Maryland Work Group Seeks Legislative Resolution of Whether EV Charging Providers Are Electric Suppliers

A Maryland working group has recommended that the legislature address the issue of whether providers of Electrical Vehicle (EV) charging stations and related services are electric suppliers under the Maryland Public Utilities Article's (PUA) statutory definition.

The working group concluded that determining whether EV service providers are electric suppliers, "is foundationally associated with electric vehicle deployment and infrastructure," and said that it reached a consensus that this matter is ripe for legislative resolution.

"The Working Group expressed concerned that if EV operators are considered suppliers under PUA §1-101(j), it would discourage EV market development in Maryland. While §1-101(j) does not appear to expressly address electric vehicle charging providers as electricity suppliers, the designation remains unsettled. This ambiguity creates uncertainty as to whether or to what extent private companies contemplating investment in EV infrastructure may be subject to Commission jurisdiction. Ultimately, this uncertainty could inhibit the timely investment in EV charging infrastructure in Maryland, which the Working Group agrees is an undesirable outcome," the working group said in a report to the PSC.

The working group recommended that the electricity supplier issue be referred to the Electric Vehicle Infrastructure Council (EVIC) to be addressed through a legislative option.

The working group did conclude that EV charging providers are not public service companies under the statutory definition.

The working group has yet to reach a consensus on a pilot program for EV charging. One option under consideration involves the creation of a pilot program comprised of several individual projects to be proposed by EV stakeholders. This approach would yield a multi-faceted program with an array of projects, giving an overall impression of how EV charging will affect Maryland's utilities and the grid. A second option would be to have the PSC initiate a separate proceeding whose sole focus is the development and implementation of the pilot program.

As the working group has not yet reached a consensus on a pilot, it has also not yet reached any consensus on rate design issues implicated by EV charging.