HomeMy WebLinkAboutPD BACKGROUND & RECOMMENDATION REPORT (PL-CCI-2022-000001) BR-Mnitiated-Bi11120-EV Parking Bill.crk.4.25.2022
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
COUNTY COUNCIL INITIATED BILL NO. 120
AMENDMENT TO CHAPTER 24,ARTICLE 8,AND CHAPTER 25 ARTICLE 1
AND ARTICLE 4,DIVISION 5 OF THE HAWAII COUNTY CODE 1983 (2016
EDITION,AS AMENDED),RELATING TO THE REGULATION OF ELECTRIC
VEHICLE CHARGING STATIONS AND PARKING SPACES
The County Council referred a bill for an ordinance amending Chapter 24, Article 8, and
Chapter 25,Article 1 and Article 4, Division 5, of the Hawaii County Code 1983 (2016
Edition, as Amended), relating to providing,maintaining, and dedicating parking spaces
and charging stations for electric vehicles. The purpose of this amendment is to establish
requirements for providing parking spaces equipped with an electric vehicle charging
stations in places of public accommodation and to establish requirements for parking in
these spaces and establishing penalties for violations of those requirements in compliance
with Sections 291-71 and 291-72, Hawaii Revised Statutes (HRS).
PURPOSE OF BILL 120
1. The Hawaii County Council has introduced Bill No. 120, (Planning
Department Exhibit 1),which seeks to amend Chapter 24 (Vehicles and
Traffic),Article 8, and Chapter 25 (Zoning) Article 1 and Article 4, Division 5, of
the Hawaii County Code 1983 (2016 edition, as amended) (HCC),relating to
electric vehicle (EV) charging stations and provision of and enforcement for EV
parking spaces.
2. The purpose of this bill is to establish, in County Code,requirements for
providing parking spaces equipped with an EV charging station in places of
public accommodation and establishing requirements for parking in these spaces
and penalties for violations of those requirements in compliance with Section
291-71, HRS (Planning Department Exhibit 2) and Section 291-72, HRS
(Planning Department Exhibit 3).
AUTHORITY
3. According to Bill 120, Section 291-71, HRS requires all places of public
accommodation with at least one hundred parking spaces for use by the general
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public to have at least one parking space equipped with an EV charging system.
Additionally,the bill references this section as the authority to authorize each
county to adopt an ordinance to enforce the requirements of section 291-71, HRS.
However, this reference was made in error as it is 291-73, HRS that grants this
authority (Planning Department Exhibit 4).
4. Furthermore, section 291-72, HRS,provides that it shall be a traffic infraction
subject to fines to park non-EVs in spaces reserved for EVs or to park in a parking
space equipped with an EV charging system while not actively charging an EV.
DEFINITIONS
5. Bill 120 proposes to amend HCC Chapter 24 (Vehicles and Traffic)to include
definitions for `Electric vehicle,' `Neighborhood electric vehicle,' `Fuel cell
electric vehicle,' and `Electric vehicle charging system.'
6. Bill 120 proposes to amend HCC Chapter 25 (Zoning)with the definitions
outlined above and add definitions for `Alternating current Level 2 charging
station,' `Direct current fast charger,' `Networked charger,' and `Place of public
accommodation.' The preceding list of definitions are largely copied from
sections of HRS.
7. `Place of public accommodation' is defined in Bill 120 as, "...a business,
accommodation, refreshment, entertainment, recreation, or transportation facility
of any kind whose goods, services,facilities,privileges, advantages, or
accommodations are extended, offered, sold, or otherwise made available to the
general public as customers, clients, or visitors."The definition goes on to offer
12 examples of places of public accommodation, however,those examples were
not meant to be an exhaustive list. The intent of the bill is to be broadly inclusive
of any places that meet the preceding criteria, regardless of ownership.
PROPOSED AMENDMENTS TO HCC CHAPTER 24 (VEHICLES AND
TRAFFIC)
8. In addition to the definitions articulated above, Bill 120 seeks to amend HCC
Chapter 24 with Section 24-245.5. Parking privileges, by requiring that only
EVs may be parked in a parking space designated and marked as reserved for
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EVs. Furthermore, it requires that only EVs that are actively charging may be
parked in a parking space equipped with an EV charging station.
9. Bill 120 also indicates that any person who uses a parking space in violation of
the parking privileges section above, shall be guilty of a traffic infraction and
fined according to provisions in HRS. According to HRS those fines shall be not
less than $50 nor more than $100. The fined party must also pay any costs
incurred by the court related to assessing the fine.
PROPOSED AMENDMENTS TO HCC CHAPTER 25 (ZONING)
10. In addition to the definitions articulated above, Bill 120 seeks to amend Article 4.
Division 5. Off-Street Parking and Loading of Chapter 25 to add requirements
for providing, maintaining, and dedicating parking spaces and charging stations
for EVs.
11. Proposed Section 25-4-54.1. Parking for electric vehicles; electric vehicle
charging systems articulates EV charging station and parking space requirements
for new and existing parking areas in places of public accommodation.
