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S-0919.3 SUBSTITUTE SENATE BILL 5192 (Corrected Copy) State of Washington 67th Legislature 2021 Regular Session By Senate Transportation (originally sponsored by Senators Das, Lovelett, Carlyle, Kuderer, Nguyen, and Wilson, C.) READ FIRST TIME 02/12/21.
S-0356.1 SENATE BILL 5192 State of Washington 67th Legislature 2021 Regular Session By Senators Das, Lovelett, Carlyle, Kuderer, Nguyen, and Wilson, C.
Read first time 01/13/21.
Referred to Committee on Transportation.
adding new sections to chapter 19.94 RCW;
and adding new sections to chapter 19.94 RCW.
prescribing penalties;
and providing a contingent effective date.
An individual item or lot of any p.
An individual item or lot of any commodity not in packaged form, but on which there is marked a p.
1 SSB 5192 commodity not in packaged form, but on which there is marked a selling price based on established price per unit of weight or of measure, shall be construed to be a commodity in package form.
1 SB 5192 selling price based on established price per unit of weight or of measure, shall be construed to be a commodity in package form.
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(m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, p.
2 SSB 5192 (m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, business trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
2 SB 5192 copartnership, joint venture, club, company, business trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
(u) "Charging session" means an event starting when a user or a vehicle initiates a refueling event and stops when a user or a vehicle ends a refueling event.
3 SSB 5192 (u) "Charging session" means an event starting when a user or a vehicle initiates a refueling event and stops when a user or a vehicle ends a refueling event.
3 SB 5192 (v) "Clearly marked" means, at a minimum, a sign, sticker, plaque, or any other visible marker that is readable, which may include standards from the Americans with disabilities act of 1990, 2010 standards for accessible design.
(v) "Clearly marked" means, at a minimum, a sign, sticker, plaque, or any other visible marker that is readable, which may include standards from the Americans with disabilities act of 1990, 2010 standards for accessible design.
(dd) "Networked electric vehicle supply equipment" means electric vehicle supply equipment capable of receiving and sending commands or messages remotely from an electric vehicle service provider.
4 SSB 5192 (dd) "Networked electric vehicle supply equipment" means electric vehicle supply equipment capable of receiving and sending commands or messages remotely from an electric vehicle service provider.
4 SB 5192 (ee) "Nonnetworked electric vehicle supply equipment" means electric vehicle supply equipment incapable of receiving and sending commands or messages remotely from an electric vehicle service provider, including electric vehicle supply equipment with remote communication capabilities that have been disabled or electric vehicle supply equipment with secondary systems that provide remote communication capabilities that have been installed.
(ee) "Nonnetworked electric vehicle supply equipment" means electric vehicle supply equipment incapable of receiving and sending commands or messages remotely from an electric vehicle service provider, including electric vehicle supply equipment with remote communication capabilities that have been disabled or electric vehicle supply equipment with secondary systems that provide remote communication capabilities that have been installed.
(1) In addition to the definition of publicly available electric vehicle supply equipment provided in RCW 19.94.010 and except for the applicable exemptions in section 3 of this act, electric vehicle supply equipment is considered publicly available and is subject to the requirements of this chapter if:
(1) Except for the applicable exemptions in section 3 of this act, electric vehicle supply equipment is considered publicly available and is subject to the requirements of this chapter if:
(a) A lessee, electric vehicle service provider, or a property owner designates electric vehicle supply equipment to be available only to customers or visitors of a business or charging network;
(a) A lessee or a property owner designates electric vehicle supply equipment to be available only to customers or visitors of a business;
or (c) The electric vehicle supply equipment and associated parking spaces are made available to the public for only limited time periods, then the electric vehicle supply equipment and associated parking spaces are considered publicly available electric vehicle supply equipment during those limited time periods only.
