be carried forward for up to three years.

The state EV tax credits would remain in effect until 20 percent of vehicles registered in Virginia are electric or taxable year 2023, whichever occurs first. Read More …

Philadelphia Forms Electric Vehicle Policy Task Force


Philadelphia Mayor Jim Kenney and City Council have formed the Electric Vehicle Policy Task Force, a panel that will guide future policy on electric vehicles and EV charging in Philadelphia.

“EVs are becoming progressively more common in Philadelphia, but increased EV use raises many complex questions,” said Michael Carroll, Deputy Managing Director for Transportation and Infrastructure Systems. “Drawing from a broad and diverse range of stakeholders, this task force will ensure that all perspectives are heard and that realistic, workable policies are set.”

The EV Policy Task Force is working to develop potential solutions and make policy recommendations to encourage electric vehicles as part of the City’s wider multimodal transportation strategy that encourages transit, walking and bicycling.

“I look forward to working with this Task Force to improve the City’s policies for EV usage,” said Councilman David Oh, a member of the Task Force. “I’m confident we can identify and implement policy best practices and infrastructure solutions that will encourage EV ownership while still safeguarding the needs of others.”

Another Task Force member, Councilman Mark Squilla, commented, “Establishing the Task Force with a broad array of perspectives is an important first step in the effort to create an EV policy that will work for all Philadelphians in the years to come.” Read More …

Special Sign Needed to Enforce Rhode Island Anti-ICEing Law

Rhode Island Governor Gina Raimondo signed an “anti-ICEing” bill into law on Tuesday, July 18, 2017. Bill H6302 prohibits a vehicle from occupying a specially designated parking space at an EV charging station unless it is connected to the charging equipment.

In order to be enforceable, the charging space must be indicated with a sign identifying it as an electric vehicle charging station only for electric vehicle charging along with an indication that it is subject to a parking violation. The law will be enforceable on public and private property as applicable but only where designated by signage meeting all the specified requirements.

The penalty is a fine of $85.00 and the law goes into effect immediately.

Rhode Islanders who want to see this law enforced should contact the property managers at EV charging station sites and ask them to post the required signs. It would be a good idea to suggest that the property manager consult with the local police department before ordering signs to ensure the content and design meet the required standards needed for enforcement of §31-21-18 of the General Laws of Rhode Island.
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West Virginia Enacts $200 Annual Fee for Electric Vehicles

credit: Office of Gov. Jim Justice

West Virginia Governor Jim Justice signed a road funding bill on Thursday that includes new fees on electric and hybrid vehicles. SB1006, which passed the legislature last week, will impose additional annual registration fees of $200 on all-electric vehicles and $100 on hybrids. The new law goes into effect on July 1, 2017.

A total of 111 all-electric and 328 plug-in hybrid vehicles have been sold in West Virginia since 2011 according to data from the Auto Alliance. Read More …

Anti-ICEing Ordinance Proposed in Jersey City, NJ


Public Hearing Scheduled for June 28, 2017

The Jersey City, New Jersey City Council has proposed an ordinance that would make it unlawful to block a specifically designated EV parking space or charging station with a non-electric vehicle or to occupy a charging space with an EV unless it is actively charging.

The proposed City Ordinance 17-075 [PDF link] was introduced at the June 14, 2017 Council Meeting and it also defines certain terms related to electric vehicle charging for purposes of the Code and it requires specific information to be placed on the signs at EV parking/charging spaces in order to be enforceable.

City Ordinance 17-075, portions excerpted below, would authorize towing as well as a fine for violations occurring on a street, alley or City parking facility. Read More …