Specifically, this section requires all newly constructed parking areas to install EV
chargers, installed in dedicated parking space, and maintained in working order at
all times,for each increment of fifty (50)parking stalls based on a schedule
between the time the code is changed to 2023, 2025, 2027, and 2029 respectively
on an increasing scale of required chargers and plugs and dedicated parking
spaces depending on when the parking area is constructed.
12. Should an existing parking area in a place of public accommodation with fifty
(50) or more parking spaces submit plans for Plan Approval (indicated as plan
review in the draft bill),they shall have an additional two (2)years to comply
with the requirements outlined for newly constructed parking areas.
13. Should an existing parking area in a place of public accommodation with fifty
(50) or more parking spaces not need to submit plans for Plan Approval, they will
be required to comply with section 291-71, HRS. This will largely be triggered by
either proactive compliance with the new code by a landowner or in response to
public complaints to the Planning Department via our code enforcement
apparatus.
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14. This section further requires EV chargers to be maintained in good working order
and that a dedicated parking space,with appropriate marking and signage that
indicates that, `parking is only for EVs that are actively charging' must be
provided for all EV chargers.
15. Furthermore, this section clarifies that designated EV parking spaces shall not
displace or reduce ADA accessible stalls.
16. Finally,this section requires every parking facility meeting the size criteria to
comply with requirements of this section, regardless of ownership except as
allowed for in the alternatives and exemptions section of the proposed bill. This
section also allows site owners to charge a reasonable fee for the use of the
charging station.
17. Proposed Section 25-4-54.2.Alternatives and exemptions; parking for electric
vehicles; electric vehicle charging systems provides the Planning Director the
authority to determine that EV charging requirements can be satisfied by a smaller
number of direct current fast chargers, so long as the overall charging capacity at
the place of public accommodation is equal to or greater than the capacity
required under Section 25-4-54.1.
18. Finally, places of public accommodation can be exempted from applicable
requirements of 25-4-54.1 should the location not have established electrical
service or adequate electrical infrastructure to provide sufficient current for EV
charger implementation, or if the location is identified as being in the highest
flood risk zone as established by FEMA's Digital Flood Insurance Rate Map
(DFIRM).
AGENCIES —NO COMMENTS/CONCERNS
19. Department of Public Works- Engineering Division.
AGENCIES-NO RESPONSE PROVIDED
20. Department of Public Works-Building Division, Department of Parks and
Recreation, Police Department, Fire Department, Department of Research and
Development, and the Hawaii Electric Light Company (HELCO).
PUBLIC COMMENTS PROVIDED
21. None as of the date of this writing.
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PLANNING ANALYSIS OF THE IMPACTS OF BILL 120
Legislation creating HRS 291-71 and 291-72 was passed in 2012 to require the
provision of EV charging stations and associated EV parking spaces in places of public
accommodation and to provide for a penalty structure for illegal parking in those spaces.
HRS 291-71 and 291-72 were updated in 2021 to amend language around EV
charger requirements, to clarify that EVs parked in designated spaces are required to be
actively charging,to allow for owners of parking facilities to charge a fee for the EV
charging systems,requiring that EV chargers shall be maintained in good working order,
and allowing law enforcement or parking enforcement officer to access private property
to enforce provisions of the section, provided they contain an EV charging station.
Finally, in 2021, HRS 291-73 was added to allow Counties to adopt an ordinance to
enforce the requirements found within HRS 291-71 and 291-72. Bill 120 is the
culmination of the County Council's initial effort to adopt such an ordinance.
According to the State Department of Business, Economic Development, and
Tourism (DBEDT) research and economic development division, in March 2022 the
number of passenger electric vehicles in the state was 18,923,which was an increase of
4,892 vehicles (34.9%) over the same month in 2021. This is a significant growth rate
when compared with the 0.1% increase in passenger gasoline vehicles during the same
time period.' Furthermore, according to the U.S. Department of Energy (USDOE), there
are currently 360 public charging stations available statewide 2,however only 47 of those
(13%) are located on Hawaii island. Given the growth in the use of EVs and the
relatively small number of charging stations on the island, the Planning Director concurs
with the County Council that there is a need to address the provision of new EV charging
facilities in places of public accommodation to accommodate the increased need.
Bill 120 as written incorporates the intent of HRS sections 291-71 but goes even
further to require more dedicated EV charging systems and spaces than required in the
state statute. According to the bill, all new parking facilities in places of public
accommodation with at least 50 parking stalls will be required to provide at least one (1)
EV charging system with at least two (2)plugs for each increment of 50 parking spaces
'https://dbedt.hawaii.gov/economic/files/2022/04/Energy_Trend.pdf
2 https://afdc.energy.gov/stations/#/analyze?region=US-HI&fuel=ELEC
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between the adoption of the ordinance and the end of 2023. This requirement increases
over time to include more chargers and plugs,with up to at least eight(8)plugs and
associated parking spaces by the end of 2029.