(c) The electric vehicle supply equipment and associated parking spaces are made available to the public for only limited time periods, then the electric vehicle supply equipment and associated parking spaces are considered publicly available electric vehicle supply equipment during those limited time periods only.
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NEW SECTION.
5 SSB 5192 NEW SECTION.
(1) Publicly available electric vehicle supply equipment is exempt from compliance with the requirements of sections 4 through 6 of this act if:
(1) Publicly available electric vehicle supply equipment is exempt from compliance with the requirements of sections 4 and 5 of this act if:
(a) Members of the public may use the electric vehicle supply equipment at no cost, including no charges, fees, memberships, minimum balance on an account, and other cost at all times;
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5 SB 5192 (a) Members of the public may use the electric vehicle supply equipment at no cost, including no charges, fees, memberships, minimum balance on an account, and other cost at all times;
or a residential building adjacent to a private residence;
or a residential building adjacent to a private residence.
(c) Level 2 electric vehicle supply equipment located on or near the curb of a residential electric utility customer's property, directly connected to that residential electric utility customer's meter, and intended to serve only that residential electric utility customer.
(1) By January 1, 2023, the electric vehicle service provider must ensure all publicly available electric vehicle supply equipment is clearly marked and discloses all charges, fees, and costs associated with a charging session at each electric vehicle supply equipment or kiosk used to service that electric vehicle supply p.
(1) By January 1, 2023, the electric vehicle service provider must ensure all publicly available electric vehicle supply equipment is clearly marked and discloses all charges, fees, and costs associated with a charging session at each electric vehicle supply equipment or kiosk used to service that electric vehicle supply equipment.
6 SSB 5192 equipment.
(d) Any potential changes in the price to refuel, in United States dollars per kilowatt-hour or megajoule, due to variable pricing;
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6 SB 5192 (d) Any potential changes in the price to refuel, in United States dollars per kilowatt-hour or megajoule, due to variable pricing;
(c) Minimum required payment methods that are convenient and reasonably support access for all current and future users at publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment p.
(c) Minimum required payment methods that are convenient and reasonably support access for all current and future users at publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment installed in Washington.
7 SSB 5192 installed in Washington.
(ii) A toll-free number on each electric vehicle supply equipment and kiosk used to service that electric vehicle supply equipment that provides the user with the option to initiate a charging session and submit payment at any time that the electric vehicle supply equipment is operational and publicly available;
(ii) A toll-free number on each electric vehicle supply equipment and kiosk used to service that electric vehicle supply equipment that provides the user with the option to initiate a charging session and p.
7 SB 5192 submit payment at any time that the electric vehicle supply equipment is operational and publicly available;
(e) Means for facilitating charging sessions for consumers who are unbanked, underbanked, or low-moderate income, such as accepting prepaid cards through a card reader device.
(e) Means for facilitating charging sessions for consumers who are unbanked, underbanked, or low-moderate income.
(3) For the purpose of this section, "mobile payment" means an electronic fund transfer initiated through a mobile phone or device.
(3) If an electric vehicle service provider sells or intends to sell consumer data collected during or associated with a charging session, the electric vehicle service provider shall disclose all types of data collected to the consumer.
(4) For the purpose of this section, "mobile payment" means an electronic fund transfer initiated through a mobile phone or device.
(2) By July 1, 2022, the department, in consultation with the department of commerce and the Washington utilities and transportation commission, shall adopt rules establishing requirements for all electric vehicle service providers to, at a minimum, meet and maintain nonproprietary interoperability standards for publicly available level 2 electric vehicle supply equipment and direct current fast charger electric vehicle supply equipment and p.
(2) By July 1, 2022, the department, in consultation with the department of commerce and the Washington utilities and transportation commission, shall adopt rules establishing requirements for all electric vehicle service providers to, at a minimum, meet and maintain interoperability standards for publicly available level 2 electric vehicle supply equipment and direct current fast charger electric vehicle supply equipment and shall review and, if necessary, amend the rules every two years, to maintain consistency with evolving technology.
