2022-05-05 Windward Exh C (Item 3 County Council Initiated PL-CCI-2022-001)

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amendments to two (2) sections of the Hawaii County Code. It's a little bit different, I'll be going over the proposed changes and we'll have some discussion on the Director's recommendation and some proposed amendments from both the Director, as well as from Councilmember Kimball who submitted some additional changes after the original bill was forwarded. So, the Bill 120 the request and purpose are as follows. The Hawaii County Council has introduced Bill Number 120, which seeks to amend Chapter 24, Article 8 and Chapter 25, Articles 1 and 4, Division 5 of Hawaii County Code 1983 (2016 Edition, as amended), relating to electric vehicle (EV) charging stations and provision of and enforcement for electric vehicle parking spaces. 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 and 291-72 of the Hawaii Revised Statutes (HRS). So, a brief legislative timeline to give you an idea of where this authority came from. Legislation creating both 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. Those sections 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 pee,pardon me a fee for the EV charging systems. Requiring that EV chargers be maintained in good working order and allowing law enforcement or parking enforcement officers to access private property to enforce provisions of the section, provided they contain an EV charging station. Finally, in 2021, a new section of HRS was added and that's 291-73 to allow Counties to adopt an ordinance to enforce the requirements found within HRS 291-71 and 72. So this particular Bill 120 is the culmination of the County Council's initial effort to adopt such an ordinance. So, part of the changes to these sections of Code starts with definitions. The bill proposes to amend Hawaii County Code (HCC), Chapter 24 and that's the Vehicles and Traffic Code to include definitions for Electric Vehicle, Neighborhood Electric Vehicle, Fuel Cell Electric Vehicle, and Electric Vehicle Charging System. The bill further proposes to amend Chapter 25 our Zoning Code, with the definitions outlined above and add definitions for Alternating Current Level 2 Charging Station, Direct Current Fast Charger, Network Charger, and Place of Public Accommodation. The proceeding list of definitions are largely copied from sections of State Law of Hawaii Revised Statutes. So, one of most important definitions is what is a"Place of Public Accommodation". The HRS defines it, and it also is defined in the bill 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. So, in the draft bill the definition goes on to offer 12 examples of places of public accommodation, however, those examples were 2 EXHIBIT C