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- 2025
69th Legislature 2025 SB 228
- 1 - Authorized Print Version – SB 228
ENROLLED BILL
AN ACT REVISING LAWS RELATED TO PUBLIC CHARGING STATIONS FOR ELECTRIC VEHICLES;
CLARIFYING PUBLIC CHARGING STATION TAX PROVISIONS; REVISING ELECTRIC METER
REQUIREMENTS; ELIMINATING ELECTRIC VEHICLE FEE REDUCTION; PROVIDING DEFINITIONS;
AMENDING SECTIONS 15-70-801, 15-70-802, 15-70-803, 15-70-804, AND 15-70-805, MCA; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 15-70-801, MCA, is amended to read:
"15-70-801. Definitions. As used in this part, unless the context clearly indicates otherwise, the
following definitions apply:
(1) "Charging station" means equipment with a rated capacity greater than 25 kilowatts that is not
installed at a residence or owned by an association of real property owners including a homeowners'
association as defined in 70-17-901 that transfers electric current to the power system of an electric vehicle and
the real property in to which the equipment is affixed, and includes a public charging stationstations and public
legacy charging stations.
(2) "Charging station operator" means a person, firm, general partnership, limited partnership,
limited liability partnership, corporation, limited liability company, or other lawfully recognized business entity
that operates a public charging station.
(3) "Charging station owner" means the entity that is the public utility customer or a public utility
that owns a public charging station.
(3)(4) "Public charging station" means a charging station that is a business using a metered system
to deliver that delivers electric current to an electric vehicle and charges the customer either for the electricity
transferred or for the duration of time during which the transfer of electricity takes place.
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69th Legislature 2025 SB 228
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ENROLLED BILL
(4) "Public legacy charging station" means a public charging station operating before July 1, 2023,
that has never had a metering system in place capable of measuring electricity transferred from the charging
station to the vehicle or is incapable of measuring the time elapsed while actively charging a vehicle and
placing a fee on the charging session.
(5) "Public utility" has the same meaning as defined in 69-3-101."
Section 2. Section 15-70-802, MCA, is amended to read:
"15-70-802. Public charging station tax -- public legacy charging station tax -- reduction of
additional electric vehicle registration fees. (1) Effective July 1, 2023, there There is a tax of 3 cents a
kilowatt hour or its equivalent in addition to the public utility's approved rate on the electric current used to
charge or recharge the battery or batteries of an electric vehicle at public charging stations installed after July 1,
2023 on electricity delivered to a public charging station.
(2) Effective July 1, 2025, there is a tax of 3 cents a kilowatt hour or its equivalent in addition to the
public utility's approved rate on the electric current used to charge or recharge the battery or batteries of an
electric vehicle at public legacy charging stations.
(3)(2) The tax authorized by this section is based on the rate of tax and electricity transferred during
the charging process, and it does not include any fees or charges associated with the method of payment for
the charging services in addition to the public utility's rate and measured at the utility's meter.
(4) Effective July 1, 2028, the amount of any additional electric vehicle registration fee charged by
the state to a resident on an electric vehicle is reduced by 30%."
Section 3. Section 15-70-803, MCA, is amended to read:
"15-70-803. Installation of electric meters. (1) Effective July 1, 2023, all new All public charging
stations must have an a separate electric meter installed or approved by the public utility exclusively dedicated
to the public charging station that measures all of the electricity delivered to the public charging station. The
charging station owner shall pay the cost of meter installation.
(2) Effective July 1, 2025, all public charging stations and public legacy charging stations installed
prior to July 1, 2023, must have an electric meter installed or approved by the public utility exclusively dedicated
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69th Legislature 2025 SB 228
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ENROLLED BILL
to the public charging station or public legacy charging station that measures all of the electricity delivered to
the public charging station or public legacy charging station. The charging station owner shall pay the cost of
meter installation.
(3) Effective July 1, 2028, all public legacy charging stations must be equipped with metering
devices capable of accurately measuring the amount of electricity being delivered to the motor vehicle.
(4)(2) It is the public charging station owner's responsibility to comply with the provisions of this
section and not the duty of the public utility to enforce compliance."
Section 4. Section 15-70-804, MCA, is amended to read:
"15-70-804. Charging Public charging station rate disclosure. A public charging station operator
shall disclose at the public charging station site the rate for electric power transferred to an electric vehicle."
Section 5. Section 15-70-805, MCA, is amended to read:
"15-70-805. Charging station operator statements and tax payment -- rulemaking. (1) All public
charging stations must be registered with the department of transportation no later than 30 days after May 19,
2023 the first day of operation.
(2) When registering the public charging station with the department of transportation, the public
charging station owner shall provide the following information:
(a) name, mailing address, telephone number, and e-mail address of the owner;
(b) street address for the physical location of the public charging station;
(c) the public charging station's rated capacity in terms of wattage, voltage, and amperage
kilowatts; and
(d) additional information as required by the department.
(3) Charging stations that begin operation after May 19, 2023, must be registered with the
department of transportation no later than 30 days after the first day of operation.
(4)(3) (a) The public utility shall collect the tax levied in 15-70-802 in its monthly invoice to the public
charging station owner and remit the proceeds as calculated in subsection (4)(b) (3)(b) to the department of
transportation within 30 days following the preceding calendar quarter when the tax was collected.
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69th Legislature 2025 SB 228
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ENROLLED BILL
(b) The public utility shall remit 2.75 cents for each kilowatt hour of electricity sold to a public
charging station owner to the department of transportation and is authorized to retain 0.25 cents per kilowatt
hour to cover costs associated with collecting the tax.
(c) The public utility may create a new class of customers for billing at its discretion consisting
solely of public charging stations.
(d) The billing rate for public charging stations must include the tax levied in 15-70-802 in addition
to the public utility's approved rate or tariff.
(e) Taxes collected in accordance with this section are not subject to review or approval by the
public service commission and are exempt from 69-3-305.
(5)(4) The department of transportation may adopt rules to implement this section.
(6)(5) The revenue derived from 15-70-802 must be deposited in the highway restricted account
provided for in 15-70-126."
Section 6. Effective date. [This act] is effective July 1, 2025.
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I hereby certify that the within bill,
SB 228, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 228
INTRODUCED BY D. LOGE
AN ACT REVISING LAWS RELATED TO PUBLIC CHARGING STATIONS FOR ELECTRIC VEHICLES;
CLARIFYING PUBLIC CHARGING STATION TAX PROVISIONS; REVISING ELECTRIC METER
REQUIREMENTS; ELIMINATING ELECTRIC VEHICLE FEE REDUCTION; PROVIDING DEFINITIONS;
AMENDING SECTIONS 15-70-801, 15-70-802, 15-70-803, 15-70-804, AND 15-70-805, MCA; AND PROVIDING
AN EFFECTIVE DATE.