CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5192
Chapter 238, Laws of 2021
67th Legislature
2021 Regular Session
ELECTRIC VEHICLE SUPPLY EQUIPMENT
EFFECTIVE DATE: July 25, 2021
Passed by the Senate April 22, 2021 CERTIFICATE
Yeas 30 Nays 19
I, Brad Hendrickson, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SECOND SUBSTITUTE
SENATE BILL 5192 as passed by the
Senate and the House of
Representatives on the dates hereon
Passed by the House April 21, 2021 set forth.
Yeas 56 Nays 42
BRAD HENDRICKSON
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved May 10, 2021 3:34 PM FILED
May 10, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SECOND SUBSTITUTE SENATE BILL 5192
AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senate Ways & Means (originally sponsored by Senators Das,
Lovelett, Carlyle, Kuderer, Nguyen, and Wilson, C.)
READ FIRST TIME 03/19/21.
1 AN ACT Relating to supporting access to electric vehicle supply
2 equipment; amending RCW 19.94.010, 19.94.175, 19.94.190, 19.94.517,
3 and 46.08.185; adding new sections to chapter 19.94 RCW; prescribing
4 penalties; and providing a contingent effective date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 19.94.010 and 2019 c 96 s 1 are each amended to read
7 as follows:
8 (1) The definitions in this section apply throughout this chapter
9 and to any rules adopted pursuant to this chapter unless the context
10 clearly requires otherwise.
11 (a) "City" means a first-class city or a code city, as defined in
12 RCW 35A.01.035, with a population of over fifty thousand persons.
13 (b) "City sealer" means the person duly authorized by a city to
14 enforce and administer the weights and measures program within such
15 city and any duly appointed deputy sealer acting under the
16 instructions and at the direction of the city sealer.
17 (c) "Commodity in package form" means a commodity put up or
18 packaged in any manner in advance of sale in units suitable for
19 either wholesale or retail sale, exclusive, however, of an auxiliary
20 shipping container enclosing packages that individually conform to
21 the requirements of this chapter. An individual item or lot of any
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 1 commodity not in packaged form, but on which there is marked a
2 selling price based on established price per unit of weight or of
3 measure, shall be construed to be a commodity in package form.
4 (d) "Consumer package" or "package of consumer commodity" means a
5 commodity in package form that is customarily produced or distributed
6 for sale through retail sales agencies or instrumentalities for
7 consumption by persons, or used by persons for the purpose of
8 personal care or in the performance of services ordinarily rendered
9 in or about a household or in connection with personal possessions.
10 (e) "Cord" means the measurement of wood intended for fuel or
11 pulp purposes that is contained in a space of one hundred
12 twenty-eight cubic feet, when the wood is ranked and well stowed.
13 (f) "Department" means the department of agriculture of the state
14 of Washington.
15 (g) "Director" means the director of the department or duly
16 authorized representative acting under the instructions and at the
17 direction of the director.
18 (h) "Fish" means any waterbreathing animal, including shellfish,
19 such as, but not limited to, lobster, clam, crab, or other mollusca
20 that is prepared, processed, sold, or intended for sale.
21 (i) "Net weight" means the weight of a commodity excluding any
22 materials, substances, or items not considered to be part of such
23 commodity. Materials, substances, or items not considered to be part
24 of a commodity shall include, but are not limited to, containers,
25 conveyances, bags, wrappers, packaging materials, labels, individual
26 piece coverings, decorative accompaniments, and coupons.
27 (j) "Nonconsumer package" or "package of nonconsumer commodity"
28 means a commodity in package form other than a consumer package and
29 particularly a package designed solely for industrial or
30 institutional use or for wholesale distribution only.
31 (k) "Meat" means and shall include all animal flesh, carcasses,
32 or parts of animals, and shall also include fish, shellfish, game,
33 poultry, and meat food products of every kind and character, whether
34 fresh, frozen, cooked, cured, or processed.
35 (l) "Official seal of approval" means the seal or certificate
36 issued by the director or city sealer which indicates that a
37 secondary weights and measures standard or a weighing or measuring
38 instrument or device conforms with the specifications, tolerances,
39 and other technical requirements adopted in RCW 19.94.190.
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 1 (m) "Person" means any individual, receiver, administrator,
2 executor, assignee, trustee in bankruptcy, trust, estate, firm,
3 copartnership, joint venture, club, company, business trust,
4 corporation, association, society, or any group of individuals acting
5 as a unit, whether mutual, cooperative, fraternal, nonprofit, or
6 otherwise.
7 (n) "Poultry" means all fowl, domestic or wild, that is prepared,
8 processed, sold, or intended or offered for sale.
