Legislation - Plug-In Sites

Maryland “Right-to-Charge” Law is Now in Effect

October 1, 2021October 1, 2021 Lanny

Homeowners Associations and Condos

A Maryland Right-to-Charge law for homeowners and condo residents goes into effect today, October 1, 2021.

Maryland joins eight other states including Virginia and New York to prohibit HOAs and condo boards from denying permission for a homeowner to install an electric vehicle charging station within certain guidelines. 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.

New Castle County, Delaware Considers EV-Capable Ordinance

September 29, 2021September 29, 2021 Lanny

For All New Residential Construction

Last night the New Castle County Council in Delaware introduced an EV Capable ordinance to ensure that new housing units have the capability to easily and more cost-effectively install electric vehicle service equipment in the future. Ordinance 21-116, sponsored by Councilperson Dee Durham, would require conduit and sufficient physical space in the electrical panel to accommodate a branch circuit for EV charging in new residential construction.

The ordinance cites Howard and Montgomery Counties in Maryland as locations that already require new residential construction to be EV-Ready.

Frederick County Maryland Proposal Could Punish EV Drivers

September 22, 2021August 19, 2024 Lanny

Ordinance Would Leave Innocent EV Drivers Vulnerable to Fines

The Frederick County Council introduced a bill last night that, if passed, will leave electric vehicle drivers vulnerable to steep fines at EV charging stations.

According to the text of the bill, “A person may not stop, stand, or park a plug-in vehicle in a plug-in vehicle parking space if the vehicle is not connected to the charging equipment.”

This sounds reasonable in theory. Nobody should park at a charging station unless they intend to use it. But there’s a problem when you try to codify this into the sharply defined confines of the law.

What happens if you plug in and someone comes along while you’re away and unplugs your vehicle? Then you’re in violation of a Class C offense of Section 1-1-9 of the Frederick County Code, punishable by a fine of between $100 and $250.

The person who unplugged you? Where is the law to prohibit their behavior? Apparently there is no law against unplugging an electric vehicle without the permission of the owner.* This will be a boon for the haters. Why roll coal on the “greenies” when they can just unplug their cars at the charging station and laugh when they get a ticket?

No More Charger Sharing

The Frederick County bill would make it illegal to share one charging station between two parking spaces. Charger sharing allows more efficient use of charging infrastructure. But under the “must be connected” language in the Frederick County bill, one of the two vehicles would be in violation if in a designated charging space and not plugged in.

Penalizes the Victim of Vandalism

Unfortunately another EV driver or a miscreant could unplug your car. This would immediately make you go from legally parked to being in violation of the proposed Frederick ordinance, through no fault of your own.

EV-Ready Ordinance Proposed in New Castle County, Delaware

August 30, 2021September 28, 2022 Lanny

Requirement for New Residential Construction

The County Council of New Castle County, DE is considering an ordinance to require that new housing have the wiring and other necessary capacity to more easily install EV charging stations in the future.

The proposed ordinance states, “residents of New Castle County will increasingly demand that our housing stock be outfitted with the equipment necessary to re-charge electric vehicles” and “retrofitting existing homes to install electric vehicle charging stations is both time consuming and expensive, unless the home was initially designed and constructed to facilitate the easy installation of such charging stations.”

The ordinance cites Howard and Montgomery Counties in Maryland as locations that currently require that all new residential construction be EV-Ready.

WHEREAS, several jurisdictions, such as Howard and Montgomery Counties in Maryland, the City of Atlanta, and the entire State of California currently require that all new construction either provide for the installation of electric vehicle charging stations and/or that all new construction be “EV-ready”

Howard County Council passed an ordinance in 2018 to require EV charging infrastructure at new residential construction. That legislation was one of the first of its kind and has become a model for the nation. Howard County’s EV-Ready code is cited as an example in the Great Plains Institute’s “Summary of Best Practices in Electric Vehicle Ordinances”.

The New Castle County ordinance would require one parking space to be EV-ready for each new single-family home, duplexes and townhouses with garages. Councilwoman Dee Durham, the legislation’s lead sponsor, told Delaware Public Media, “It’s cheaper to do it ahead of time than after the fact.”

For multi-unit dwellings, the ordinance would require 5% of the total available parking spaces to have a Level 2 EVSE installed and 50% of the total spaces must be EV-Ready.

New Castle County Council Meeting on Tuesday

UPDATE – The ordinance will now be introduced at the September 28, 2021 meeting.

