Category: Legislation

“Anti-ICEing” Bill Sent to Illinois Governor to Sign
Few states have laws against “ICEing” an electric vehicle charging spot. Thanks to a call from an angry EV driver to his state representative, Illinois may soon fine and tow those who block charging stations with vehicles that can’t use them. The Illinois General Assembly has just passed HB-0198 which:

 

Prohibits the parking of non-electric vehicles in charging station spaces designated for electric vehicles. Allows any person or local authority owning or operating a parking facility to remove or cause to be removed any non-electric vehicle parked within a charging station space designated for use by an electric vehicle. Imposes a minimum fine of $75 on a person parking a non-electric vehicle in a space designated for electric vehicles. Requires municipalities to display signs indicating the fine imposed for a violation.

Illinois State Rep. Robyn Gabel told Chicago Channel 7 News reporter Roz Varon, “A constituent called our office and was very upset. He said he went to park his electric vehicle in Northbrook in a parking lot where they had a charging station and there were non-electric vehicles parked in the spot. We did some research and we found that, in reality, no, most places do not have a fine for parking non-electric vehicles in electric parking spots. So we developed some legislation and passed it, both in the House and the Senate and it is now on the governor’s desk.”

 

$75-$100 Fine + Towing. Will Apply on Private Property 

If the governor signs the bill, it means that after January 1, 2016, any non-electric vehicle that is blocking a designated charging station can be towed and the owner fined $75 to $100. The penalty will apply on private parking areas open to the public and the charging spot need only be designated so that, “…a reasonable person would be made aware by the sign or notice on or near the parking space that the space is reserved for electric vehicles.” Full text of HB0198. [PDF]

 

Important to Encourage Electric Cars
Rep. Gabel explained, “It’s important to encourage people to reduce their carbon footprint. If people have electric cars, we want to encourage them to have electric cars and be able to recharge their car wherever they need to recharge it.”

 

 

One Person Can Make a Difference
An important part of this story, not to be overlooked, is that a single citizen got the ball rolling with one well-placed phone call. A single person CAN make a difference. Next time you are ICEd, don’t just get angry, call your elected representatives and ask for legislation.

 

@PlugInSites

It was bound to happen sooner or later. The government, realizing less revenue from taxing gasoline by the gallon because vehicles are more fuel-efficient, or don’t use gas at all, is looking for alternative ways to collect money to pay for transportation infrastructure.

Several states including Oregon have considered taxing vehicles by the mile. Now, the United States Senate has proposed a use fee that specifically includes electric vehicles as part of a transportation bill that Congress is trying to pass before July 31, when current funding of the Highway Trust Fund runs out.

The U.S. Senate’s long-term transportation bill called the Developing a Reliable and Innovative Vision for the Economy (DRIVE) Act is proposed to help fund and modernize the nation’s infrastructure and transportation systems.

Ensures All Users of the Roads Pay Their Fair Share

The DRIVE Act, H.R. 22, includes user-based alternative revenue mechanisms that keep a user fee structure designed to support the long-term solvency of the Highway Trust Fund.
The following line is in the summary from the Senate Environment & Public Works Committee:

Extends new user fee to electric vehicles: The DRIVE Act ensures all users of the roads and bridges pay their fair share with a new federal share program initializing new state controlled user fees.

The Senate bill retains a provision for national electric vehicle charging corridors and deployment of electric vehicle charging infrastructure in those corridors by the end of fiscal year 2021. There is apparently no provision to address workplace charging at Federal facilities as was once considered by the previous Congress via the EV-COMUTE Act.

The Senate may vote on the 1,030-page DRIVE Act as early as this weekend according to the Senate Majority Leader.

@PlugInSites

The Senate has introduced its six-year highway infrastructure spending bill known as the Developing a Reliable and Innovative Vision for the Economy Act, or DRIVE Act. [PDF] The bill includes a provision for national electric vehicle charging corridors and deployment of electric vehicle charging infrastructure in those corridors by the end of fiscal year 2021.

