Testimony – Maryland EV Charging Reliability Bill HB 1028

HB1028 MDGA 2024

Economic Matters Committee – March 6, 2024

The following is a transcript of my testimony to the Maryland Economic Matters Committee in support of HB 1028, “Business Regulation – Electric Vehicle Supply Equipment – Regulations for Retail Use.” This legislation would require the Comptroller to adopt regulations for the retail use of electric vehicle supply equipment in the State that include requiring an uptime of 97% and establishing civil penalties for non-compliance with the regulations.

To build trust in electric vehicles, reliable charging and transparent pricing are essential.

Good afternoon. My name is Lanny Hartmann.

As an electric vehicle driver, I’ve experienced firsthand both the promise and the challenges of relying on public charging.

Over the past decade, I’ve visited hundreds of charging stations across the country. While many function smoothly, especially those on the Tesla network, a significant number of public charging stations struggle with reliability and uptime.

Millions are being invested in Maryland’s charging infrastructure. Reliability, affordability, and user experience are critical for success.

According to the Department of the Environment, Maryland currently has around 4,000 charging ports, and about 20% of them are in need of maintenance.

In my own testing of about 70 fast chargers in central Maryland, I found that nearly a third of them had issues. These problems included damaged connectors, malfunctioning screens, or the charger would stop abruptly or deliver reduced power.

There’s a need for transparency in charging costs and meter accuracy. I once charged at a station in Hagerstown and was later billed $553 on my credit card. While I eventually got a refund for the mistaken billing, it underscores the importance of accurate metering and fair pricing.

To build trust in electric vehicles, reliable charging and transparent pricing are essential. Fortunately, Maryland is leading the way in setting reliability standards for utility-owned charging stations with HB 834 which the General Assembly passed last year.

Now, with this bill, we have the opportunity to expand upon that success and ensure reliability and accountability for all public charging stations in the state.

Thank you.

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Testimony – Maryland Electric Vehicle Charging Reliability Act

Maryland Electric Vehicle Charging Reliability Act Testimony

Economic Matters Committee – March 2, 2023

The following is a transcript of my testimony to the Maryland Economic Matters Committee in support of the Maryland Electric Vehicle Charging Reliability Act (HB 834). The legislation subsequently passed and went into effect on October 1, 2023. This is one of the first laws of its kind in the United States.

We deserve transparency and accountability for EV charging infrastructure that’s being built with public funds.

My name is Lanny Hartmann. I’m an EV driver and a BGE ratepayer.

For years we’ve been told that public charging has 98% uptime, 99% uptime, even 100% uptime.

Last year a study was released by the University of California that looked at the reliability of the fast chargers in the San Francisco Bay Area. The study found that only [72.5%] were functional.

I had my own concerns about charger reliability so I conducted my own test of fast chargers in Maryland. In August I visited all the fast chargers owned and operated by BGE.

What I found was that 71% of them were fully functional. In other words, one out of three were broken.

For every station that didn’t work, I reported the issue to customer service.

I compiled my findings and presented them to the Public Service Commission at a hearing in September. You have that report in my written testimony.

Two months later I visited all 69 stations again. This time I found that only 65% were operational. The reliability had actually gotten worse. 

There is a wide gap between what we’re being told about charging reliability and what EV drivers are actually experiencing.

The PSC and lawmakers need quality data to inform decision making.

We deserve transparency and accountability for EV charging infrastructure that’s being built with public funds.

That’s what this bill would do.

Thank you and I ask for a favorable report.

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Maryland to Penalize EV Drivers Who Are Not Plugged In

Penalize EV Drivers

$100 Fine at Maryland Charging Stations

Governor Larry Hogan signed legislation yesterday that will penalize gas vehicle drivers who block electric vehicle charging stations in Maryland. The same $100 fine will also apply to EV drivers who are not “plugged into charging equipment.”

Unless the vehicle is a plug–in electric drive vehicle that is plugged into charging equipment, a person may not stop, stand, or park a vehicle in a designated plug–in electric drive vehicle charging space.

Maryland Transportation Article §21–1003.2 (B)

Maryland is the 17th state to pass an “anti-ICEing” law to regulate parking at electric vehicle charging stations.

Virginia: Must be Actively Charging

A new Virginia law goes one step further. Beginning July 1st, electric vehicles in Virginia must be “in the process of charging” while in a reserved charging space. A diligent parking enforcement officer could conceivably ticket an EV driver for “ICEing” the instant their vehicle stops charging.

Colorado and New York also require EVs to be actively charging. However, those states give EV drivers a 30-minute grace period to move their car and make an exception for EV charging at airports, hotels and between the hours of 11 PM and 5 AM.

