H255: Regulate EV Charging Stations. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading


AN ACT to regulate electric vehicle charging stations.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 20‑4.01 reads as rewritten:



§ 20‑4.01.  Definitions.



Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:





(7c)      Electric vehicle charging station. – A parking space that is served by charging equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device in an electric vehicle.



(7d)     Reserved for future codification purposes.



(7e)      Reserved for future codification purposes.



(7f)      Reserved for future codification purposes.



(7c)(7g)     Employer. – Any person who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle and would be subject to the alcohol and controlled substance testing provisions of 49 C.F.R. § 382 and also includes any consortium or third‑party administrator administering the alcohol and controlled substance testing program on behalf of owner‑operators subject to the provisions of 49 C.F.R. § 382.



….



SECTION 2.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:



§ 20‑162.4.  Parking in a space designated as an electric vehicle charging station.



(a)        Prohibited Conduct. – No person may park a vehicle in a space designated with a sign as provided in subsection (b) of this section as an electric vehicle charging station located on public property if the vehicle is not connected to the charging equipment. An owner of private property may elect, but shall not be required, to designate an electric vehicle charging station located on the owner's property with a sign as provided in subjection (b) of this section, in which case no person may park a vehicle in the space so designated if the vehicle is not connected to the charging equipment.



(b)        Signage. – A space designated as an electric vehicle charging station must be (i) indicated by vertical signage identifying the station as an electric vehicle charging station and indicating that it is only for electric vehicle charging and (ii) the signage must be consistent with the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation, and any supplement to that Manual adopted by the North Carolina Department of Transportation. A space designated as a parking space for handicapped persons under G.S. 20‑37.6 that is served by charging equipment may not be designated as an electric vehicle charging station subject to restrictions and penalties under this section.



(c)        Penalty. – Any person who commits a violation of subsection (a) of this section is guilty of an infraction and subject to a fine of fifty dollars ($50.00).



(d)       Local Jurisdictions. – Municipalities may authorize by ordinance additional prohibited conduct for parking in a space designated as an electric vehicle charging station and higher penalties than those set out in this section.



(e)        Enforcement. – This section shall be enforced by State, county, city, and other municipal authorities in their respective jurisdictions in the same manner as is used to enforce other parking laws and ordinances.



SECTION 3.  Article 9 of Chapter 143 of the General Statutes is amended by adding a new section to read:



§ 143‑139.5.  Electric vehicle charging station standards.



Electric vehicle charging stations utilizing parking spaces located in parking lots or parking garages shall not displace handicapped accessible parking spaces required by the North Carolina State Building Code.



SECTION 4.  This act becomes effective December 1, 2023, and applies to offenses committed on or after that date.