8 SSB 5192 shall review and, if necessary, amend the rules every two years, to maintain consistency with evolving technology.
(3) For the purpose of this section, "interoperability" means the ability of hardware, systems, software, or a communications network provided by one party, vendor, or service provider to interact with p.
The requirements shall not provide that any charging provider must purchase or license proprietary technology or software from any other company, and shall not require that companies maintain interoperability agreements with other companies.
8 SB 5192 or exchange and make use of information, including payment information, between hardware, software, or a communications network provided by a different party, vendor, or service provider.
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(3) For the purpose of this section, "interoperability" means the ability of hardware, software, or a communications network provided by one party, vendor, or service provider to interact with or exchange and make use of information, including payment information, between hardware, software, or a communications network provided by a different party, vendor, or service provider.
(2) By January 1, 2023, electric vehicle service providers must report inventory and payment method information to the national renewable energy laboratory, alternative fuels data center.
(2) By July 1, 2022, the department of commerce, in consultation with the department and the Washington utilities and transportation commission, must adopt rules establishing inventory, payment, and reliability reporting requirements for electric vehicle service providers and shall review and, if necessary, amend the rules every two years, to maintain consistency with evolving technology.
The information must be reported, at a minimum, annually and must include, but is not limited to:
The rules must include requirements for electric vehicle service providers to collect and submit information including, but not limited to:
(a) Electric vehicle service provider information;
(a) Electric vehicle service provider contact information;
(b) Electric vehicle supply equipment inventory for both active and retired, decommissioned, or removed electric vehicle supply equipment in Washington;
(b) Electric vehicle supply equipment model certification for each electric vehicle supply equipment model operated in Washington;
(c) Annual reports detailing electric vehicle supply equipment payment information.
(c) Electric vehicle supply equipment inventory for both active and retired, decommissioned, or removed electric vehicle supply equipment in Washington;
(d) Annual reports detailing electric vehicle supply equipment payment information;
(e) Specifications for reporting data to the national renewable energy laboratory, alternative fuels data center.
9 SSB 5192 (1) Pursuant to RCW 19.94.015, the following annual registration fees shall be charged for each weighing or measuring instrument or device used for commercial purposes in this state:
9 SB 5192 (1) Pursuant to RCW 19.94.015, the following annual registration fees shall be charged for each weighing or measuring instrument or device used for commercial purposes in this state:
$ 16.00 (ii) Intermediate scales "four hundred one pounds to five thousand pounds capacity" .
$ 16.00 (ii) Intermediate scales "four 8 hundred one pounds to five thousand pounds capacity" .
$ .
.1,200.00 (b) Liquid fuel metering devices:
(i) Motor fuel meters with flows of twenty gallons or less per minute .
1,200.00 (b) Liquid fuel metering devices:
(i) Motor fuel meters with flows of twenty gallons or less per minute .
$ .
$ 50.00 (iii) Motor fuel meters with flows over one hundred fifty gallons per minute .
$ .
$ 75.00 (c) Liquid petroleum gas meters:
50.00 (iii) Motor fuel meters with flows over one hundred fifty gallons per minute .
$ .
75.00 (c) Liquid petroleum gas meters:
$ 40.00 (ii) With greater than one inch diameter dispensers .
40.00 (ii) With greater than one inch diameter dispensers .
$ .
$ .
.15.00 (e) Cordage meters .
.15.00 (e) Cordage meters .
$ .
$ 300.00 (g) Taxi meters .
.300.00 (g) Taxi meters .
.40.00 (2) Pursuant to RCW 19.94.015, a reasonable registration fee for electric vehicle supply equipment may be established through rule making to cover the costs associated with enforcing this chapter on electric vehicle supply equipment.
$ 40.00 (2) Pursuant to RCW 19.94.015, a reasonable registration fee for electric vehicle supply equipment may be established through rule making to cover a portion or all of the costs associated with enforcing this chapter on electric vehicle supply equipment.
