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HomeMy WebLinkAboutBIL 120 Draft 02 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. Section 29173, Hawaiʻi Revised Statutes, 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 chapter 5D of the Hawai‘i 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, 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 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) J1772™ of SAE International and Tesla protocol; and (3) Is designed and installed in compliance with chapter 5D of the Hawai‘i County Code.”