EV Charging Stations: Legal Concerns for Local Governments
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EV Charging Stations: Legal Concerns for Local Governments Presented by Flannary P. Collins MRSC Legal Consultant Optional image goes here (or delete this box)
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EV Charging Stations: Legal Concerns for Local Governments. Optional image goes here (or delete this box). Presented by Flannary P. Collins MRSC Legal Consultant. About MRSC. Research and consulting services for Washington local governments at no direct cost. - PowerPoint PPT Presentation
Transcript of EV Charging Stations: Legal Concerns for Local Governments
EV Charging Stations:
Legal Concerns for Local Governments
Presented by Flannary P. CollinsMRSC Legal Consultant
Optional image goes here(or delete this box)
Research and consulting services for Washington local governments at no direct cost.
About MRSC
• Legal and policy consultation
• Research support
• Training Opportunities
• Sample document library
• Online research tools
• Timely news and information
MRSC.org
Legal Issues with EV Charging Stations
1. Is there a GIFT OF PUBLIC FUNDS issue?a. Free charging for the public?b. Free charging for employees’ personal vehicles?
2. Is there LOCAL GOVERNMENT LIABILITY if a charging unit fails?
3. Should an employer require a SIGNED EMPLOYEE AGREEMENT?
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GIFT OF PUBLIC FUNDS?
October 17, 2014 EV Charging Stations: Legal Concerns
Gift of Public Funds
PROHIBITION IN THE WASHINGTON STATE CONSTITUTION
• No county, city, town or other municipal corporation • shall hereafter give any money, or property, or loan its money, or credit to or in
aid of • any individual, association, company or corporation, • except for the necessary support of the poor and infirm, • or become directly or indirectly the owner of any stock in or bonds of any
association, company or corporation.Article VIII, § 7
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Gift of Public FundsTwo Part Test
First Prong: Is the expenditure made to carry out a fundamental governmental purpose?
Second Prong: If not, is there consideration and donative intent?
Citizens for Clean Air v. City of Spokane, 114 Wn. 2d 20 (1990)
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Gift of Public FundsFirst Prong: Fundamental Governmental Purpose
• Is the act performed for the common good of all? • providing street lights• disposal of solid waste• flood protection
•Or, is the act performed for the special benefit of the corporate entity and the entity’s customers? • sale of electricity• construction of sports stadium
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EV Charging Stations: Legal Concerns
Gift of Public Funds First Prong: Fundamental Governmental Purpose
Providing EV charging: a fundamental governmental purpose?
YES ARGUMENT NO ARGUMENTWashington State-owned EV charging stations: free charging allowed by statute.
Provides for the “comfort and use” of individual EV owners.
Washington State Clean Air Act: goal includes enhancement of air quality.
Untested in Washington courts.
State of California approach Prohibition is mandatory and must be strictly observed.
Washington State Department of Commerce comment
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Gift of Public Funds Second Prong: Consideration and Donative Intent
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MEMBERS OF THE PUBLIC LOCAL GOV’T EMPLOYEES
CONSIDERATION?
No: If public does not pay for the electricity, no consideration.
Yes: If public pays for the electricity, no gift of public funds issue.
Yes: If make this an employee benefit as part of compensation package, there is consideration.
DONATIVE INTENT?
Yes: Donating free electricity to members of the public with no expectation of reimbursement.
No: Employees are providing work in exchange for compensation package, which includes EV charging.
So, provide free charging or not?
THREE POTENTIAL APPROACHESAPPROACH CONSIDERATIONS
Approach ONE: Provide EV vehicle charging for free to employees and the public.
Be prepared to defend why the local government considers providing EV charging a fundamental governmental purpose:1. Reduce air pollution2. De minimis amount
Approach TWO Provide EV vehicle charging for free to employees but charge the public.
Add this into the Personnel Policy. Be clear that all employees are being provided with this benefit as part of their employee compensation package.
Approach THREE:
Charge employees and the public for EV vehicle charging.
Most conservative approach - no gift of public funds issue to defend.
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Liability and User Agreements
October 17, 2014 EV Charging Stations: Legal Concerns
Liability and User Agreements
Place SIGNAGE adjacent to charging stations
Require employees to sign an USER AGREEMENT
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Questions?
Contact Flannary Collins, MRSC Legal Consultant:
(206) [email protected]
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