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State EV charging workgroup backs reporting, owner accountability and maintenance-plan filing for publicly facing chargers

EVSE Work Group (state technical workgroup) · October 22, 2024
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Summary

A state workgroup agreed that publicly funded and publicly available EV chargers should be registered and report uptime; operators must file a longevity maintenance plan at registration, owners remain responsible for compliance, and MDA/implementing agencies will set timelines for enforcement.

A state technical work group voted on a package of recommendations aimed at improving reliability for publicly available electric vehicle charging stations.

Members agreed that EV charging stations receiving public funds should meet uptime and reliability standards, report performance to the implementing agency and could face financial penalties after an opportunity to fix problems. For DC fast chargers that are publicly available but not publicly funded, the group decided operators must report uptime metrics to the implementing agency but would not face financial penalties for uptime below a 97 percent threshold; the implementing agency will monitor results and report to the legislature.

Why it matters: Public-facing chargers that are unreliable leave drivers stranded and undermine broader electrification goals. The work group, convened to develop a regulatory framework and regulatory text, sought to balance consumer protections with industry capacity.

The group also required that all publicly available EVSE file a "longevity maintenance plan" at registration. That plan is intended as an informative, non‑confidential statement of how the owner/operator will maintain or decommission the asset (examples members cited included a short statement such as "we have an electrician on call"). The work group voted that the plan is to be provided to the implementing agency and publicly available, but it will not require prior agency approval.

On responsibility and customer-facing information, members decided the owner of the charging station should be ultimately responsible for legal compliance while the network operator may be designated to handle day-to-day reporting and customer notifications. Stations should display owner and/or operator contact information so members of the public and agencies can report problems and request repairs.

The group debated whether rules should apply only prospectively or also to existing chargers. Members favored eventual application to existing stations but left the precise timing to the implementing agency. MDOT's proposal to allow up to 18 months for sites to begin reporting received the most votes and will be recorded as the group—s main timeline recommendation while dissenting timelines are noted in the report.

Industry officials warned against imposing heavy obligations on non‑publicly funded chargers, citing recent business failures in the charging market and the need for funding to meet performance requirements. Josh (industry) said that the state should consider funding and incremental data collection rather than immediate penalties, citing recent network exits and financial stress in the sector. Paul (member) argued stronger protections are needed so operators set aside funds to maintain sites if they exit the market.

Weights and measures and metering accuracy: Members supported adopting metering accuracy standards aligned with NIST Handbook 44; MDA said it will hold public listening sessions before drafting implementing regulations. MDA asked for sufficient funding to procure standards and recommended an implementation date of October 1 (with emergency rules possible for July 1) to allow rule drafting and stakeholder feedback.

Budget and implementation: MDOT estimated initial costs to stand up monitoring and implementation functions at about $2.0 million in year one and roughly $1.5 million annually thereafter; MEA and MDA provided preliminary resource observations and warned additional funding would be needed if agencies assume uptime enforcement.

Next steps: The chair will circulate a cleaned draft of the recommendations and seek member votes within 48 hours; unresolved items will be taken up at a follow-up meeting. The group will forward its recommendations and competing timelines to the legislature for final decision.

Quotes that capture the debate include industry remarks that "the state should provide funding" if it imposes requirements on privately funded chargers (Josh) and calls that "the market is not working" and regulators should set clear "guide rails" for entrants (Paul). The work group will present its report to the legislature, including majority and dissenting positions, and leave penalties and precise enforcement levels to implementing agencies and lawmakers.