HomeMy WebLinkAboutCOM 0608.048 2020-2022 1
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HEATHERL. KIMBALL t Contact Information
Council Member (808)961-8828
Chair, Committee on Governmental Operations, +f.;e o;:��. (808)961-8018(staff)
Relations and Economic Development ''E OF'N�f heather.kimball@hawaiicounty.gov
Council District I
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AWAI`I COUNTY COUNCIL 1
i
rt.
County of Hawai`i `
Hawai`i County Building
25 Aupuni Street, Suite 1402 ,
Hilo, Hawai`i 96720 _
DATE: July 25, 2022
TO: Maile Medeiros David, Council Chair
and Members of the Hawaii County Council
FROM: Heather Kimball, Council MemberL=;
Council District 1
SUBJECT: Proposed amendment to Bill No. 120; 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.
Please see below proposed amendments to Bill No. 120. These proposed amendments are illustrated
below in Ramseyer format with respect to the contents of Bill No. 120; material to be deleted is
bracketed and stricken, and material to be added is underscored.
1. SECTION 1 of Bill 120 is amended to read as follows:
"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 seefien]
Section 291-73 Hawaii Revised Statutes 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."
Comm. No
Ref. To:
Rif. Date AUG
Hawai`i County is an Equal Opportunity Provider and Employer
2. SECTION 2 of Bill 120 is amended by amending the definition of"Electric vehicle charging
system"contained in section 24-245.4 to read as follows:
""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 Nationa Hleet.iea G do.]
chapter 5D of the Hawaii Coun . Code,
provided that the term shall not include facilities or systems for refueling the hydrogen storage
tank of a fuel cell electric vehicle."
3. SECTION 2 of Bill 120 is amended by amending subsection(b) of section 24-245.5 to read as
follows:
"(b) Only electric vehicles that are [aefively e ,n;,n] plugged in with the intent to charge may be
parked in a parking space equipped with an electric vehicle charging system that is
designated and marked as reserved for this purpose."
4. SECTION 2 of Bill 120 is amended by amending section 24-245.6 to read as follows:
"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 [seefieii 291 ",]section 291-72, Hawaii
Devised Statutes."
5. SECTION 3 of Bill 120 is amended by amending the following definitions, that are contained in
section 25-1-5: "Alternating current Level 2 charging station"; "Direct current fast charger";
"Electric vehicle charging system"; and "Networked charger", and by adding a new definition
("Plug")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] six kilowatts per plums 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)J1772TM of SAE International and Tesla protocol; and
(3) Is designed and installed in compliance with [affie e 625 of the Nat.ona Eleet iea Code to
appfepfiate Nationally Reeegftized Testing Laboratories' .] chapter 5D of the
Hawaii County Code."
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"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 [a bele 625 of the National Electrical Code ]
chanter 51) of the Hawaii Coqniy Code; and
(6) Contains ports to support at least two industry standard charging protocols for more
equitable distribution and access to charging."
""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 [a4in'e 625 of the Eleet.iea Code--,]
chapter 51) of the Hawaii County Code;
provided that the term shall not include facilities or systems for refueling the hydrogen storage
tank of a fuel cell electric vehicle."
""Networked[eharger]"refers to electric vehicle charging systems that are able to connect to
the internet."
""Plug"means an accessory to an electric vehicle charging system capable of charging;a single
electric vehicle and compatible with alternating current Level 2 charging stations or direct current
fast charger protocols."
6. SECTION 4 of Bill 120 is amended by amending section 25-4-54.1 to read as follows:
"Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging systems.
(a) [All newly eenstfueted plaees of publie aeeemmodation shall ha-,�e the following eleetfie
vehiele ehafger-s, installed in dedieated pafking spaees, and maintained in war-king order at all
(1) Netwofked alternating euffefA Level 2 ehafgef(s) with a total of at least two plugs, by the
end of 2023;
(2) N tkv.A.Akedl aalftefaaling euffent Level 2 ehafgef(s) with a total of at least f6iif pittgs, by the
en.a of 20250,
(3) N t1AXAV-1-Pd AR fnatifig etiffent Level 2 ehafgef(s) with a total of e�t least six plugs,by the
end of 2027-,--and
(4) Netwofked altematiRg eufr-efA Level 2 ehafgef(s) with a total of at least eight plugs, by the
ori,a�]
All applications for plan approval for new places of public accommodation shall be subject
to the following electric vehicle charger installation and dedicated standard size parking space
requirements, for each increment of fifty parkin stalls:
talls:
(1) Networked alternating-current Level 2 charger(s) with a total of at least two plugs and
two dedicated parking stalls for applications received by December 31, 2023;
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(2) Networked alternating current Level 2 charger(s) with a total of at least four plugs and
four dedicated parking stalls for applications received by December 31, 2025;
(3) Networked alternating current Level 2 charger(s) with a total of at least six plugs, and
six dedicated parking stalls for applications received by December 31, 2027, and
(4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs and
eight dedicated parking stalls for applications received by December 31, 2029.
