LAWS OF DELAWARE
VOLUME 83
CHAPTER 179
151st GENERAL ASSEMBLY
FORMERLY
SENATE BILL NO. 21
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLE CHARGING.
WHEREAS, ownership of electric vehicles is steadily increasing both in Delaware and nationally; and
WHEREAS, a constraining factor of electric vehicle ownership is charging infrastructure; and
WHEREAS, electric vehicles can help to reduce local air pollution relative to internal combustion engine powered vehicles, thereby having public health and environmental benefits in Delaware; and
WHEREAS, electric vehicles have relatively lower emissions of carbon dioxide and other gases linked to climate change relative to internal combustion engine powered vehicles, thereby lowering Delaware’s contribution to climate change; and
WHEREAS, several State agencies, as part of pilot projects, host electric vehicle charging stations, but do not have authorization to recoup costs associated with operation of the stations; and
WHEREAS, in conjunction with Delaware’s existing policies, installing charging stations at State facilities can reduce barriers to electric vehicle ownership caused by a relative lack of charging infrastructure.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section 1. Amend Chapter 80, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8062. State electric vehicle charging infrastructure.
(a) As used in this section:
(1) “Agency” means as defined in § 6301 of Title 29.
(2) “All-Electric Vehicle” means an electric vehicle that operates solely from an internal electric battery.
(3) “Costs” means the costs associated with electricity used by the agency’s EVSEs, installation of the agency’s EVSEs, and maintenance of the infrastructure and equipment of the agency’s EVSEs.
(4) “Electric Vehicle Supply Equipment” or “EVSE” means equipment that connects an electric vehicle to an external source of electricity to recharge the electric vehicle’s internal battery.
(5) “Electric Vehicle” or “EV” includes plug-in hybrid vehicles and all-electric vehicles, and means a motor vehicle, as defined in § 101 of Title 21, that satisfies both of the following:
a. Uses one or more electric motors for propulsion.
b. Is powered through an internal battery that is charged using an external electricity source.
(6) “Plug-in Hybrid Vehicle” means an electric vehicle that operates with an internal combustion engine and an electric motor that can be plugged into an external electric power source to charge the internal battery.
(b) An agency that has installed EVSE may make the EVSE available for use, at the agency’s discretion, by the public or employees, or both.
(c) If an agency provides access to its EVSE for charging to an electric vehicle not owned by the State, it may charge a fee for the use of its EVSE that does not exceed the agency’s costs. The agency shall use the fees collected for the payment of the electricity used by the EVSE and for the maintenance of the EVSE infrastructure and equipment.
(d) Agency EVSE must be located on state-owned or state-leased real property used for state offices, service centers, maintenance facilities, correctional facilities, visitor centers, research centers, health-care facilities, recreational facilities, or other state-owned or state-leased real property where state employees work or receive visitors conducting business with State agencies.
Approved September 17, 2021