Virginia EV Rebate Legislation Proposed in 2021

Virginia EV Tax Credit

Virginia House Bill 1979

Virginia Delegate David Reid of Loudoun County is proposing a rebate for Virginians who buy or lease an electric vehicle. The legislation will be introduced when the Virginia General Assembly convenes on January 13, 2021.

Used Vehicles Would Qualify

HB 1979 proposes that an individual who buys or leases a new or used electric motor vehicle from a dealer in Virginia and registers the vehicle in Virginia would be eligible for a $2,500 rebate. An additional $2,000 rebate would be available for certain income qualified individuals.

For the purposes of the rebate program, an electric motor vehicle “means a motor vehicle that uses electricity as its only source of motive power. ‘Electric motor vehicle’ includes fuel cell electric vehicles.”

UPDATE: I reached out to Delegate Reid to clarify if the bill would include incentives for plug-in hybrid electric vehicles (PHEVs). He explained that right now, it does not include PHEVs or fleet vehicles. The reason being that there is a limited amount of money to get started with and they were looking for where the program could be scaled back in a way that they can achieve the environmental benefits of being able to get carbon out of the transportation sector in a manner that would provide the most bang for the buck. Given the budget constraints of the moment, the program is designed to begin by focusing just on battery electric vehicles.

Delegate Reid says he wants to be able to get consumers familiar with the idea that electric vehicles are a viable alternative for basic transportation. In the future, once the program moves forward and other sources of revenue are identified to fund the program, they can add plug-in hybrids, fleet vehicles and more.

Summary as Introduced

Electric vehicle rebate program; creation and funding; report. Creates a rebate program for the purchase or lease of new and used electric vehicles, to be administered by the Department of Mines, Minerals and Energy. A purchaser or lessee of an electric vehicle would receive a $2,500 rebate at the time of purchase, and a purchaser or lessee with an annual household income that does not exceed 300 percent of the federal poverty level would be entitled to an additional $2,000 rebate. The motor vehicle dealer where the vehicle is purchased or leased would receive a refund for the amount of the rebate and a $50 incentive payment for each rebate processed. Funds would be allocated from the revenues generated by the sunset of the Virginia Coal Employment and Production Incentive Tax Credit and the Coalfield employment enhancement tax credit and prohibit the allocation of new credits on and after January 1, 2021. The bill also establishes an Electric Vehicle Rebate Advisory Council to oversee the Electric Vehicle Rebate Program and to make recommendations regarding its implementation. The Director of the Department of Mines, Minerals and Energy is required to report annually to the Governor and the General Assembly regarding the Program. The Program will expire on September 1, 2026.

Summary of Virginia HB 1979 as introduced.
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Maryland EV Tax Credit Extension Proposed in Clean Cars Act of 2021

Tesla Sales Center

Marylanders who purchased a plug-in electric vehicle since funds were depleted for the $3,000 state excise tax credit have been waiting to see if the legislature will reauthorize funding for the program. Purchasers were encouraged to file a form to reserve a place in the queue if and when additional funding is authorized.

There’s potential good news for those waiting on a Maryland EV tax rebate from a previous purchase and those considering buying an electric car in the future. The Clean Cars Act of 2021 (HB 44) proposes to extend and increase the funding for the Maryland electric vehicle excise tax credit. Annual funding would increase to as much as $26,000,000 through fiscal year 2023 under the proposal by Delegate David Fraser-Hidalgo.

The Clean Cars Act of 2017 authorized an excise tax credit on plug-in electric cars for three years, from July 1, 2017 to June 30, 2020 subject to available funding which was limited to a maximum amount for each fiscal year.

Funding Backlog

Funds for the Maryland excise tax credit usually ran out early and applications were then held until the next round of funding was released and paid in the order that applications were received by the MVA. Satisfying the ever growing backlog meant that each year’s funding would run out sooner than the last. In May, 2019, a month before the release of the FY 2020 funds, the entire $6 million allocated for the final year authorized by the legislation was already spoken for by applicants on the waitlist who had already purchased.

