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Home My WebLink AboutBIL 120 Draft 01 2020-2022 3 I pJNtYaoe qty. i ` STATE OF HAWAVI i BILL N . 120 3 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24,ARTICLE 8,AND CHAPTER 25, ARTICLE 1 AND ARTICLE 4, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO PROVIDING, MAINTAINING,AND DEDICATING PARKING SPACES AND CHARGING STATIONS FOR ELECTRIC VEHICLES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Section 291-71, Hawaii Revised Statutes, requires all places of public accommodation with at least one hundred parking spaces for use by the general public to have at least one parking space equipped with an electric vehicle charging system. This section authorizes each county to adopt an ordinance to enforce the requirements of section 291-71. Further, section 291-72, Hawaii Revised Statutes,provides that it shall be a traffic infraction subject to fines to park non-electric vehicles in spaces reserved for electric vehicles or to park in a parking space equipped with an electric vehicle charging system while not actively charging an electric vehicle. The purpose of this ordinance is to enforce the requirements of sections 291-71 and 291-72, Hawaii Revised Statutes. SECTION 2. Chapter 24, article 8, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by adding a new division 7 to read as follows: "Division 7. Parking for electric vehicles. Section 24-245.4. Definitions. As used in this division: ""Electric vehicle"means: (1) A neighborhood electric vehicle as defined in this section; (2) A vehicle, with four or more wheels that draws propulsion energy from a battery with at least four kilowatt hours of energy storage torage capacity that can be recharged from an external source of electricity, or (3) A fuel cell electric vehicle." ""Electric vehicle charging system"means a system that: (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; (2) Meets recognized standards, including standard SAE J1772 of SAE International; and { (3) Is designed and installed in compliance with article 625 of the National Electrical Code; provided that the term shall not include facilities or systems for refueling the hydrogen storage tank of a fuel cell electric vehicle." ""Fuel cell electric vehicle"means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion." ""Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle to which all of the following gpply: (1) The vehicle is emission free; (2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less, (3) The vehicle has four wheels in contact with the round; (4) The vehicle has a gross vehicle weight rating;of less than three thousand pounds; and (5) The vehicle conforms to the minimum safetyquipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R. 571.500)." Section 24-245.5. Parkins privileges. (a) Only electric vehicles may be parked in a parking space designated and marked as reserved for electric vehicles. (b) Only electric vehicles that are actively charging maybe parked in a parking; space equipped with an electric vehicle charging system that is designated and marked as reserved for this purpose. Section 24-245.6. Penalties. Any person who uses a parking space in violation of section 24-245.5, shall be guilty of a traffic infraction and fined accordingto o ch4pter 291D and section 291-71, Hawaii Revised Statutes." SECTION 3. Chapter 25, article 1, section 25-1-5 of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by adding the following definitions to be appropriately inserted and to read as follows: ""Alternating current Level 2 charging station," commonly referred to as "Level 2 charging station,"means an electric vehicle charging system that utilizes alternating current electricity providing at least three kilowatts and means a system that: (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles (2) Meets recognized standards and protocols including but not limited to Societyof Automotive Engineers (SAE) J1772TM of SAE International and Tesla protocol; and (3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards." 2 4b"Direct current fast charger"means an electric vehicle charger that: (1) Utilizes direct current electricity providing at least fifty kilowatts orred ater, (2) Is network-capable; (3) Meets recognized standards and protocols, including but not limited to SAE Combined Charging System, Tesla protocol, and CHAdeMO protocol; (4) Is safety certified by a nationally recognized testing laboratory-, (5) Is designed and installed in compliance with article 625 of the National Electrical Code; and (6) Contains ports to support at least two industry standard charging protocols for more equitable distribution and access to charging. ""Electric vehicle" means: (1) A neighborhood electric vehicle as defined in this section; (2) A vehicle, with four or more wheels, that draws propulsion energy from a battery with at least four kilowatt hours of energy storage capacity that can be recharged from an external source of electricity, or (3) A fuel cell electric vehicle." ""Electric vehicle charging system"means a system that: (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; (2) Meets recognized standards, including standard SAE J1772 of SAE International; and (3) Is designed and installed in compliance with article 625 of the National Electrical Code; provided that the term shall not include facilities or systems for refueling the hydrogen storage tank of a fuel cell electric vehicle." ""Fuel cell electric vehicle"means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion." ""Neighborhood electric vehicle"means