As homebuilders in Maryland may already know, there has been a requirement in the State that homebuilders provide an option to purchasers of single family detached houses and town houses to add EV charging stations to new homes. Since 2021, builders were required to include a disclosure regarding this option in sales contracts.
An expansion to the law will be going into effect in Maryland on October 1, 2023. The good news is that the law still only applies to (i) single family detached houses and (ii) town houses that are subject to the provisions of the International Residential Code (presumably this would apply to townhomes sold in condo form as well). But now duplexes are being added to the list of the types of housing units to which the law applies.
On the other side of the coin, builders will no longer have to provide notice of EV charging station options in their sales contracts because the new law mandates that beginning on Sunday, October 1, 2023, most new residential properties must include some level of EV charging equipment. This mandate will apply to any new project for which a complete commercial or residential service request is made to the local utility, or a development application or building permit application is filed with a county or municipal corporation. The rules are that with the construction of a new housing unit (SFD, Townhome or duplex), you MUST include in or on the garage, carport or driveway: either (i) one EVSE installed parking space capable of providing at least Level 2 charging, or (ii) one EV-Ready parking space. The new law does not apply retroactively.
An EV–Ready Parking Space is defined in the statute as: “a dedicated parking space that has electrical panel capacity and full circuit installation of a minimum 40-Ampere, 208/240 volt circuit, raceway wiring, a NEMA 14-50R receptacle, and circuit overcurrent protection devices.”
An EVSE–Installed Parking Space is defined as “a dedicated parking space with electric vehicle supply equipment that is fully installed from the electrical panel to the parking space.”
Electric Vehicle Supply Equipment is defined as “a device or facility for delivery of electricity to an electric vehicle.”
Level 2 charging is defined as “the charging capability of the electric vehicle supply equipment.”
The new law is applicable state-wide in Maryland.
If you have questions about EV charging station requirements, or if you have other commercial real estate or business legal needs, please contact Michael Faerber at 301-251-1180 or mfaerber@mcmillanmetro.com.
