D.C. Act 25-625. Comprehensive Electric Vehicle Infrastructure Access, Readiness, and Sustainability Amendment Act of 2024.
AN ACT
To amend the Department of Transportation Establishment Act of 2002 to require applicants for certain permits to install electric vehicle charging ports to provide certain data to the District Department of Transportation and the Department of Energy and Environment and, subject to federal law, use companies eligible to become certified business enterprises for 35% of the installation and maintenance of the electric vehicle charging ports, to establish the Neighborhood Electric Vehicle Charging Pilot Program to increase electric vehicle charging infrastructure in communities across the District that lack access, and to require the implementation of a public education campaign to inform District residents and businesses about the availability and benefits of electric vehicle charging infrastructure and the benefits of electric vehicle adoption; to amend the District Department of the Environment Establishment Act of 2005 to require the Department of Energy and Environment to develop and make publicly accessible an Electric Vehicle Infrastructure Deployment and Management Plan to regularly assess the District's readiness and capacity to support electric vehicle charging, to maximize utilization of electric vehicle charging ports to achieve a number or ports equal to at least 5% of District-registered vehicles by 2027, to require the establishment of electric vehicle charging port standards to ensure accessibility and interoperability to ensure charging reliability, and to establish the Electric Vehicle Charging Incentive Program; to amend the Green Building Act of 2006 to add definitions for electric vehicle-installed and electric vehicle-ready for dedicated parking spaces, to require that all new construction of single-family homes that include dedicated off-road parking in the permit include installation of at least one exterior electrical panel capacity and conduit during construction that can support electric vehicle charging and mark the space as electric vehicle-ready, to require newly constructed or substantially improved commercial buildings or multi-unit buildings to include infrastructure to accommodate electric vehicle charging onsite, to permit and establish conditions to which a condo unit owner, co-op member or shareholder, and homeowner must agree in order to obtain approval for installation of electric vehicle charging ports in a condominium association, community association, or common interest development, and to permit tenants to request installation of electric vehicle charging ports, subject to compliance with a housing provider's requirements; to amend the Department of Buildings Establishment Act of 2020 to require applicants for certain permits to install electric vehicle charging stations to provide certain data to the District Department of Transportation and the Department of Energy and Environment and, subject to federal law, use companies eligible to become certified business enterprises for 35% of the installation and maintenance of the electric vehicle charging ports; and to amend the Retail Service Port Act of 1976 to require the installation of a direct current fast charging electric vehicle charging port when a person constructing a new, or making improvements equal to at least 50% of the value of an existing retail service station that is projected to sell more than one million gallons of gasoline per year.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Comprehensive Electric Vehicle Infrastructure Access, Readiness, and Sustainability Amendment Act of 2024".
Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.01 et seq.), is amended as follows:
(a) Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended by adding a new paragraph (3B) to read as follows:
"(3B)(A) DDOT shall not issue a public space permit for electric vehicle charging infrastructure that, if approved, would result in that person having a permit for more than 5 electric vehicle charging ports in the District cumulatively, unless the person has agreed to:
"(i) Provide data to the Mayor for the purpose of preparing reports required by section 109f of the District Department of the Environment Establishment Act of 2005, passed on 2nd reading on October 15, 2024 (Enrolled version of Bill 25-106); and
"(ii) Unless prohibited by Federal law or regulation, utilize companies eligible to be certified as certified business enterprises, pursuant to part D of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.31 et seq.), for at least 35% of the installation and maintenance of electric vehicle charging ports that the person installs or maintains in the District for projects that receive funding from the District government, including federal funding administered by the District government.
"(B) After determining that a permit is required under subparagraph (A) of this paragraph, or after issuing a permit under subparagraph (A) of this paragraph, if the Mayor determines that there is a violation of subparagraph (A) of this paragraph, the Mayor may:
"(i) Issue and enforce a stop work order; and
"(ii) Impose a fine not to exceed $1,000 for each 14-day period in which the applicant is in violation of subparagraph (A) of this paragraph.".
(b) Section 9o (D.C. Official Code § 50-921.23) is amended to read as follows:
"Sec. 9o. Neighborhood Electric Vehicle Charging Infrastructure Pilot Program.
