Change Comes After New Weights and Measures Rules Take Effect
In an earlier post, I examined whether Tesla’s congestion fee structure complied with new Maryland legislation signed by the Governor on April 28, 2026.
The legislation, which took effect July 1, 2026, added method-of-sale rules for EVSE to Maryland’s Weights and Measures statute.
The statute says that electricity sold at charging stations shall be measured and sold in units of kilowatt-hours and that during a charging session, a customer may be charged only for the kilowatt-hours of electricity dispensed during the charging session.
It also says that in addition to the price charged for the sale of electricity, the EVSE operator may charge a fee for services related to the retail sale of electricity as a vehicle fuel. That fee may be a fixed fee or assessed based on length of time, and may be applied only at the conclusion of a charging session and shall be itemized on the customer’s receipt.
According to Tesla’s website, congestion fees apply when a Supercharger site is busy and a vehicle’s charge level is above 80% or charging is complete. Unlike traditional idling fees, which begin once charging stops, Tesla’s congestion fees have applied while the vehicle is still drawing power. Accruing time-based fees of any kind before the charging stops did not appear to comply with the new law.
I anticipated that one of three things would occur after the law took effect: Tesla would restructure the congestion fee at Maryland Supercharger locations to trigger only after the session ends, Tesla would stop assessing congestion fees at Maryland sites altogether, or Tesla would wait to see whether Maryland Weights and Measures treated it as an enforceable violation.
There is now evidence of a change to Tesla’s congestion fees that appears to apply only to Maryland, suggesting a direct response to the new law.
Below is the complete set of public comments released by the Maryland Department of Agriculture in response to a Maryland Public Information Act (MPIA) request I filed on July 2, 2026. The request asked for all comments submitted on the proposed EVSE Weights and Measures fee regulation changes.
The agency’s response contained 53 files. It included two copies of the Fair Charge Alliance comments but did not include a file with my own comments. Those comments are linked after the list for reference.
UPDATE: 2026/07/28 MDA was asked about missing files including mine and one other comment by name. They sent two more files, mine and that other commenter’s which have now been added in the list below.
You can browse, search, and download the individual documents in the viewer below.
Comments of Lanny Hartmann not included in the [original] MPIA response are in this PDF file.
Maryland officials committed to a formal public hearing. They never held one. Here is how it all went wrong.
Today — June 29, 2026 — is the final day to submit written comments on the Maryland Department of Agriculture’s proposal to lower the annual registration fee for EV chargers after backlash when it was set at $150. In reality, it’s a done deal. Commercial chargers in Maryland need to be registered and paid up by July 1st. MDA was successful in getting an emergency regulation through that temporarily sets the new fee while the timeline for the regular amendment plays out.
I composed a letter of comment, knowing full well that it is a quixotic exercise. I’ve been involved with EV policy as a citizen advocate for more than a decade. I’ve seen how the sausage gets made and it’s often not pretty. It’s a process, nonetheless and I’ve generally felt like I was a genuine participant, even when the outcome was disappointing. But this time is different. I still can’t fully pinpoint it. Maybe it’s watching a commitment made to stakeholders simply vanish that gnaws at me. Or maybe it’s that I trusted a process that, in reality, isn’t there for us.
On June 5, 2026, I filed the following letter with the Maryland Public Service Commission documenting the latest in a series of reliability failures at the BGE-owned DC fast chargers at BWI Airport, including a reported network disruption that left all ten chargers offline on June 4.
Re: Case No. 9478 – Recurring Reliability Failures at BWI Airport BGE Fast Chargers and Reported SWTCH Network Disruption
Dear Mr. Johnston,
I am filing this update regarding the ongoing reliability failures with BGE-owned DC fast chargers at BWI Airport and a reported SWTCH network disruption that, according to a customer service representative, affected a large sector of the network on June 4.
Background
This is not my first filing on this matter. On July 31, 2025 (ML 320870), I reported a safety hazard and numerous non-operational chargers at BWI to the Commission. On October 27, 2025 (ML 323675), I reported a SWTCH network outage that, according to a customer service representative I spoke with at the time, affected approximately 4,000 chargers across the network. On January 29, 2026 (ML 326644), I reported that 9 of 10 fast chargers at the two BWI sites were out of service during a period of extreme cold when we particularly need public charging.