(b) [Exisfing plaees of publie aeeammodation that submit faf plan review and- A411 ha-,,,e fifty
All applications for plan approval for existing places of public accommodation shall be
subject to the following electric vehicle charger installation and dedicated, standard size,
parking space requirements, for each increment of fifty parking stalls:
(1) Networked alternating current Level 2 charger(s) with a total of at least two plugs and
two dedicated parking stalls for applications received by December 31, 2025;
(2) Networked alternating current Level 2 charger(s) with a total of at least four plugs and
four dedicated parking stalls for applications received by December 31, 2027;
(3) Networked alternating current Level 2 charger(s) with a total of at least six plugs and
six dedicated parking stalls for applications received by December 31, 2029; and
(4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs and
eight dedicated parking stalls for applications received by December 31,2031.
(c) Existing places of public accommodation not subject to subsection(b) shall comply with
section 291-71, Hawaii Revised Statutes, by December 31, 2025 and are otherwise subject to
the other provisions of this section.
(d) All existing electric vehicle chargers must be actively maintained in good working order.
(e) A dedicated parking space must be provided for [all] each electric vehicle [ehar-gers] plug•
Dedicated parking spaces for electric vehicle charging must be clearly marked and include
signage that states that parking is only for electric vehicles that are actively charging.
(f) [Parking
.-,,-..ed by the AmefieansMth r,isabilitien n +] At least one of the parking spaces designated
for electric vehicles shall be an accessible stall as defined by the Americans with Disabilities
Act. This space shall not displace or reduce other accessible stalls required by the Americans
with Disabilities Act.
(g) [Every
.] 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.
(h) Site owners are not precluded from charging a [_easettab le]fee for the use of the charging
station[...] or additional fees should a vehicle remain in the space after charging has been
completed."
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7. SECTION 4 of Bill 120 is amended by amending section 25-4-54.2 to read as follows:
"Section 25-4-54.2. Alternatives and exemptions; parking for electric vehicles; electric vehicle
charging systems.
(a) [At the disefetion,of the difeetof of the difeetef's designee, the eleetfievehiele ehar-ging
. . :emeiits may be met by a fewef iiiiffibef of difeet ettfr-ent fast chargers provided that the
established tffidef the applieable subsection of section 25 4 5
For each set of eight plugs required under the applicable subsection of section 25-4-54.1, the
requirements may alternatively be met by one direct current fast charger,provided that there is
at least one Level 2 compatible plug for each requirement of eightugs.
(b) Places of public accommodation shall be exempted from the applicable requirements of section
25-4-54.1 if:
(1) [The location does net have established eleetfieal sefviee of laeks adequate eleetfieal
.,.,p7o,,.,enta ] Documentation is provided by a qualified professional or the public
electric utility verifying the lack of established electrical service or adequate electrical
infrastructure to provide electrical service capable of supporting alternating current Level 2
charging; stations.
(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.
(c) Owner(s) of multiple parking facilities within the State of Hawaii who intend to use the
aggregation allowance in section 291-71, Hawaii 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 approval."
A draft copy of Bill 120 is attached with these proposed amendments incorporated therein.
Mahalo.
HK;jlk
Att.
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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.
E 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. Section
291-73, Hawaii Revised Statutes, 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 capacity that can be recharged from
an external source of electrics . ; 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 chapter 5D of the Hawaii Coun1y Code;
provided that the term shall not include facilities or systems for refueling the hydroen
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."
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""Neighborhood electric vehicle"means a self-propelled electrically powered motor
vehicle to which all of the followingapply:
(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. 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 plugged in with the intent to charge 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 beuilt�of a
traffic infraction and fined according to chapter 291D and section 291-72, 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 six kilowatts per plug;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) J1772TM of SAE International and Tesla protocol; and
(3) Is designed and installed in compliance with chapter 5D of the Hawaii County
Code."
