Take Action for EV Charging!

Maryland’s utilities are well established in the EV charging market, having received permission from the Maryland Public Service Commission (MPSC) to own and operate hundreds of EV charging stations through their Phase I EV Portfolios. These utility-owned and ratepayer funded chargers are stifling private investment as businesses cannot rationally invest in EV charging services to compete with regulated monopolies on such an unlevel playing field. Last year, CAP testified before the MPSC and submitted comments during their evaluation of the utility Phase I Portfolios. The MPSC recognized CAP’s concerns about unfair competition from utility-owned stations and directed the state’s utilities to cease developing new charging stations. The MPSC also stated that the body was not likely to approve utility-owned chargers during Phase II.

At the end of 2024, Maryland’s utilities (BGE, Pepco, Delmarva Power, Potomac Edison and SMECO) all filed their Phase II Electric Vehicle Portfolios in Case No. 9478. While these Phase II Portfolios did not include requests from the utilities to build new chargers, all of the utilities requested additional ratepayer funds to support the continued operation, maintenance and other costs associated with their existing charging networks.

While it is a step in the right direction that the utilities are not seeking to build additional EV chargers, major anti-competitive concerns remain. Private entities competing with Maryland’s utilities in the EV charging market cannot use ratepayer funds to pay for their charger operating costs and their maintenance, software and network costs, instead they must recover these costs from EV drivers. Allowing Maryland’s utilities to continue to spread the costs of unfair competition across their rate base will continue to undermine the competitive market and dissuade private investment.

We encourage CAP members to urge the MPSC to deny the utilities’ request to continue using ratepayer funds for the operating costs of utility-owned chargers. Comments are due on March 28, 2025, and there will be a legislative-style hearing to review the comments on April 9, 2025. The Phase II proposals can be found in the docket for Case 9478, and information on submitting comments can be found in the January 21, 2025, Notice of Hearing and Opportunity to Comment in this docket.

Senate Bill 106 will help solve issues currently discouraging private investment in Ohio’s EV charging market. SB 106 will prohibit electric utilities from using ratepayer funds to purchase, own and operate EV chargers for the next five years. This will still allow utilities to compete in the EV charging space so long as they do so through a separate subsidiary subject to the same rates, terms and conditions that apply to all EV charging providers. After the initial five years have passed, a right-of-first-refusal process will be implemented to ensure private entities have the opportunity to serve certain areas before utilities are authorized to do so and to protect privately owned chargers from unfair competition. This bill has been referred to the Senate Committee on Public Utilities.

CAP is organizing a coalition letter in support of this legislation for members and other supporters to sign. You can view the coalition letter here. We will send this letter to relevant committees and legislators as SB 106 advances through the legislative process. The more companies and organizations that we have signed on the better! Please let us know as soon as possible if we can add your company or organization’s logo to the bottom of this letter by reaching out here.

South Carolina Senate Bill 275 includes provisions which will help break down barriers to private investment in EV charging, namely the threat of unfair competition from electric utility companies. This bill will prohibit electric utilities from using ratepayer funds to compete in the EV charging market and require any utilities that choose to enter this market to do so on a level playing field under the same rates, terms and conditions available to private EV charging operators. The bill advanced from the Senate on February 27 and is now in the House Committee on Labor, Commerce and Industry.

CAP is organizing a coalition letter in support of this legislation for members and other supporters to sign. You can view the coalition letter here. We will send this letter to relevant committees and legislators as S. 275 advances through the legislative process. The more companies and organizations that we have signed on the better! Please let us know as soon as possible if we can add your company or organization’s logo to the bottom of this letter by reaching out here.

There is legislation in New Jersey that will help address demand charges and provide the transparency and certainty necessary for those considering investing in electric vehicle (EV) charging. Assembly Bill 4624 would require electric utilities to file rates with the Board of Public Utilities that would utilize alternatives to both traditional demand-based rate structures and capacity demand charges and accelerate third-party investment in EV charging infrastructure. A4624 received a favorable vote from the Assembly Transportation and Independent Authorities Committee on September 19, 2024 and has been referred to the Assembly Telecommunications and Utilities Committee. There is also a Senate version of this bill, S256, which was introduced earlier this year but has not moved yet.

This legislation presents an excellent opportunity to advocate for rate structures that will help mitigate demand charges and create the transparent pricing system necessary for a competitive EV charging market. CAP sent a letter of support for this legislation ahead of the first committee hearing and plan to do so again at future opportunities. We encourage members with operations in New Jersey to consider expressing their support well. Should you wish to submit comments and need assistance please do not hesitate to reach out.