"(a) There is established a Neighborhood Electric Vehicle Charging Infrastructure Pilot Program ("Pilot Program"), which shall be administered by DDOT.
"(b)(1) By September 30, 2026, DDOT shall install at least one electric vehicle charging port, capable of delivering at least Level 1 charging capabilities, in publicly accessible areas of at least 4 ANCs, such as on streetlight or camera poles, and distribution equipment, or in parking lots that are licensed for public parking or owned by the District.
"(2) By January 1, 2026, DDOT shall publish on its website a list of locations for the installation of the electric vehicle charging ports, as described in paragraph (1) of this subsection, and a description of how such locations were chosen, and how DDOT prioritized installations within:
"(A) Census tracts where a majority of residents have an income less than 60% of the area median income; and
"(B) Areas of the District that lack access to publicly accessible electric vehicle charging ports within one mile or driving distance from an alternative fuel corridor exit or intersection point.
"(3) The contract, grant, or other agreements for installation and maintenance of the charging ports shall incorporate requirements to collect the data required in this section for a report that assesses the effectiveness of the Pilot Program.
"(4) By March 30, 2027, DDOT, in consultation with the Department of Energy and Environment, shall publish on its website a report that assesses the effectiveness of the Pilot Program, including the assessment of:
"(A) The technical features of the electric vehicle charging ports, including charging port identifiers and the energy, in kilowatt-hours, dispensed to electric vehicles per hour and per charging session;
"(B) The frequency of charging sessions occurring at the electric vehicle charging ports, the times of peak demand, in kilowatts, and power used, in kilowatt hours, and the average time each vehicle stayed plugged in and parked at the electric vehicle charging ports;
"(C) The percentage of time that the electric vehicle charging ports were operational and available for use, whether any instances of software or hardware equipment failures or periods of maintenance and repair resulted in downtime, and whether data was available to predict when maintenance or software upgrades were needed to minimize downtime;
"(D) Whether delays in the timely fulfillment of requests for energization by electrical companies, including new service connections and service upgrades, have affected the effectiveness of the Pilot Program;
"(E) Maintenance and repair cost per electric vehicle charging port and whether the maintenance and repair was completed by a qualified electrician with Electric Vehicle Infrastructure Training Program certification;
"(F) A description of obstacles or challenges with supporting hardware or software based on the location of electric vehicle charging ports;
"(G) Other factors and data that DOEE may specify; and
"(H) Recommendations regarding:
"(i) Whether to continue grants, contracts, or other agreements for the installation of electric vehicle charging port entered into pursuant to paragraph (1) of this subsection;
"(ii) Improving access to electric vehicle charging ports;
"(iii) Additional locations where electric vehicle charging port should be installed;
"(iv) The level of power the electric vehicle charging ports should provide; and
"(v) Other policies or programs that could encourage the use of electric vehicles and electric vehicle charging infrastructure.
"(c) Beginning January 1, 2026, DDOT shall publish on its website the number of electric vehicles registered in the District and a map identifying the location of all publicly accessible and operating electric vehicle charging ports currently available to charge electric vehicles in the District, including by ward and ANC. DDOT shall update the map, at a minimum, on a quarterly basis.
"(d) For the purposes of this section, the term:
"(1) "ANC" means an Advisory Neighborhood Commission.
"(2) "Area median income" shall have the same meaning as provided in section 2(1)(A) of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2801(1)(A)).
"(3) "Level 1 charging" means electric vehicle service equipment that provides charging through a 120-volt AC outlet with a connector that meets the NEMA 5-15 or SAE international J1772 standard or a successor standard.".
Sec. 3. The District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq.), is amended by adding new sections 109f, 109g, and 109h to read as follows:
"Sec. 109f. Report on electric vehicle infrastructure deployment and management.