In January, 2020, the Clean Cars Act of 2020 was introduced to extend the program for another three years. It also proposed to increase the annual funding from $6,000,000 to $12,000,000. Unfortunately, the bill didn’t pass before the Maryland General Assembly adjourned early due to COVID-19. In effect, the backlog of EV buyers waiting for funding to receive a rebate check extends back to May, 2019 at this point.

Maryland Clean Cars Act of 2021

Under the proposed Clean Cars Act of 2021:

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Electric Vehicle Legislation Tracker – 2021

legislation current

PlugInSites is tracking the progress of 2021 EV legislation in Maryland, Virginia, West Virginia, New York as well as some bills from a few other states. Check back often and subscribe below.

2021 EV Related Bills

VAClean Car
HB1965✅ PassedState Air Pollution Control Board; low-emissions and zero-emissions vehicle program
SB1223✅ PassedAnalysis of EV charging infrastructure needed to support the 2045 net-zero carbon target in the transportation sector.
VAVehicle Wt. LimitsHB1850✅ PassedPassed House (98-0). Motor vehicle weight limits; vehicles powered primarily by electric battery power.
VASCC-ReportHB2282✅ PassedDirects the State Corporation Commission to report on policy proposals to accelerate transportation electrification.
VAEV Tax CreditHB1979✅ PassedElectric vehicle rebate program; creation and funding; report.
VAEV Grant FundHB2118✅ PassedElectric Vehicle Grant Fund and Program; creation; report.
VAEV School BusSB1380❌ FailedElectric utilities; electric school bus projects.
MDResidential ConstructionHB0784FWA Rpt by ENTRequiring a builder of new housing to provide buyer with the option to include EV charging on or in a garage, carport, or driveway.
MDComm EV InspectionsHB0250✅ HouseAltering the mileage at which certain zero-emission Class F (tractor) vehicles are required to have the vehicle inspected.
MDHOA/Condo ChargingHB0110
✅ HouseElectric Vehicle Recharging Equipment for Multifamily Units Act (Right-to-Charge)
MDTax Credit FundingSB0152Heard 1/19 FINMaryland Strategic Energy Investment Fund – Use of Funds and Electric Vehicle Excise Tax Credits
MDAnti-ICEingSB0315Heard 1/27 JPRProhibiting 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.
MDEV Tax CreditHB0044Heard 1/28 ENTExcise tax credit for electric vehicle purchases.
MDZEV Bus TransitionSB0137
Heard 1/28 EHEProhibiting, beginning in fiscal year 2023, the Maryland Transit Administration from purchasing buses for the Administration's State transit bus fleet that are not zero-emission buses
MDAnti-ICEingHB0480Heard 2/4 ENTProhibiting 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.
MDClimate CounselHB0030Heard 2/4 ECMEstablish the Office of Climate Counsel in the Maryland Public Service Commission and include the Climate Counsel on ZEEVIC.
MDZEV State FleetHB0592Heard 2/11 ENTProhibiting, beginning in fiscal year 2023, a State unit from entering into a contract to purchase or lease a vehicle for the State vehicle fleet that is not a zero-emission electric vehicle.
MDZEV Bus TransitionHB0334
Heard 2/12 ENTProhibiting, beginning in fiscal year 2023, the Maryland Transit Administration from purchasing buses for the Administration's State transit bus fleet that are not zero-emission buses
MDEV School BusHB0832Heard 2/18 ECMEstablishing the electric school bus pilot program
MDEV Charging ReimburseHB1098Heard 2/25 ENTRequiring State and local elected officials who use a State-owned EV charging station to charge a personal EV to reimburse the State for the electricity used.
MDHOA/Condo ChargingSB0144
Heard 2/26 JPRElectric Vehicle Recharging Equipment for Multifamily Units Act (Right-to-Charge)
PAEV ReadyHB0481