No Signs, No Fines

The Maryland anti-ICEing law cannot be enforced unless the charging station provider wants to post signs that conform to the requirements spelled out in the legislation. Enforceable signs must state the amount of the fine ($100) and meet state standards for parking signs including color, font size and placement height. The regulatory signs, and therefore enforceability, are at the discretion of the charging station provider.

(C) A publicly accessible plug–in electric drive vehicle charging space shall be designated by a sign that:
(1) Indicates that the charging space is only for electric vehicle charging;
(2) Includes any day or time restrictions;
(3) States the maximum fine that may be incurred for a violation; and
(4) Is consistent with the design and placement specifications established in the Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Administration under § 25–104 of this article.

Maryland Transportation Article §21–1003.2 (C)

Unenforceable at Tesla Superchargers

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Maryland Proposes That New Buildings be EV-Ready

Maryland EV-Ready

Pre-Wiring for Electric Vehicle Charging

Maryland Senate Bill 627 proposes to amend the state building code to require the installation of EV-Capable, EV-Ready, and EVCS-Installed parking spaces. The legislation, sponsored by Senator Jeff Waldstreicher of Montgomery County, would apply to new construction as well as existing buildings that undergo significant renovations.

The terms EV-Capable, EV-Ready and EVCS-Installed are defined in the bill as:

EV–CAPABLE PARKING SPACE” MEANS A DEDICATED PARKING SPACE PROVIDED WITH ELECTRICAL PANEL CAPACITY AND INSTALLED CONDUIT THAT HAS THE ABILITY TO SUPPORT FUTURE IMPLEMENTATION OF EV CHARGING WITH A MINIMUM 40 AMPERE, 208/240 VOLT CIRCUIT.

EV–READY PARKING SPACE” MEANS A DEDICATED PARKING SPACE THAT HAS A FULL CIRCUIT INSTALLATION OF A MINIMUM 40 AMPERE, 208/240 VOLT CIRCUIT PANEL CAPACITY, RACEWAY WIRING, RECEPTACLE AND CIRCUIT OVERPROTECTION DEVICES.

EVCS–INSTALLED PARKING SPACE” MEANS A DEDICATED PARKING SPACE WITH AN ELECTRIC VEHICLE CHARGING STATION WITH AT LEAST LEVEL 2 CHARGING CAPABILITY THAT IS FULLY INSTALLED FROM THE ELECTRICAL PANEL TO THE PARKING SPACE.

Maryland EV-Ready Building Code

The code will apply to privately owned commercial buildings, multifamily residential buildings, mixed–use buildings consisting of five or more residential dwelling units, single–family homes, and townhouses. Each building will be required to include a minimum percentage of EV–Capable, EV–Ready, and EVCS–Installed parking spaces in the garage or parking area.

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Maryland Bill Would Require EV Charging at New Gas Stations

One EV Charging Station for Each Gas Pump

Maryland House Bill 835 proposes to establish requirements for the installation of electric vehicle charging stations as a condition of approval for the construction of new retail gas stations in Maryland.

The bill, as introduced by lead sponsor Delegate Sheila Ruth of Baltimore County, would require at least one Level 2 charging station for each gasoline pump.

On or after October 1, 2022, a person constructing a retail service station that is projected to sell more than 1,000,000 gallons of gasoline per year shall install one electric vehicle charging station capable of providing at least Level 2 charging for each gasoline dispensing pump operated by the retail service station.

Maryland HB835 as introduced

Gas Stations Must be 1,000 Feet From Schools, Day Cares, Hospitals, etc.

A unit of government that exercises final construction approval authority for retail gas stations would also require a setback of at least 1,000 feet from a school, hospital, day care center, park, playground or certain other listed places.

(C) On or after October 1, 2022, a person constructing a retail service station shall apply to the approving body for a setback certification.
(D) An approving body shall issue a setback certification if the retail service station will be set back at least 1,000 feet, boundary line to boundary line, from:
(1) another retail service station;
(2) a church, as defined in § 5–301(b) of the Corporations and Associations Article;
(3) a day care center;
(4) a hospital;
(5) an outdoor area that is categorized as a cultural, entertainment, or recreational use area;
(6) a park;
(7) a playground;
(8) a public or private school; or
(9) a residential property.
(E) After October 1, 2022, without a setback certification issued by an approving body.

Maryland HB835 as introduced

A Public Hearing is scheduled for February 24 at 1:00 p.m. in the House Economic Matters Committee.