Existing parking facilities with over 50 parking stalls that apply for Plan Approval
after the adoption of the ordinance will have an additional two (2)years to come into
compliance with the requirements outlined above.
Finally, existing parking facilities with over 50 parking stalls that do not need to
apply for Plan Approval,will be required to comply with the requirements of HRS 291-
71, likely enforced by either proactive compliance on the part of the lot owner, or based
on a public complaint for violations of the Zoning Code requirements.
The bill, as written may have an economic impact on lot owners, however, the bill
does allow a site owner to charge a reasonable fee for the use of an EV charger, and the
State has a rebate program in place for landowners who install the required EV charging
systems, so this may alleviate some of the up-front installation costs and maintenance
costs moving forward. Furthermore, the bill gives the Planning Director the authority to
require fewer direct current fast chargers, so long as the overall charging capacity is equal
to or greater than what would otherwise be required with the required alternating current
Level 2 chargers.
Finally,there are exceptions and exemptions for parking facilities that have
certain site constraints, for example, lack of necessary electrical infrastructure to the site
to support the EV charging systems and location of the site in the highest flood risk zone
as established by FEMA.
PLANNING DIRECTOR'S RECOMMENDATION
The Planning Director is generally supportive of the intent of Bill 120 and
appreciates the time and effort the County Council has taken to draft legislation to
address the need for EV chargers and parking spaces in areas of public accommodation in
Hawaii County. The Director is recommending various revisions to Bill 120 to address
housekeeping changes that are needed to implement the intent of Bill 120, and more
substantive changes so to help better enforce the requirements found therein.
The Planning Commissions may approve all, some, or none of the Director's
suggested recommendations. The Commissions may also offer their own revisions to the
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bill. The Windward and Leeward Planning Commission's recommendations will be
forwarded separately,but at the same time,to the County Council for their consideration
and decision.
Recommendation #1
Under Section 1. Purpose, correct the reference to the HRS section from 291-71 to
291-73.
Reason: HRS 291-73 allows Counties to adopt ordinances to enforce the requirements of
291-71.
Recommendation #2
Under Section 24-245. 6. Penalties correct the reference to Section 291-71 and delete the
close quote at the end of the word `Statutes' at the end of the sentence.
Reason: The bill incorrectly references HRS section 291-71, however, this section does
not make references to any fines. The correct reference should be 291-72. The close
quote after the word `Statutes' at the end of the sentence is likely a typo.
Recommendation #3
Under section 3 of the draft bill, consider changing the term "Networked charger"to
match what is in the body of the bill.
Reason: The term, specifically as presented ("networked charger") is not used anywhere
in the body of the bill. "Networked" is used four (4)times in Section 25-4-54.1(a) and the
term,"Network-capable" is used in the definition of"Direct current fast charger."
Consider expanding the term "Networked charger"to include those alternative
references.
Recommendation #4
Under Section 25-4-54.1 (a) Clarify the size/type of parking spaces required to be
considered a `dedicated EV parking space under the requirements of this section.'
Reason: The zoning code allows for different types of parking stalls for compliance with
parking requirements (e.g., compact parking stalls). Consider adding the qualifier, `full-
size' or provide specific, minimum dimensions required for a dedicated EV stall.
Recommendation #5
Under Section 25-4-54.1 (a),clarify that the number of EV designated parking stalls
shall correspond to the maximum number of plugs required under the development
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schedule.
Reason: This section is unclear as written that each required plug needs to correspond
with the number of dedicated EV parking stalls. For example, after 2029, each increment
of 50 parking stalls shall include eight(8) EV designated parking stalls.
Recommendation #6
Under Section 25-4-54.1 (b), change the term "plan review"to"Plan Approval" and
clarify the reference to an additional two (2)years to comply with subsection (a).
Reason: There is no such reference to `plan review' found in the Zoning Code,however,
Plan Approval is the process through which parking requirements are reviewed by the
Planning Department.
The reference to "...an additional two years..."is confusing. The intent of this provision
should be clarified.
Recommendation #7
Section 25-4-54.1 (c) should identify a trigger for existing places of public
accommodation that are not subject to Plan Approval requirements (e.g.,within a certain
amount of time from the code change,based on public complaints, etc.).
Reason: The requirement for existing places of public accommodation that are not
subject to Plan Approval to comply with HRS Section 291-71 has no timed compliance
trigger or other enforcement mechanism, so it is unclear how existing places of public
accommodation meeting the size criteria will come into compliance.
Recommendation #8
Clarify the apparent conflict between the number of parking stalls required for each EV
charger vs. each plug on an EV charger.
Reason: Under Section 25-4-54.1 (a),it appears that the number of dedicated parking
stalls corresponds to the number of plugs available, however under Section 25-4-54.1 (e),
the bill requires a dedicated EV parking stall for all EV chargers (which can include
several plugs).
Recommendation #9
Section 25-4-54.1 (f),does not allow EV designated spaces to displace or reduce ADA
accessible stalls,but does not address requirements for ADA accessible EV Stalls.
Consider adding section referencing ADA requirements for EV stalls.
