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Committee backs bill to let charging stations sell electricity by the kilowatt hour, adds inspection and tax rules

February 23, 2023 | Technology and Infrastructure Innovation, HOUSE OF REPRESENTATIVES, Committees, Legislative, Georgia


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Committee backs bill to let charging stations sell electricity by the kilowatt hour, adds inspection and tax rules
Chairman Jaspers presented House Bill 406, the product of a joint study committee on electrifying transportation, telling members the measure allows convenience stores and other charging‑station owners to sell electricity “by the kilowatt hour” and adapts existing motor‑fuel law language to electricity to protect consumers and enable taxation.

The bill author said the legislation transposes much of the gasoline‑sale code into sections that apply to electricity and sets the framework for an excise tax on electricity sold for vehicle charging so revenue for roads and bridges — currently generated under House Bill 170 — is not eroded as vehicles electrify. “When you meet for seven different times and you meet with people all over the United States … people wanted accuracy,” the sponsor said, describing the committee’s emphasis on accurate metering and safety.

Why it matters: The measure changes where and how tax revenue tied to motor‑fuel consumption is collected as transportation shifts from gasoline and diesel to electricity. It also creates a consumer‑protection and enforcement role for the Georgia Department of Agriculture to inspect charging equipment and verify delivered kilowatt hours.

Industry witnesses broadly supported the bill’s goal of volumetric (kWh) billing while asking for implementation flexibility. Ben Kessler of ChargePoint said industry and drivers “have agreed on” volumetric billing and urged alignment with national verification standards from the National Institute of Standards and Technology and the Department of Commerce; he also urged extending tax‑collection timelines to 2028 to give the Department of Agriculture time to staff and acquire specialized testing equipment. “We would also like to see some flexibility in how we display the certificate of registration,” Kessler said, suggesting mobile apps or in‑vehicle displays could substitute for an on‑station plaque.

Representing Tesla, Louis Massey said many Tesla chargers show information in the vehicle or app rather than on an LCD at the charger and asked the committee to allow that display approach. “We support the concept behind what Chairman Jaspers is trying to do,” Massey said, while flagging potential stacking of sales tax, excise tax and an existing annual EV tag fee that could result in multiple charges for drivers.

Georgia Power’s electric‑transportation manager, Stephanie Gossman, told the panel Georgia Power supports the policy aim and that its chargers are capable of complying with the bill; she recommended statutory clarity to ensure charging companies can bill by the kilowatt hour without violating territorial‑act provisions.

Department of Agriculture policy director Catherine Russell warned staff and specialized testing equipment will be required to verify delivered energy at fast DC chargers; she said some testers cost roughly $50,000 and that certain load‑handling solutions for the fastest chargers are not yet commercially available, recommending a realistic implementation timeline.

During debate Representative Thomas offered a technical amendment requiring that “all electric vehicle charging stations shall be capable of accurately measuring and prominently displaying or providing the required information to a remote display the amount of electricity delivered to each electric vehicle on a per kilowatt hour basis.” The amendment was accepted as friendly by the sponsor and adopted by the committee.

Chairman Dubnick moved that HB 406 (LC 393742) do pass; the committee approved the bill as amended by voice vote. The record shows a voice vote; no roll‑call tally was taken in committee.

What’s next: The committee recorded the bill as passed out of committee; implementation details and the Department of Agriculture’s capacity to inspect and test chargers remain to be resolved as rules are drafted and as federal NEVI‑funded corridors expand charging infrastructure.

Quotes used in this report are taken verbatim from committee testimony and attributed to the speakers who made them.

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