" On January 1 of 2026, 2029, and 2032, DOEE shall make publicly available on its website an Electric Vehicle Infrastructure Deployment and Management Plan that includes:
"(1) The number and percent of vehicles registered in the District that are electric vehicles as of the date of the report, and DOEE's 10-year forecast of the number and percent of vehicles in the District that will be electric vehicles;
"(2) DOEE's plan to ensure that each year within the 10-year forecast described in paragraph (1) of this subsection, the number of electric vehicle charging ports in the District is equal to at least 5% of the number of electric vehicles DOEE forecasts will be registered in the District, or a description of how DOEE's plan for electric vehicle charging infrastructure will create enough charging capacity to meet the demand in each of the 10 years of the forecast;
"(3) A description of the charging speed and capacity of electric vehicle charging infrastructure available in the District at the time of the report and DOEE's 10-year forecast of the speed and capacity of the electric vehicle charging infrastructure that will be available in the District;
"(4) An updated assessment of the District's electric grid capacity and whether the electric grid capacity can meet and sustain the demand for electric vehicles, based on DOEE's 10-year forecast described in paragraph (1) of this subsection, and a description of any additional data that DOEE had been previously unable to access to fully assess the electric grid's capacity;
"(5) A description of geographic gaps in the current and foreseeable locations of electric vehicle charging infrastructure;
"(6) A list of electric vehicle equity emphasis areas that identifies census tracts in the District where a majority of the population has incomes of 60% of area median income, as that term is defined in section 2(1)(A) of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2801(1)(A)), or less and where DOEE has determined that there is not sufficient publicly accessible charging infrastructure;
"(7) Identification of the proposed locations of electric vehicle charging infrastructure, which shall include a description of how the proposed locations address geographic gaps identified in the report and ensure access for electric vehicle owners living in electric vehicle equity emphasis areas identified in the report;
"(8) A description of the current process and average timelines for electrical companies to fulfill service requests for energization of electric vehicle charging infrastructure, including new service connections and service upgrades; and
"(9) Recommendations for legislative or regulatory action to create standards for electric vehicle charging infrastructure that provides for charging reliability in the District, including in the following areas:
"(A) Accessible payment options;
"(B) Types of charging connectors;
"(C) Permitting requirements for residential and commercial installations;
"(D) Recommended distance between charging infrastructure in publicly accessible locations;
"(E) Consumer protections and cybersecurity; and
"(F) Sustainability requirements for materials used.
"Sec. 109g. Electric vehicle charging incentive program.
"(a) By January 2026, DOEE shall establish an Electric Vehicle Charging Incentive Program ("Program") to provide assistance, including incentives for the operation, installation, or upgrade of, or to assess the need for, electric vehicle charging infrastructure located in the District.
"(b) DOEE may work with the electric company, as that term is defined in section 8(1) of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 976; D.C. Official Code § 34-207), to develop assistance offered by the Program; provided, that any ratepayer-funded assistance offered by the electric company under the Program shall be approved by the Public Service Commission.
"(c) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.
"Sec. 109h. Public awareness campaign regarding electric vehicle adoption and electric vehicle charging infrastructure availability.
"(a) No later than March 30, 2027, the Mayor shall establish a campaign to raise awareness and educate District residents about electric vehicles, including how they will help the District achieve its climate action goals and the availability of electric vehicle charging infrastructure.
"(b) The campaign required by subsection (a) of this section shall describe:
"(1) The benefits of electric vehicles and how widespread adoption will help the District improve environmental and health impacts caused by internal combustion engines;
"(2) The incentives and tax credits available to residents and businesses to purchase electric vehicles and to install electric vehicle charging infrastructure; and
"(3) The availability of electric vehicle charging ports across the District and how equity is incorporated into the planning and deployment of electric vehicle charging infrastructure.
"(c) The campaign required by subsection (a) of this section shall remain in effect for not less than 2 years from the date the campaign is established.".
Sec. 4. The Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 6-1451.01) is amended by adding new paragraphs (11C) and (11D) to read as follows:
"(11C) "Electric vehicle installed" means a designated parking space which is provided with service from a dedicated circuit that is 120-volt or greater assigned for electric vehicle supply equipment terminating in a receptacle or junction box located in close proximity to the location of the EV parking space, in compliance with the current DC Electrical Code.
"(11D) "Electric vehicle ready" means a designated parking space with electrical panel capacity and space for a circuit dedicated to allow service to the electric vehicle parking space that is 120-volt or greater and equipped with raceways either underground or surface mounted, to enable the future installation of electric vehicle supply equipment, in compliance with the current DC Electrical Code.".
(b) Section 4a (D.C. Official Code § 6-1451.03a) is amended as follows:
(1) The section heading is amended by striking the phrase "Electric vehicle make-ready" and inserting the phrase "Electric vehicle ready" in its place.
