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HAWAIICOUNTY OF `' _• STATE OF HAWAII
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ILL NO® 120
DRAFT )
ORDINANCE N .
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. 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. Parkins 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 chapter 5D 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."
""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 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 be guilty 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."
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""Direct current fast charger"means an electric vehicle charger that:
(1) Utilizes direct current electricity providing at least fifty kilowatts orrg eater;
(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"
""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 chapter 5D of the Hawaii County
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 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 safetyquipment 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."
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"`•Place of public accommodation"means a business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind whose goods, services, facilities,
privileges, advantafzes, or accommodations are extended, offered, sold, or otherwise made
available to thee�al public as customers, clients, or visitors. By way of example, but not of
limitation,place of public accommodation includes facilities of the following types;
(1) A facility providing services relating to travel or transportation;
(2) An inn, hotel, motel, or other establishment that provides lodging to transient _uests;
(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, 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 phshy
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 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, 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) 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 wi
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 each electric vehicle 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.
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 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 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 byqualified 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 gement Agency's Digital Flood Insurance Rate Map
(c) Owner(s) of multiple parking facilities within the State ofHawai`i 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
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:
1'
CO CIL MEMBE , COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 60$.49
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