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Reason: The State Disability and Communication Access Board (DCAB) issued an
interpretive opinion (Planning Department Exhibit 5—DCAB 2012-01) relating to the
requirement of EV charging stations to be accessible for all public buildings, facilities
and sites constructed by, or on behalf of the State or any county. According to this
opinion, "Where EV charging stations are provided, 5%, but not less than one of each
type ofEV station shall be accessible. "In addition,the opinion articulates design
requirements for an ADA accessible EV parking stall.
Recommendation #10
Under Section 25-4-54.1 (h),consider defining what is considered a `reasonable' fee.
Reason: The qualifier `reasonable' is subjective and difficult to enforce. Consider adding
a fee cap or a fee schedule based on KWh charged.
Recommendation #11
Under Section 25-4-54.2 (a), consider including a ratio, formula, or equivalency table to
compare the charging capacity between alternating current Level 2 charger and a direct
current fast charger.
Reason: This tool will help the Planning Director determine charging capacity between
the different charger types.
Recommendation #12
While Section 25-4-54.2 (b)(1) allows for an exemption to the requirements of 25-4-54.1
if the location does not have established electrical service or lacks adequate infrastructure
to provide sufficient electrical current for vehicle charger implementation, there is no
similar exemption if internet access is unavailable.
Reason: The bill requires both the alternating current Level 2 charger and a direct current
fast charger to be `networked' or `network-capable' respectively,but there is no
requirement in the bill for an internet connection to track charger use or be remotely
accessible. Consider clarifying whether an internet connection is a requirement for
implementation of this proposed bill.
For the reasons detailed above,the Planning Director recommends that the Planning
Commissions send a favorable recommendation of Bill No. 120,to the County Council with
the suggested revisions recommended by the Director.
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Office:ce: (808)961-8396
Susan L.K. Lee Loy '''
Council Member � Fax: (808)965-8912
District 3 Email; sue.leelnyaJhawaiicounty.gov
CQH PLANNING DEBT
�•"' FEB 24 2022 PM12:U8
HAWAII COUNTY COUNCIL RECD HAND DELVERED
25 Aupuni Street,Hila,Hawaii 96720
DATE: February 23, 2022
TO: Zendo Kern, Director
Planning Department
FROM: Susan L.K. Lee Loy, Chair
Committee on Public Works
SUBJECT: Referral of Bill 12.0; an Ordinance amending Chapter 24,Article 8, and Chapter
25, Article 1 and Article 4, Division 5, of the Hawaii County Code 1983 (2016
Edition, as Amended),relating to providing, maintaining, and dedicating parking
spaces and charging stations for electric vehicles.
Pursuant to Section 25-2-43(b) of the Hawaii County Code, I am submitting Bill 120, enclosed
for your comment and recommendation. I also request that you forward the same to the
Windward and Leeward Planning Commissions for their comment and recommendation.
Bill 120 was referred for comment and recommendation to the Planning Director and the
Windward and Leeward Planning Commissions by the Hawaii County Council's Committee on
Public Works and Mass Transit on February 22, 2022. -
After your and the Commissions review,please forward your comments and recommendations to
Council Chairperson Maile David.
Thank you for your attention to this matter.
Enc.
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Planning Dept. Hawaii County Is an Equal Opportunity Provider And Employer
Exhibit 1
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HEATHER L. KIMBALL ,c• I� :,} Contact Information
Council Member + (808)961-8828
Chair, Committee on Governmental Operations, .;: ,.: (808)961-8018(staff)
Relations and Economic Development 'r•�x}"' heather.kimball@hawaiicounty.gov
Council District 1
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HAWAII COUNTY COUNCIL
County ofxawai'i
Hawai`i County Building w .
25 Aupuni Street, Suite 1902
Hilo, Hawad`i 96720 r
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DATE: February 1,2022 �-
TO: Maile Medeiros David, Council Chair
and Members of the Hawaii County Council
FROM: Heather Kimball, Council Member
Council District 1
SUBJECT: AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, AND CHAPTER 25,
ARTICLE I AND ARTICLE 4, DIVISION S, OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED), RELATING TO PROVIDING,
MAINTAINING,AND DEDICATING PARKING SPACES AND CHARGING
STATIONS FOR ELECTRIC VEHICLES.
Attached is an ordinance amending the County of Hawaii Code by adding new sections relating to
providing, maintaining,and dedicating parking spaces for electric vehicles.
Please place this on the appropriate committee's agenda.
Mahalo.
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Ref. To: -1wo
Ref. Date
Hawaii County is an Equal Opportunity Pravider and Employer
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HAWAII �:J STATE OF HAWAVI
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BILL N . 120 3
ORDINANCE N .
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, AND CHAPTER 25,
ARTICLE 1 AND ARTICLE 4, DIVISION 5, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO PROVIDING, MAINTAINING, AND
DEDICATING PARKING SPACES AND CHARGING STATIONS FOR ELECTRIC
VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Section 291-71, Hawaii Revised Statutes, requires all places of
public accommodation with at least one hundred parking spaces for use by the general public to
have at least one parking space equipped with an electric vehicle charging system. This section
authorizes each county to adopt an ordinance to enforce the requirements of section 291-71.