(2) Subsection (a) is amended by striking the phrase "electric vehicle make-ready" and inserting the phrase "electric vehicle ready" in its place.
(3) Subsection (b) is amended as follows:
(A) The lead-in language is amended by striking the phrase "this section" and inserting the phrase "subsections (a) and (c) of this section" in its place.
(B) Paragraph (1) is amended by striking the phrase "electric vehicle make-ready" and inserting the phrase "electric vehicle ready" in its place.
(4) Subsection (c) is amended by striking the phrase "electric vehicle make-ready" and inserting the phrase "electric vehicle ready" in its place.
(5) A new subsection (d) is added to read as follows:
"(d)(1) For building permits issued after January 1, 2027, all new construction or substantial improvement of commercial buildings and multi-unit buildings that have 6 or more automobile off-road parking spaces shall include infrastructure to accommodate electric vehicle charging onsite based on the following requirements:
"(A) For commercial buildings, at least 15% of parking spaces shall be electric vehicle installed, and 25% of parking spaces shall be electric vehicle ready; and
"(B) For multi-unit buildings, at least 25% of the parking spaces shall be electric vehicle ready.
"(2) For building permits issued after January 1, 2031, all new construction or substantial improvement of multi-unit buildings that have 6 or more automobile off-road parking spaces, at least 29% of the parking spaces shall be electric vehicle ready.
"(3) For building permits issued after January 1, 2034, all new construction or substantial improvement of multi-unit buildings that have 6 or more automobile off-road parking spaces, at least 33% of the parking spaces shall be electric vehicle ready.
"(4) A visible label stating "EV-READY" shall be posted in a conspicuous place at both the service panel and the circuit termination point at parking spaces that are required to be electric vehicle ready under this subsection.".
(c) New sections 4b, 4c, and 4d are added to read as follows:
"Sec. 4b. Electric vehicle ready parking spaces in new single-family homes.
"(a)(1) Except as provided in paragraph (2) of this subsection, for building permits issued after January 1, 2025, all new construction or substantial improvement of single-family homes that include dedicated off-road parking in the permit shall include installation of electrical panel capacity and conduit during construction to support implementation of at least Level 1 electric vehicle charging at 120-volts or greater that the Department of Buildings determines is accessible at the automobile off-road parking space; provided, that the conduit installed pursuant to this paragraph may be capped for future installation.
"(b) Each electric vehicle ready space installed pursuant to subsection (a) of this section shall include a visible label stating "EV-READY" posted in a conspicuous place at either the service panel or the circuit termination point.
"(c) The builder or builder's agent shall give to each buyer, prospective buyer, or homeowner:
"(1) Notice of the requirement in subsection (a) of this section; and
"(2) Specific information about any available grant or incentive programs related to the purchase or installation of an electric vehicle charging port.
"(d) The buyer, prospective buyer, or homeowner shall provide a physical or electronic signature indicating that the buyer, prospective buyer, or homeowner, respectively, has received the notice and information listed in subsection (c) of this section.
"Sec. 4c. Electric vehicle charging port rights for condominium associations, community associations, or other common interest developments.
