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EV Charging Stations: Legal Concerns for Local Governments

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.

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EV Charging Stations: Legal Concerns for Local Governments

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  1. EV Charging Stations: Legal Concerns for Local Governments Optional image goes here (or delete this box) Presented by Flannary P. Collins MRSC Legal Consultant

  2. About MRSC Research and consulting services for Washington local governments at no direct cost. • Legal and policy consultation • Research support • Training Opportunities • Sample document library • Online research tools • Timely news and information MRSC.org

  3. Legal Issues with EV Charging Stations • Is there a GIFT OF PUBLIC FUNDS issue? • Free charging for the public? • 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? EV Charging Stations: Legal Concerns

  4. GIFT OF PUBLIC FUNDS? EV Charging Stations: Legal Concerns

  5. Gift of Public Funds Prohibition in the Washington State Constitution • No county, city, town or other municipal corporation • shallhereafter 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 EV Charging Stations: Legal Concerns

  6. 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) EV Charging Stations: Legal Concerns

  7. 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 EV Charging Stations: Legal Concerns

  8. Gift of Public Funds First Prong: Fundamental Governmental Purpose EV Charging Stations: Legal Concerns

  9. Gift of Public Funds Second Prong: Consideration and Donative Intent EV Charging Stations: Legal Concerns

  10. So, provide free charging or not? EV Charging Stations: Legal Concerns

  11. Liability and User Agreements EV Charging Stations: Legal Concerns

  12. Liabilityand User Agreements Place SIGNAGE adjacent to charging stations Require employees to sign an USER AGREEMENT EV Charging Stations: Legal Concerns

  13. Questions? Contact Flannary Collins, MRSC Legal Consultant: (206) 625-1300 fcollins@mrsc.org EV Charging Stations: Legal Concerns

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