ActiveRequiring new nonresidential buildings to provide electrical service capacity for electric vehicles.
WVAnti-ICEingHB2732Ref to cmteEstablishing a penalty for any vehicle that is not a plug-in hybrid vehicle or plug-in electric vehicle for utilizing a parking space that is designated for charging an electric vehicle.
WVRepeal EV FeeSB0094ActiveRepealing additional registration fees for alternative fuel vehicles
WVRepeal EV FeeHB2223ActiveRepealing section of code authorizing additional registration fees for alternative fuel vehicles
WVRepeal Hybrid FeeHB2075ActiveRemoving the registration fee for a vehicle operating on a combination of electricity and petrochemical fuels
NJEV Charging PricingA5303ActiveProhibits timed-use and per-charge pricing, and excessive price increases, in sale of plug-in electric vehicle charging services.
NYZEV by 2035S2735
ActiveProvides that one hundred percent of in-state sales of new passenger cars and trucks shall be zero-emissions by 2035
NYFee ExemptionS05087ActiveExempts new clean fuel vehicles and vehicles that meet the clean vehicle standards from first year of registration fees.
NYSales Tax ExemptionS04476ActiveProvides an exemption for the sale of the first $35,000 of a battery, electric, or plug-in hybrid electric vehicle from state sales and compensating use taxes
NYZEVS04097ActiveDirects the commissioner of the department of environmental conservation to promulgate rules and regulations establishing targets for the sales of zero emissions medium and heavy duty vehicles.
NYAV Task ForceS03909ActiveRelates to establishing the New York task force on automated vehicle technology.
NYEV ReadyS00023ActiveRequires the construction of certain parking facilities to be capable of supporting electric vehicle charging stations
NYEV ReadyA00346ActiveRequires certain state owned and operated parking garages, open parking lots and other parking facilities to install and maintain charging stations for plug-in electric vehicles.
NYEV ReadyA03179ActiveRequires electric vehicle charging stations and electric vehicle capable parking spaces
NYEV ReadyA3435ActiveEV infrastructure at all new residential and commercial construction that has dedicated off-street parking.
NYEV ReadyS0370ActiveRequires state owned and operated parking facilities to install EV charging stations.
MAICEing FineHD.364Activesubject to a fine of $100 for a first offense and $200 for a second or subsequent offense.
CTEV Direct SalesSB0127ActiveTo permit electric vehicle manufacturers to sell electric vehicles directly to the consumer.
CTEV ReadyHB5640ActiveTo provide prewiring for solar power and electric vehicle charging stations for all new residential construction.
RIEV Ready & ICEing FineSB0173ActiveInstallation of EV charging stations - Designated parking spaces.
ILEV ReadyHB5640ActiveEV ready at new or renovated residential or nonresidential buildings.
INEV Charging PilotHB1385ActiveAuthorizes an electric utility to request approval from the IURC to implement a pilot program to operate EV charging infrastructure.
OHEV Charging GrantSB0032ActiveEstablish electric vehicle charging station grant rebate program.
OREV Charging in ParksHB2290ActiveEV charging stations in parking spaces at state parks.
WAPayment & InteroperabilitySB5192ActiveEV charging station payment rules and interoperability standards.
HIEV Charging EnforcementSB0756
ActiveAuthorizes the establishment of penalties for failure to make reasonable efforts to maintain EV charging stations in working order. Clarifies that certain enforcement officers may enter private property to enforce EV parking space violations.
MSEV Charging
Tax & Grants
HB1441ActiveTo impose a fee on motor vehicles charged at qualified alternative-fuel fueling stations in this state.