"(a)(1) A condominium association, community association, or other common interest development shall allow the installation and repair, at the unit owner's expense for the unit owner's own use, of an electric vehicle charging port on or within the property only in a deeded parking space or a parking space that is specifically designated for use by a particular unit owner; except, that the condominium association, community association, or other common interest development may require that the unit owner:
"(A) Complies with:
"(i) Bona fide safety requirements consistent with applicable building codes or recognized health and safety standards for the protection of persons and property;
"(ii) The requirement that the electric vehicle charging infrastructure be registered with the condominium association, community association, or other common interest development within 30 days after installation;
"(iii) Reasonable architectural standards provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging port and related wiring and signage; and
"(iv) Prohibitions on the licensing, sub-licensing, rental, or sublet of a parking space with an electric vehicle charging port installed by an owner;
"(B) As a condition of the condominium association, community association, or other common interest development approving the installation of an electric vehicle charging station, agrees to:
"(i) Provide detailed plans and drawings for the installation of the electric vehicle charging port, prepared and stamped or sealed by either a licensed and registered architect, professional engineer, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port;
"(ii) Engage the services of either a licensed and registered journey electrician, master electrician, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port for the installation, maintenance, and removal of the electric vehicle charging port; and
"(iii) Be responsible for all costs associated with the installation and use of the electric vehicle charging port, including:
"(I) The actual cost of electricity associated with the charging port; and
"(II) The cost of damages to common elements subject to the exclusive use of the other unit owners, members, shareholders, or homeowners that results from the installation, use, maintenance, repair, removal, or replacement of the electric vehicle charging port;
"(C) If an electric vehicle charging port is to be placed in a common element or exclusive use common element, as designated by the condominium association, community association, or other common interest development:
"(i) First obtain written approval from the condominium association, community association, or other common interest development to install the electric vehicle charging port;
"(ii) Agree to the reasonable reimbursement of electricity usage; or
"(iii) Agree in writing to:
"(I) Comply with the condominium association, community association, or other common interest development's architectural standards for the installation of the electric vehicle charging port by submitting the appropriate design plan or other technical documentation prepared and stamped or sealed by a registered architect, professional engineer, or electrical engineer;
"(II) Engage a duly licensed and registered journeyman electrician, master electrician, or electrical engineer familiar with the installation and code requirements of an electric vehicle charging port;
"(III) Provide a certificate of insurance that names the condominium association, community association, or other common interest development as an additional insured party under the unit owner's insurance policy;
"(IV) Pay for both the costs associated with the installation of and the electricity usage associated with the electric vehicle charging port; and
"(V) Provide a certificate of insurance naming the condominium association, community association, or other common interest development as an additional insured or shall reimburse the association for the cost of an increased premium attributable to the electric vehicle charging port;
"(D) Remove an electric vehicle charging port and restore the premises to the condition before the installation of the electric vehicle charging port before the unit owner may transfer ownership of the premises, unless the prospective buyer of the premises accepts ownership, in writing, of the electric vehicle charging port and all the rights and responsibilities associated with ownership under this section; and
"(E) After the installation of the electric vehicle charging port, that the unit owner, and each successive unit owner of the electric vehicle charging port, be responsible for:
"(i) The costs for the maintenance, repair, and replacement of the electric vehicle charging port until it has been removed and for the restoration of the common area after removal;
"(ii) Disclosing to prospective buyers the existence of charging port of the owner and the related responsibilities of the owner under this section;
"(iii) Disclosing to prospective buyers whether the electric vehicle charging port is removable and an intent to remove the port in order to install it at their new place of residence;
"(iv) The costs for damage to the electric vehicle charging port, common area, limited common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging port; and
"(v) The cost of electricity associated with the electric vehicle charging port, including a requirement to connect the electric vehicle charging port to their own electricity utility account unless the licensed contractor performing the installation deems that to be impossible, in which case, the condominium association, community association, or other common interest development shall connect the electric vehicle charging port to the common electricity account but may require reasonable reimbursement to the condominium association, community association, or other common interest development for the electricity usage.
"(2) A recorded or unrecorded covenant, restriction, or condition contained in a deed, contract, security interest, or other instrument affecting the transfer or sale of interest in a condominium association, community association, or other common interest development, and a provision of a governing document that effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging port within a unit owner's unit or a designated parking space, or is in conflict with this section, shall be void and unenforceable.
"(b) A condominium association, community association, or other common interest developments shall enact processes or procedures for the installation, operation, maintenance, and removal of an electric vehicle charging port.
"(c)(1) If approval by the condominium association, community association, or other common interest development is required for the installation, repair, or use of an electric vehicle charging port, the condominium association, community association, or other common interest development shall process and approve the application in the same manner as an application for approval of an architectural modification to the property, and the condominium association, community association, or other common interest development shall not unreasonably avoid or delay the adjudication of the application.
"(2) The approval or denial of an application under this section shall be in writing.
"(3) If an application is not approved or denied in writing within 60 days after the date of the receipt of the application, the application shall be deemed approved unless the delay is the result of a reasonable request for additional information or exigent circumstances.
"(d) A condominium association, community association, or other common interest development may reject a unit owner's application if the unit owner fails to meet requirements set forth in guidelines consistent with this section for the installation of an electric vehicle charging port; except, that the condominium association, community association, or other common interest development shall allow the unit owner to cure defects in the application or required documentation and resubmit the application for approval.