The DRIVE act calls for designation of national electric vehicle charging corridors to identify the need for, and location of, electric vehicle charging infrastructure at strategic locations along major national highways to improve the mobility of electric-powered passenger and commercial vehicles.

In designating corridors, the U.S. Secretary of Transportation shall involve the heads of other Federal agencies; State and local officials; representatives of energy utilities; the electric vehicle industries; clean technology firms; the hospitality industry; the restaurant industry; and highway rest stop vendors.

The bill calls for a report that identifies electric vehicle charging infrastructure and standardization needs for electricity providers, infrastructure providers, vehicle manufacturers, electricity purchasers, and establishes a goal of achieving strategic deployment of electric vehicle charging infrastructure in those corridors by the end of fiscal year 2021.

@Lanny

Follow Plug In Sites to keep up with EV Infrastructure developments in DC, Maryland, Virginia and beyond.

Maryland is the latest state that will explicitly allow Tesla to sell cars direct to consumers. Earlier today, May 12, 2015, Delegate Kirill Reznik, co-sponsors, representatives from Tesla Motors, and several of us from the public who supported the bill, watched as Governor Larry Hogan signed HB 235 into law at the State House in Annapolis.

The bill signing was part of a ceremony where 350 pieces of legislation passed by the 2015 Maryland General Assembly were signed by the Governor.

Delegate Reznik, pictured above, initiated the effort to open Maryland to Tesla sales when he learned from a news article that Maryland was one of the few states that didn’t allow Tesla employees to engage in sales activities such as helping customers place an order online or even tell visitors to its gallery in Bethesda the price of the car and options.

In February, Jeff Cadman, Bob Erdman and I went to Annapolis to show support for the bill at a hearing in the Environment and Transportation Committee. Bob and I spoke in favor of the bill on a panel as individual citizens.

Model S driver and early Tesla supporter, Peter Soukup, was very happy to see progress in his home state that will ease the way for more Maryland residents to drive a Tesla. This was a good day for electric vehicles and the people who want to drive them.

@Lanny

According to records obtained by PlugInSites under the Maryland Public Information Act, police officers in Howard County were issued guidance that they have no authority to enforce parking restrictions at plug-in vehicle charging stations except on property owned by the county.
In an email dated February 25, 2015 addressed to all sworn police officers, a Sergeant in the Traffic Enforcement Section wrote,

“There has been an increase in parking complaints related to Electric Vehicle Parking. As this technology becomes more prevalent around the country and within Howard County, this trend is expected to continue. There has been some confusion regarding enforcement as there exists some potentually confusing language in the County Code pertaining to where enforcement may take place.”

The email references Howard County Code Title 21.207 (Parking Restrictions) and that it,

“Provides that on property under the County’s jurisdiction, the Department of Public Works may designate a parking space where a plug-in vehicle may be recharged. The section further states that a person may not stop, stand, or park a vehicle in a space that is posted for the exclusive use of plug-in vehicles.

“The issue arises when responding to private property (which is obviously not under the County’s jurisdiction) for these complaints. Further in the title there is a provision that gives Private Property Owners the authority to post reserved parking spaces for the exclusive use of plug-in vehicles and further outlines that parking in these spaces is prohibited.

“This authority to post signs on private property SHOULD NOT be construed as an authority for the Police Department to enforce these violations on private property. If the property is not under the County’s jurisdiction (basically owned by county) there exists no authority for the PO to issue a Plug-in Vehicle Parking Citation.”

Read the entire email.

Ref: Howard Co. Code Sec. 21.207c3.

@PlugInSites

Legislation Passed to Allow up to Four Tesla Stores in the State

Only minutes before the 2015 Maryland General Assembly ended at midnight, House Bill 235 passed the final vote needed to allow Tesla Motors to sell cars direct to customers in Maryland.

At 11:58 PM, @DelegateReznik of Montgomery County, who sponsored the bill, tweeted “Welcome to Maryland @TeslaMotors” with a photo of the tally board in Annapolis showing HB 235 had passed a concurrence vote in the House by 122 yeas to 15 nays.