HB 835 is cosponsored by Delegates Belcastro, Foley, Lehman, and Terrasa.

PlugInSites is tracking electric vehicle legislation in Maryland, Virginia and certain EV related bills in other states. Follow the progress of those bills at the 2022 PlugInSites EV Legislation Tracker.

Please Fix Maryland Anti-ICEing Legislation HB 157

EV Charging Connector Lock
Laws that penalize EV drivers who get unplugged will lead to more people locking the connector to their car.

UPDATE: Feb. 4, 2022

SB 146 was amended to add the problematic language that will penalize an electric vehicle driver if their car becomes unplugged. The amended bill was approved on 2nd reading on Thursday and will likely pass in the Senate. The House bill HB 157 passed out of the Motor Vehicle and Transportation Subcommittee on Thursday. That bill was amended to remove the requirement to post official signs at all charging stations funded with public money. Tesla objected to the mandatory enforcable signs:

“There are commercial properties who would like to install charging infrastructure but would not want to install a sign as required under HB157. For example, an establishment with limited spaces for customer parking may not be willing to limit its parking to EV customers only. The approach in the crossfiled bill, SB146, to outline what should be on a sign if a property owner chooses to install one, without requiring their installation, is a better approach to ensuring that potential site hosts are not dissuaded from installing EV chargers on their property.”

Tesla testimony regarding Maryland HB 157

Maryland House Bill 157 and Senate Bill 146 were originally described as: “Prohibiting 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.”

California Got it Wrong

Unfortunately, Maryland’s “anti-ICEing” bills contain problematic language that GM bullied into California AB 475 in 2011. EV advocates including Plug In America tried to stop AB 475 before it became law. One compelling reason was that other states look to California when adopting electric vehicle policies. Unfortunately, the efforts of the EV community to overturn the wishes of General Motors were not successful. Therefore, we must continue to educate lawmakers on a state-by-state basis on the consequences of borrowing from the bad California “anti-ICEing” law.

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Comments to the Federal Highway Administration on EV Charging Deployment

FHWA-2021-0022

The Bipartisan Infrastructure Law (BIL) will invest approximately $7.5 billion for the deployment of electric vehicle charging infrastructure in the US. The Department of Transportation (DOT), in coordination with the Department of Energy (DOE), is required to develop guidance for States and localities to deploy electric vehicle charging. A Request for Information (RFI) was published under Docket No. FHWA-2021-0022 to invite public comments to inform the development of the Guidance for an Electric Vehicle Charging Program.

I submitted the following comments:

Docket No. FHWA-2021-0022
January 27, 2022

As an electric vehicle driver of nearly ten years, I appreciate this opportunity to provide comments on the Development of Guidance for Electric Vehicle Charging Infrastructure Deployment from an EV driver’s point of view. The consumer experience at public EV charging stations can have a profound effect on the success of charging infrastructure deployment.

Comments are directed at the EV Charging Program statutory considerations as indicated by their corresponding numbers below.

Statutory Consideration 1

50 miles is a reasonable distance between publicly available EV charging stations. This is especially critical for colder climates where the winter temperatures can reduce the range on battery electric vehicles.

Statutory Consideration 3

Priority should be given to EV charging infrastructure that is located at or near locations that have 24-hour amenities such as off-highway travel centers, fuel retailers, convenience stores, and local small businesses.

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Frederick County, Maryland Considers EV-Ready Ordinance

The following is a message from Council President MC Keegan-Ayer:

Bill 22-01 (Electric Vehicle Charging Stations) will be coming up for it’s second reading on February 15th.  The Third reader and Council vote is scheduled for March 1st.  This is the date that any amendments will be brought forward, if there are any.

If you’d like to make public comment on the Bill, the easiest way is to email your written comment to CouncilMembers@frederickcountymd.gov and these comments will be made part of the public record. This email will go to every Council Member, and you can email any time.  
If you prefer to call in and give live comment on either date, you can call during the meeting: 
855-925-2801, enter meeting code 8365
From here you can either leave a voicemail message (which will be played during the meeting) or enter a virtual queue to give live public comment.

For New Residential Construction

Frederick County Council President M.C. Keegan-Ayer has proposed an EV-Ready ordinance to ensure that new homes in the county will be able to have electric vehicle charging equipment easily installed in the future.

Frederick County has the third highest EV adoption in Maryland as measured in an August 2021 PlugInSites analysis.

The County Council of Frederick County, Maryland, finds it necessary and appropriate to amend the Frederick County Code to require electric vehicle charging infrastructure for charging electric vehicles in certain new residential structures by adding provisions to Chapter 1-6: BUILDINGS.

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