Plug-In Sites

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.

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

Many plug in vehicle drivers in the Washington, DC area work at federal facilities that don’t allow EV charging. The existing policy is based on a GAO interpretation of law that essentially bans charging stations for employees and contractors, even if they are willing to pay for the equipment and electricity. Congress passed legislation in 2012 to allow the Architect of the Capitol to install charging stations in congressional parking areas but ignored the rest of the federal workforce. Enter the EV-COMUTE Act.

On May 9th, 2014 U.S. Rep. Zoe Lofgren along with Reps. Thomas Massie, Anna G. Eshoo, and Rob Woodall introduced HR 4645, that would allow federal agencies to construct EV charging stations for employees with electric vehicles at no cost to the taxpayer. The EV-COMUTE Act (Electric Vehicle Charging Offers Modern Utility Terminals for Employees Act) is modeled after the program put in place at the U.S. Capitol for commuters to pay a fee to use the charging stations that offsets the costs for both the construction and use of the stations.

Rep. Lofgren said, “I myself drive an electric car and I know they are an important part of improving efficiency and reducing our dependence on fossil fuels. There’s really no reason why government employees shouldn’t be able to pay to charge their vehicles while they work and that’s what this straightforward bill does.”

“The EV-COMUTE Act takes a successful clean energy initiative in place at the U.S. Capitol and expands it to federal agencies nationwide, allowing commuters to plug in their electric vehicles at work for a small fee,” said Rep. Eshoo. “As the nation’s largest employer, the federal government should lead by example in offering workplace charging. Silicon Valley is home to thousands of electric vehicle owners, yet the more than 5,000 federal employees in my congressional district have no access to charging facilities at work because of a quirk in existing law.”

Rep. Massie, an MIT graduate who uses solar power at his Kentucky home and drives an electric car daily in Washington DC, said, “In my personal and public life, I consistently support an all-of-the-above energy strategy for the United States. I’m proud to cosponsor this legislation because it will expand transportation options for many Americans at no cost to taxpayers.” Rep. Massie serves on both the House Transportation and Infrastructure Committee and the Science, Space, and Technology Committee.

Federal employees currently don’t have access to use of paid charging stations at their workplace parking facilities. In fact, agencies are currently prohibited from constructing or even entering into contracts with charging service providers under current law. The EV-COMUTE bill would allow federal agencies to construct and operate battery recharging stations in parking areas used by federal employees. Specifically, the bill would:

• Authorize federal agencies to maintain on a reimbursable basis a battery recharging station for the use of privately owned vehicles of federal employees and others authorized to park at federal facilities.
• Authorize agencies to enter into contracts with vendors to construct, operate and maintain battery recharging stations.
• Authorize agencies to charge appropriate fees to individuals who use the charging stations to ensure the recovery of costs incurred for the installation, construction, operation and maintenance of the stations.

As of May 29, 2014, the bill has been introduced and referred to committee. Rep. Lofgren is trying to build support and gather cosponsors in order to move this bill forward.