Further, section 291-72, Hawaii Revised Statutes,provides that it shall be a traffic infraction
subject to fines to park non-electric vehicles in spaces reserved for electric vehicles or to park in
a parking space equipped with an electric vehicle charging system while not actively charging an
electric vehicle. The purpose of this ordinance is to enforce the requirements of sections 291-71
and 291-72, Hawaii Revised Statutes.
SECTION 2. Chapter 24, article 8, of the Hawaii County Code 1983 (2016 Edition, as
amended) is amended by adding a new division 7 to read as follows:
"Division 7. Parking for electric vehicles.
Section 24-245.4. Definitions.
As used in this division:
""Electric vehicle"means:
(1) A neighborhood electric vehicle as defined in this section;
(2) A vehicle, with four or more wheels that draws propulsion energy from a battery
with at least four kilowatt hours of energy storage capacity that can be recharged from
an external source of electricity, or
(3) A fuel cell electric vehicle."
""Electric vehicle charging system"means a system that:
(1) Is capable of providing electricity from a non-vehicle source to charge the batteries of
one or more electric vehicles;
(2) Meets recognized standards, including standard SAE J1772 of SAE International; and
{
(3) Is designed and installed in compliance with article 625 of the National Electrical
Code; provided that the term shall not include facilities or systems for refueling the
hydrogen storage tank of a fuel cell electric vehicle."
""Fuel cell electric vehicle"means a zero-emission electric vehicle that uses a fuel cell to
convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for
propulsion."
""Neighborhood electric vehicle" means a self-propelled electrically powered motor
vehicle to which all of the following; apply:
(1) The vehicle is emission free;
(2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour
or less,
(3) The vehicle has four wheels in contact with the round;
(4) The vehicle has a gross vehicle weight rating; of less than three thousand pounds; and
(5) The vehicle conforms to the minimum safetyquipment requirements as adopted in
the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R.
571.500)."
Section 24-245.5. Parkins privileges.
(a) Only electric vehicles may be parked in a parking space designated and marked as reserved
for electric vehicles.
(b) Only electric vehicles that are activelyging may be parked in a parking; space equipped
with an electric vehicle charging system that is designated and marked as reserved for this
purpose.
Section 24-245.6. Penalties.
Any person who uses a parking space in violation of section 24-245.5, shall be guilty of a
traffic infraction and fined accordingto o chapter 291D and section 291-71, Hawaii Revised
Statutes."
SECTION 3. Chapter 25, article 1, section 25-1-5 of the Hawaii County Code 1983 (2016
Edition, as amended) is amended by adding the following definitions to be appropriately inserted
and to read as follows:
""Alternating current Level 2 charging station," commonly referred to as "Level 2 charging
station," means an electric vehicle charging system that utilizes alternating current electricity
providing at least three kilowatts and means a system that:
(1) Is capable of providing electricity from a non-vehicle source to charge the batteries of
one or more electric vehicles
(2) Meets recognized standards and protocols including but not limited to Society oof
Automotive Engineers (SAE) J1772TM of SAE International and Tesla protocol; and
(3) Is designed and installed in compliance with article 625 of the National Electrical
Code to appropriate Nationally Recognized Testing Laboratories' standards."
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4b"Direct current fast charger"means an electric vehicle charger r that:
(1) Utilizes direct current electricity providing at least fifty kilowatts or greater, t
(2) Is network-capable;
(3) Meets recognized standards and protocols, including but not limited to SAE
Combined Charging System, Tesla protocol, and CHAdeMO protocol;
(4) Is safety certified by a nationally recognized testing laboratory-,
(5) Is designed and installed in compliance with article 625 of the National Electrical
Code, and
(6) Contains ports to support at least two industry standard charging protocols for more
equitable distribution and access to charging."
""Electric vehicle" means:
(1) A neighborhood electric vehicle as defined in this section;
(2) A vehicle, with four or more wheels, that draws propulsion energy from a battery
with at least four kilowatt hours of energy storage capacity that can be recharged from
an external source of electricity, or
(3) A fuel cell electric vehicle."
""Electric vehicle charging system" means a system that:
(1) Is capable of providing electricity from a non-vehicle source to charge the batteries of
one or more electric vehicles;
(2) Meets recognized standards, including standard SAE J1772 of SAE International; and
(3) Is designed and installed in compliance with article 625 of the National Electrical
Code; provided that the term shall not include facilities or systems for refueling the
hydrogen storage tank of a fuel cell electric vehicle."
""Fuel cell electric vehicle"means a zero-emission electric vehicle that uses a fuel cell to
convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for
propulsion."
""Neighborhood electric vehicle" means a self-propelled electrically powered motor
vehicle to which all of the followingapply:
(1) The vehicle is emission free;
(2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour
or less;
(3) The vehicle has four wheels in contact with the round;
(4) The vehicle has a gross vehicle weight rating of less than three thousand pounds; and
(5) The vehicle conforms to the minimum safety equipment requirements as adopted in
the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R.
