PD BACKGROUND & RECOMMENDATION REPORT (PL-CCI-2022-000001)

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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 -5-