Mass. Gen. Laws ch. 98, sec. 59 — MA Code / Part I / Title XV / Chapter 98 / Section 59
Regulations relating to charging stations
Status: reserved

Section 59. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:— ''Charger'', a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that ''charger'' shall also mean electric vehicle supply equipment. ''Charging network provider'', the entity that operates the digital communication network that remotely manages the chargers which may include charging station operators and manufacture chargers. ''Charging station'', a charger or group of chargers and the area in the immediate vicinity of such charger or group of chargers, which may include, at the discretion of the regulating entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress and egress; provided, however, that a charging station may comprise only part of the property on which it is located. ''Charging station operator'', an entity that owns or provides the chargers and the supporting equipment and facilities at charging stations and is responsible for the operation and maintenance of the chargers and the supporting equipment and facilities; provided, however, that such operator may delegate responsibility for certain aspects of the charging station operation and maintenance to subcontractors. ''Connector'' or ''Plug'', a device that attaches an electric vehicle to a charging port to transfer electricity. ''Direct current fast charger'', a charger that enables rapid charging by delivering direct-current, or DC current, electricity directly to an electric vehicle's battery. ''Electric vehicle'', a battery electric vehicle that is either a zero-emission vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that can be recharged from an external source of electricity and has the capability to run on another fuel; provided, however, that ''electric vehicle'' shall not include a golf cart, electric bicycle or other micromobility device. ''Electric vehicle charging services'', the transfer of electric energy from an electric vehicle charging station to a battery or other storage device in an electric vehicle and related billing services, networking and operation and maintenance. ''Electric vehicle supply equipment'', a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that ''electric vehicle supply equipment'' shall also mean a charger. ''Level 1'', a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts AC, or alternating current, and maximum output current of not more than 16 amperes AC. ''Level 2'', a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts AC, or alternating current, and maximum output current of not more than 80 amperes AC. ''Public electric vehicle charging station'', an electric vehicle charging station located at a publicly-available parking space. ''Publicly-available parking space'', a parking space that has been designated by a property owner or lessee to be available to and accessible by the public and may include on-street parking spaces and parking spaces in surface lots or parking garages; provided, however, that ''publicly-available parking space'' shall not include a parking space that is part of or associated with residential real property containing not more than 4 dwelling units or that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, including employees, tenants, visitors, residents of a common interest development and residents of an adjacent building. ''Publicly-funded and available charging station'', a public electric vehicle charging station that has received, or expects to receive, a grant, loan or other incentive from a federal or state government source or through a charge on ratepayers and is located at a publicly available parking space. (b) The division of standards shall promulgate regulations to: (i) inventory the number and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of electricity purchased at public electric vehicle charging stations; provided, however, that, with respect to such public charging stations, such regulations shall include setting minimum requirements for the communication and display of pricing information; provided further, that the division of standards shall not prevent a charging station from operating due to an omission or inability by the division to test, inspect, seal or inventory the charging station or otherwise administer and enforce such regulations or, in the case of a public electric vehicle charging station, due to an omission or inability to ensure the accuracy of pricing and volumes of electricity purchased at, and information communicated by, such charging station. (c) Any regulations promulgated pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership and according to whether charging stations and chargers: (i) are networked; (ii) are level 1, level 2 or direct current fast chargers; and (iii) are all-inclusive mobile solar charging stations. Such regulations shall not apply to chargers or charging stations installed at a residential real property containing not more than 4 dwelling units. The division may set standards for data formats that comply with electric vehicle charging industry best practices and standards, as determined by the division. (d) Annually, not later than May 1, the division shall submit a report and accompanying data with respect to the inventory required under subsections (b) and (c) and other findings made and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways and means, the joint committee on telecommunications, utilities and energy, the secretary of energy and environmental affairs and the secretary of administration and finance. (e) In promulgating regulations under this section, the division may apply different requirements to publicly-funded and available electric vehicle chargers and other charging stations.

Section 59. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:—

''Charger'', a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that ''charger'' shall also mean electric vehicle supply equipment.

''Charging network provider'', the entity that operates the digital communication network that remotely manages the chargers which may include charging station operators and manufacture chargers.

''Charging station'', a charger or group of chargers and the area in the immediate vicinity of such charger or group of chargers, which may include, at the discretion of the regulating entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress and egress; provided, however, that a charging station may comprise only part of the property on which it is located.

''Charging station operator'', an entity that owns or provides the chargers and the supporting equipment and facilities at charging stations and is responsible for the operation and maintenance of the chargers and the supporting equipment and facilities; provided, however, that such operator may delegate responsibility for certain aspects of the charging station operation and maintenance to subcontractors.

''Connector'' or ''Plug'', a device that attaches an electric vehicle to a charging port to transfer electricity.

''Direct current fast charger'', a charger that enables rapid charging by delivering direct-current, or DC current, electricity directly to an electric vehicle's battery.

''Electric vehicle'', a battery electric vehicle that is either a zero-emission vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that can be recharged from an external source of electricity and has the capability to run on another fuel; provided, however, that ''electric vehicle'' shall not include a golf cart, electric bicycle or other micromobility device.

''Electric vehicle charging services'', the transfer of electric energy from an electric vehicle charging station to a battery or other storage device in an electric vehicle and related billing services, networking and operation and maintenance.

''Electric vehicle supply equipment'', a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that ''electric vehicle supply equipment'' shall also mean a charger.

''Level 1'', a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts AC, or alternating current, and maximum output current of not more than 16 amperes AC.

''Level 2'', a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts AC, or alternating current, and maximum output current of not more than 80 amperes AC.

''Public electric vehicle charging station'', an electric vehicle charging station located at a publicly-available parking space.

''Publicly-available parking space'', a parking space that has been designated by a property owner or lessee to be available to and accessible by the public and may include on-street parking spaces and parking spaces in surface lots or parking garages; provided, however, that ''publicly-available parking space'' shall not include a parking space that is part of or associated with residential real property containing not more than 4 dwelling units or that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, including employees, tenants, visitors, residents of a common interest development and residents of an adjacent building.

''Publicly-funded and available charging station'', a public electric vehicle charging station that has received, or expects to receive, a grant, loan or other incentive from a federal or state government source or through a charge on ratepayers and is located at a publicly available parking space.

(b) The division of standards shall promulgate regulations to: (i) inventory the number and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of electricity purchased at public electric vehicle charging stations; provided, however, that, with respect to such public charging stations, such regulations shall include setting minimum requirements for the communication and display of pricing information; provided further, that the division of standards shall not prevent a charging station from operating due to an omission or inability by the division to test, inspect, seal or inventory the charging station or otherwise administer and enforce such regulations or, in the case of a public electric vehicle charging station, due to an omission or inability to ensure the accuracy of pricing and volumes of electricity purchased at, and information communicated by, such charging station.

(c) Any regulations promulgated pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership and according to whether charging stations and chargers: (i) are networked; (ii) are level 1, level 2 or direct current fast chargers; and (iii) are all-inclusive mobile solar charging stations. Such regulations shall not apply to chargers or charging stations installed at a residential real property containing not more than 4 dwelling units. The division may set standards for data formats that comply with electric vehicle charging industry best practices and standards, as determined by the division.

(d) Annually, not later than May 1, the division shall submit a report and accompanying data with respect to the inventory required under subsections (b) and (c) and other findings made and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways and means, the joint committee on telecommunications, utilities and energy, the secretary of energy and environmental affairs and the secretary of administration and finance.

(e) In promulgating regulations under this section, the division may apply different requirements to publicly-funded and available electric vehicle chargers and other charging stations.