571.500)."
""Networked charger" refers to electric vehicle charging systems that are able to connect to
the internet."
""Place of public accommodation" means a business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind whose goods, services, facilities,
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privileges, advantages, or accommodations are extended, offered, sold, or otherwise made
available to theeenneral public as customers, clients, or visitors. By of example, but not of
limitation,place of public accommodation includes facilities of the following_, pes:
(1) A facility providing services relating to travel or transportation;
(2) An inn, hotel, motel, or other establishment that provides lodging to transientug ests;
(3) A restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility
principally engaged in selling food for consumption on the premises of a retail
establishment;
(4) A shopping center or any establishment that sells goods or services at retail,
(5) An establishment licensed under chapter 281, Hawaii Revised Statutes, doing
business under a class 4j, 7 8 9 10 11 or 12 license as defined in section 281-31
Hawaii Revised Statutes,•
(6) A motion picture theater, other theater, auditorium, convention center, lecture hall,
concert hall, sports arena, stadium, or other place of exhibition or entertainment,
(7) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing or
massage salon, or other establishment conducted to serve the health, appearance, or
physical condition of persons;
(8) A park a campsite, or trailer facility, or other recreation facility;
(9) A comfort station; or a dispensary, clinic, hospital, convalescent home, or other
institution for the infirm•
(10) A professional office of a health care provider, as defined in section 323D-2, Hawaii
Revised Statutes or other similar service establishment;
(11) A mortuary or undertaking establishment;and
(12) An establishment that is physically located within the premises of an establishment
otherwise covered by this definition, or within the premises of which is physically
located a covered establishment, and which holds itself out as serving patrons of the
covered establishment."
SECTION 4. Chapter 25, article 4, division 5, of the Hawaii County Code 1983 (2016
Edition, as amended) is amended by adding two new sections to read as follows:
"Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging systems.
(a) All newly constructed places of public accommodation shall have the following electric
vehicle chargers, installed in dedicated parking spaces, and maintained in working order at
all times, for each increment of fifty parking stalls:
(1) Networked alternating current Level 2 charger(s) with a total of at least two plugs,by
the end of 2023,
(2) Networked alternating current Level 2 charger(s) with a total of at least four plummy
the end of 2025;
(3) Networked alternating current Level 2 charger(s) with a total of at least six plugs, by
the end of 2027• and
(4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs,
by the end of 2029.
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(b) Existing places of public accommodation that submit for plan review and will have fifty
parking spaces or more have an additional two years to comply with subsection(a) and are
otherwise subject to the other provisions of this section.
(c) Existing places of public accommodation not subject to subsection (b) shall comply
section 291-71, Hawaii Revised Statutes and are otherwise subject to the other provisions
of this section.
(d) All existing electric vehicle chargers must be maintained in good working order.
(e) A dedicated parking space must be provided for all electric vehicle chargers. Dedicated
parking spaces for electric vehicle charging must be clearly marked and include signage
that states that parking is only for electric vehicles that are activelyging.
(f) Parking spaces designated for electric vehicles shall not displace or reduce accessible stalls
required by the Americans with Disabilities Act.
(g) Every parking facility that meets the size criteria must comply with the requirements of this
section regardless of ownership, except as otherwise provided in section 25-4-54.2.
(h) Site owners are not precluded from charging a reasonable fee for the use of the charging
station.
Section 25-4-54.2. Alternatives and exemptions; parkine for electric vehicles; electric
vehicle charging systems.
(a) At the discretion of the director or the director's designee the electric vehicle charging
requirements may be met by a fewer number of direct current fast chargers provided that
the charging capacity at the place of public accommodation is equal to or greater than the
capacity established under the applicable subsection of section
25-4-54.1.
(b) Places of public accommodation shall be exempted from the applicable requirements of
section 25-4-54.1 if-
(1)
£(1) The location does not have established electrical service or lacks adequate electrical
infrastructure to provide sufficient electrical current for electric vehicle charger
implementation.
(2) The location is identified as being in the highest flood risk zone as established by the
Federal Emergency Management Agency's Digital Flood Insurance Rate Map."
SECTION 5. New material is underscored. In printing this ordinance, the underscoring
need not be included.
5
SECTION 6. Severability. If any provision of this ordinance, or the application thereof to
any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY: �I
E
COUNCIL MEM ER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 608
6
4/13/22, 10:09 AM HRS
PART IV. PARKING FOR ELECTRIC VEHICLES
Note
Part heading amended by L 2021, c 75, §6 .
Revision Note
Part heading added by revisor pursuant to §23G-15 .