The bill was supported by the Maryland Dealers Association which agreed to allow as many as six locations. However, General Motors wanted to limit the number to two locations. In the end, the bill was amended to allow as many as four dealer licenses to be issued.

After the bill is signed by the Governor, it will take effect October 1, 2015.

@PlugInSites

(Published March 31, 2015) About a year ago, I contacted my representative on the Howard County Council, Jen Terrasa, and asked her to introduce legislation to prohibit non-plug-in vehicles from parking at electric vehicle charging stations like Montgomery County Bill 32-13 which had recently passed.

Councilwoman Terrasa introduced CB36-2014 in June, 2014. Many of my fellow electric vehicle drivers expressed support for the bill and some even appeared before the Council in person to testify. The bill passed on July 25, 2014 and the Howard County Code was then amended.

The Howard County Police initially responded to complaints of gasoline vehicles blocking EV charging stations, particularly at the Columbia Association Athletic Club parking lot, and wrote citations noting a parking restriction violation of Section 21.207c3.

In recent weeks, the police have refused to write tickets at the Athletic Club telling the EV drivers who were blocked from charging that they can’t enforce it because it is on private property. I initially spoke with Sergeant Baker of the Howard County Police who looked at the law and agreed that it was enforceable on private property if there was a sign. He indicated that he would send out an email to all Howard County Police officers about the clarifications to the parking restrictions at EV charging stations.

Something changed between then and now and I learned from a police officer that they have been told NOT to enforce ICEd charging stations on private property. I called Sgt. Maskola of the Howard County Police. He confirmed that officers have been instructed that they can only enforce the charging station parking restrictions on County property and not on private property. He said there was an opinion issued by the Howard County Office of Law to support this position.

Then I spoke with Cynthia Peltzman at the Office of Law and she said that enforcement on private property would be through the “trespass-tow” law applicable to private property owners in Title 17, Subtitle 6 of the County Code. I’m not an attorney, but it seems logical that private property owners already had the ability to restrict parking, including at charging stations if they wish, under the existing trespass-tow law.


It was my understanding that Howard County Code Sec. 21.207c3 let private property owners decide, by posting a sign or not, if they wanted police enforcement of parking restrictions at charging stations on their property.
“…a person may not stop, stand, or park a vehicle in a space that is posted for the exclusive use of plug in vehicles:
(i) Under subsection (b) of this section for County property; or
(ii) By the property owner for private property.”

I have asked for clarification on the intent of the law created by CB36-2014 and what needs to be done to have it enforced on private property.

@Lanny

Here’s an update on House Bill (HB) 235 which would allow certain electric vehicle manufacturers including Tesla to sell cars direct to customers in Maryland. The bill received a favorable report by the House Environment and Transportation Committee after amendments advocated by GM were added. The second reading with amendments passed the full House on March 19, 2015. UPDATE: The third reading passed in the House, 137-0, on March 20, 2015.

The Maryland Automobile Dealers Association testified that they supported the bill. However, GM opposed it, as originally filed, and insisted on amendments to limit Tesla and any other manufacturer falling under the statute to only be licensed to operate at two locations.

GM seems to have been successful in their lobbying to get those amendments. The amendments allow two sales locations in Maryland. One of those two licenses can only be issued in Montgomery County. This would, in effect, grandfather the current Tesla location at Montgomery Mall and allow only one more sales location in the entire state.

The process starts all over again in the Senate. First stop will be in the  Judicial Proceedings Committee. That bill has not been filed as of March 20.

Subscribe below to get updates via email as they develop.

@Lanny

Here is an update on the current bills before the Maryland General Assembly that affect electric vehicles and charging infrastructure. Senate Bill (SB) 682 to authorize a reciprocity agreement with Virginia for electric vehicles to use HOV lanes received an unfavorable report in the Senate Judicial Proceedings Committee and is likely dead this session. There was no similar bill in Virginia for the proposed reciprocity agreement anyway.

