Muntet Bowser
Mayor
May 18, 2021
The Honorable Phil Mendelson Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, D.C. 20004
Re: Electric Vehicle Charging Station
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Councilof the District of Columbia is the Electric
Vehicle Public Infrastructure Expansion Approval Resolution of 2021 pursuant to Section 2 of the
Electric Vehicle Public Infrastructure Expansion Amendment Act of 2018, effective May 4, 2018
(D.C. Law 22-078; D.C. Official Code 50-921.23). This resolution would approve the proposed
rulemaking adopted by the District Department of Transportation to amend Chapter 26 (CIVIL
FINES FOR MOVING AND NON-MOVING VIOLATIONS) of Title 18 (VEHICLES AND
TRAFFIC) and Chapter 2 (RENTAL OF PUBLIC SPACE) of Title 24 (PUBLIC SPACE AND
SAFETY) to support the District's electric vehicle public charging program.
The purpose of this rulemaking is to support the proliferation of publicly accessible electric vehicle
(EV) charging stations in the District. These regulations create a public space permit for which EV
charging vendors may apply to install chargers at existing curbside parking spaces. Proliferating
chargers throughout the District will provide existing EV owners with charging opportunities and
encourage future EV owners to make the switch. Electrifying our transportation systems is
imperative to realizing the health and sustainability goals outlined in the Clean Energy DC and
Sustainable DC 2.0 plans,
Interim-Director Everett Lott at everett-lott@dc.gov to discuss any qui tions you have
program,
 fairman Phil Mendelson,
At the requestofthe Mayor
A RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approveofproposed regulations to amend civil fines for moving and non-moving infractions
to encourage turnover at the curbside space reserved for electric vehicles while charging
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this
18 resolution may be cited as the Electric Vehicle Public Infrastructure Expansion Approval
19 Resolutionof 2021.
20 Sec. 2. Pursuant to section 105 of the District of Columbia Traffic Adjudication Act of
21 1978, effective September 12, 1978 (D.C. Law. 2-104; D.C. Official Code 50-2301.05), the
22 Council approves the amendments to Chapter26 (Civil Fines for Moving and Non-Moving
23 Infractions) ofTitle 18 (Vehicles and Traffic)ofthe District of Columbia Municipal Regulations
24 (DCMR), which amend and establish civil fines for moving and non-moving infractions to
25 regulate curbside spaces reserved for electric vehicles while charging and stopping, standing, or
26 parking a vehicle in a bicycle lane or shared use path.
27 See. 3. The Council adopts the fiscal impact statement in the committee report as the fiscal
28 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
29 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a)
30 Sec. 4. The Secretaryofthe Council shall transmit a copy of this resolution, upon its
31 adoption, to the Mayor and the Directorof the District DepartmentofTransportation.
Sec. 5. This resolution shall take effect immediately.
 DISTRICT DEPARTMENT OF TRANSPORTATION
NOTICE OF FINAL EMAKING
The Director of the District Department of Transportation (Department), pursuant to the
authority set forth in section 3(C) (coordinating and managing public space permits and records),
section 5(3)(D)(j) (allocating and regulating on-street parking), section 5(4)(A) (reviewing and
approving public space permit requests), section 6(b) (transferring the public right-of-way
maintenance and parking management functions previously delegated to the Department of
Public Works (DPW) under section III (F) of Reorganization Plan No. 4 of 1983, effective
March 1, 1984, to the Department), and section 7 (transferring to the Director of the Department
all transportation-related authority previously delegated to the DPW Director by Mayor's Order
96-175, dated December 9, 1996) of the Department of Transportation Establishment Act of
2002 (DDOT Establishment Act), effective May 21, 2002 (D.C. Law 14-137; D.C. Official
Code 50-921.03(3)(C), 50-921.04(a)(3)(Q), 50-921.04(a)(3)(E), 50-921.05(b) and 50-921.06),
and the Electric Vehicle Public Infrastructure Expansion Amendment Act of 2018 (D.C. Law 22-
78; D.C. Official Code 50-921.23) hereby gives notice of the adoption of the following
rulemaking to amend Chapters 24 (Stopping, Standing, Parking, and Other Non-Moving
Violations) and 26 (Civil Fines for Moving and Non-Moving Infractions) of Title 18 (Vehicles
and Traffic) and Chapter 2 (Rental of Public Space) and Chapter 33 (Public Right-of-Way
Occupancy Permits)ofTitle 24 (Public Space and Safety) of the District of Columbia Municipal
Regulations (DCMR).