9 (o) "Service agent" means a person who for hire, award,
10 commission, or any other payment of any kind, installs, tests,
11 inspects, checks, adjusts, repairs, reconditions, or systematically
12 standardizes the graduations of a weighing or measuring instrument or
13 device.
14 (p) "Ton" means a unit of two thousand pounds avoirdupois weight.
15 (q) "Weighing or measuring instrument or device" means any
16 equipment or apparatus used commercially to establish the size,
17 quantity, capacity, count, extent, area, heaviness, or measurement of
18 quantities, things, produce, or articles for distribution or
19 consumption, that are purchased, offered or submitted for sale, hire,
20 or award on the basis of weight, measure or count, including any
21 accessory attached to or used in connection with a weighing or
22 measuring instrument or device when such accessory is so designed or
23 installed that its operation affects, or may effect, the accuracy or
24 indication of the device. This definition shall be strictly limited
25 to those weighing or measuring instruments or devices governed by
26 Handbook 44 as adopted under RCW 19.94.190.
27 (r) "Weight" means net weight as defined in this section.
28 (s) "Weights and measures" means the recognized standards or
29 units of measure used to indicate the size, quantity, capacity,
30 count, extent, area, heaviness, or measurement of any consumable
31 commodity.
32 (t) "Secondary weights and measures standard" means the physical
33 standards that are traceable to the primary standards through
34 comparisons, used by the director, a city sealer, or a service agent
35 that under specified conditions defines or represents a recognized
36 weight or measure during the inspection, adjustment, testing, or
37 systematic standardization of the graduations of any weighing or
38 measuring instrument or device.
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 1 (u) "Charging session" means an event starting when a user or a
2 vehicle initiates a refueling event and stops when a user or a
3 vehicle ends a refueling event.
4 (v) "Clearly marked" means, at a minimum, a sign, sticker,
5 plaque, or any other visible marker that is readable.
6 (w) "Common interest community" has the same meaning as defined
7 in RCW 64.90.010.
8 (x) "Direct current fast charger" means electric vehicle supply
9 equipment capable of supplying direct current electricity to a
10 vehicle fitted with the appropriate connection to support refueling
11 the vehicle's energy storage battery.
12 (y) "Electric vehicle service provider" means the entity
13 responsible for operating one or more networked or nonnetworked
14 electric vehicle supply equipment. Operating includes, but is not
15 limited to: Sending commands or messages to a networked electric
16 vehicle supply equipment; receiving commands or messages from a
17 networked electric vehicle supply equipment; or providing billing,
18 maintenance, reservations, or other services to a nonnetworked or
19 networked electric vehicle supply equipment. An electric vehicle
20 service provider may designate another entity to act as the electric
21 vehicle service provider for purposes of this chapter. A state
22 agency, an electric utility as defined in RCW 19.405.020, or a
23 municipal corporation as defined in RCW 39.69.010 is considered an
24 electric vehicle service provider when responsible for operating one
25 or more publicly available electric vehicle supply equipment.
26 (z) "Electric vehicle supply equipment" means the unit
27 controlling the power supply to one or more vehicles during a
28 charging session including, but not limited to, level 2 electric
29 vehicle supply equipment and direct current fast chargers.
30 (aa) "Installed" means operational and made available for a
31 charging session.
32 (bb) "Kiosk" means a stand-alone physical unit that allows users
33 to pay for and initiate a charging session at one or more electric
34 vehicle supply equipment located at the same site as the kiosk.
35 (cc) "Level 2 electric vehicle supply equipment" means electric
36 vehicle supply equipment capable of supplying 208 to 240 volt
37 alternating current.
38 (dd) "Networked electric vehicle supply equipment" means electric
39 vehicle supply equipment capable of receiving and sending commands or
40 messages remotely from an electric vehicle service provider,
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 1 including electric vehicle supply equipment with secondary systems
2 that provide remote communication capabilities that have been
3 installed.
4 (ee) "Nonnetworked electric vehicle supply equipment" means
5 electric vehicle supply equipment incapable of receiving and sending
6 commands or messages remotely from an electric vehicle service
7 provider, including electric vehicle supply equipment with remote
8 communication capabilities that have been disabled.
9 (ff) "Publicly available electric vehicle supply equipment" means
10 electric vehicle supply equipment and associated parking space or
11 spaces designated by a property owner or lessee to be available to,
12 and accessible by, the public.
13 (2) The director shall prescribe by rule other definitions as may
14 be necessary for the implementation of this chapter.
