Plug-In Sites

On Friday July 25, 2014 the County Council of Howard County, Maryland passed bill CB36-2014, which basically prohibits what EV drivers call ICEing at charging stations that have been designated with an official sign reserving the space exclusively for plug-in vehicles.

The bill was introduced by my county council representative, Jen Terrasa, and passed 4-0 with one council member recusing himself. When this bill goes into effect 61 days after enactment, it will mean that a vehicle that is not a plug-in that is parked at a charging station with an official parking control sign that conforms to applicable standards can be ticketed or towed in Howard County. The key part of this is that an official sign MUST be in place for the law to apply. As council member Terrasa pointed out during the vote, the decision is left up to the property owner whether they want to erect the signs to assign the parking spots as exclusive to plug-in vehicles and therefore make it enforceable.

Howard County wasted no time in putting up the required signs. The vote was on Friday afternoon and less than 24 hours later on Saturday, all the EV charging stations on County property had signs that read, “Electric Vehicles Charging Only” and many also had the parking spots painted green with “Electric Vehicle Charging Station” stenciled on the pavement. Perhaps the signs were previously planned and it was a coincidence or the county had an incredibly fast response in anticipation of the new law.

Passage of the bill is only the first stage. In order for the law to be effective, private property owners will have to be convinced to place official regulatory signs where ICEing is a problem. Without those signs, the law will be meaningless. I already have several sites in mind that could use signs to discourage ICEing.

Howard County is the second in the state of Maryland to pass such a law and the county has demonstrated leadership in initiatives to help the adoption of plug-in vehicles. Special thanks to District 3 Council Member Terrasa and her Special Assistant, Jamie Shopland, who worked diligently on this bill. I kept in contact with them throughout the drafting of the bill and when I saw language requiring that the vehicle be plugged in and actively charging, I pointed out the problems with that (as articulated by Plug In America, Chelsea Sexton and other EV advocates with California AB475) and the language was removed before the bill was introduced. I appreciate that responsiveness to our concerns.

There was a great turnout of EV drivers at the public comment session in front of the council. (here is a video of the testimony) And many people wrote letters of support to the council which demonstrates that there is a constituency that cares about issues involving plug-in electric vehicles.

@Lanny

“ICEd.” It’s a term that stirs up EV drivers. To find a spot ICEd means that a vehicle with an Internal Combustion Engine, or ICE, is blocking access to a charging station.

The problem of gasoline powered vehicles parking in front of electric vehicle charging stations has been an issue at some locations in Howard County, Maryland where I live. To gain an understanding of the problem, one can view the reports on PlugShare, a popular app used to review EV charging sites, and see comments that note the driver couldn’t plug in because the station was ICEd. Many of these reports of being ICEd are at stations located on property owned by the Columbia Association.

I have written to Columbia Association (CA) officials several times expressing my gratitude for the charging stations but also suggesting that they take steps to ensure that the parking spots adjacent to them remain available for plug-in vehicles to use. I’ve suggested placing appropriate signage to discourage non plug in vehicles from parking there. They’ve responded that part of the reason for not erecting official no parking signs at the stations is the lack of legislation that allows for enforcement.

Ensuring access to charging stations is a relevant policy issue because many of those public stations were funded with tax payer money. It is my understanding that the charging stations on CA property were partly funded through a US Department of Energy grant. The cost of installing Level 2 public charging stations is generally between $6,000 and $10,000 each. That investment goes to waste each time they are not accessible for their intended use.

There is a history of attempts at legislation to address this problem in the Maryland General Assembly. In the 2012 session, Delegate Guy Guzzone, who represents my district, co-sponsored HB108. I wrote and offered input and support for that bill but HB108 didn’t pass.

In 2013, a similar bill HB1149 was introduced but it also failed to move through.

Earlier this year, Delegate Frank Turner, who also represents my district, co-sponsored HB1020 which died after an unfavorable report in the House Environmental Matters Committee.

Meanwhile, Montgomery County passed a law (bill 32-13) which is the first in the state of Maryland to deal with the issue of ICEing. I was the only person to attend the public comment session and testify in support of the Montgomery County bill. The bill ended up passing unanimously and the law became effective on June 11, 2014.

After the state bill failed for the third year in a row, I contacted my Howard County Council representative for District 3, Jen Terrasa, and explained the problem that plug in vehicle drivers face and asked her to propose a law to address this in Howard County. I provided links to resources including the Montgomery County bill, the text of Maryland bill HB1020 and a report from the Maryland Electric Vehicle Infrastructure Council.

I also cautioned against some factors that might sound good on the surface but actually have unintended consequences. One of those is requiring the vehicle to be plugged in or charging while parked at a charging station. Experienced EV advocates including Chelesa Sexton, from the movie “Who Killed the Electric Car,” fought against that provision in California AB 475. The argument against language requiring vehicles to remain connected is that no matter how or why your electric vehicle becomes unplugged, it can be towed, even if you can prove that you were connected to begin with.

Councilwoman Terrasa also heard from other Maryland EV drivers who have experienced being ICEd and who supported the introduction of legislation to deal with the issue.

On June 26, 2014, Councilwoman Terrasa filed CB36-2014 to reserve parking at charging stations that are designated with certain signage for plug in vehicles only.

The current text of the bill is located here. In my opinion, it covers all the bases without any of the well-meaning language that could cause difficulties in actual practice.

The bill uses the harmonized definition of a plug in vehicle used by the state which includes cars that have been converted from gasoline to electric. It will apply to private property but only if the property owner elects to erect an official sign. It does not require a plug in car to be charging or plugged in which could prevent plug swapping or leave an innocent driver susceptible to a fine or towing if someone unplugs their car without authorization. Time limits can be imposed to deal with squatters where necessary. And let’s face it, the real problem is not so much other plug in drivers, it is the gas cars parking at charging stations that needs to be solved.