""Direct current fast charger"means an electric vehicle charger that:
(1) Utilizes direct current electricily providing at least fifty kilowatts orgreater;
(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 chapter 5D of the Hawaii County Code;
and
(6) Contains ports to support at least two industry standard charging protocols for more
equitable distribution and access to charging.
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"`.Electric vehicle" means:
CtL 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 chapter 5D of the Hawaii Coup . Code;
provided that the term shall not include facilities or systems for refuelingthe he 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 safety equipment requirements as adopted in
the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R.
571.500)."
""Networked"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,
privileges, advantages, or accommodations are extended, offered, sold, or otherwise made
available to the general public as customers, clients, or visitors. By way of example, but not of
limitation, place of public accommodation includes facilities of the followingjtypes:
(1) A facility providing- services relating to travel or transportation;
(2) An inn, hotel, motel, or other establishment that provides lodging to transientue sts;
(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;
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(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, beauty shop, bathhouse, swimming pool, 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."
""Plug"means an accessory to an electric vehicle charging system capable of charging a
single electric vehicle and compatible with alternating current Level 2 charging stations or direct
current fast charger protocols."
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 applications for plan approval for new places of public accommodation shall be subject
to the following electric vehicle charger installation and dedicated, standard size,parking
space requirements, for each increment of fifty parkin stalls:
talls:
(1) Networked alternating; current Level 2 charger(s) with a total of at least two plugs and
two dedicated parking stalls for applications received by December 31, 2023;
(2) Networked alternating current Level 2 char eerr(s) with a total of at least four plugs
and four dedicated parking; stalls for applications received by December 31, 2025;
(3) Networked alternating current Level 2 charger(s) with a total of at least six plugs, and
six dedicated parking stalls for applications received by December 31, 2027; and
(4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs
and eight dedicated parking stalls for applications received by December 31, 2029.
(b) All applications for plan approval for existing places of public accommodation shall be
subject to the following electric vehicle charger installation and dedicated, standard size,
parking space requirements, for each increment of fifty parking stalls:
(1) Networked alternating;current Level 2 charger(s) with a total of at least two plugs and
two dedicated parking stalls for applications received by December 31, 2025,
(2) Networked alternating current Level 2 char e�r(s) with a total of at least four plugs
and four dedicated parking stalls for applications received by December 31, 2027;
(3) Networked alternating current Level 2 charger(s) with a total of at least six plugs, and
six dedicated parking stalls for applications received by December 31, 2029; and
(4) Networked alternating current Level 2 charger(s) with a total of at least eight plugs
and eight dedicated parking stalls for applications received by December 31, 2031.
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(c) Existing places of public accommodation not subject to subsection (b) shall comply with
section 291-71, Hawaii Revised Statutes, by December 31, 2025 and are otherwise subject 3
to the other provisions of this section.
(d) All existing electric vehicle chargers must be actively maintained in good workingorder.
rder.
(e) A dedicated parking space must be provided for each electric vehicle plug. 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_
(fl At least one of the parking spaces designated for electric vehicles shall be an accessible
stall as defined by the Americans with Disabilities Act. This space shall not displace or
reduce other accessible stalls required by the Americans with Disabilities Act.
(g) Electric vehicle charging stations shall onlybe required to be available for use by the
public during such times as the place of public accommodation is also open for public use.
(h) Site owners are not precluded from charging a fee for the use of the charging station or
additional fees should a vehicle remain in the space after charging has been completed.
Section 25-4-54.2. Alternatives and exemptions; parking for electric vehicles; electric
vehicle charging systems.
(a) For each set of eight plugs required under the applicable subsection of section 25-4-54.1
the requirements may alternatively be met by one direct current fast charger, provided that
there is at least one Level 2 compatible plug for each requirement of eight plugs.
(b) Places of public accommodation shall be exempted from the applicable requirements of
section 25-4-54.1 if:
(1) Documentation is provided by qualified professional or the public electric utility
verifying the lack of established electrical service or adequate electrical infrastructure
to provide electrical service capable of supporting alternating current Level 2
charging stations.
(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.
(c) Owner(s) of multiple parking facilities within the State of Hawaii who intend to use the
aggregation allowance in section 291-71, Hawaii 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 approval."
SECTION 5. New material is underscored. In printing this ordinance, the underscoring
need not be included.
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
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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.
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