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

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So, continued proposed amendments to Chapter 25, the section further requires EV charges to be maintained in good working order, and that dedicated parking space with appropriate marking and signage that indicates that"Parking is only for EV's that are actively charging"must be provided for all EV chargers. Furthermore, this section clarifies that designated EV parking spaces shall not displace or reduce accessible stalls as required by the ADA. The section requires every parking facility meeting the size criteria to comply with requirements of the section, regardless of ownership except as allowed for the alternatives and exemptions section of the proposed bill. Finally, this section allows site owners to charge a reasonable fee for the use of the charging station. Further proposed amendments are section related to alternatives and exemptions for EV parking. This provides the Planning Director the authority to determine that if EV charging requirements can be satisfied by a smaller number of direct current fast chargers, he can do so so long as the overall charging capacity at the place of public accommodation is equal to or greater than the capacity required under the bill. Additionally, places of public accommodation can be exempted from applicable requirements, 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 Flood Insurance Rate Map. So the Planning Director is recommending that the Planning Commissions forward a favorable recommendation to the County Council for Bill 120, with the following recommended revisions—and before I jump into that, I'll give you a little bit of peek into how the sausage is made. So we received the draft bill, understanding that we are going to carry it to the Planning Commissions, reviewed it and had some conversations with Councilmember Kimball's office and Councilmember Kimball just to give her an idea of what some of our concerns and proposed changes were. So that's largely what's going to be listed here. Due in part to timing, Councilmember Kimball was able to submit back to us some proposed revisions of her own. So the next section will talk about what the Director's recommended changes are and then talk about any proposed revisions that the Councilmember provided to us, and if those met up and matched, will show where that took place and then give you an idea of the Director's support for that. So with that preamble in mind, let's get into this. Our first recommendation is under Section 1 of the bill under Purpose is to correct the reference to the HRS Section from 291-71 to 291-73. The reason for this is it's in HRS 291-73 that allows counties to adopt ordinances to enforce the requirements of the section and not what was listed. Under, our second recommendation is 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. This is just clerical; the bill incorrectly references HRS Section 291-71, which does 4 EXHIBIT B