§291-71 Designation of parking spaces for electric vehicle charging
systems . (a) Places of public accommodation with at least one hundred
parking spaces available for use by the general public shall have at least
one parking space equipped with an electric vehicle charging system located
anywhere in the parking structure or lot; provided that no parking space
designated for electric vehicles shall displace or reduce accessible stalls
required by the Americans with Disabilities Act Accessibility Guidelines;
provided further that no vehicle shall be permitted to park in a parking
space equipped with an electric vehicle charging system while not actively
charging. Spaces shall be designated, clearly marked, and the exclusive
designation enforced. Owners of multiple parking facilities within the
State may designate and electrify fewer parking spaces than required in one
or more of their owned properties; provided that the scheduled requirement
is met for the total number of aggregate spaces on all of their owned
properties . Nothing in this section shall prohibit the owners of parking
structures or lots from charging a fee for the use of an electric vehicle
charging system.
(b) Effective January 1, 2022, each new electric vehicle charging
system installed or placed in service pursuant to this section shall be at
least a level 2 charging station that is network-capable .
(c) Electric vehicle charging systems shall be maintained in working
order.
(d) As used in this section:
"Electric vehicle" means :
(1) A neighborhood electric vehicle as defined in section 286-2;
(2) A vehicle, with four or more wheels, that draws propulsion energy
from a battery with at least four kilowatt hours of energy
storage capacity that can be recharged from an external source of
electricity; or
(3) A fuel cell electric vehicle .
"Electric vehicle charging system" means a system that :
(1) Is capable of providing electricity from a non-vehicle source to
charge the batteries of one or more electric vehicles;
(2) Meets recognized standards, including standard SAE J1772 of SAE
International; and
(3) Is designed and installed in compliance with article 625 of the
National Electrical Code;
provided that the term shall not include facilities or systems for
refueling the hydrogen storage tank of a fuel cell electric vehicle .
"Fuel cell electric vehicle" means a zero-emission electric vehicle
that uses a fuel cell to convert hydrogen gas and oxygen into electricity
that is used in a vehicle powertrain for propulsion.
Planning Depi.
https://www.capitol.hawaii.gov/hrscurrent/VoIO5—ChO261-0319/HRS0291/HRS-0291-0071.htm Exhibit ___. 2T_ 1/2
4/13/22, 10:09 AM HRS
"Level 2 charging station" shall have the same meaning as "alternating
current Level 2 charging station" in section 269-72 .
"Place of public accommodation" has the same meaning as that provided
in section 489-2 . [L 2009, c 156, pt of §4; am L 2012, c 89, §2; am L 2019,
c 143, §2; am L 2021, c 75, §8]
Previous Chapter 291 Next
https://www.capito I.hawai i.gov/h rscu rre nt/Vo 105—ChO261-0319/H RS0291/HRS-0291-0071.htm 2/2
4/13/22, 10:09 AM HRS
§291-72 Parking spaces reserved for electric vehicles and electric
vehicle charging systems; penalties . (a) Any person who parks a non-
electric vehicle in a space designated and marked as reserved for electric
vehicles or parks any vehicle in a parking space equipped with an electric
vehicle charging system while not actively charging shall be guilty of a
traffic infraction under chapter 291D and shall be fined not less than $50
nor more than $100, and shall pay any costs incurred by the court related
to assessing the fine .
(b) Any citation issued under this section may be mailed to the
violator pursuant to section 291C-165 (b) .
(c) Notwithstanding any law to the contrary, and in addition to any
other authority provided by law that is not inconsistent with this section:
(1) A law enforcement officer may access the property of a private
entity to enforce the provisions of this part; and
(2) A commissioned volunteer enforcement officer may access the
property of a private entity to enforce the provisions of this
section; provided that the private entity' s parking lot contains
a parking space required by section 291-71 . [L 2009, c 156, pt of
§4; am L 2012, c 89, §3; am L 2021, c 75, §9]
Previous Chapter 291 Next
Planning Dep,.
Exhibit-3- -
https://www.capito I.hawai i.gov/h rscu rre nt/Vo 105—ChO261-0319/H RS0291/HRS-0291-0072.htm 1/1
4/27/22,9:51 AM HRS
[§291-73] Ordinances to enforce authorized. Each county may adopt
ordinances to enforce the requirements of section 291-71, including the
establishment of penalties for failure to comply with the requirements of
that section or maintain electric vehicle charging systems in working
order. [L 2021, c 75, §7]
Previous Chapter 291 Next
Planning Dept.
]Exhibit_._ 4 _
https://www.capito I.hawai i.gov/h rscu rre nt/Vo IO5_Ch0261-0319/H RS0291/H RS_0291-0073.htm 1/1
r OF+r,
DISABILITY AND COMMUNICATION ACCESS BOARD
1010 Richards Street,Room 118,Honolulu,HI 96813 V:(808)586-8121 Fax:(808)586-8129
INTERPRETIVE OPINION
Pursuant to §103-50, Hawaii Revised Statutes (HRS), all public buildings, facilities and sites constructed by, or
on behalf of the State or any county, shall conform to the 2004 Americans with Disabilities Act Accessibility
Guidelines (2004 ADAAG) and amendments. In accordance to HRS §103-50 and Chapter 11-216, Hawaii
Administrative Rules, the Disability and Communication Access Board has authority to issue interpretive
opinions to HRS §103-50 design standards.
