HB 883: Commerce and trade; standards for display of electricity dispensed by electric vehicle charging stations; revise and provide

House Bill 883

By: Representative Jasperse of the 11th

A BILL TO BE ENTITLED

AN ACT

To amend Article 8A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to electric vehicle charging stations, so as to revise and provide for standards for display of electricity dispensed by electric vehicle charging stations; to provide for standards and conditions for annual registration of electric vehicle charging stations with the Department of Agriculture; to provide for registration fees; to provide for inspections for safety; to provide for authority to seek an injunction for electric vehicle charging stations delivering inaccurate measures; to provide for condemnation of electric vehicle charging stations that present a public safety hazard; to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel tax, so as to provide for an exception for collection of motor fuel taxes relative to electricity delivered by certain electric vehicle charging stations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 8A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to electric vehicle charging stations, is amended by revising Code Section 10-1-222, relating to charging stations to be capable of measuring and displaying amount of electricity delivered and annual registration, as follows:

"10-1-222.

(a)(1)(A) All electric vehicle charging stations that deliver electricity to a consumer for consideration of payment shall be capable of accurately measuring and prominently displaying the amount of electricity delivered to each electric vehicle on a per kilowatt-hour basis, either directly upon the station or remotely through the use of a digital network. Such stations shall be further equipped with meters to record the total kilowatt-hours dispensed.

(B) All electric vehicle charging stations installed for operation on or after January 1, 2026, shall be capable of accurately measuring and prominently displaying the amount of electricity delivered to each electric vehicle on a per kilowatt-hour basis, either directly upon the station or remotely through the use of a digital network. Such stations shall be further equipped with meters to record the total kilowatt-hours dispensed.

(2) All electric vehicle charging stations that deliver electricity by alternating current and for no consideration of payment in operation prior to January 1, 2026, shall be capable of prominently displaying when the maximum needed amount of electricity has been delivered to an electric vehicle, either directly upon the station or remotely through the use of a digital network.

(b) All electric vehicle charging stations shall be subject to inspection as provided for in this article. Prior to operation of any electric vehicle charging station and annually thereafter, an electric vehicle charging provider shall register with the Commissioner in the form and manner prescribed by such Commissioner. Such registration shall include the:

(1) The location of the electric vehicle charging station;

(2) Whether the electricity to be provided will be in exchange for consideration of payment;

(3) The date of first operation of the electric vehicle charging station;

(4) The the name, brand, or manufacturer of the type of electric vehicle charging station, together with the name and address thereof; and

(5) Certification certification that the electric vehicle charging station is in conformity with the specifications established pursuant to this article by the Commissioner.

(c) Upon compliance with the requirements of this Code section, a certificate of registration shall be issued:

(1) For an electric vehicle charging station described in paragraph (1) of subsection (a) of this Code section, upon payment of an annual registration fee of $250.00; or

(2) For an electric vehicle charging station described in paragraph (2) of subsection (a) of this Code section, upon payment of an annual registration fee of $50.00. (d) Certificates of registration issued by the Commissioner pursuant to this Code section shall be posted in a prominent and accessible place upon the electric vehicle charging station."

SECTION 2.

Said article is further amended by revising Code Section 10-1-224, relating to inspection of stations, accurate stations, seal of accurate stations, condemnation of inaccurate stations, secrete manipulation prohibited, and regulatory authority, as follows:

"10-1-224.

(a) Electric vehicle charging station inspectors shall inspect all electric vehicle charging stations located in the territory assigned to them.

(b) All electric vehicle charging stations that deliver electricity to a consumer for consideration of payment found to be giving accurate measure of the amount of electricity delivered within the tolerance established by regulations of the Commissioner shall have the electric vehicle charging station sealed with an official seal applied by an inspector duly authorized by the Commissioner.

(c)(1) If any electric vehicle charging station that delivers electricity to a consumer for consideration of payment shall be found to be giving inaccurate measure of the amount of electricity delivered in excess of the tolerance established by regulations of the Commissioner, the inspector shall then and there immediately notify the electric vehicle charging provider, whether owner or lessee. Should the electric vehicle charging provider in receipt of notice pursuant to this paragraph fail or refuse to then and there immediately make such adjustments as shall be necessary to bring the measure within the allowed variation, the same Commissioner shall be authorized to apply to the superior court having jurisdiction over the electric vehicle charging provider for an injunction against the continuance of any such violations. The appropriate superior court shall have jurisdiction, upon hearing and for cause shown, to grant such temporary or permanent injunction restraining further violations as the circumstances appear to require.

