68th Legislature HB 55.1
1 HOUSE BILL NO. 55
2 INTRODUCED BY D. LOGE
3 BY REQUEST OF THE TRANSPORTATION INTERIM COMMITTEE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING A TAX ON ELECTRIC VEHICLE CHARGING
6 STATIONS; PROVIDING FOR DEPARTMENT OF LABOR AND INDUSTRY INSPECTION; PROVIDING
7 RULEMAKING AUTHORITY; PROVIDING DEFINITIONS; AMENDING SECTION 69-8-803, MCA; AND
8 PROVIDING A DELAYED EFFECTIVE DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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12 NEW SECTION. Section 1. Definitions. As used in this part, unless the context clearly indicates
13 otherwise, the following definitions apply:
14 (1) "Charging station" means equipment that transfers electric current to the power system of an
15 electric vehicle and the real property in which the equipment is affixed.
16 (2) "Charging station operator" means a person, firm, general partnership, limited partnership,
17 limited liability partnership, corporation, limited liability company, or other lawfully recognized business entity
18 that operates a charging station.
19 (3) "Public charging station" means a charging station that is a for-profit business using a metered
20 system to deliver electric current to an electric vehicle and charges the customer either for the electricity
21 transferred or for the duration of time during which the transfer of electricity takes place.
22 (4) "Public legacy charger" means a public charging station operating before July 1, 2023, that
23 never measured electricity transferred from the charging station to a vehicle or is incapable of measuring the
24 time elapsed while actively charging a vehicle and placing a fee on the charging session.
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26 NEW SECTION. Section 2. Public charging station tax. (1) There is a tax of 3 cents a kilowatt hour
27 or its equivalent on the electric current used to charge or recharge the battery or batteries of an electric vehicle
28 at public charging stations.
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68th Legislature HB 55.1
1 (2) The tax authorized by this section is based on the rate of tax and electricity transferred during
2 the charging process, and it does not include any fees or charges associated with the method of payment for
3 the charging services.
4
5 NEW SECTION. Section 3. Public charging station rate disclosure. A charging station operator
6 shall disclose at the charging station site the rate for electric power transferred to an electric vehicle.
7
8 NEW SECTION. Section 4. Charging station operator statements and tax payment. (1) All public
9 legacy chargers must be registered with the department of transportation 15 days after [the effective date of this
10 act].
11 (2) Public charging stations that begin operation after [the effective date of this act] must be
12 registered with the department of transportation no later than 15 days after the first day of operation.
13 (3) A public charging station tax and required reports must be filed with the department of
14 transportation no later than the 25th day of the month following the month during which the charging for an
15 electric vehicle occurred.
16 (4) Public charging stations are exempt from remitting the tax levied in [section 2] until July 1,
17 2025.
18 (5) Public legacy chargers that have never charged a fee for their use are exempt from remitting
19 the tax levied in [section 2] until July 1, 2025.
20 (6) The revenue derived from [section 2] must be deposited in the highway restricted account
21 provided for in 15-70-126.
22
23 NEW SECTION. Section 5. Authority to promulgate rules and regulations. (1) The department of
24 transportation shall promulgate rules to credit Montana residents for any tax collected under [section 2] but not
25 to exceed the total amount of registration fees for electric vehicles paid by a taxpayer during the year in which
26 the taxpayer claims the credit.
27 (2) The department of transportation may promulgate rules and regulations to carry out the
28 purpose of [sections 1 through 6].
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68th Legislature HB 55.1
1
2 NEW SECTION. Section 6. Public charging station inspection. (1) The department of labor and
3 industry may inspect the premises and equipment of any charging station operator to enforce compliance with
4 this section.
5 (2) The department of labor and industry may:
6 (a) require third-party testing and calibration of charging stations;
7 (b) assess charging station operator costs incurred by the department to enforce testing,
8 calibration, and inspection requirements; and
9 (c) promulgate rules to implement the provisions of this section and set fees necessary to carry out
10 the duties and responsibilities of this section.
11
12 Section 7. Section 69-8-803, MCA, is amended to read:
13 "69-8-803. Electric vehicle charging stations -- service entity requirements. (1) A public utility
14 may allow an electric vehicle charging station that meets the requirements in subsection (2) to be
15 interconnected to its distribution system.
16 (2) A public utility may sell power to an entity to service electric vehicle charging stations that:
17 (a) procure power supplied by the public utility for the purpose of electric vehicle charging; and
18 (b) service electric vehicle charging stations within the public utility's service territory.
19 (3) Entities operating electric vehicle charging stations are not public utilities.
20 (4) Charges pertaining to fueling electric vehicles may not be based on the cost of electricity."
21
22 NEW SECTION. Section 8. Codification instruction. [Sections 1 through 6] are intended to be
23 codified as an integral part of Title 15, chapter 70, and the provisions of Title 15, chapter 70, apply to [sections
24 1 through 6].
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26 NEW SECTION. Section 9. Effective date. [This act] is effective January 1, 2025.
27 - END -
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Statutes affected: HB0055_1.pdf: 69-8-803
HB0055_2.pdf: 69-8-803
HB0055_3.pdf: 69-8-803
HB0055_4.pdf: 69-8-803
HB0055_5.pdf: 69-8-803
HB0055_6.pdf: 69-8-803
Amended: 69-8-803
Introduced: 69-8-803