This final rulemaking will clarify criteria for installation of electric vehicle charging stations in
public space and authorize fining and towing of unauthorized vehicles parked in designated
electric vehicle charging station parking spaces. It will also correct an error in Chapter 26 of
Title 18 pertaining to the infraction of Stopping, standing, or parking in a bicycle lane or shared
use path. This change will move this infraction to align with other non-moving infractions,
rather than keeping it in the section for moving infractions.
A Notice of Proposed Rulemaking was published in the D.C. Register on February 21, 2020 at
67 DCR 1975, with a 30-day public comment period. A Second Notice of Proposed Rulemaking
was published in the D.C. Register on October 9, 2020 at 67 DCR 11714, with a 30-day public
comment period. The second proposed rulemaking removed provisions that prevented the
installation of chargers on residential streets and the installation of more than two chargers per
square block.
The District Department of Transportation thoroughly reviewed and considered all public
feedback throughout this rulemaking process. DDOT received two (2) public comments on the
second proposed rulemaking and no official resolutions from Advisory Neighborhood
Commissions (ANC).
Public Comments
The two supportive commenters applauded the District's efforts to expand electric vehicle (EV)
charging infrastructure in the public right-of-way. Combined, the comments suggested that
DDOT implement the following six (6) recommendations: 1) provide charging opportunities for
residents who lack off-street parking, and make such opportunities available near their homes, 2)
require quarterly reporting on the charging stations operations, 3) eliminate the meter fee of $1
per hour and provide a grace period before the non-charging fee is assessed, 4) eliminate the fine
for EVs that are not plugged-in, 5) eliminate the $2,400 annual permit fee, and 6) explore
making EV charging available from streetlight infrastructure.
1. Provide Access to Chargers for Residents Without Off-Street Parking
DDOT's second proposed rulemaking removed a provision in the first notice of proposed
rulemaking that would have prohibited the installation of EV chargers on residential streets with
Residential Permit Parking (RPP) restrictions. The change in the second notice is intended to
permit the installation of chargers closer to where current and future EV owners live.
2. Quarterly Report
In order to maintain a valid public space permit, DDOT will require that permit holders
report information quarterly to the District in compliance with the Electric Vehicle Public
Infrastructure Expansion Act of 2018 (D.C. Act 22-249). This report shall include data on energy
usage, charging sessions, and customer payment methods.
3. Meter Fees
DDOT did not eliminate the $1 per-hour parking meter fee because this is the existing cost to
park at the current curbside electric vehicle charging stations. It also represents a $1.30 discount
from the hourly rate to park at a conventional parking meter.
DDOT will incorporate a twenty (20) minute grace period, before which the non-charging
meter rate applies, into the terms and conditions of the public space permit. The purpose of the
non-charging meter rate is to maximize the efficiency of a charging station by discouraging
vehiclesno longer actively chargingfrom continuing to occupy the space. DDOT does not
intend to unexpectedly and unfairly subject customers to the non-charging meter rate. Therefore,
permit terms and conditions will require that the permit holder incorporate a twenty (20) minute
grace period before this rate is assessed and communicate the battery power of the customers
vehicle in real-time via an application. This real-time communication provides customers with at
least three benefits: they can charge their vehicle in a way that optimizes battery health, they can
end the charging session before the non-charging meter rate applies, and they would know if the
charging session were unexpectedly ended. This transparency and grace period should mitigate
the concer that customers would be unexpectedly and unfairly charged a high cost while not
charging.
4, Eliminate the Fine for EVs Not Plugged-in
DDOT did not remove this violation because this reflects the current policy at existing public
charging stations and the transparency required of the charging station vendor should help
address instancesofcharging vehicles being maliciously unplugged by a passerby.
The current policy at curbside chargers is no parking except for electric vehicles while
charging, This rulemaking amends the policy to read while plugged-in to give enforcement
officers a visual indicatorof a vehicles charging status and to prevent a vehicle being subject to
a fine immediately upon reaching a full charge.
