New Hampshire SB 628: enabling curbside electric-vehicle charging.

Bill Text

SB 628-FN - AS INTRODUCED

2026 SESSION

 26-2128

 06/08

SENATE BILL 628-FN

AN ACT enabling curbside electric-vehicle charging.

SPONSORS: Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Sen. Rosenwald, Dist 13; Sen. Avard, Dist 12; Rep. Cormen, Graf. 15; Rep. B. Boyd, Hills. 12; Rep. Edgar, Rock. 29

COMMITTEE: Transportation

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ANALYSIS

 This bill enables highway authorities to license curbside electric vehicle charging devices in public rights-of-way, establishes procedures for adjacent host property electrical supply and reimbursement, clarifies enforcement and siting standards, and affirms that owners and operators of such charging devices are not public utilities.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2128

 06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT enabling curbside electric-vehicle charging.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Subdivision; Curbside Electric Charging in the Public Right-of-Way. Amend RSA 236 by inserting after section 134 the following new subdivision:

Curbside Electric Charging in the Public Right-of-Way

 236:135 Definitions. In this subdivision:

 I. "Curbside electric vehicle charging device" or "curbside EVSE" means an electric vehicle charging station installed within or immediately adjacent to a public right-of-way and associated with one or more designated on-street parking spaces.

 II. "Operator" means a person or entity that owns or operates curbside EVSE.

 III. "Host property" means real property abutting the public right-of-way at or near the location of a curbside EVSE.

 IV. "Host energy reimbursement arrangement" means an agreement between an operator and a host property under which the operator procures electrical service for a curbside EVSE from the host property's electrical service and compensates the host for energy consumed and related costs using a separately metered or submetered measurement of the EVSE load.

 V. "Highway authority" means the state or municipal body with jurisdiction over a public right-of-way.

 236:136 Permitting Authority to Occupy the Right-of-Way.

 I. A highway authority may license the installation, operation, and maintenance of curbside EVSE within the public right-of-way and may designate associated parking spaces for electric vehicle charging. A license granted under this section shall not convey a property interest and may be revoked for cause or for necessary public work upon reasonable notice, subject to removal and restoration at the licensee's expense.

 II. An application for a license shall include site plans and details sufficient to verify compliance with applicable safety, accessibility, and design requirements. A highway authority may require reasonable application and annual right-of-way occupancy fees and a performance bond, and shall require insurance and indemnification in an amount and form it deems adequate.

 III. For state-maintained facilities, the department of transportation may issue licenses consistent with this section. For locally maintained facilities, the municipal governing body or its designee may issue licenses consistent with this section.

 236:137 Ownership and Electric Utility Status.

 I. An owner or operator of an electric vehicle charging station shall not be deemed a utility, public utility, or public service company solely by virtue of ownership or operation of such station or resale of electricity to drivers through EVSE.

 II. Nothing in this subdivision authorizes an electric distribution company or other public utility to own or operate EVSE located in the public right-of-way. Public utilities may provide distribution service, interconnection, and make-ready infrastructure to the point of metering for EVSE served under this subdivision.

 236:138 Electrical Supply; Adjacent Host Property.

 I. Curbside EVSE may be supplied by either:

 (a) A new dedicated service and meter; or

 (b) A host energy reimbursement arrangement with a host property using separate metering or submetering of EVSE load.

 II. A host energy reimbursement arrangement shall not cause the host property owner or operator to be considered a utility, public utility, or public service company. Compensation from the operator to the host for the cost of electricity and reasonable related costs under such arrangement shall not be deemed a sale of electricity by the host to the public.

 III. All interconnections, metering, and submetering under this section are subject to applicable safety codes and utility interc