New York info provided by Long Island EVs

Maryland General Assembly – Jan. 13 to April 12, 2021

The 2021 Legislative Sessions in Maryland and Virginia will begin on January 13th. A number of electric vehicle related bills have already been pre-filed in Annapolis.

Maryland lawmakers have been encouraged to file legislation early for 2021 in order to be guaranteed a hearing. The 2020 session ended abruptly with the onset of the pandemic which stopped a lot of bills that would have passed otherwise. Legislation does not carry over from the previous session so all those bills must start from scratch like any others.

Nearly 800 bills have been pre-filed for the 90-day Maryland General Assembly which is scheduled to run until April 12, 2021. Normally about 200 bills are filed early and ultimately there are about 2,500 bills considered each year. There are six EV-related bills among the pre-filed legislation in Annapolis. The Clean Cars Act of 2021 for an EV tax credit (HB 44) has a hearing scheduled for January 28 in the House Environment and Transportation Committee.

Right-to-Charge and Other Bills Scheduled for a Hearing

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Maryland Zero Emission Electric Vehicle Infrastructure Council Releases 2020 Annual Report

page 9, ZEEVIC Annual Report 2020

This week, the Maryland Zero Emission Electric Vehicle Infrastructure Council (ZEEVIC) released their 2020 Annual Report.

Prescribed by the Maryland Clean Cars Act

Under the Maryland Clean Cars Act, the body is required to submit an annual report of the Council’s work and recommendations to the Governor and General Assembly by December 1st. This is to give the Governor and legislature time to study the information and prepare important Zero Emission Vehicle related bills for the lawmaking session which begins in January.

Formed as The Electric Vehicle Infrastructure Council (EVIC) in 2011

The Council was created by legislation introduced by Governor O’Malley in 2011 to coordinate integration of electric vehicles into Maryland communities and transportation system. It was originally called the Electric Vehicle Infrastructure Council (EVIC). EVIC included representatives of automobile manufacturers, dealers, charging equipment manufacturers, utility companies, electrical workers, state and local governments, energy and environmental experts.

Legislation sponsored by Governor Hogan in 2019 added representatives of the hydrogen fuel industry to the Council. The name was also changed to the Zero Emission Electric Vehicle Infrastructure Council. Maryland had set a goal of 60,000 EVs on the road by 2020 and 300,000 by 2025. The 2020 ZEEVIC Report noted that 26,672 Plug-in Electric Vehicles were registered in Maryland as of September 30, 2020.

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District of Columbia EV-Ready Bill

20% Make-Ready for Electric Vehicle Charging

DC EV-Ready

Washington, DC is moving forward with legislation to require “make-ready” infrastructure for the future installation of electric vehicle charging equipment in new and renovated commercial buildings and multi-unit dwellings.

The DC Council voted unanimously this week to approve B23-0193, the Electric Vehicle Readiness Amendment Act of 2019. The bill still faces a final vote before it is sent to Mayor Muriel Bowser.

The bill states that “all new construction or substantial improvement of commercial buildings and multi-unit buildings that have 3 or more off-road automobile parking spaces shall include electric vehicle make-ready infrastructure to accommodate the future installation of an electric vehicle charging site at at least 20% of the parking spaces.”

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Greenbelt, MD Rejects Free Fast Charging Proposal

Greenbelt Charger Fee

Idea to Help Local Businesses During Pandemic

A member of the Greenbelt, Maryland City Council proposed to waive the fee to use the DC Fast Charger by the Municipal Building in the Roosevelt Center at 25 Crescent Rd.

Mayor Pro Tem Emmett Jordan had recently received an email from staff informing the Council Members that the charging station, which had been broken for an extended period, was now fixed. Mr. Jordan realized that the charging station presented an opportunity to draw people into the Roosevelt Center to patronize the businesses that are feeling the economic impact of the current pandemic.

“If you look at the businesses in Roosevelt Center right now, they’re struggling. They’re having a really, really hard time.” Mr. Jordan said during last night’s City Council meeting. “I’d like to go ahead and waive the fees while the emergency is in place. Anything we can do to attract more people into Roosevelt Center, we need to do.”

The charger, which opened in August, 2017, was initially free to use. The City Council decided to initiate a fee which started in January, 2019. At the time, the Council felt that the free charging was being abused by commercial drivers and people who lived outside of Greenbelt. After the fee was implemented, usage fell precipitously. According to data obtained from the Maryland Energy Administration, there were only 27 charging sessions at the Greenbelt charger in the three months between April 1 and June 30, 2020. That was down from 1182 sessions in the same calendar period in 2018.

Source: Greenbelt usage data from Quarterly Reports submitted to MEA

Data to Guide Decision

In the discussion with his colleagues to convince them to vote to approve his proposal, Mr. Jordan noted, “If you look at surrounding municipalities – Hyattsville, Laurel – there are plenty of places where people can go to charge their cars now and that wasn’t the case maybe three years ago.”

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Baltimore City Considers Franchise Agreement with BGE for Public EV Charging Stations

BGE and the City of Baltimore are nearing an agreement to allow BGE-owned public charging stations to be installed at certain locations within the City. The Baltimore City Council introduced a bill this week that would grant a franchise to BGE to install and operate public charging stations on City rights-of-way and at certain park properties.