The purposeofthe violation and fine associated with parking a vehicle at a charging station
while not actively charging is to maximize the use of the station. Data from existing stations
show that approximately thirty percent (30%) of the time a vehicle is parked at a charger, it is not
charging. The intent of this policy is to support active use of the station and enable officers to
enforce the violation.
5. Eliminate Annual Permit Fee
DDOT did not eliminate the annual permit fee as it represents a 50% discount from the
average meter revenue per space. DDOT calculates the cost of exclusive use of curbside spaces
based on average meter revenue. In the District, average meter revenue per space is $2,400. This
permit provides access to two spaces for the cost of one.
6. Streetlight Charging
DDOT addressed streetlight charging in the second rulemaking. DDOT had explored in the
past the possibility retrofitting streetlights to support EV charging and determined that such a
retrofit is not feasible. Streetlights do not have a voltage high enough to support Level 2 charging
and upgrading the infrastructure to do so would be cost prohibitive. In addition, retrofitting
streetlights would not meet the requirements of the legislation that stations provide Level 2
charging, be capable of charging more than one vehicle simultaneously, and collect the required
data to be included in the annual report.
No changes were made in response to comments. However, DDOT, on its own initiative
made technical amendments to correct citation errors in Section 2601, PARKING AND OTHER
NON-MOVING INFRACTIONS, of Title 18, VEHICLES AND TRAFFIC. Specifically, the
DCMR citations for the infractions no parking except for an electric vehicle while plugged in
and plugged in electric vehicles remaining for more than four (4) hours were updated to reflect
the changes made in this rulemaking.
Pursuant to D.C. Official Code 50-2301.05(a)(1)(2014 Repl.), the Mayor transmitted the
proposed final rules to the Council, for the Councils review of the proposed changes to the
schedule of fines prescribed in Chapter 26, CIVIL FINES FOR MOVING AND NON-MOVING
INFRACTIONS, of Title 18, VEHICLES AND TRAFFIC of the DCMR. These rules [were
approved by the Council pursuant to Res. / deemed approved by the Council after the
Council having taken no action within the 45-day review period).
The Director adopted the rules as final on [date to be inserted]. The rules will take effect upon
publication of this notice in the D.C. Register
Title 18, VEHICLES AND TRAFFIC, is amended as follows:
Chapter 24, STOPPING, STANDING, PARKING, AND OTHER NON-MOVING
VIOLATIONS, of
Section 2406, PARKING PROHIBITED BY POSTED SIGN, is amended as follows:
Subsections 2406.14 through 2406.17 are repealed.
Subsections 2406.21 through 2406.29 are added to read as follows:
2406.21 The Director is authorized to establish reserved on-street parking spaces for the
exclusive use of charging electric vehicles (electric vehicle charging spaces)
and to reserve space on the sidewalk and street for electric vehicle charging
stations and associated equipment, through the issuance in accordance with 24
DCMR 226of a Public Space Occupancy Permit to a charging station vendor.
2406.22 An electric vehicle charging space established pursuant to 2406.21 shall not:
(a) Extend more than twenty feet (20) in length;
(b) Be located where parking is currently prohibited including blocks with
rush hour and snow emergency restrictions; or
() Be located at a metered space reserved for individuals with disabilities,
unless the metered space is relocated at the cost of the applicant and
approved by DDOT.
2406.23 For every two (2) charging stations installed in the Central Business District by a
charging station vendor, seven (7) charging stations, each serving at least two (2)
spaces, must be installed outside the Central Business District by the charging
station vendor until the charging station vendor has installed one (1) electric
vehicle charging station, serving at least two (2) spaces, in each ward.
2406.24 A vendor's permit application for its fifteenth (15") or later charging station shall
not be approved unless the vendor has installed and maintains one (1) electric
vehicle charging station, serving at least two (2) spaces, in each ward.
2406.25 An electric vehicle charging station shall:
(@) Be located outsideof a tree box;
(b) Be located ten feet (10") or more froma fire hydrant;
 () Be located twenty-five feet (25") or more from a marked or unmarked
intersection;
(4) Be located so that it does not protrude into a roadway or a bike lane;
() Beso located as to ensure compliance with the minimum pedestrian
clearance widths as set forth in the District Department of Transportation
Design and Engineering Manual; and
(fp) Display the contact information of the vendor to report any issues.