Today, March 10th, there is a hearing in the Senate Finance Committee on SB 714 to extend the tenure of the Maryland Electric Vehicle Infrastructure Council (EVIC) from 2015 until 2020. The Maryland EVIC was established in 2011 to develop a plan to expand the adoption of plug-in electric vehicles and charging infrastructure in the state. They also recommend legislation such as the next bill to report.

SB 762 which would lift restrictions at condos and HOAs and require landlords to approve a tenant’s request to install electric vehicle recharging equipment will have a hearing before the Senate Judicial Proceedings Committee on March 19, 2015 at 1:00 PM. This bill is based on California Assembly Bill (AB) 2565 which gives multi-unit dwelling tenants the right to install a charging station at their residence as long as the tenant pays for the costs of installation, maintenance, electricity and subsequent removal upon moving. A substantial number of potential plug-in vehicle drivers live in rentals, condos or property governed by a homeowners association and this is a consequential issue for many.

There are several ways you can express your opinion to Maryland lawmakers on SB 762.
UPDATE: I’ve been told that there will be no verbal testimony from the public and that written testimony must be delivered to the Senate Judicial Proceedings Committee office before noon on March 19. See the Witness Guidelines and Committee FAQ’s for details.
1. Write to the members of the Senate Judicial Proceedings Committee. Find a list of the committee members and their contact info here.
2. Go to Annapolis on March 19th to give your testimony in person. See these witness guidelines for the committee.

Finally, I called Delegate Reznik’s office to get an update on House Bill (HB) 235 which would allow certain electric vehicle manufacturers such as Tesla to sell cars direct to customers in Maryland. The bill is currently held up in subcommittee. An agreement has been worked out with the Maryland Automobile Dealers Association and they support the bill. However, GM is opposing it and some amendments are expected. They don’t know yet what those amendments will do to the bill. The subcommittee meets every Thursday and I will continue to monitor the progress of this and all EV and charging related bills in Annapolis and report here.

Subscribe to Plug In Sites below to get updates via email as they develop.

@Lanny

Yesterday, I joined Bob Erdman and Jeff Cadman in Annapolis to show support for Maryland House Bill 235. This bill, introduced by Delegate Kirill Reznik of Montgomery County, would allow Tesla and other qualifying Electric Vehicle manufacturers to sell cars directly to consumers. Currently, Tesla is limited by state law from any sales activity including discussing price with potential buyers.

Jeff and Bob both own a Tesla Model S. In his letter to the committee, Jeff noted that when visitors to the Tesla Gallery in Montgomery Mall ask for pricing and ordering information, the employees have to refer them to the Tesla website. “The situation is both confusing for the customers and frustrating for the employees.”

Bob told the committee that he had to go to Washington, DC to discuss price and order his car. He explained why he thought it is important to allow manufacturers of electric vehicles such as Tesla to directly represent and sell the cars they make. “It takes an extra effort to educate the potential buyer of this new technology.” See his testimony at 25:55 into the video.

Jen Brock-Cancellieri, Deputy Director, Maryland League of Conservation Voters also testified in support of the bill. She said, “This bill will encourage the sale of more electric vehicles in Maryland.” She added that the current law is bad news for the state because it is limiting the electric vehicle market.

The Maryland Automobile Dealers Association, unlike the dealers associations in some other states, has been cooperative. They have worked together with the bill’s sponsor to agree to allow a limited number of Tesla dealerships in the state. Delegate Reznik proposes allowing Tesla to have up to six locations in Maryland. The President of the Maryland Dealers Association testified in support of the bill with amendments.

The only ones to appear in opposition to the bill were two attorneys representing General Motors. GM wants the bill to limit Tesla to the two facilities that they currently have in Maryland, the Gallery in Montgomery Mall and the Service Center in Rockville. You can watch the testimony from GM starting at 36:30 on the video.

This bill still has a long way to go. Next, it will be sent to a subcommittee and then back to the Environment and Transportation Committee to vote. If you’d like to speak up, it’s not too late. The members of the House Environment and Transportation Committee are listed here.

Subscribe below to get updates via email as they develop.

@Lanny