HomeMy WebLinkAboutBIL 120 Draft 01 2020-2022
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, AND CHAPTER 25, ARTICLE 1 AND ARTICLE 4, DIVISION 5, OF THE HAWAI‘I 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 HAWAI‘I:
SECTION 1. Purpose. Section 291-71, Hawaiʻi 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, Hawaiʻi 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, Hawaiʻi Revised Statutes.
SECTION 2. Chapter 24, article 8, of the Hawai‘i 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 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 apply:
(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 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).”
Section 24-245.5. Parking 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 may be 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 according to chapter 291D and section 291-71, Hawaiʻi Revised
Statutes.”
SECTION 3. Chapter 25, article 1, section 25-1-5 of the Hawai‘i 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, Society of Automotive Engineers (SAE) J1772™ 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.”
““Direct current fast charger” means an electric vehicle charger that:
(1) Utilizes direct current electricity providing at least fifty kilowatts or greater;
(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 apply:
(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 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,