"(e) The condominium association, community association, or other common interest development shall not assess or charge the owner fee for the placement of an electric vehicle charging port except for a reasonable fee for processing the application that is consistent with those assessed or charged for applications for approval of architectural modifications.
"(f) A condominium association, community association, or other common interest development may install an electric vehicle charging port in the common element for the use of all unit owners and members of the association, in which case, the condominium association, community association, or other common interest development shall develop appropriate terms of use for the electric vehicle charging port, including the cost of electricity associated with individual use by unit owners.
"(g) A condominium association, community association, or other common interest development shall be responsible for the costs of removing an electric vehicle charging port that is in the common element and available for use by all unit owners, if reasonably necessary for the repair, maintenance, or replacement of property of the association or of separate interests initiated by the association.
"(h) A condominium association, community association, or other common interest development may create a new parking space, consistent with applicable building permitting requirements, where one did not previously exist to facilitate the installation of an electric vehicle charging port.
"(i) DOB shall fine a condominium association, community association, or other common interest development that willfully violates this section an amount not to exceed $1,000 for each 60-day period that the reported violation is not brought into compliance with this section. A condominium association, community association, or other common interest development may appeal an enforcement action taken pursuant to this section to the Office of Administrative Hearings.
"Sec. 4d. Electric vehicle charging rights for tenants.
"(a) Notwithstanding a provision in the lease to the contrary, a housing provider shall allow a tenant to install, at the tenant's expense for the tenant's own use, an electric vehicle charging port on or in the leased premises; provided, that the tenant first obtains the written approval of the housing provider, who may require that the tenant:
"(1) Complies with any:
"(A) Bona fide safety requirements consistent with an applicable construction code or recognized health and safety standards for the protection of persons and property;
"(B) Requirement that the electric vehicle charging port be registered with the housing provider within 30 days after installation;
"(C) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging port; or
"(D) Prohibitions on the rental or sublet of a parking space with an electric vehicle charging port installed by a tenant.
"(2) As a condition of approving the installation of an electric vehicle charging port, agrees to:
"(A) Comply with the housing provider's design specifications for the installation of an electric vehicle charging port, and provide detailed plans and drawings for the installation of the electric vehicle charging port, prepared and stamped or sealed, by either a licensed and registered architect, professional engineer, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port;
"(B) Engage the services of a licensed and registered journeyman electrician, a master electrician, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port for the installation, maintenance, and removal of the electric vehicle charging port; and
"(C) Provide, within 14 days after receiving the housing provider's written approval for the installation of the electric vehicle charging port:
"(i) A certificate of insurance naming the housing provider as an additional insured party on the tenant's insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging port; or
"(ii) Reimbursement to the housing provider for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging port, in which case the tenant shall provide reimbursement for the increased insurance premium amount within 14 days after the tenant receives the housing provider's invoice for the amount attributable to the electric vehicle charging port.
"(b) A housing provider shall enact processes or procedures for the installation, operation, maintenance, and removal of an electric vehicle charging port.
"(c) A housing provider shall not assess or charge a tenant any fee for the placement or use of an electric vehicle charging port under this section, except that the housing provider may:
"(1) Require reimbursement for the actual cost of electricity provided by the housing provider that was used by the electric vehicle charging port, as determined by the housing provider on a monthly basis; or
"(2) If the tenant places an electric vehicle charging port in an area accessible to other tenants, charge the tenant a reasonable fee to reserve a specific parking space in which to install the electric vehicle charging port.
"(d) A housing provider may reject a tenant's application if the tenant fails to meet requirements set forth in the terms of the lease or agreement for the installation of an electric vehicle charging port; except, that the housing provider shall allow the tenant to cure defects in the application or required documentation and resubmit the application for approval.
