Maryland Electric Vehicle Legislation Wrap-Up for 2021

Maryland Electric Vehicle Legislation in Annapolis

This was a good year for Maryland electric vehicle legislation. A number of bills that are of interest to EV drivers passed the legislature and have been sent to Governor Hogan to sign.

PlugInSites followed the progress of over a dozen electric vehicle related bills in the Maryland General Assembly in 2021. About half of the EV bills passed. In general, only about one in three bills pass in Annapolis in any given year, so we did pretty good.

Here is a brief rundown of what passed, what didn’t and what changes were made along the way.

The Maryland Electric Vehicle Tax Credit

The Clean Cars Act of 2021 (HB 44), as introduced, had several goals. First was to fund the backlog of applications from EV purchasers who are on the waitlist from the prior EV tax credit program. Then to extend the tax credit for two more years. And finally it was to extend the EV charging equipment rebate and increase annual funding. The good news is that the funding for the backlog stayed in the bill. That is welcome news for EV drivers who have been waiting for their checks of up to $3,000. In addition, the Electric Vehicle Recharging Equipment Rebate Program will be extended for two more years and the funding will increase from $1.2M to $1.8M annually.

Unfortunately, the part of the original bill to extend the EV excise tax credit was removed. This came about because of concern over a provision in the federal COVID-19 relief act that prohibits states from using any of the $195 billion of federal aid “to either directly or indirectly offset a reduction” in net tax revenue. For official information about the Maryland Excise Tax Credit for Plug-in Electric Vehicles, visit the MVA Website.

Pre-Wiring for EV Charging

House Bill HB 784 to encourage buyers of new residential housing units to pre-wire their homes for EV charging passed in the final hours of the session. This bill was sponsored by my representative, Delegate Jen Terrasa. I testified in support of this bill in the Senate Education, Health, and Environmental Affairs Committee along with EV advocate Paul Verchinski who is a big proponent of this legislation. This will ensure that home builders inform buyers that they have the option to include a Level 2 charging station or a dedicated electric line in their garage, carport or driveway. The builder must also provide information about EVSE rebate programs and other incentives.

Right-to-Charge

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Maryland “Right to Charge” Bill Passes

 Lifting Charging Restrictions at Condos and HOAs

Maryland Right to Charge
Map showing states that have passed “Right to Charge” legislation.

If your Maryland condominium or homeowners association ever said that you’re not allowed to install an EV charging station in your designated parking space, then you may soon have recourse. The General Assembly in Annapolis just passed a “Right to Charge” bill that would make Maryland the 9th state to remove such restrictions. The bill, (HB110) sponsored by Delegate Marc Korman of Montgomery County and cross-filed (SB144) by Senator Guy Guzzone of Howard County, is now headed to the Governor to be signed into law.

Maryland will join Florida, New York, Virginia, and five other states to prohibit HOAs and condo boards from arbitrarily denying permission for a homeowner to install an electric vehicle charging station. It would make void and unenforceable any covenants or restrictions of a condominium or homeowners association if they prohibit or unreasonably restrict the installation or use of electric vehicle recharging equipment in an owner’s deeded or designated parking space.

This bill gives homeowners the right to install a charging station in their parking spot as long as they pay for the costs of installation, maintenance, electricity and subsequent removal upon moving. Many people in Maryland live in housing that is governed by an HOA or condo board. Addressing the issue of charging at multi-family units is important to achieve the full potential of electric vehicle adoption in the state.

A Five Year Journey

This legislation has a history in Maryland going back at least five years. I’ve testified in support of Maryland Right to Charge since 2016. It seemed that the opposition from the HOA groups was strong and overwhelming back then. It seemed impossible to reconcile at the time. Consequently, the bills in 2016, 2017 and 2018 failed.

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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 EV legislation in Maryland, Virginia and select bills of interest in other states. Check back often and subscribe below.

Pending Actions & Featured Bills

– New
Maryland General Assembly Session has ended for 2021.

