| 47 | | - | SECTION 1. The legislature finds that the increased adoption of electric vehicles in Hawaii plays a key role in the State's goal to achieve one hundred per cent renewable energy by 2045. According to the National Oceanic and Atmospheric Administration, 2023 was the warmest year on record and will result in dire consequences across the globe. In 2022, the legislature passed Act 238, Session Laws of Hawaii 2022, as a broad decarbonization measure to reinforce and expand Hawaii's leadership in climate mitigation action and alert its communities of the need to adapt to the current climate crisis. The legislature further finds that the 2023 decarbonization report by the Hawaii state energy office emphasized that reducing ground transportation emissions depends heavily on electrification and that a widespread and reliable network of charging infrastructure is crucial in encouraging the adoption of electric vehicles. The legislature also finds that every county in the State has committed to one hundred per cent clean transportation by 2045. This commitment will require land use and infrastructure that reduce automobile dependency and the rapid transition to electric vehicles. To support this transition, electric vehicles must have adequate charging infrastructure. The legislature additionally finds that Act 75, Session Laws of Hawaii 2021, was passed with the intent of expediting the rollout of electric vehicle charging infrastructure by providing the counties with the power to enforce charging and maintenance requirements under section 291-71, Hawaii Revised Statutes. However, section 291-71, Hawaii Revised Statutes, allows owners of multiple properties within the State to provide electric vehicle charging infrastructure on fewer spaces than required in an individual parking lot if they have fulfilled the requirement in aggregate by providing more than the required number of charging stations in a different parking lot. This loophole makes county enforcement of section 291-71, Hawaii Revised Statutes, impossible, as county officials do not have the capacity to determine whether a property owner is in compliance with the law due to the possibility that electric vehicle chargers can be installed in a different county. Furthermore, existing law is unclear on whether the counties have the authority to require electric vehicle charging infrastructure on lots of under one hundred stalls. Therefore, the purpose of this Act is to: (1) Remove the loophole that allows property owners to electrify fewer spaces than required if they fulfil the requirement in aggregate across different parking lots; and (2) Provide the counties the clear authority to require electric vehicle charging infrastructure on parking lots with fewer than one hundred stalls. SECTION 2. Section 291-71, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Places of public accommodation with at least one hundred parking spaces available for use by the general public shall have at least one parking space equipped with an electric vehicle charging system located anywhere in the parking structure or lot; provided that no parking space designated for electric vehicles shall displace or reduce accessible stalls required by the Americans with Disabilities Act Accessibility Guidelines; provided further that no vehicle shall be permitted to park in a parking space equipped with an electric vehicle charging system while not actively charging. Spaces shall be designated, clearly marked, and the exclusive designation enforced. [Owners of multiple parking facilities within the State may designate and electrify fewer parking spaces than required in one or more of their owned properties; provided that the scheduled requirement is met for the total number of aggregate spaces on all of their owned properties.] Nothing in this section shall prohibit the owners of parking structures or lots from charging a fee for the use of an electric vehicle charging system." SECTION 3. Section 291-73, Hawaii Revised Statutes, is amended to read as follows: "[[]§291-73[]] Ordinances to enforce authorized. Each county may adopt ordinances to [enforce]: (1) Enforce the requirements of section 291-71, including the establishment of penalties for failure to comply with the requirements of that section or maintain electric vehicle charging systems in working order[.]; and (2) Regulate electric vehicle charging systems, including maintenance requirements, for places of public accommodation with fewer than one hundred parking spaces available for use by the general public. As used in this section, "places of public accommodation" has the same meaning as in section 489-2." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that the increased adoption of electric vehicles in Hawaii plays a key role in the State's goal to achieve one hundred per cent renewable energy by 2045. According to the National Oceanic and Atmospheric Administration, 2023 was the warmest year on record and will result in dire consequences across the globe. In 2022, the legislature passed Act 238, Session Laws of Hawaii 2022, as a broad decarbonization measure to reinforce and expand Hawaii's leadership in climate mitigation action and alert its communities of the need to adapt to the current climate crisis. The legislature further finds that the 2023 decarbonization report by the Hawaii state energy office emphasized that reducing ground transportation emissions depends heavily on electrification and that a widespread and reliable network of charging infrastructure is crucial in encouraging the adoption of electric vehicles. The legislature also finds that every county in the State has committed to one hundred per cent clean transportation by 2045. This commitment will require land use and infrastructure that reduce automobile dependency and the rapid transition to electric vehicles. To support this transition, electric vehicles must have adequate charging infrastructure. The legislature additionally finds that Act 75, Session Laws of Hawaii 2021, was passed with the intent of expediting the rollout of electric vehicle charging infrastructure by providing the counties with the power to enforce charging and maintenance requirements under section 291-71, Hawaii Revised Statutes. However, section 291-71, Hawaii Revised Statutes, allows owners of multiple properties within the State to provide electric vehicle charging infrastructure on fewer spaces than required in an individual parking lot if they have fulfilled the requirement in aggregate by providing more than the required number of charging stations in a different parking lot. This loophole makes county enforcement of section 291-71, Hawaii Revised Statutes, impossible, as county officials do not have the capacity to determine whether a property owner is in compliance with the law due to the possibility that electric vehicle chargers can be installed in a different county. Furthermore, existing law is unclear on whether the counties have the authority to require electric vehicle charging infrastructure on lots of under one hundred stalls. Therefore, the purpose of this Act is to: (1) Remove the loophole that allows property owners to electrify fewer spaces than required if they fulfil the requirement in aggregate across different parking lots; and (2) Provide the counties the clear authority to require electric vehicle charging infrastructure on parking lots with fewer than one hundred stalls. SECTION 2. Section 291-71, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Places of public accommodation with at least one hundred parking spaces available for use by the general public shall have at least one parking space equipped with an electric vehicle charging system located anywhere in the parking structure or lot; provided that no parking space designated for electric vehicles shall displace or reduce accessible stalls required by the Americans with Disabilities Act Accessibility Guidelines; provided further that no vehicle shall be permitted to park in a parking space equipped with an electric vehicle charging system while not actively charging. Spaces shall be designated, clearly marked, and the exclusive designation enforced. [Owners of multiple parking facilities within the State may designate and electrify fewer parking spaces than required in one or more of their owned properties; provided that the scheduled requirement is met for the total number of aggregate spaces on all of their owned properties.] Nothing in this section shall prohibit the owners of parking structures or lots from charging a fee for the use of an electric vehicle charging system." SECTION 3. Section 291-73, Hawaii Revised Statutes, is amended to read as follows: "[[]§291-73[]] Ordinances to enforce authorized. Each county may adopt ordinances to enforce the requirements of section 291-71, including the establishment of penalties for failure to comply with the requirements of that section or maintain electric vehicle charging systems in working order[.] and ordinances to regulate electric vehicle charging systems, including maintenance requirements, for places of public accommodation with fewer than one hundred parking spaces available for use by the general public. As used in this section, "places of public accommodation" has the same meaning as in section 489-2." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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