VACo Supports Electric Vehicle Charging Station Legislation

February 5, 2018

VACo supports Delegate David Bulova’s bill that authorizes localities to locate and operate a retail fee-based electric vehicle charging station on any property it owns or leases.

Legislation in 2011 initially enabled any “person” to operate such a charging station, but there has been confusion in the ensuing years whether this language encompasses local governments. While some localities interpreted this language in the broadest sense and installed their own charging stations, most have not. HB 922 (Bulova) clarifies this uncertainty, stipulating that any locality, public institution of higher education, or the Department of Conservation and Recreation may install such charging stations.  Additionally, the bill exempts these entities from being considered a “public utility” solely because of the sale of electric vehicle charging service or the ownership or operation of an electric vehicle charging station and exempts such service from constituting the retail sale of electricity. Those localities that already installed these stations will be retroactively authorized via this bill’s enabling clause.

VACo worked with Delegate Bulova on an amendment to this bill that removes the requirement that the use of a charging station on local government property be restricted to employees of the locality and authorized visitors. Under the new language, localities are still authorized to enact this restriction at their discretion, though it is no longer mandatory.

House General Laws Committee’s Subcommittee #2 unanimously recommended reporting HB 922. VACo spoke in favor of the bill to the subcommittee and looks forward to supporting HB 922 as it continues to move through the General Assembly.

VACo Contact: Chris McDonald, Esq.

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