(2) If any electric vehicle charging station shall be found to be in unsafe condition pursuant to standards established by regulations of the Commissioner, the inspector shall immediately notify the electric vehicle charging provider, whether owner or lessee. Should the electric vehicle charging provider in receipt of notice pursuant to this paragraph fail or refuse to immediately make such adjustments as shall be necessary to bring the electric vehicle charging station into compliance with safety rules or regulations such electric vehicle charging station shall be condemned and rendered inoperable immediately by the examining inspector examining the same; and such electric vehicle charging station shall not again be operated without the written consent of the Commissioner. Inspectors shall be required to report to the Commissioner immediately the name and number of any electric vehicle charging station condemned and rendered inoperable pursuant to this paragraph.

(d) When any electric vehicle charging station is condemned under this article paragraph (1) of subsection (c) of this Code section by any inspector, it shall be the duty of the inspector immediately to make affidavit before the judge of the probate court of the county in which the electric vehicle charging station is located that such station is being operated contrary to law by the electric vehicle charging provider who shall be named in the affidavit. Thereupon the judge of the probate court shall issue an order to the electric vehicle charging provider named in the affidavit to show cause before him or her on the day named in the order, not more than ten days nor fewer than three days from the issuance of the order, why the electric vehicle charging station should not be forfeited, confiscated to the state, and dismantled. On such day named in the order, it shall be the duty of the judge of the probate court to hear the respective parties and to determine whether or not the electric vehicle charging station has been operated contrary to the provisions of this article. If the judge of the probate court finds that the electric vehicle charging station has been so operated, he or she shall forthwith issue an order adjudging the electric vehicle charging station to be forfeited and confiscated to the state and directing the sheriff of the county to dismantle the electric vehicle charging station and take it into his or her possession, and, after ten days' notice by posting or publication, as the court may direct, to sell the electric vehicle charging station to the highest bidder for cash. The proceeds of sale, or as much thereof as may be necessary, shall be used by the sheriff, first, to pay the costs associated with sale, which shall be the same as in cases of attachment, and the sheriff shall thereupon pay over and deliver the residue, if any, to the person from whose possession the electric vehicle charging station has been taken.

(e) It shall be unlawful to install or operate any electric vehicle charging station which can be secretly manipulated in such manner as to give short measure. Such inaccurate or that is in violation of any rule or regulation of the Commissioner relating to safe operation of electric vehicle charging stations. An unsafe electric vehicle charging station shall be condemned as provided in this Code section, and thereafter it shall be unlawful for any person to resell dispense any electricity from such electric vehicle charging station until such station has been made or altered to comply with this article and has been inspected and approved for service by the inspector.

(f) It shall be unlawful for anyone to remove a seal applied by an inspector to an electric vehicle charging station without first securing consent of the Commissioner, whose consent may be given through one of the duly authorized inspectors.

(g) The department shall have the power to implement rules and regulations necessary to carry out the inspections of electric vehicle charging stations as provided for by this Code section."

SECTION 3.

Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel tax, is amended in Code Section 48-9-2, relating to definitions relative to motor fuel tax, by revising subparagraph (G) of paragraph (5) as follows: "(G) Consumes, uses, or sells electricity as a motor fuel through an electric vehicle charging station for both highway and nonhighway use; provided, however, that such term shall not include any electric vehicle charging stations that deliver electricity by alternating current and for no consideration of payment in operation prior to January 1, 2026;"

SECTION 4.

Said article is further amended in Code Section 48-9-3, relating to levy of excise tax, rate, taxation of motor fuels not commonly sold or measured by gallon, rate, prohibition of tax on motor fuel by political subdivisions, exception, and exempted sales, by revising paragraph (2) of subsection (a) and subdivision (b)(7)(B)(ii)(I) as follows: "(2) In the event any motor fuels which are not commonly sold or measured by the gallon or which are not otherwise provided for by this Code section are used in any motor vehicles on the public highways of this state, the commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as the commissioner may promulgate, in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline; provided, however, that no tax shall be collected upon such fuel dispensed from an electric vehicle charging station that delivers electricity by alternating current and for which no consideration of payment is exchanged that is in operation prior to January 1, 2026. Any determination by the commissioner of the power potential equivalent of such motor fuels shall be prima-facie correct. Upon each such quantity of such fuels used upon the public highways of this state, a tax at the same rate per gallon imposed on motor fuel under paragraph (1) of this subsection shall be assessed and collected."

"(ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, and any special fuel delivered from an electric vehicle charging station, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel, or (2) such fuel dispensed is from an electric vehicle charging station that delivers electricity by alternating current and for which no consideration of payment is exchanged that is in operation prior to January 1, 2026, or an exemption certificate has been obtained on forms furnished by the Department of Revenue showing that there is no highway use of such fuels and the person obtaining such fuel is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section

48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must shall be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel."

SECTION 5.

This Act shall become effective on January 1, 2026.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.