Please Fix Maryland Anti-ICEing Legislation HB 157

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

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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.

Maryland as an EV Policy Leader

Maryland could distinguish itself as a leader by getting this issue right.

Delegate Kumar Barve is a tremendous supporter of pro-environment legislation. He was awarded Legislator of the Year by the Maryland League of Conservation Voters for his work to permanently ban fracking in Maryland. Delegate Barve is the sponsor of HB 157. He is also an electric vehicle driver. Here is the text asking Delegate Barve for an amendment to his bill so that Maryland’s anti-ICEing law will shine as a model for the nation (the links in this post have been added and were not in the original email):

Letter to Sponsor of HB 157, Delegate Kumar Barve:

Date: Jan 20, 2022, 1:04 PM
Subject: HB157 EV Parking Bill Amendment

Dear Delegate Barve,

Last year I enthusiastically supported your legislation on reserved parking spaces for electric vehicle charging. I was the only witness to call in on Zoom to testify on that bill.

You mentioned that your wife had been blocked from charging her electric car at the Pip Moyer Center because gasoline vehicles were parked there. After hearing your story, I spoke to Mayor Buckley and City Council about those blocked charging stations. I also exchanged emails with the Deputy City Manager. I am now in contact with the Chair of the Annapolis Transportation Board and we are making progress to hopefully resolve that issue.

The bill as filed this year would penalize an electric vehicle that is not “plugged into charging equipment” (for whatever reason) the same as it penalizes a gas car that blocks a charging station (for absolutely no good reason).

My concern is that the enforcement authority cannot know for certain that the electric vehicle was never originally plugged in. The driver may have intended to charge but because of broken equipment, vandalism, or another EV driver stealing the plug, they become no longer “plugged into charging equipment” and thus vulnerable to a violation.

My wife also drives an electric car. She has had people unplug her car on several occasions while her car was charging in a parking garage in Baltimore City. In the most recent incident, the evidence suggested that they may have been attempting to enter the car.

Delegate Barve, I do not want my wife, or your wife, or any EV driver to worry about being penalized if their electric vehicle becomes disconnected while unattended.

Many states simplify the law to apply only to non-electric vehicles. Florida, Illinois, Massachusetts, Connecticut, Hawaii, New Hampshire and Arizona all penalize only the gas cars. Virginia has a bill this session that will only apply to gas vehicles.

Would you be amenable to amending HB157 by striking the text – THAT IS PLUGGED INTO CHARGING EQUIPMENT – on page 2, lines 11 and 12?

Sincerely,

Lanny Hartmann