2406.26 Electric vehicle supply equipment placed on a sidewalk that supplies an on-street
electric vehicle charging station shall not interfere with the minimum pedestrian
clearance widths as set forth in the District Departmentof Transportation Design
and Engineering Manual;
2406.27 Cords, cables, and connector equipmentof a charging station shall not be placed
in such a manner as to extend across the path of travel within the sidewalk or
walkway whether or not in use by an electric vehicle.
2406.28 The following rules shall apply to the use by the public of electric vehicle parking
spaces and charging stations and violation of this subsection shall be subject to
the fines set forth in 18 DCMR 2601:
@ Parking in electric vehicle charging spaces is permitted only for electric
vehicles and plug-in hybrids and only in accordance with the guidelines
provided on the charging station,
(b) An electric vehicle may park in an electric vehicle charging space only
while the vehicle is plugged in to the charging station.
() An electric vehicle may park in an electric vehicle charging space for no
more than a total of four (4) hours between 9:00 a.m. and 8:00 p.m. on any
calendar day.
@ A vehicle occupying an electric vehicle charging space shall pay any
applicable charging fee required by the charging station vendor.
In addition to all other applicable fees, a person parking a vehicle an
electric vehicle charging space shall be assessed a one dollar ($1.00) per
hour fee for the use of public space while charging the vehicle and ten
dollars ($10.00) per hour while not charging between 9:00 a.m. and 8:00
p.m. on any calendar day.
Title 18 of the DCMR, VEHICLES AND TRAFFIC, is amended as follows:
Chapter 26, CIVIL FINES FOR MOVING AND NON-MOVING INFRACTIONS, is
amended as follows:
Section 2600, CIVIL FINES FOR MOTOR VEHICLE MOVING INFRACTIONS, is
amended as follows:
Subsection 2600.1 is amended as follows:
The following infraction under the categoryof Right-of-way, is repealed:
Stopping, standing, or parking a vehicle in a bicycle lane or shared use path $150.00
[ 2405.1]
Section 2601, PARKING AND OTHER NON-MOVING INFRACTIONS, is amended as
follows:
The chart set forth in subsection 2601.1 is amended as follows:
The section labeled INFRACTION (Regulatory/Statutory Citation) is amended as
follows:
The following row is inserted after the row labeled Barricade, in front of [ 2405.2(h)]:
Bicycle lane or shared use path, stopping, standing, or parking a| $150.00
vehicle in [ 2405.1]
The infraction No parking except for an electric vehicle while being charged [ 2406.14] is
amended to read as follows:
No parking except for an electric vehicle while plugged in ( | $100.00
2406.28 (a), 2406.28 (b),]
The following row is inserted after the row labeled Parallel, fail to park (except where
permitted) [ 2400.1]":
Plugged in electric vehicle remaining for more than four (4) | $30.00
hours between 9:00 a.m. and 8:00 p.m. Monday through
Sunday at an on-street parking space reserved for charging
vehicles [ 2406.28 (c)]
The following row is repealed:
Vehicle remaining for more than four (4) hours between 6:00| $ 100.00
a.m. and 10:00 p.m. Monday through Saturday at an on-street
parking space reserved for charging vehicles [ 2406.16]
Title 24 of the DCMR, PUBLIC SPACE AND SAFETY, is amended as follows:
Chapter 2, RENTAL OF PUBLIC SPACE, is amended as follows:
Section 225, Public Space Permit Fees, is amended as follows:
Subsection 225.1 is amended by amending paragraph (r) to read as follows:
() Charging station:
Installation of charging $2,400/year
station- reserving the
equivalent of2 parking
spaces for electric
vehicles
Chapter 33, PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS, of Title 24 DCMR,
PUBLIC SPACE AND SAFETY, is amended as follows:
Section 3399, DEFINITIONS, is amended as follows:
Subsection 3399.1 is amended as follows:
The following definitions are added after the definition of Dockless vehicle operating
company:
Electric vehicle - a vehicle that is propelled by an electr