StateSummaryBillStatusUpdateDetails
WAPayment & Interop.SB5192✅ Passed4/22/2021EV charging station payment rules and interoperability standards.
OREV Charging in ParksHB2290✅ Passed5/5/2021EV charging stations in parking spaces at state parks.
OKEV Charging TaxHB2234✅ Signed4/22/2021Imposes a tax of 3 cents per kWh on the electric
current used to charge electric vehicles.
MDResidential ConstructionHB0784✅ Passed4/12/2021Requiring a builder of new housing to provide buyer with the option to include EV charging.
MDZEV Bus TransitionSB0137✅ Passed4/12/2021Prohibiting, 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 Tax CreditHB0044✅ Passed4/12/2021Excise tax credit for electric vehicle purchases. (Amended to strike EV tax credit and only apply to backlog of previous EV purchases on the waitlist.)
MDClimate CounselHB0030✅ Passed4/10/2021Establish the Office of Climate Counsel in the Maryland Public Service Commission and include the Climate Counsel on ZEEVIC.
MDHOA/Condo ChargingHB0110
(SB144)
✅ Passed4/8/2021Electric Vehicle Recharging Equipment for Multifamily Units Act (Right-to-Charge)
MDComm EV
Inspections
HB0250✅ Passed4/6/2021Altering the mileage at which certain zero-emission Class F (tractor) vehicles are required to have the vehicle inspected.
MDZEV Bus TransitionHB0334
(SB0137)
Put into
SB0414
2/12/2021Prohibiting, 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-ICEingHB0480❌ Died4/12/2021Prohibiting a person from parking a vehicle that is not connected to charging equipment in a space that is designated for charging plug-in electric vehicles.
MDEV School BusHB0832❌ Died3/30/2021Establishing the electric school bus pilot program
MDZEV State FleetHB0592❌ Died4/12/2021Prohibiting, 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.
MDEV Charging ReimburseHB1098❌ Died3/26/2021Requiring 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.
MDAnti-ICEingSB0315❌ Died1/27/2021Prohibiting stopping, standing, or parking a vehicle that is not a plug-in electric vehicle in a parking space that is designated for the use of plug-in electric vehicles.
MDTax Credit FundingSB0152❌ Died1/19/2021Maryland Strategic Energy Investment Fund – Use of Funds and Electric Vehicle Excise Tax Credits
NCAnti-ICEingHB296✅ House
(115-4)
4/01/2021An act to regulate parking in an electric vehicle charging station.
NCEV Tax CreditSB592Active4/7/2021Creating a $3,000 income tax credit for purchasers of a new plug-in electric vehicle.
DEEV Charging FeesSB21Active3/23/2021Permits State agencies to charge a fee for public or employee use of EV charging equipment installed by the agency so long as the fees do not exceed the agency’s costs.
PAEV ReadyHB0481
(HB0110)
Active2/9/2021Requiring new nonresidential buildings to provide electrical service capacity for electric vehicles.
PAZEV Tax CreditHB0524
(HB0110)
Active2/11/2021Exclusions from Tax. The sale at retail or use of a zero-emission vehicle.
PAZEV Toll DiscountsHB0525
(HB0110)
Active2/11/202110% discount on electronic toll collection.
WVAnti-ICEingHB2732Postponed
Indefinitely
3/10/2021Establishing 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 FeeSB0094Adjourned4/10/2021Repealing additional registration fees for alternative fuel vehicles
WVRepeal EV FeeHB2223Adjourned4/10/2021Repealing section of code authorizing additional registration fees for alternative fuel vehicles
WVRepeal Hybrid FeeHB2075Adjourned4/10/2021Removing the registration fee for a vehicle operating on a combination of electricity and petrochemical fuels
NJEV Charging PricingA5303Active1/27/2021Prohibits timed-use and per-charge pricing, and excessive price increases, in sale of plug-in electric vehicle charging services.
NYAV Task ForceS03909✅ Senate
in Assy
5/10/2021Relates to establishing the New York task force on automated vehicle technology.
NYEV ReadyS00023✅ Senate
in Assy
5/10/2021Requires the construction of certain parking facilities to be capable of supporting electric vehicle charging stations
NYEV Charging TariffS03929✅ Passed4/26/2021Establishes an electric vehicle charging commercial tariff
NYZEVS04097On Floor Calendar4/21/2021Directs 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.
NYDirect SalesS1763
(A4614)
Active3/20/2021Certificates of registration for entities that manufacture or assemble ZEVs and have no franchised motor vehicle dealers in New York