"(e) If the housing provider consents to a tenant's installation of an electric vehicle charging port on property accessible to other tenants, unless otherwise specified in a written agreement with the housing provider, the housing provider may require that:
"(1) The tenant, and each successive tenant with exclusive rights to the area where the electric vehicle charging port is installed, shall be responsible for the actual cost of electricity associated with the charging port, as determined by readings taken by the housing provider on a monthly basis, and, when incurred, costs for damages to the electric vehicle charging port to any other property of the housing provider or another tenant resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle charging port;
"(2) Each successive tenant with exclusive rights to the area where the electric vehicle charging port is installed shall assume responsibility for the repair, maintenance, removal, and replacement of the electric vehicle charging port until the electric vehicle charging port is removed; or
"(3) The tenant, and each successive tenant with exclusive rights to the area where the electric vehicle charging port is installed, shall, at all times, have and maintain, until the tenant forfeits possession of the dwelling, an insurance policy covering damage or injury resulting from the installation or use of electric vehicle charging infrastructure installed pursuant to this section, and shall name the housing provider as an additional insured party under the policy. The tenant shall be responsible for providing proof of insurance policy coverage to the housing provider on an annual basis.
"(f) Upon termination of the lease, the tenant shall either remove the electric vehicle charging port if it is removable, sell the electric vehicle charging port to the housing provider for an agreed price, or transfer ownership without sale of the electric vehicle charging port to the housing provider or another tenant.
"(g) A housing provider may install an electric vehicle charging port in automobile off-road parking spaces for the use of all tenants, in which case, the housing provider shall develop appropriate terms of use for the electric vehicle charging port, including the actual cost of electricity associated with individual use by tenants.
"(h) A housing provider may create a new parking space, consistent with applicable building permitting requirements, where one did not previously exist to facilitate the installation of an electric vehicle charging port in compliance with all applicable laws.
"(i) A housing provider shall be responsible for the costs of removing an electric vehicle charging port that is in automobile off-road parking spaces available for use by all tenants, if reasonably necessary for the repair, maintenance, or replacement of any property of the housing provider.
"(j) DOB shall fine a housing provider that willfully violates this section an amount not to exceed $1,000 for each 30-day period that the reported violation is not brought into compliance with this section. A housing provider may appeal an enforcement action under this section to the Office of Administrative Hearings ("OAH"). A housing provider may appeal a decision from OAH to the Rental Housing Commission pursuant to section 202(a)(2) of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3502.02(a)(2)).".
Sec. 5. Section 107(a) of the Department of Buildings Establishment Act of 2020, effective April 5, 2021 (D.C. Law 23-269; D.C. Official Code § 10-561.07(a)), is amended by adding a new paragraph (3A) to read as follows:
"(3A)(A) The Permitting Operations Division of the Office of Construction and Building Standards shall not issue a permit for electric vehicle charging infrastructure that, if approved, would result in that applicant having a permit for more than 5 electric vehicle charging ports in the District cumulatively, unless the applicant has agreed to:
"(i) Provide data to the District Department of Transportation and the Department of Energy and Environment that is requested for the purpose of preparing reports required by section 109f of the District Department of the Environment Establishment Act of 2005, passed on 2nd reading on October 15, 2024 (Enrolled version of Bill 25-106); and
"(ii) Unless prohibited by Federal law or regulation, utilize companies eligible to be certified as certified business enterprises, pursuant to part D of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.31 et seq.), for at least 35% of the installation and maintenance of electric vehicle charging ports that the applicant installs and maintains in the District for projects that receive funding from the District government, including federal funding administered by the District government.
"(B) If the Department determines that an applicant subject to subparagraph (A) of this paragraph is in violation of subparagraph (A) of this paragraph, the Department may:
"(i) Issue a stop work order if the work has not yet been completed; and
"(ii) Impose a fine not to exceed $1,000 for each 14-day period in which the applicant is in violation of subparagraph (A) of this paragraph.".
Sec. 6. Section 3-102 of the Retail Service Station Act of 1976, effective April 19, 1977 (D.C. Law 1-123, D.C. Official Code § 36-302.02), is amended by adding a new subsection (d) to read as follows:
"(d) Beginning October 1, 2025, a person constructing a new retail service station, or making improvements equal to at least 50% of the value of the real property of an existing retail service station that is projected to sell more than one million gallons of gasoline per year, shall install one electric vehicle charging station capable of providing at least 150 kW direct-current fast charging for at least 2 vehicles simultaneously for each gasoline dispensing pump operated by the retail service station.".
Sec. 7. Applicability
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 8. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 9. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973, (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