The New Castle County Council is scheduled to consider proposed ordinance 21-094 at a meeting on September 28, 2021 at 6:30 PM. Members of the public may be provided an opportunity to make comments according to the agenda.

For more information about this subject, see the PlugInSites Legislation Reference – New Construction EV-Ready Requirements.

Annapolis $100 Fine and Towing Could Apply to Unsuspecting EV Drivers

June 22, 2021September 28, 2022 Lanny

Overreaching “Anti-ICEing” Ordinance Needs Revision

If you drive an electric car, I bet you try to do the right thing. You care about the environment and your actions reflect your values. You may have even stretched your budget to buy an eco-friendly electric vehicle.

Imagine this scenario: You decide to be more active in speaking up for the future of the planet. So you drive your EV to the state capital to testify in front of lawmakers. You find a garage with EV charging and plug in to a Level 2. You need an extra boost to get home. Or maybe you just want to show your support for the public charging infrastructure. After all, many charging spots are rarely used these days.

You arrive at the committee meeting room. The legislation that you came to support is on a fluid schedule. The Chair could call your name at any moment. You don’t dare miss your opportunity to address the legislators who could decide policy that could affect the environment for years to come.

The hearing runs long. It’s early evening when you finally return to the garage. As you approach your car you notice a paper on the windshield. It’s a parking citation. For a hundred bucks!

The ticket states a violation of Sec. 12.20.090.B – Parking Reserved for Plug-in Electric Drive Vehicles Actively Charging. $100.00 fine.

What? Actively charging?

Tell it to the judge.

It doesn’t matter why your car was not actively charging. Your battery may be full. The charging station may have suddenly quit unbeknownst to you. Or maybe someone wanted to “stick it to the environmentalists” and unplugged your car for spite. Is there a law against unplugging EVs?

You’re lucky though. Your car could’ve been towed in addition to getting the ticket. How do you feel now?

First, Do No Harm

The scenario above is not far fetched. The City of Annapolis passed an anti-ICEing ordinance last year that could punish EV drivers who are not “actively charging.” The same $100 fine and/or towing penalty imposed on a diesel truck driver blocking a charging space could apply to an innocent electric car driver who’s simply trying to do the right thing by driving a zero emission vehicle.

EV drivers are getting punished more than you might think. Green Car Reports published an article that showed that in Montgomery County, MD, more electric vehicles got tickets for parking in charging spaces than ICE vehicles did. Ref: Illegal Parking in charging spots: The culprit? Electric cars

A few weeks ago I testified via Skype at the Annapolis City Council Meeting. I asked the Mayor and City Council to refine the ordinance to give some leeway for EVs and focus on the non-electric vehicles that are the main problem. I also pointed out that almost a year after the ordinance went into effect that there are still no signs and pavement markings required for enforcement. [testimony video] I submitted written comments explaining the issues in more detail.

The next day, I received an email from the Deputy City Manager who promised to work with City staff to get signs posted and get the spaces marked. However, they didn’t address the concern of the “actively charging” language in the current ordinance.

Yesterday, I submitted comments to the Annapolis Transportation Board, who I understand is a body that can make recommendations to the City Council. I asked the Board to consider making a recommendation to amend the ordinance to focus on penalizing cars that run on gasoline or diesel that are blocking the charging spots.

I suggested that signs could state the spots are for EV charging only but the law shouldn’t penalize them the moment they stop charging. I presented an example of someone charging their car overnight at a hotel. Are they expected to run out at 2:00 AM as soon as the battery is full in order to avoid a violation? My full comments to the Transportation Board and links to the discussion on the original bill are below.

Links to Discussion on Annapolis Anti-ICEing Ordinance O-14-20

Reference:
Annapolis City Ordinance 14-20 Details
Public Safety Committee meeting on 7/6/2020 Video
Transportation Committee meeting on 7/9/2020 Video
Annapolis City Council meeting on 7/13/2020 Video
Transportation Board meeting on 7/20/2020 Video

Maryland Clean Cars Act of 2021 Becomes Law

June 1, 2021June 1, 2021 Lanny

Will Fund Backlog of EV Tax Credit Applications

On May 28, 2021, Governor Hogan announced that he would allow a number of bills to become law without his signature. One of the bills on the list was HB 44, The Clean Cars Act of 2021, which authorizes the state’s EV tax credit funding.