According to the 1st Reader text of Council Bill 20-0573 (copied below), the City would grant BGE a right to “install, operate, maintain, repair, replace, and remove electric vehicle charging stations at City-approved locations on City right-of-way and on Park Properties.” The initial term of the franchise is proposed to be one year with an automatic annual renewal for 25 years total.

Section 4 of the bill suggests that BGE shall pay Baltimore an unspecified franchise charge each year. The franchise charge can increase or decrease and the franchise can be cancelled by either party at the end of the initial or any renewal term.

The Maryland PSC Order No. 88997, issued on January 14, 2019, requires that utility-owned and operated charging stations must be located on property owned or controlled by state, county, or local governments.

Baltimore City Council assigned this bill to the Housing and Urban Affairs Committee.

Text of Baltimore City Council Bill 20-0573 1st Reader:

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Funds Available for Maryland Charging Station Rebates

Maryland EVSE Rebate

Maryland EVSE Rebate Program

Funding is available again, starting July 1, 2020, for the Electric Vehicle Supply Equipment (EVSE) Rebate Program administered by the Maryland Energy Administration (MEA). The Maryland EVSE Rebate is available to qualified individuals, non-profits, state or local governments, and businesses that install an electric vehicle charging station.

Eligible participants must apply for the rebate through the MEA. Rebates will be issued on a first-come, first-served basis until funding is depleted and is subject to the conditions of the program’s guidelines. The total amount of funding that is available for the fiscal year 2021 (July 1, 2020 to June 30, 2021) is $1,800,000.

The rebate amount for residential charging stations is 40% of the equipment purchase price and installation cost up to $700. Complete instructions on how to apply for the Maryland EVSE Rebate are located on the MEA Program page.

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Virginia Right-to-Charge Law is in Effect

Right-to-Charge Laws

Facilitates EV Charging for Condo and HOA Members

As of July 1, 2020, a Virginia Right-to-Charge law is in effect. This will make it easier to install an electric vehicle charging station for residents who live on property with a Home Owners Association or Condo Board. The law also applies to proprietary lessees in Virginia.

The law creates a framework for residents and property owners’ associations to follow. This includes requiring the unit owner to pay the cost of installing the charging station as well as the electricity used.

Virginia Right to Charge Joins Six Other States

Six other states have Right to Charge laws including New York, Florida, Colorado, California, Oregon and Hawaii. Maryland lawmakers considered such a bill in 2020 (HB 111). It passed the House but died in the Senate, possibly due to the abrupt adjournment of the session due to the pandemic.

Virginia Senator Scott A. Surovell proposed the Virginia Right to Charge bill (SB 630). An EV driver himself, Surovell told PlugInSites, “We need to facilitate EV ownership and several people including constituents have reached out to me regarding difficulties encountered installing EV charging stations in condominiums. I’m hoping that my legislation will create a roadmap that facilitates the efficient deployment of charging stations in homeowners associations, condominiums and cooperatives.”

Here is the text of the Virginia Right to Charge law with links to the source.

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Maryland EV Tax Credit Status as of June, 2020

Funding Depleted – But File an Application Anyway

2021 Maryland Legislation Includes EV Tax Credit Bill
Click Here for More Info

Maryland EV Tax Credit Tesla Dealer

Don’t count on the $3,000 Maryland EV tax credit if you buy an electric car right now. Funding for the program is exhausted and no further funding is currently authorized. However, you should still submit the form to reserve your place in line in case funding is approved in the future.

Go to the MVA website for the current status of the Maryland EV Tax Credit program and do your due diligence before making a purchase.

The Clean Cars Act of 2017, signed into law by Governor Larry Hogan, authorized an excise tax credit on plug-in electric cars for three years, from July 1, 2017 to June 30, 2020.

Funds for the Maryland excise tax credit usually run out early each fiscal year. Applicants are then put on a wait list until the next round of funding is released. Filling the backlog means that each year’s funding runs out sooner than the last.

In September, 2016 the money ran out barely two months into fiscal year 2017. The Maryland MVA sent out a bulletin advising auto dealers to alert customers that funds were depleted and the program had ended.

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