Minn. Stat. § 239.90 — MN Code / Part 239 / Chapter 239 / Section 239.90
§ 239.90 RETAIL ELECTRIC VEHICLE SUPPLY EQUIPMENT.
Status: in_force

§ Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Electric vehicle supply equipment" or "EVSE" means a conductor, including an ungrounded, grounded, and equipment grounding conductor, electric vehicle connector, attachment plug, and other fitting, device, power outlet, or apparatus installed specifically to measure, deliver, and compute the price of electrical energy delivered to an electric vehicle. (c) "Electricity sold as vehicle fuel" means electrical energy transferred to or stored onboard an electric vehicle primarily to propel the electric vehicle. (d) "Fixed service" means a service that continuously provides the nominal power that is possible with the equipment as installed. (e) "Nominal power" means the intended, named, or stated, as opposed to the actual, rate of electrical energy transfer. (f) "Variable service" means a service that may be controlled, resulting in periods of reduced or interrupted transfer of electrical energy.

§ Subd. 2. Inspection; fees. The director must inspect a retail EVSE annually or as often as is possible given budgetary and staffing limitations. The director must charge a retail EVSE owner a $100 fee to inspect and test each retail EVSE charging port.

§ Subd. 3. Retail EVSE program account; appropriation. A retail EVSE program account is created in the special revenue fund of the state treasury. The commissioner must credit to the account fees collected from inspections under this section and appropriations and transfers made to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money in the account is appropriated to the commissioner to pay for operations of the retail EVSE program.

§ Subd. 4. Method of sale. (a) Electrical energy kept, offered, or exposed for sale and sold at retail as a vehicle fuel must be expressed in kilowatt-hour units. (b) In addition to the price per kilowatt-hour for the quantity of electrical energy sold, a fee may be assessed for other services. A fee assessed for another service may be a fixed fee or may be based on time measurement.

§ Subd. 5. Labeling. (a) A computing retail EVSE must display the unit price in whole cents or tenths of one cent, based on the price per kilowatt-hour. If the electrical energy is unlimited or free of charge, the computing retail EVSE must clearly indicate that the electrical energy is unlimited or free of charge in lieu of the unit price. (b) For a fixed service application, the following information must be conspicuously displayed or posted on the face of the device: (1) the level of electric vehicle service, expressed as the nominal power transfer; and (2) the type of electrical energy transfer. (c) If a fee is assessed for other services in direct connection with fueling the vehicle, including but not limited to a fee based on time measurement or a fixed fee, the additional fee must be displayed. (d) A retail EVSE must be labeled in a manner that complies with Federal Trade Commissioner labeling requirements for alternative fuels and alternative fueled vehicles, Code of Federal Regulations, title 16, part 309. (e) A retail EVSE must be listed and labeled in a manner that complies with the National Electric Code NFPA 70, Article 625, Electric Vehicle Charging Systems.

§ Subd. 6. Advertising; sign prices. (a) When a sign or device is used to advertise the price of electricity to fuel a vehicle, the price for electrical energy must be expressed in price per kilowatt-hour, in whole cents or tenths of one cent. If the electrical energy is unlimited or free of charge, the advertising or sign must clearly indicate that the electrical energy is unlimited or free of charge in lieu of the unit price. (b) If more than one electrical energy unit price may apply over the duration of a single transaction or sale to the general public, the terms and conditions that determine each unit price and the times each unit price apply must be clearly displayed. (c) For a fixed service application, the following information must be conspicuously displayed or posted: (1) the level of electric vehicle service, expressed as the nominal power transfer; and (2) the type of electrical energy transfer. (d) For a variable service application, the following information must be conspicuously displayed or posted: (1) the type of delivery; (2) the minimum and maximum power transfer that may occur during a transaction, including whether service may be reduced to zero; (3) the conditions under which a variation in electrical energy transfer occurs; and (4) the type of electrical energy transfer. (e) If a fee is assessed for other services in direct connection with the fueling of the vehicle, including but not limited to a fee based on time measurement or a fixed fee, the additional fee must be included on all street signs or other advertising.

§ Subd. 7. Administrative rulemaking. For purposes of this section, the commissioner may use the expedited rulemaking process under section 14.389 to adopt administrative rules that incorporate the 2025 version of NIST Handbook 44 into Minnesota Rules, chapter 7601.