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


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.

2018 Bill Tracker

Bill No.StateSummaryRecent ActionStatusUpdatedDetails
CB76-2018Howard County“EV Ready” OrdinanceUnder ConsiderationActive10/19/2018AN ACT to require infrastructure for and charging stations for electric vehicles in certain new
residential structures.
S.3582US SenateTo amend the Internal Revenue Code of 1986 to establish a new phaseout of the credit for plug-in electric drive motor vehicles.Referred to the Committee on Finance.Active10/19/2018Eliminates the per manufacturer cap, allowing manufacturers and dealers to offer the credit until 2022.
S.3559US SenateTo amend the Internal Revenue Code of 1986 to terminate the credit for new qualified plug-in electric drive motor vehicles and to provide for a Federal Highway user fee on alternative fuel vehicles.Referred to the Committee on Finance.Active10/19/2018Eliminates the tax credit for new qualified plug-in electric drive motor vehicles and to provides for a Federal Highway user fee on alternative fuel vehicles.
S.3449US SenateTo amend the Internal Revenue Code of 1986 to extend certain tax credits related to electric cars, and for other purposes.Referred to the Committee on Finance.Active10/19/2018Eliminates the per manufacturer cap, allowing manufacturers and dealers to offer the credit to an unlimited number of buyers for the next 10 years. Allows buyers to receive the credit immediately at the point of sale rather than having to wait until they file their annual income tax return as required under current law. Provides a tax credit to purchasers of electric vehicle charging stations.
H.R.6274US HouseTo amend the Internal Revenue Code of 1986 to extend certain tax credits related to electric cars, and for other purposes.Referred to the House Committee on Ways and Means.Active10/19/2018Eliminates the per manufacturer cap, allowing manufacturers and dealers to offer the credit to an unlimited number of buyers for the next 10 years. Allows buyers to receive the credit immediately at the point of sale rather than having to wait until they file their annual income tax return as required under current law. Provides a tax credit to purchasers of electric vehicle charging stations.
HR-117CaliforniaPlug-In Electric Vehicle Driver Bill of Rights.Referred to Committee on Transportation on 07/02/18.Dead09/08/2018Resolved by the Assembly of the State of California, That the following is established as the Plug-In Electric Vehicle Driver Bill of Rights:
SB-1000CaliforniaTransportation electrification: electric vehicle charging infrastructure.Signed by the Governor on 09/13/18.Passed09/08/2018This bill requires the California Energy Commission (CEC) to evaluate the extent to which charging infrastructure is proportionately deployed and use funds to more proportionately deploy electric vehicle (EV) chargers as needed; prohibits cities and counties from restricting EV charging access, and requires the California Public Utilities Commission (CPUC) to explore facilitating the development of technologies related to charging.
HB 5530ConnecticutAn Act Concerning Illegal Parking at a Public Electric Vehicle Charging StationPublic Hearing 03/19/18Dead07/30/2018To establish that illegal parking at a public electric vehicle charging station is punishable as an infraction.
SB 481ConnecticutAn Act Concerning the Unauthorized Use of Electric Vehicle Parking SpacesPublic Hearing 03/16/18Dead07/30/2018To impose a fine on persons who park illegally in electric vehicle parking spaces.
SB18-047ColoradoRepeal Tax Credits Innovative VehiclesHouse Committee on Transportation & Energy Postpone IndefinitelyDead05/18/2018The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2019.
SB 177MarylandElectric Vehicle Recharging Equipment Rebate Program and Electric Vehicle Excise Tax Credit – Fiscal Year 2017 ApplicantsPassed Senate (46-0), No Action Taken in House Rules and Executive NominationsDead04/10/2018Establishing 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.
HB 598MarylandVehicle Laws – Plug-In Electric Drive Vehicles – Reserved Parking SpacesUnfavorable Report by Environment and TransportationFailed03/02/2018Prohibiting 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.
HB 602MarylandReal Property – Installation and Use of Electric Vehicle Recharging EquipmentUnfavorable Report by Environment and TransportationFailed02/15/2018Providing 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.
HB 714MarylandVehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid VehiclesPassed House, passed SenatePassed04/05/2018Extending 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.
SB 751MarylandVehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid Vehicles (cross-file of HB 714)Third Reading Passed (44-1)HB71403/14/2018cross-file of HB 714
HB 469VirginiaElectric vehicle; establishes tax credit on purchase or lease price.House: Subcommittee recommends passing by indefinitely (likely dead)Dead02/11/2018Electric 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.
HB 922VirginiaElectric vehicle charging stations; local and public operation.Passed House (100-Y 0-N)Passed02/12/2018Authorizes 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.
SB 908VirginiaElectric vehicle charging stations; local and public operation.Passed Senate (39-Y 0-N)Passed02/09/2018cross-filed with HB 922
B22-0096DCElectric Vehicle Public Infrastructure Expansion Amendment Act of 2018.CC: Final Reading PassedPassed01/21/2018BILL SUMMARY – As introduced, this bill establishes the Electric Vehicle Charging Station Pilot Program which will place at least 15 publically-available electric vehicle charging stations in the District by January 1, 2019. The bill requires DDOT to transmit a publicly-available report to the Council regarding the results of the program and issuing recommendations based on its findings by July 1, 2019.
17O1654Atlanta“EV Ready” Ordinance

Atlanta City Council: Adopted Substitute as AmendedPassed11/21/2017Atlanta EV Readiness Ordinance 17-O-1654. Electric Vehicle Charging Infrastructure Readiness Requirement for New Commercial Construction and New Residential Construction.