According to the Maryland MVA, there are 252 plug in vehicles in Howard County as of December 2013. That ranks the county third in the state. There are over 35 public charging stations at 13 sites in the county.

Howard County Government is a huge supporter of EVs. They installed the first public charging stations in the county in 2011 at the Dorsey Building. They have a number of plug in vehicles in their fleet including a Nissan Leaf used by the Sheriff’s department. And recently they installed four more charging stations at the George Howard building where the County Council meets.

The Howard County Council will receive public comment on the bill on July 21, 2014, at 6:30 PM in the Banneker Room of the George Howard Building located at 3430 Courthouse Drive, Ellicott City, MD 21043.

I have already signed up to testify in support of the bill at the public hearing. If you are interested in joining me, you can sign-up in person the night of the hearing, or online by clicking here. You may also submit written testimony, comments or questions to Councilwoman Jen Terrasa or to the entire Council. See this contact page.

The Council is expected to vote on CB36 on July 25, 2014.

@Lanny

In May 2014, the Maryland Electric Vehicles and Recharging Equipment-Rebates and Tax Credits bill (HB 1345/SB 908) was signed into law to provide incentives to expand the purchase of electric vehicles and recharging stations.

Through the program established by the bill, residents, governments and businesses can acquire a state rebate for purchasing and installing an electric vehicle charging station, also known as Electric Vehicle Supply Equipment (EVSE).

In order to receive a rebate, eligible participants must apply with the Maryland Energy Administration (MEA) which will issue rebates on a first-come, first-served basis. The EVSE Rebate Program is for systems purchased and installed on or after July 1, 2014, but before June 30, 2017.

Full details on the EVSE Rebate Program and forms are available on the Maryland Energy Administration website.

A Montgomery County, Maryland law that makes it illegal to ICE a public charging station went into effect on  June 11, 2014.

Here is the relevant portion of the new law.

Montgomery County Code
§ 31-26B. Parking spaces reserved for a plug-in vehicle.
(c) A person may not stop, stand, or park a vehicle that is not a plug-in vehicle in a space that:
(1) is marked for use of plug-in vehicles with an official sign that conforms to regulations adopted pursuant to Section 31-23; and
(2) provides access to a plug-in vehicle recharging station.

This law was a long time coming. A version of this bill was introduced in the Maryland General Assembly in 2012 as HB 108. One of my state delegates, Guy Guzzone,  was a co-sponsor of that bill but it died. A similar bill introduced in 2013 as HB 1149 also died. Finally, the prime sponsor of those two Maryland House Bills, Eric Luedtke of Montgomery County, suggested that County Council member Hans Riemer take up the cause and sponsor legislation in the County based on the stalled state bills.

When the day rolled around for public comment, I went before the Montgomery County Council and testified in support of the bill. I told them about my experience as an EV driver being blocked from using a charging station.

The Montgomery County Council passed the bill unanimously.

So what does this law mean for us? Will it apply on private property? I’m not a lawyer so these answers are based on my understanding of the bill and my familiarity with the discussion surrounding it. As I understand, this will be enforceable on publicly accessible private property similar to how handicapped parking is enforced there.

What will the penalty be? A fine of less than $100. No provision to tow.

Does there have to be a sign? Yes, it has to be an official sign. Signs must conform in design, color, size, and placement to the standards established in the most recent edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways.”

How many charging stations in Montgomery County have the proper “official sign” installed? None that I know of yet.

Will the police actually write tickets? That is yet to be determined. Presumably they will if they receive a complaint. But my wish is that awareness of the new law will provide enough deterrent to make those who would ICE a charging station to think twice before doing so.

Below is the text of a dear colleague letter circulated by Representative Zoe Lofgren and other initial sponsors of the EV-COMUTE Act to other Members of Congress asking for their support.

Support commuter choice!
Co Sponsor the EV–COMUTE Act.Dear Colleague,

Please join us in cosponsoring HR 4645, the bipartisan Electric Vehicle Charging Offers Modern Utility Terminals for Employees (EV-COMUTE) Act, to make federal workplaces more efficient and flexible.

Currently, if Members of Congress and their staff choose to drive an electric vehicle to work at the U.S. Capitol, they have the option to pay a fee to plug in their vehicle so that it will be fully charged and ready to go when they are ready to leave. Your constituents, who work at Federal agencies, cannot do this. Unlike Congress—who approved electric vehicle recharging at the U.S. Capitol complex with strong bipartisan support in the House and Senate—Federal agencies are barred from doing so.

Join us in cosponsoring this simple and straightforward bill to correct this disparity. If Federal agencies choose to provide access for electric-vehicle charging to their employees, they should have the authorization to do so. This bill provides that authorization, as long as the agency provides charging at no cost to the taxpayer.

This bill:

• gives agencies flexibility as to whether and how to provide charging, including through outside contractors;
• will allow Federal employees more options in how they commute to work;
• will provide an example for other employers to take similar steps;
• provides a small step towards cleaner air, a healthier planet, reduced reliance on foreign sources of oil, and more personal freedom, and,
• does so at no cost to the taxpayer because it does not authorize any new funds as agencies must recover all their costs.

Please join us in this common sense step to improving options for federal employees. For more information, or to join us as a cosponsor, please contact Ben Gutman with Rep. Lofgren at [contact info].

Sincerely,

Zoe Lofgren, Thomas Massie, Anna G. Eshoo, Rob Woodall