Docket: DCAB 2012-01 Are electric vehicle (EV) charging stations required to be accessible? If they
are required to be accessible,what are the scoping and technical requirements for `Accessible
EV Charging Stations'?
Amend: The width of the EV Charging stall is required to be 16 feet. The width of the stall can
accommodate two vehicles, in order to deter more than one car parked in the EV stall, can an
access aisle be striped within the extents of the 16 foot wide stall? If so,what configurations are
allowed?
Summar w: While the ADAAG does not contain any specific reference to EV charging stations, the overall
premise of the ADAAG is that new and altered buildings, facilities and sites must be accessible and
usable by persons with disabilities. In addition, under Title II of the ADA, state and local
governments have a "program access" obligation to not discriminate on the basis of a disability.
When state and county entities provide EV charging stations, they are offering a program, service or
activity and therefore, the program, service or activity is required under the ADA to be accessible to
persons with disabilities. Based on the broad nondiscrimination requirement of the ADA, EV
charging stations must be accessible to and usable by a person with a disability. These EV charging
stations however, must not displace or replace any accessible parking stalls required be ADAAG
208.1.
Where there is not a specific scoping for an element, the Department of Justice requires a reasonable
number, 5%, not less than one of each type, to be accessible. The stall size should be consistent with
the ADAAG requirement for accessible parking stalls since the size of EV vehicles are the same as
non-EV vehicles. ADAAG requires an accessible parking stall to be 96 inches wide minimum and
each stall is required to be served by an access aisle that is 60 inches wide minimum. The size of an
EV stall must also be wide enough to provide an accessible route around the vehicle. The minimum
width of an accessible route is 36 inches. Given the size of the vehicle stall, access aisle and
accessible route, the minimum size of an EV parking stall would be 192 inches (16 feet), similar to
the space required for an accessible van. It is recommended that an access aisle not be marked given
that the charging inlet location varies from vehicle to vehicle. These inlet locations can be located
on either side or in some cases on the front or rear of a vehicle. By not striping the access aisle and
providing a"large stall" that consists of the stall and access aisle combined, allows a vehicle to pull
up and park to either side of the parking space to best accommodate the location of the charging inlet
on the vehicle.
Planning Depi.
Exhibit _5
The EV charging equipment is an operable device that is required to comply with ADAAG 309
Operable Parts. Turning space is necessary at the EV charging equipment to allow someone in a
wheelchair to turn around and return to the car with the charging equipment. Similarly, when
charging is completed, someone will need to take the charging device back to the charging station,
turn around and go back to their vehicle.
Ruling: For buildings or facilities subject to HRS §103-50,
ADAAG Section 309 Operable Parts and 502 Parking Spaces
Where EV charging stations are provided, 5%, but not less than one of each type of EV station shall be
accessible.
An accessible stall at an EV charging station shall be 192 inches wide minimum. The stalls at accessible
EV charging stations shall comply with ADAAG Section 302; changes in level are not permitted. Slopes
within the accessible charging stalls shall not exceed 1:48 in any direction. It is not recommended that
access aisles be marked given that the charging inlet locations vary from vehicle to vehicle, however if
marked access aisles are provided,it is recommended to follow the configurations shown below. Accessible
charging stalls shall be designed so that cars, when positioned in the stall, cannot obstruct the required clear
width of adjacent accessible routes.
The EV charging equipment shall comply with ADAAG Section 309 operable parts. Turning space
complying with ADAAG 304.3 shall be provided at the EV charging equipment.
An accessible route shall be provided from an accessible EV charging stall to the accessible EV charging
equipment. An accessible EV charging station shall connect to an accessible route and shall comply with
ADAAG 206.2.2. Accessible routes shall comply with ADAAG Chapter 4. Use of the State of Hawaii
accessible parking signage, §11-219-14 Exhibit 1 and Exhibit 2, is prohibited.
R
a a
N LU
$LU
a
m ^�
j 1
a
N
W MIN ACCESS I 96"MIN ACCESS
AISLE 13Y MIN AISLE W MIN
ON EITHER SIDE i STALL ON EITHER SIDE STALL
192"MIN 792'MIN
FIGURE 7a FICURE 16
OPT*NAL STRIPED 5'& OPTIONAL STRIPED V&
WIDE ACCESS AISLE WIDE ACCESS AISLE
Recommended signage for accessible EV charging stall with figures.
RESERVED PAR ING
STALL
E
ELECTRIC VEHICLES ACCESS
ONLY
THIS CHARGING STATION IS ACCESSIBLE AISLE
12"
FIGURE 2a FIGURE 2b
RESERVED STALL SIGNAGE ACCESS AISLE SIGNAGE AT
OPTIONAL STRIPED ACCESS
AISLE
[Rul: 01/21/2016] (Auth and Imp: HRS §103-50)
[Rev: 03/11/202 ]
If you have any questions or comments regarding this ruling, please call us at 586-8121.
DISABILITY AND COMMUNICATION ACCESS BOARD