United States Congress

UPDATED 7/12/18 8:30 AM
H.R. 6274To amend the Internal Revenue Code of 1986 to extend certain tax credits related to electric cars, and for other purposes.

Eliminates the per manufacturer cap, allowing manufacturers and dealers to offer the credit to an unlimited number of buyers for the next 10 years. Allows buyers to receive the credit immediately at the point of sale rather than having to wait until they file their annual income tax return as required under current law. Provides a tax credit to purchasers of electric vehicle charging stations.

Status: 6/28/18 Referred to the House Committee on Ways and Means.

Maryland

UPDATED 4/10/18 12:30 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: 4/4/18 Passed Senate (46-0), No Action Taken in House Rules and Executive Nominations 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: 3/2/18 Unfavorable Report by 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: 04/05/18: passed House, passed Senate Hearing Video

SB 751 cross-file of HB 714 – Vehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid Vehicles
Status: 3/14/18 Third Reading Passed (44-1) Hearing Video

Virginia

UPDATED 2/11/18 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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Electrify America EV Infrastructure Update – January 2018

EVgo Electrify America
On June 22, 2017, Electrify America announced that they had installed their first EV charging stations at eight locations in the Washington, DC area. These dual-port CCS/CHAdeMO chargers were upgrades to existing stations in Maryland and Virginia placed in cooperation with EVgo.

Electrify America was set up by Volkswagen to fund and administer a planned $2 billion investment in electric vehicle infrastructure and awareness projects as part of settlements with the U.S. Environmental Protection Agency and California Air Resources Board over allegations of cheating on its diesel vehicle emissions tests.

Electrify America Chargers 2017
The June announcement stated that 50 stations were to open in 10 cities by September. To date, 32 stations have been installed in five cities with one more to be finished soon according to figures supplied to PlugInSites by Electrify America.

These 33 fast chargers will complete this stage of the project instead of the planned 50.
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Blink Charging Co. Files for Public Offering

Blink Charging Company SEC
Blink Charging Company has filed a registration statement (Form S-1) with the Securities and Exchange Commission for a public offering. The Registration Statement was filed with the SEC on January 11, 2018.

Blink’s stock is presently quoted on the OTC Pink Current Information Marketplace under the symbol “CCGI”. According to the SEC filing, Blink’s common stock was quoted as $5.25 on January 10, 2018. They have applied to be listed on The NASDAQ under the symbol “BLNK”.
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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 …

ChargePoint v. SemaConnect Lawsuit Moving Quickly

CP v SC Court Doc

A federal judge in Baltimore has formally denied a request from ChargePoint for a temporary restraining order that would have prevented a competing EV charging company, SemaConnect, from selling equipment while a patent infringement claim is pursued.

ChargePoint Emergency Request Denied

ChargePoint claims in court documents that SemaConnect is infringing on a number of U. S. patents that they own. At a hearing on December, 22, 2017, ChargePoint asked United States District Judge, Marvin J. Garbis, of the U. S. District Court in Baltimore for Emergency Injunctive Relief. They told the judge that “irreparable harm” was being caused by a contract SemaConnect won to install approximately 1,400 charging stations for VW subsidiary Electrify America.

In a written memorandum and order issued on Thursday, December 28, 2017, Judge Garbis wrote, “the Court shall DENY Plaintiff’s motion.”

The memorandum also said that the defendant,  SemaConnect, will be allowed to file a motion to dismiss using the defense that the patents are invalid under the so-called “Alice test.” The judge stated that the motion to dismiss based on invalidity would be promptly resolved. If SemaConnect’s motion to dismiss is denied, Judge Garbis wrote that he intended to move the process quickly with a scheduling order for expedited discovery and trial.
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Maryland Solar EV Charging Grants Awarded

Solar Canopy EV charging station

The Maryland Energy Administration announced the recipients of their Solar Canopy with Electric Vehicle Charger Program grants for Fiscal Year 2018.

The MEA parking lot PV/EV program took applications from businesses, non-profits, state agencies and local governments for funding of up to $200,000 per project. To be eligible for the grant, plans must include at least 75 kW of solar PV panels mounted to a canopy structure over a parking lot and at least four Level 2 charging stations or DC Fast Chargers. The solar canopies must also be located on parking lots that are in use at least five days per week.

Solar Canopy with 20 Electric Vehicle Charging Stations


Nine grants are being awarded in the MEA parking lot PV/EV Program. One of the recipients, McCormick and Company will install a 744-kilowatt solar canopy at their new headquarters in Baltimore. The McCormick project plans to include 20 EV charging stations, which is the greatest number of EV charging stations for an individual MEA grant supported solar canopy in the history of the program.

Mary Beth Tung, Director of the Maryland Energy Administration said, “This program was carefully crafted to combine clean energy generation, and expand EV charging options for drivers.” The 2018 grantees have the potential to supply 6,000 kilowatts of renewable solar power, and add 60 new EV charging stations to Maryland’s charging infrastructure.

The MEA solar canopy grant program began in 2014 and has helped to fund 25 projects to date. Funding for the grants will come from the Strategic Energy Investment Fund, which was created from public auctions of carbon credits through the Regional Greenhouse Gas Initiative.

The Grant Agreement Execution Deadline is January 5, 2018. All projects must be completed and operating by November 16, 2018. One of the awardees was Charles County which had submitted plans for Solar City/Tesla Energy to build a 1,741 kW solar canopy and four EV charging stations at the Charles County Administration Building in La Plata, MD. Read More …