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The department may consider differential fees to reduce the potential p.
10 SB 5192 (3) With the exception of subsection (((3))) (4) of this section, no person shall be required to pay more than the annual registration fee for any weighing or measuring instrument or device in any one year.
10 SSB 5192 burden of the registration fee for electric vehicle service providers operating less than 25 publicly available electric vehicle supply equipment in Washington.
(3) With the exception of subsection (((3))) (4) of this section, no person shall be required to pay more than the annual registration fee for any weighing or measuring instrument or device in any one year.
(b) The establishment of technical test procedures to be followed, any necessary report and record forms, and marks of rejection to be used by the director and city sealers in the discharge of their official duties as required by this chapter;
11 SSB 5192 (b) The establishment of technical test procedures to be followed, any necessary report and record forms, and marks of rejection to be used by the director and city sealers in the discharge of their official duties as required by this chapter;
11 SB 5192 (c) The establishment of technical test procedures, reporting procedures, and any necessary record and reporting forms to be used by service agents when testing and inspecting instruments or devices under RCW 19.94.255(3) or when otherwise installing, repairing, inspecting, or standardizing the graduations of any weighing or measuring instruments or devices;
(c) The establishment of technical test procedures, reporting procedures, and any necessary record and reporting forms to be used by service agents when testing and inspecting instruments or devices under RCW 19.94.255(3) or when otherwise installing, repairing, inspecting, or standardizing the graduations of any weighing or measuring instruments or devices;
and p.
and (i) Packaging, labeling, and method of sale of commodities that must be consistent with the most recent edition of the national institute of standards and technology handbook 44 and 130 (for legal metrology and engine fuel quality) except where modified to achieve state objectives.
12 SSB 5192 (i) Packaging, labeling, and method of sale of commodities that must be consistent with the most recent edition of the national institute of standards and technology handbook 44 and 130 (for legal metrology and engine fuel quality) except where modified to achieve state objectives.
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(5) Rules adopted under this section must also include specifications and tolerances for the acceptable range of accuracy required of weighing or measuring instruments or devices and must be designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as closely as practicable to official specifications and tolerances, those that:
12 SB 5192 (5) Rules adopted under this section must also include specifications and tolerances for the acceptable range of accuracy required of weighing or measuring instruments or devices and must be designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as closely as practicable to official specifications and tolerances, those that:
(6) Rules adopted by the director related to the sale of electricity sold as a vehicle fuel and electric vehicle fueling systems may be modified to achieve state objectives, reviewed, and, if necessary, amended every two years, to maintain consistency with evolving technology.
(6) By January 1, 2023, the director must adopt rules related to the sale of electricity sold as a vehicle fuel and electric vehicle fueling systems consistent with the most recent edition of the national institute of standards and technology handbook 130 and handbook 44, except where modified to achieve state objectives, and must review and, if necessary, amend the rules utilizing a public stakeholder process and providing the public advance notice for any proposed modifications every two years, to maintain consistency with evolving technology.
To ensure existing infrastructure may continue operating without substantial equipment replacement or alteration, electric vehicle supply equipment installed and placed into service before January 1, 2024, is exempt from the rules specifically related to metering accuracy requirements until January 1, 2034.
Electric vehicle supply equipment that is replaced or retrofitted with new hardware after January 1, 2024, must be considered as having been installed and placed into service after January 1, 2024.
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Penalty Small weighing or measuring instruments or devices:
13 SSB 5192 Penalty Small weighing or measuring instruments or devices:
.200.00 Secondor subsequent violation within one year of first violation .
.200.00 Secondor subsequent violation within one year of first violatio$ .
$ 500.00 Medium weighing or measuring instruments or devices:
500.00 Medium weighing or measuring instruments or devices:
.400.00 Secondor subsequent violation within one year of first violatio$ .
.400.00 p.
