HomeMy WebLinkAboutProposed Amendments to Bill No. 120 by Council Member Heather Kimball (PL-CCI-2022-000001) V Or
HEATHER L. KIMBALL r' Contact Information
Council Member (808)961-8828
Cham Committee on Governmental Operations (808) 961-8018 (staff)
Relations and Economic Development oF' r heather.kimball@hawaiicounty.gov
Council District 1
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 A upuni Street, Suite 1402
Hilo, Hawai`i 96720
MEMORANDUM
Date: April 29, 2022
TO: Zendo Kern, Planning Director
Members of the Windward and Leeward Planning Commissions
FROM: Heather Kimball, Council Member
SUBJECT: Suggested Amendments and discussion points for the planning commissions
regarding Bill 120-22.
Aloha Director Kern and Members of the Planning Commissions,
Thank you in advance for your time and consideration with respect to Bill 120-22. After
reviewing some of the commentary by the departments prior to your hearing of these bills, I have
compiled some recommended amendments and discussion points to provide greater clarity to the
bill's intentions and to address some of the department level concerns.
The first section covers changes that are substantive in nature and may affect the
interpretation of some parts of the bill. The second section includes amendments that are just
editorial and do not significantly alter the intent or purpose of the bill. Finally, the third section
includes discussion points that remain unresolved. These areas of the bill were left vague with
the intent that the commissions could provide guidance as to how they should best be worded. I
request that when you consider the bill language you also consider these proposed amendments
as part of your recommendation.
Thank you again for your time and I look forward to your recommendations,
Heather Kimball
CC: Christian Kay, Hawai'i County Planner
Jon Henricks, Hawaii County Clerk
Suggested amendments and discussion points for Bill 120-22
L SUGGESTED AMENDMENTS FOR SUBSTANATIVE CHANGES AND
CLARITY
A. Amend Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging
systems (a)to read as follows:
(a) All applications for plan review for new places of public accommodation shall be
subject 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 a plications received before the end of 2023;
(2) Networked alternating current Level 2 charger(s) with a total of at least four plugs
and four dedicated parking stalls for applications received before by the end of 2025;
(3) Networked alternating current Level 2 charger(s) with a total of at least six plugs,
and six dedicated parking stalls for aplications received before by the end of 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 before by the end of
2029.
B. Amend Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging
systems (b)to read as follows:
(b) All applications for plan review for existing places of public accommodation shall
be subject the following electric vehicle charger installation and dedicated 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 before the end of 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 before by the end of 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 before by the end of 2029;
and
(4) Networked alternating current Level 2 charger(s)with a total of at least eight
plugs and eight dedicated parking stalls for aplications received before by the end of
2031.
C. Amend Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging
systems (f)to read as follows:
2
(f) At least one of the parking spaces designated for electric vehicles shall be an
accessible stall as defined by the Americans with Disabilities Act(ADA). This space
shall not displace or reduce other accessible stalls required by the ADA.
D. Delete Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging
systems (g) as this contradicts the aggregation privilege provided in the HRS.
E. Under Section 25-4-54.1. Parking for electric vehicles; electric vehicle charging
systems, add with the appropriate item lettering:
(x) 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.
F. Amend Section 25-4-54.2. Alternatives and exemptions; parking for electric
vehicles; electric vehicle charging systems (b)(1) to read as follows:
(1) The location does not have established electrical service or lacks adequate
electrical infrastructure to provide 240 Volt electrical service for electric vehicle
charger implementation.
IL EDITORIAL AMENDMENTS
A. In the definitions for electric vehicle charging system, alternating current Level 2
charging station and direct current fast charger delete references to installation
compliance with article 625 of the National Electrical Code as it is already covered by
Chapter 5D of the Hawaii County Code.
B. In Section 24-245.6. Penalties. Amend reference to section 291- 71 to instead
reference section 291- 72 and remove close quotes at the end of the sentence.
C. In Chapter 25 definitions, amend Networked charger to just Networked as only
Networked is used in the body of the code.
D. In Section 25-4-54.1. Parking for electric vehicles; electric vehicle char2in2
systems (h)remove the word reasonable as this is undefined and subjective.
III. ADDITIONAL RECOMMENDED DISCUSSION POINTS
A. For existing places of public accommodation that come in for plan review and would
be subject to Section 25-4-54.1 (b) what other criteria should exist for the EV charger
requirement to be triggered? Some plan reviews may not have anything to do with
parking. Should they have this requirement?
B. For existing lots, if the EV charging parking stall requirements put them in violation
of any other parking stall requirements due to needing an ADA accessible stall and
perhaps converting stalls from compact to standard size, what should happen? Can
3
the director approve a variance? Should they be exempted from putting them in or
allowed to modify the requirements?
C. Section 25- 4- 54.2 (a) allows the director to modify the number of required DC fast
chargers that would be installed in place of the level two chargers as long as the same
capacity was met. One of the P and R comments was that it would be good to have a
ratio here. A 50kW DC fast charger basically runs 7 times faster than a level 2
charger. So, the basic formula would be that every DC charger could replace 7 Level
2 plugs (1 DC =7 Level 2 plugs). However, it is important to remember that not
every car can plug in to a DC Fast charger. The formula could be better addressed by
allowing one DC charger to replace 6 Level 2 plugs, with a companion requirement to
have at least one Level 2 plug alongside the DC fast charger or a Level 2 plug
included on the DC fast charger which is how many are designed.
4