NYZEV by 2035S2735
(A11087)
Stricken1/25/2021Provides that one hundred percent of in-state sales of new passenger cars and trucks shall be zero-emissions by 2035
NYClean Car StandardA862
(S2962)
Active3/8/2021Establishes the low carbon fuel standard of 2021.
NYFee ExemptionS05087Active2/23/2021Exempts new clean fuel vehicles and vehicles that meet the clean vehicle standards from first year of registration fees.
NYSales Tax ExemptionS04476Active2/5/2021Provides 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
NYEV ReadyA00346Active1/6/2021Requires 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 ReadyA03179Active1/22/2021Requires electric vehicle charging stations and electric vehicle capable parking spaces
NYEV ReadyA3435Active1/26/2021EV infrastructure at all new residential and commercial construction that has dedicated off-street parking.
NYEV ReadyS0370Active1/25/2021Requires state owned and operated parking facilities to install EV charging stations.
MAICEing FineH.3499Active3/29/2021subject to a fine of $100 for a first offense and $200 for a second or subsequent offense.
MAICEing FineH3502Active3/29/2021subject to a fine of $100 for a first offense and $200 for a second or subsequent offense.
MAHOA/Condo ChargingH3425Active3/29/2021Right-to-Charge
CTEV Direct SalesSB0127Active4/13/2021To permit electric vehicle manufacturers to sell electric vehicles directly to the consumer.
CTEV ReadyHB5640Active1/27/2021To provide prewiring for solar power and electric vehicle charging stations for all new residential construction.
RIEV Ready & ICEing FineSB0173Study4/15/2021Installation of EV charging stations - Designated parking spaces.
ILEV ReadyHB5640Active3/27/2021EV ready at new or renovated residential or nonresidential buildings.
INTask ForceHB1220✅ Signed4/26/2021Reestablishes the 21st century energy policy development task force.
INEV Charging PilotHB1385❌ Died1/14/2021Authorizes an electric utility to request approval from the IURC to implement a pilot program to operate EV charging infrastructure.
OHEV Charging GrantSB0032Active2/22/2021Establish electric vehicle charging station grant rebate program.
HIEV Charging EnforcementSB0756
(HB803)
Active3/25/2021Authorizes 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.
MNEV Charging
Tax
SF 602Active3/01/2021Electric fuel distributed by a utility through an electric vehicle charging station at a public or private parking space tax imposition.
NVEV Charging
Tax
SB 191❌ Died4/10/2021Imposing a surcharge on the sale of electric service to charge the battery of an electric vehicle or a plug-in hybrid electric vehicle.
MSEV Charging
Tax & Grants
HB1441❌ Died3/19/2021To impose a fee on motor vehicles charged at qualified alternative-fuel fueling stations in this state.
VAClean Car
Standards
HB1965✅ Passed2/19/2021State Air Pollution Control Board; low-emissions and zero-emissions vehicle program
VACharging
Plan
SB1223✅ Passed2/19/2021Analysis of EV charging infrastructure needed to support the 2045 net-zero carbon target in the transportation sector.
VAVehicle Wt. LimitsHB1850✅ Passed2/18/2021Passed House (98-0). Motor vehicle weight limits; vehicles powered primarily by electric battery power.
VASCC-ReportHB2282✅ Passed2/18/2021Directs the State Corporation Commission to report on policy proposals to accelerate transportation electrification.
VAEV Tax CreditHB1979✅ Passed2/27/2021Electric vehicle rebate program; creation and funding; report.
VAEV Grant FundHB2118✅ Passed2/28/2021Electric Vehicle Grant Fund and Program; creation; report.
VAEV School BusSB1380❌ Failed2/28/2021Electric utilities; electric school bus projects.

New York info provided by Long Island EVs

Maryland General Assembly Session Ends April 12, 2021

The 2021 Legislative Sessions in Maryland began on January 13th and will adjourn Sine Die at 11:59 PM on Monday April 12th. Any bills that have not passed both chambers by then will die and have to be reintroduced and start the process all over again next January in the 2022 session.

Right-to-Charge Bill Passed

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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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