PlugInSites followed the progress of electric vehicle legislation in the Maryland General Assembly this year. About half of the EV-related bills passed. In order to become law, they have to be approved by the Governor. The Governor can either sign the bill or let the bill become law without a signature, simply by not vetoing it.

The Maryland Electric Vehicle Tax Credit

The Clean Cars Act of 2021, as introduced, was to extend the state excise tax credit for Zero Emission Vehicles (ZEVs) for two more years. It also was to fund the backlog of applications from EV purchasers who are on the waitlist from the prior EV tax credit program.

The part of the bill that was to extend the EV excise tax credit was removed 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.

The bill passed with funding to satisfy the backlog of applicants. This is welcome news for the thousands of Maryland residents who have been waiting on their checks of up to $3,000. Some have been waiting for several years.

The law will extend the EV charging equipment rebate as well as increase the annual funding for that program. 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.

For official information about the Maryland Excise Tax Credit for Plug-in Electric Vehicles, visit the MVA Website.

Legislation Tracker

Follow the progress of EV related legislation at the PlugInSites Electric Vehicle Legislation Tracker.

Annapolis Anti-ICEing Ordinance Needs Refinement and Official Signs

May 25, 2021September 28, 2022 Lanny

Signs Not Compliant

The City of Annapolis has an “anti-ICEing” ordinance that requires special signs and green pavement markings in order to be enforced. There continues to be complaints of gas vehicles blocking EV charging stations in the city especially at Pip Moyer Recreation Center where BGE installed a Level 2 station in 2019. The signs there do not comply with the Manual of Uniform Traffic Control Devices (MUTCD) nor with the requirements of the city code.

Could Punish Innocent EV Drivers

The Annapolis anti-ICEing ordinance could potentially punish EV drivers who are not “actively charging” through no fault of their own. If the equipment fails mid charge or someone unplugs your car or you just misjudge the length of time your car needs to charge, Annapolis seems to apply the same $100 penalty for an electric vehicle that may unintentionally not be charging as for a gas guzzling SUV driver that ignores the sign. I am attempting to have the City Council reconsider this and clarify the code and fine schedule. I spoke to the Mayor and City Council via Skype at the May 24, 2021 meeting and submitted the written comments below.

Talking to Annapolis City Council via Skype

Formal Written Comments Delivered to Annapolis City Council on May 24, 2021

Last year the Annapolis City Council passed an ordinance (Code: 12.20.090.B) meant to keep people from blocking electric vehicle charging stations.

In order to be enforced, the EV charging spaces must be designated with signs and pavement markings with the following requirements:

1. Be at least eighteen inches high and twelve inches wide;

2. Be clearly visible to the driver of a motor vehicle entering the plug-in electric drive vehicle charging space;

3. State the maximum fine that may be incurred for a violation; and

4.Meet any applicable state and federal requirements for parking signs. A plug-in electric drive vehicle charging space shall also be indicated by green pavement markings.

I would like to bring to the council’s attention that EV charging stations on City-owned property, including the Pip Moyer Rec. Center, do not have signs that meet these requirements. This consequently means that the ordinance is unenforceable. I’ve seen gas pickup trucks and other non-electric vehicles blocking the charging station at Pip Moyer recently.

But more importantly, the Annapolis ordinance and penalty provisions could unintentionally punish EV drivers who may not be “actively charging” through no fault of their own.

The penalties in the FY 2021 Fines Schedule by Authority: R-27-20 is listed as follows:

Code Reference: 12.20.090.B. Description: Parking reserved for plug-in electric drive vehicles actively charging. Fine for Initial Offense: $100.00. Fine for Repeat or Continuous Violations: $100.00

I respectfully ask the Council to consider refining the language to focus this legislation exclusively on penalizing cars that run on gasoline or diesel that have no reason to be parking in an electric vehicle charging spot.

The wording, “electric drive vehicles actively charging” does not appear in the ordinance itself and there are occasions that an electric vehicle may have just finished charging or the equipment fails or someone unplugs a car that could lead to an electric car driver getting unfairly punished for trying to do the right thing by driving electric.

Thank you. Lanny Hartmann

Maryland Electric Vehicle Legislation Wrap-Up for 2021

April 13, 2021April 15, 2021 Lanny

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

Maryland “Right to Charge” Bill Passes

April 8, 2021September 28, 2022 Lanny

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.

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.

Virginia EV Rebate Legislation Proposed in 2021

January 12, 2021January 19, 2021 Lanny

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.