2022-05-19 Leeward Exh B (Item 2 Council Bill No 120 PL-CC-2022-000001)

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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 this bill is to be broadly inclusive of any places that meet the preceding criteria, regardless of landownership. So specifically, we talk about proposed amendments to Chapter 24, and that's the Vehicles and Traffic section of our County Code. The bill seeks to amend Chapter 24 with a section related to parking privileges by requiring that only EVs may be parked in parking spaces designated and marked as reserved for EVs, and only EVs that are actively charging may be parked in a parking space equipped with an EV charging station. Furthermore, proposed section related to penalties indicates that any person who uses the parking space in violation of the parking privileges section above shall be guilty of a traffic infraction and fined according to provisions in the HRS, and those are: According to that, the fines shall be not less than 50 dollars nor more than 100 dollars; and the fined parry must also pay any costs incurred by the court related to assessing the fine. Now, amendments to Chapter 25, our Zoning Code, the bill seeks to amend Chapter 25 with the section related to parking for electric vehicles and electric vehicle charging stations as follows: For new parking areas and places of public accommodation, for each increment of 50 parking stalls, an owner shall install and maintain a good working order at all times EV chargers in dedicated EV parking spaces based on a schedule between adoption of the ordinance and the years 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. And so I just made a little table here indicating by the end of 2023, at least two networked AC Level 2 chargers with at least two plugs, and then going on from there, and ending in 2029 with at least eight, pardon me, networked AC Level 2 chargers with at least eight plugs per increment of 50 parking stalls. Continued proposed amendments to Chapter 25 now speaks to existing parking areas in places of public accommodation with over 50 parking stalls that apply for Plan Approval to the Planning Department, the owner will have an additional two years to come into compliance as follows so it's the same schedule, only it's two additional years ending in 2031. Finally, all other existing parking areas and places of public accommodation that do not need to apply for Plan Approval will need to comply with the requirements of HRS 291-71, and those are one EV charger and one dedicated parking stall for every 100 parking spaces. I need to just clarify, in our background recommendation report, we incorrectly said on page 6 that all other existing parking areas, I had it limited to 50 parking stalls, that's not accurate; it's in all other cases regardless of number of stalls, as long as they have at least 100 parking stalls, the HRS would apply. Okay? And so we look at things like enforcement, kind of enforcement, or compliance, will likely be enforced by proactive compliance on the part of a landowner or based on public complaints for violations of the Zoning Code requirements. And so I can tell you just, for example, we have, when we've done Plan Approval, applied these requirements to larger parking areas, so there is a few in Hilo that have come in recently that we required EV parking stall relative to HRS requirements because that's the law currently. 3 EXHIBIT B