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

Home

The Councilmember proposes to delete Section 25-4-54.1 (g) which states that 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, which is the exemption section. The reason for this is this section contradicts the aggregation privilege provided in HRS 291-71. And what that aggregation privilege does is that allows owners of multiple parking facilities within the State to designate and electrify fewer parking spaces than required in one or more of their own properties; provided that the scheduled requirement is met for the total number of aggregate spaces on all their own properties. So, think University of Hawaii that's a statewide system. If they max out the number of charging stations in their facilities on Oahu to meet the overall requirements, they may not have to add those charging station and a new parking facility here in Hilo. So that's the State law allows that kind of aggregation privilege and because that privilege is enshrined in State law the bill cannot conflict with that. Additional proposed amendments from Councilmember Kimball are under Section 25-4-54.1 Parking for electric vehicles; electric vehicle charging system. She proposes to add with the appropriate item lettering, "electric vehicle charging stations shall only be required to be available for use by the public during such times as the place of public accommodation is also open for public use." The reason for this is to clarify the times that EV charging stations are required to be used, and so the Director agrees with this proposed amendment and recommends adopting this change. There is an additional proposed amendment to Section 25-4-54.2. Alternatives and exemptions parking for electric vehicles; electric vehicle charging systems Section (b ) (1) to read as follows. So, there's an exemption if the location does not have established electrical service or lacks adequate electrical infrastructure to provide 240-volt electrical service for electrical vehicle charger implementation. The reason for this is to clarify and to quantify what was meant originally by sufficient electrical current. The Director agrees with this clarifying amendment and recommends that the Commission adopt this change. Another proposed change is under Section 3 Definitions. The Councilmember proposes to amend the definitions for"electric vehicle charging system", "alternating current Level 2 charging station", and"direct current fast charger"to delete references to installation compliance with Article 625 of the National Electrical Code as it is already covered by Chapter 5D, which is part of our Building Code of the Hawaii County Code. So, I believe the Councilmember felt like it was kind of redundant, since our County Code already requires that. So, that the Planning Director agrees with a proposed amendment and recommends that the Commission adopt the change. This next proposed change was not part of the document that was provided to you from the Councilmember. However, she would like to add that under Section 25-4-54.2. Alternatives and exemptions; parking for electric vehicles; electric vehicle charging systems she'd like to add a subsection (c) which would be worded as follows. Owners of multiple parking facilities within the State who intend to use the aggregation allowance provided in Section 291-71, Hawai`i Revised Statutes, shall provide the Director with documentation to demonstrate that the electric vehicle charging requirements have been met at the time of application for plan review. And so, 8 EXHIBIT C