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Electric vehicle charging legislation becomes law

Legislation that authorizes localities to locate and operate a retail fee-based electric vehicle charging station on any property it owns or leases has been signed into law by Governor Ralph Northam.

SB 908 (McClellan) and HB 922 (Bulova) authorize any locality, public institution of higher education, or the Department of Conservation and Recreation (DCR) to locate and operate a retail fee-based electric vehicle charging station on property such entity owns or leases. The legislation also allows a locality to limit the use of a retail fee-based electric vehicle charging station on its property to employees of the locality and authorized visitors and to install signage that provides notice of such restriction.

SB 908 and HB 922 were drafted to fix uncertainty created by 2011 legislation that initially enabled any “person” to operate such a fee-based charging station.  In the ensuing years, some localities interpreted this language in the broadest sense and installed their own fee-based charging stations, while other localities did not believe they were authorized to do so.

VACo worked with Delegate David Bulova and Senator Jennifer McClellan to amend the initial bill that removed the requirement that the use of a charging station on local government property be restricted to employees of the locality and authorized visitors and instead retained this as a local option.  We are grateful for their hard work in addressing these important issues and were pleased to support the bills throughout the 2018 General Assembly session.

SB 908 was signed by Governor Northam on March 9, 2018, and will take effect July 1, 2018.

VACo Contact: Chris McDonald, Esq.

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