15 NEW SECTION. Sec. 2. A new section is added to chapter 19.94
16 RCW to read as follows:
17 (1) In addition to the definition of publicly available electric
18 vehicle supply equipment provided in RCW 19.94.010 and except for the
19 applicable exemptions in section 3 of this act, electric vehicle
20 supply equipment is considered publicly available and is subject to
21 the requirements of this chapter if:
22 (a) A lessee, electric vehicle service provider, or a property
23 owner designates electric vehicle supply equipment to be available
24 only to customers or visitors of a business or charging network;
25 (b) Any member of the public can obtain vehicular access to
26 electric vehicle supply equipment and associated parking spaces for
27 free or through payment of a fee, including electric vehicle supply
28 equipment located in a parking garage or gated facility; or
29 (c) The electric vehicle supply equipment and associated parking
30 spaces are made available to the public for only limited time
31 periods, then the electric vehicle supply equipment and associated
32 parking spaces are considered publicly available electric vehicle
33 supply equipment during those limited time periods only.
34 (2) The director may by rule subject additional types of electric
35 vehicle supply equipment to the requirements of this chapter to
36 benefit the public and provide protections to consumers.
37 NEW SECTION. Sec. 3. A new section is added to chapter 19.94
38 RCW to read as follows:
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 1 (1) Publicly available electric vehicle supply equipment is
2 exempt from compliance with the requirements of sections 4 through 6
3 of this act if:
4 (a) Members of the public may use the electric vehicle supply
5 equipment at no cost, including no charges, fees, memberships,
6 minimum balance on an account, and other cost at all times; and
7 (b) It is clearly marked that the electric vehicle supply
8 equipment is available for use at no cost at all times.
9 (2) Sections 4 through 7 of this act do not apply to:
10 (a) Workplace electric vehicle supply equipment and its
11 associated parking spaces if it is clearly marked and operated as
12 available exclusively to employees or contracted drivers, regardless
13 of the physical accessibility of the electric vehicle supply
14 equipment to the public;
15 (b) Electric vehicle supply equipment and associated parking
16 spaces reserved exclusively for residents, tenants, visitors, or
17 employees of a private residence or common interest community; or a
18 residential building adjacent to a private residence;
19 (c) Level 2 electric vehicle supply equipment located on or near
20 the curb of a residential electric utility customer's property,
21 directly connected to that residential electric utility customer's
22 meter, and intended to serve only that residential electric utility
23 customer;
24 (d) Electric vehicle supply equipment and associated parking
25 spaces provided by a vehicle dealer licensed under chapter 46.70 RCW
26 at its established place of business.
27 (3) The director may by rule provide exemptions from compliance
28 with some or all requirements of this chapter to benefit the public
29 and provide protections to consumers, including electric vehicle
30 supply equipment that is not available or intended for use by the
31 public but where charges, fees, or other costs are required to
32 initiate a charging session.
33 NEW SECTION. Sec. 4. A new section is added to chapter 19.94
34 RCW to read as follows:
35 (1) By January 1, 2023, the electric vehicle service provider
36 must ensure all publicly available electric vehicle supply equipment
37 is clearly marked and discloses all charges, fees, and costs
38 associated with a charging session at the point of sale and prior to
39 a user or a vehicle initiating a charging session. At a minimum, the
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 1 electric vehicle service provider must disclose to the user the
2 following information at the point of sale, if applicable:
3 (a) A fee for use of the parking space;
4 (b) A nonmember plug-in fee from the electric vehicle service
5 provider;
6 (c) Price to refuel in United States dollars per kilowatt-hour or
7 megajoule;
8 (d) Any potential changes in the price to refuel, in United
9 States dollars per kilowatt-hour or megajoule, due to variable
10 pricing; and
11 (e) Any other fees charged for a charging session.
12 (2) If the charging session or portion of a charging session is
13 offered at no cost, it must be disclosed at the location where the
14 charging session is initiated and prior to a user or a vehicle
15 initiating a charging session.
16 (3) For the purpose of this section, "point of sale" means the
17 location where the charging session and associated commercial
18 transaction is initiated including, but not limited to, electric
19 vehicle supply equipment or kiosk used to service that electric
20 vehicle supply equipment.
21 NEW SECTION. Sec. 5. A new section is added to chapter 19.94
22 RCW to read as follows:
23 (1) By January 1, 2023, the department, in consultation with the
24 department of commerce and the Washington utilities and
25 transportation commission, must adopt rules requiring all electric
26 vehicle service providers make available multiple payment methods at
27 all publicly available level 2 electric vehicle supply equipment or
28 direct current fast charger electric vehicle supply equipment
29 installed in Washington and may review and, if necessary, amend the
30 rules every two years, to maintain consistency with evolving
31 technology. At a minimum,