13 SB 5192 Secondor subsequent violation within one year 3 of first violatio$ .
First violation .
$ 500.00 Secondor subsequent violation within one year of first violatio$ .
.2,000.00 Electric vehicle fuel measuring instruments or devices:
.500.00 Secondor subsequent violation within one year of first violation .
.200.00 Secondor subsequent violation within one year of first violation .
$ 2,000.00 Electric vehicle fuel measuring instruments or devices:
$ 500.00 (2) For the purposes of this section:
First violation .$.
.200.00 Secondor subsequent violation within one year of first violatio$ .
500.00 (2) For the purposes of this section:
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(3) The weighing or measuring instrument or device owner may appeal the civil penalty.
14 SSB 5192 (3) The weighing or measuring instrument or device owner may appeal the civil penalty.
NEW SECTION.
A new section is added to chapter 19.94 RCW to read as follows:
(1) An electric vehicle service provider that fails to meet the requirements established under sections 4 through 6 of this act, or any rule adopted pursuant to the authority granted to the department under sections 4 through 6 of this act, is subject to a civil penalty of $200 per electric vehicle supply equipment for the first violation and $500 per electric vehicle supply equipment for each subsequent violation within one year of the first violation.
(2) Moneys collected under this section must first be used to cover the department's costs to enforce this section.
Any remaining moneys must be deposited into the electric vehicle account created in RCW 82.44.200.
Sec.
12.
(1) ((An)) Publicly available electric vehicle ((charging station)) supply equipment must be indicated by vertical signage identifying the station as ((an)) publicly available electric vehicle ((charging station)) supply equipment and indicating that it is only for electric vehicle charging.
(1) An electric vehicle charging station must be indicated by vertical signage identifying the station as an electric vehicle charging station and indicating that it is only for electric vehicle charging.
The signage must be consistent with the manual on uniform traffic control devices, as adopted by the department of transportation under RCW 47.36.030, and contain the information required in section 4 of this act.
The signage must be consistent with the manual on uniform p.
((Additionally, the electric vehicle charging station must be indicated by green pavement markings.)) Supplementary signage may be posted to provide additional information including, but not limited to, the amount of the monetary penalty under subsection (2) of this section for parking in the station while not connected to the charging equipment.
14 SB 5192 traffic control devices, as adopted by the department of transportation under RCW 47.36.030.
(2) It is a parking infraction, with a monetary penalty of one hundred twenty-four dollars, for any person to park a vehicle in ((an electric vehicle charging station provided on public or private property)) a parking space served by publicly available electric vehicle supply equipment if the vehicle is not connected to the charging equipment.
Additionally, the electric vehicle charging station must be indicated by green pavement markings.
Supplementary signage may be posted to provide additional information including, but not limited to, the amount of the monetary penalty under subsection (2) of this section for parking in the station while not connected to the charging equipment.
An electric vehicle charging station must comply with the requirements in sections 2 through 5 of this act.
(2) It is a parking infraction, with a monetary penalty of one hundred twenty-four dollars, for any person to park a vehicle in an electric vehicle charging station provided on public or private property if the vehicle is not connected to the charging equipment.
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(3) For purposes of this section, "electric vehicle charging station" means a public or private 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.
15 SSB 5192 (3) For purposes of this section, "publicly available electric vehicle ((charging station" means a public or private 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)) supply equipment" has the same meaning as provided in RCW 19.94.010 and described in sections 2 and 3 of this act.
NEW SECTION.
Sec.
13.
A new section is added to chapter 19.94 RCW to read as follows:
If an electric vehicle service provider sells or intends to sell consumer data collected during or associated with a charging session, the electric vehicle service provider shall disclose all types of data collected to the consumer.
NEW SECTION.
Sec.
14.
Section 13 of this act takes effect only if chapter .
(Substitute Senate Bill No.
5062), Laws of 2021 is not enacted by June 30, 2021.
16 SSB 5192
15 SB 5192
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