BGE’s March 12, 2026 response, relayed through the Commission, reported that all Cell Phone Lot stations had been repaired by February 3 and that the Rideshare Lot stations had been repaired that same week, with the exception of station E1188/E1189, which required a power module rebuild. Parts had been received but repairs had been delayed by weather conditions. BGE reported that as of March 12, the Rideshare Lot had 4 of 6 stations operational and the Cell Phone Lot had 3 of 4 online, with two additional stations, E1190 at the Rideshare Lot and E1038/E1039 at the Cell Phone Lot, placed back under repair in early March due to unsuccessful charging sessions.
I also note that the BWI chargers are located on MDOT property and that reliability concerns at these sites were raised at the May 20, 2026 ZEEVIC meeting by ZEEVIC member Paul Verchinski, who noted that four of the ten chargers were offline or under repair as of that date. By May 28, 2026, seven of the ten chargers across both sites were under repair. On May 28, 2026, I recorded a video at the BWI Cell Phone Lot documenting that all four units had blank screens and were non-functional. That video is available at https://youtu.be/ZqutUXlZyN8 and is submitted as part of the record of this ongoing pattern of failures.
Current Status
As of approximately 1:30 PM on June 4, 2026, all ten BGE-owned fast chargers at BWI Airport were reported as under repair or offline. This includes all six at the Rideshare Staging Lot and all four at the Cell Phone Lot. Screenshots from the SWTCH app documenting the status of all ten chargers are attached as Exhibit A.
I called SWTCH customer support to confirm the status. A representative indicated that a large sector of the SWTCH network was down. I was unable to independently confirm the full scope of the disruption or whether RFID cards remained functional at affected stations.
The Pattern
BGE’s March 2026 response reported that the chargers affected by the January outage had been repaired, yet by early March two stations had already been placed back under repair due to unsuccessful charging sessions. On June 4, all ten chargers were offline again, this time coinciding with a reported SWTCH network disruption. This is not an isolated incident. The record in this docket documents repeated, substantial reliability failures at the BWI sites going back to at least July 2025.
BWI Airport is one of the most heavily utilized charging sites in the BGE network, serving rideshare drivers, airport patrons, and the general public. These drivers cannot easily divert to alternative locations, particularly rideshare drivers whose apps use geofencing that removes them from the passenger queue if they leave the lot to charge elsewhere.
I respectfully request that the Commission ask BGE to provide:
An updated status report on both BWI sites including station E1188/E1189, which BGE indicated in March required parts that had already been procured and was pending suitable weather for repair.
A root cause explanation for the June 4 outage, including whether it is attributable to the reported SWTCH network disruption, and what steps BGE and SWTCH are taking to prevent or mitigate the impact of future network disruptions. This is the second reported network-level disruption affecting utility-owned charging infrastructure that I am aware of, the first having been cited in my October 27, 2025 filing (ML 323675).
An explanation of what process BGE has in place to restore entire sites that go offline due to causes such as circuit breaker interruptions, and what the expected timeline is for restoring service when a physical site visit is required.
The Commission has been monitoring BGE’s quarterly reliability reports and received BGE’s assurances of improvement. Recent events including the May 28 and June 4 situations suggest those assurances have not translated into durable reliability at the BWI Airport sites.
Public Information Act Request Reveals Weights and Measures Funding Agreement
A signed Memorandum of Understanding obtained through a Public Information Act request reveals that the Maryland Energy Administration has committed up to $900,000 from the Maryland Strategic Energy Investment Fund to cover the startup costs of the Maryland Department of Agriculture’s EVSE Weights and Measures inspection, testing, and reporting program. Based on the MOU’s terms, an upfront disbursement of $511,876 for equipment and supplies may already have been transferred to MDA.
Maryland Governor Wes Moore signed companion bills SB649 and HB969 into law yesterday. The legislation, which becomes effective on July 1, 2026, is supposed to establish a uniform method of sale for electricity at public charging stations. Contained within the language of the bills is a provision that appears to directly conflict with how Tesla assesses congestion fees at busy Supercharger locations.
How Supercharger Congestion Fee Works
According to Tesla, congestion fees apply when a Supercharger site is busy and a vehicle’s battery reaches 80% state of charge. At that point, the driver is notified and a congestion fee, typically $0.50 per minute, begins accruing. If the driver unplugs within five minutes, the fee is waived.
Unlike idling fees, which usually begin once charging stops, Tesla’s congestion fees kick in while the vehicle is still drawing power. The idea is to encourage drivers to vacate the charging space when charging speed has dropped significantly, which happens at around 80%.
Fees could take effect under emergency authority before public comments are due.
