The growing popularity of electric vehicles (EVs), particularly in California, has spurred the need for a comprehensive network of charging stations. Tesla is recognized for its advanced electric vehicles and boasts its own charging infrastructure, known as Superchargers. There are more than 70,000 Tesla Superchargers globally, and they are user-friendly — even Ford vehicles and other EVs can utilize Superchargers. Drivers simply connect their vehicle and can track the charging status via a smartphone app or the car’s display screen.
Nonetheless, lawmakers in California aim to introduce new regulations for the EV charging sector that mirror the operational standards of the gasoline station industry. The issue revolves around the necessity for a uniform method to assess how much EV charging costs and the rationale behind it when drivers are required to pay. The challenge lies in the existence of an extensive network of EV charging stations that do not comply with these criteria.
Certain Tesla Superchargers violate a California law
Conventional gas pumps display stickers ensuring they have been inspected by the government and adhere to specific standards. California intends to broaden these regulations to encompass EV charging stations. While EV charging used to be complimentary, increased demand has led to the introduction of fees and charges associated with it. This caught the notice of the Division of Measurement Standards (DMS).
The DMS is worried because there is no established standard at EV stations to quantify how much charge is being provided, which could result in drivers spending more while receiving less. These stations differ in their pricing models, which may involve charging merely for access, charging based on the amount of power consumed, or charging according to the duration of the charging process. This last aspect concerns measurement expert Kevin Schnepp from the DMS, who told E&E News, “If someone was selling you something based on time, and they controlled the time that it was dispensed, would you trust them?” This may be governed by California Business and Professions Code § 12500.5, which declares, “It shall be unlawful to sell or use for commercial purposes any weight or measure, or any weighing, measuring, or counting instrument or device, of a type or design that has not first been so approved by the department.”
Implications for Tesla
Tesla Superchargers operate under a pay-per-use model along with additional charges, like idle fees applied per minute if a driver leaves their vehicle at a station after charging is completed. There are also congestion fees if a location is busy, with many ambiguous terms in their service agreement: “The congestion fee rate for each location, the site occupancy threshold, and the battery charge level where congestion fees may accrue may change from time to time.”
In response to the DMS, Tesla issued a statement: “Charging an EV is a fundamentally different consumer experience than refueling a traditional gas powered automobile. Where a gas pump can complete a fill-up in a matter of minutes, [a] charging session can range anywhere from 30 minutes to several hours. … Consumers do not stand at a charging station watching their battery fill up; instead, they plug in their vehicle and return when the charging session has been completed.”
It is anticipated that EV charging stations will need to comply by 2033, although the companies operating these stations argue that retrofitting their chargers will require significant time and a substantial financial investment. Adding to this dilemma is the Trump administration’s EPA putting a freeze on $5 billion in funding for an initiative aimed at enhancing the nationwide EV charging network. Tesla was poised to receive $31 million from that allocation. Should Tesla Superchargers be required to adhere to new regulations, they will face an extensive undertaking ahead of them.