a self-propelled electrically powered motor vehicle to which all of the following gppply: (l) The vehicle is emission free; (2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less; (3) The vehicle has four wheels in contact with the ground; (4) The vehicle has a gross vehicle weight rating of less than three thousand pounds; and (5) The vehicle conforms to the minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R. 571.500)." ""Networked charger"refers to electric vehicle charging systems that are able to connect to the internet." ""Place of public accommodation"means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind whose goods, services, facilities, 3 i i i I privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the general public as customers, clients, or visitors. By of example, but not of limitation,place of public accommodation includes facilities of the following_, pes: (1) A facility providing services relating to travel or transportation; (2) An inn, hotel, motel, or other establishment that provides lodging to transientug ests; a (3) A restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises of a retail establishment; (4) A shopping center or any establishment that sells goods or services at retail; (5) An establishment licensed under chapter 281, Hawaii Revised Statutes, doing business under a class 4 5 7 8 9 10 11 or 12 license as defined in section 281-31 Hawaii Revised Statutes,• (6) A motion picture theater, other theater, auditorium, convention center, lecture hall, concert hall, sports arena, stadium, or other place of exhibition or entertainment; (7) A barber shop, beaqty beautyshop, bathhouse, swimmingpool, gymnasium, reducing or massage salon, or other establishment conducted to serve the health, appearance, or physical condition of persons; (8) A park a campsite, or trailer facility, or other recreation facility= (9) A comfort station; or a dispensary, clinic, hospital, convalescent home, or other institution for the infirm-, (10) A professional office of a health care provider, as defined in section 323D-2, Hawaii Revised Statutes or other similar service establishment; (11) A mortuary or undertaking establishment;and (12) An establishment that is physically located within the premises of an establishment otherwise covered by this definition, or within the premises of which is physically located a covered establishment, and which holds itself out as serving patrons of the covered establishment." SECTION 4. Chapter 25, article 4, division 5, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by adding two new sections to read as follows: "Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging systems. (a) All newly constructed places of public accommodation shall have the following electric vehicle chargers, installed in dedicated parking spaces, and maintained in working order at all times, for each increment of fifty parkin stalls: talls: (1) Networked alternating current Level 2 charger(s) with a total of at least two plugs by the end of 2023; (2) Networked alternating current Level 2 charger(s) with a total of at least four plummy the end of 2025, (3) Networked alternating current Level 2 charger(s) with a total of at least six plugs, by the end of 2027• and (4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs, by the end of 2029. 4 3 1 t (b) Existing places of public accommodation that submit for plan review and will have fifty parking spaces or more have an additional two years to comply with subsection (a) and are otherwise subject to the other provisions of this section. (c) Existing places of public accommodation not subject to subsection(b) shall comply section 291-71, Hawaii Revised Statutes and are otherwise subject to the other provisions of this section. (d) All existing electric vehicle chargers must be maintained in good workingorder. rder. (e) A dedicated parking space must be provided for all electric vehicle chargers. Dedicated parking spaces for electric vehicle charging must be clearly marked and include signage that states that parkin is s only for electric vehicles that are activelyging. (f) Parking spaces designated for electric vehicles shall not displace or reduce accessible stalls required by the Americans with Disabilities Act. (g) 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. (h) Site owners are not precluded from charging a reasonable fee for the use of the charging station. Section 25-4-54.2. Alternatives and exemptions; parkine for electric vehicles; electric vehicle charging systems. (a) At the discretion of the director or the director's designee the electric vehicle charging requirements may be met by a fewer number of direct current fast chargers provided that the charging capacity at the place of public accommodation is equal to or greater than the capacity established under the applicable subsection of section 25-4-54.1. (b) Places of public accommodation shall be exempted from the applicable requirements of section 25-4-54.1 if: (1) The location does not have established electrical service or lacks adequate electrical infrastructure to provide sufficient electrical current for electric vehicle charger implementation. (2) The location is identified as being in the highest flood risk zone as established by the Federal Emergency Management Agency's Digital Flood Insurance Rate Map." SECTION 5. New material is underscored. In printing this ordinance, the underscoring need not be included. 5 SECTION 6. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: E COUNCIL MEM ER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 608 6