The Moore Administration announced yesterday that it plans to use Maryland’s Strategic Energy Investment Fund to cut in half the cost of registering electric vehicle chargers with the state’s Weights and Measures program. SEIF is funded by Maryland utilities, therefore ratepayers, and was created to support renewable energy and reduce greenhouse gas emissions. In recent years it has become a go-to source for plugging state budget gaps. Now MDA wants a piece of it too.
Secretary Kevin Atticks told about 65 stakeholders on a Zoom call yesterday morning that MDA will file emergency regulations today reducing the annual per-port EVSE registration fee from $150 to $75. The other $75 will come from SEIF through an agreement with the Maryland Energy Administration. A current MOU covers $900,000 for equipment, staffing, and training. A second agreement covering five more years of ongoing program costs is still being negotiated. The total public commitment was not disclosed.
The emergency regulations, if approved by AELR, would take effect May 15 and remain in place for up to 180 days. Atticks described the purpose as giving industry confidence to register at the $75 fee before the July 1 deadline. At the same time, a standard regulatory proposal with the same language will be filed. This standard proposed action will open for a 30-day public comment period on May 15.
Whatever public comments produce, the $75 fee will have been in place, invoices will have gone out, and the program will be running. At that point, changing course based on public input will have much more resistance. Comments that arrive after the fact carry less weight than comments that arrive before the decision is made. That is the whole point of a comment period, and it is what the emergency action skips.
The peak price for Tesla owners at the Bel Air, MD – Tobin Crossing Supercharger is $0.41/kWh as of April 9, 2026
Tesla revised its Supercharger prices around April 9, 2026. This price update resulted in mostly increases across the state, with some stations having slight price decreases during off-peak hours. On average, the peak price for Tesla owners or drivers of other vehicles who pay the monthly membership fee increased by about three cents from $0.40 to $0.43 per kWh. See the interactive table below to see the April 9, 2026 price changes at Maryland Supercharging locations.
Tesla’s Supercharger Pricing
Tesla’s Supercharger pricing model was originally a single flat rate per kWh that applied 24/7 but varied by location. However, this approach evolved with the introduction of variable time of use pricing, which is now used at nearly 75% of Maryland Supercharger sites. This helps to balance daily station utilization by incentivizing usage during less busy periods by offering lower prices during those times. This also helps to ease queues of drivers waiting to charge which leads to a better experience.
Tesla’s stated goal is to keep Supercharger operating costs low by incorporating efficiencies of scale and optimizing utilization. These cost savings can be passed on to customers. Tesla’s operational efficiencies and time of use price incentives helps to sustain investment in expanding the Supercharger network as well as maintain reliable charging.
If you want to learn the truth in the world, you’ve got to get out in it. We’ve just returned from a 4,200 mile EV roadtrip through the south eastern United States where we stopped at 130 charging stations.
There is no greater touchstone for ground truth in America than a visit to a Waffle House. FEMA uses the number of their restaurants that are able to remain open – “The Waffle House Index” – as an unofficial metric to assess disaster severity.
Gazing at the Waffle House menu for a late dinner while our car charged nearby, I noticed these words at the top, “prices include sales tax.” If Waffle House can do it, and gas stations do it, why can’t EV charging providers state their prices inclusive of all taxes? This inspired me to post a proposal for “the Waffle House Rule” on EV charging prices. Include the taxes in the advertised per kWh price.
The previous day, I had stopped at a fast charger that is owned and operated by Florida Power and Light. The Florida Public Service Commission had recently granted the utility a price increase from $0.32/kWh to $0.45/kWh at FPL owned fast chargers. When I charged at an FPL charger last week, my total bill for 10 kWh was not $4.50, but $5.80 after taxes and fees.
House Bill 969, the Electric Vehicle Fuel Sold at Retail bill sponsored by Delegate Nick Allen, passed the Maryland House of Delegates today on third reading following amendments adopted last week in the Agriculture and Aquaculture Subcommittee. The bill now moves to the Senate, where the companion bill, SB 649, did not advance before crossover.
What the bill does
As amended, HB 969 requires owners of EV charging equipment to display contact information for a responsible local party, requires that electricity be sold in kilowatt-hour units, limits charges to kilowatt-hours actually dispensed during a session, allows ancillary fees applied at the conclusion of a session, and requires those fees to be itemized on the customer’s receipt.
Opposition that was not acknowledged
During floor debate ahead of the vote, Delegate Christopher Adams of the Eastern Shore asked the bill’s floor leader, Delegate Natalie Ziegler, whether there had been any opposition to the bill as amended. Delegate Ziegler replied that she was not aware of any.
