HB2216

SECTION 1. The legislature finds that climate change caused by greenhouse gas emissions from the burning of fossil fuels poses a serious threat to the economic well-being, public health, natural resources, and environment of Hawaii. The State of Hawaii has committed to eliminating fossil fuels from both the electricity and ground transportation sectors and has also committed to abiding by the Paris Climate Accord's goal to limit the amount of global warming to less than 1.5 degrees Celsius.

The legislature further finds that electric vehicles can be powered by electricity generated from local, renewable energy resources, offer lower fuel and operating costs, and therefore, must play an important role in helping the State achieve its clean energy goals and commitments.

The legislature further finds that it is necessary for the State to implement policies which help to catalyze the development of charging facilities necessary to support large-scale adoption of electric vehicles.

The legislature further finds that the current requirements for designating parking spaces and providing charging facilities for electric vehicles as outlined in section 291-71, Hawaii Revised Statutes, are not adequate to meet the charging needs of the State's population.

The purpose of this Act is to support greater use of electric vehicles by amending parking space and charging station requirements for electric vehicles.

SECTION 2. Section 291-71, Hawaii Revised Statutes, is amended to read as follows:

"§291-71 Designation of parking spaces for electric vehicles; [~~charging system.~~] provision of electric vehicle supply equipment. (a) [~~Places of public accommodation~~] Beginning on July 1, 2018, and subject to subsection (b) through (d), parking facilities with at least one hundred parking spaces available for use by the general public shall [~~have~~] provide electric vehicle supply equipment for at least one parking space designated exclusively for electric vehicles [~~and equipped with an electric vehicle charging system located anywhere in the parking structure or lot by July 1, 2012; provided that no parking space~~]. Parking spaces designated for electric vehicles may be located anywhere within the parking facility; provided that they shall not displace or reduce accessible stalls required by the Americans with Disabilities Act Accessibility Guidelines. 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.]

(b) Beginning on July 1, 2021, parking facilities with more than two hundred total parking spaces shall be required to obtain a requisite number of electric vehicle supply equipment points based on the number and type of parking spaces in each respective facility. The requisite number of electric vehicle supply equipment points for a parking facility shall be calculated as follows:

(1) Beginning on July 1, 2021:

(A) One point for every ten public parking spaces;

(B) One point for every ten employee parking spaces; and

(2) Beginning on July 1, 2024:

(A) One point for every ten public parking spaces;

(B) One point for every five employee parking spaces; and

(c) Parking facilities shall be awarded electric vehicle supply equipment points to meet the requisite number pursuant to subsection (b) as follows:

(1) For each designated electric vehicle employee or residential parking space with level 1 charging equipment, two points;

(2) For each designated electric vehicle parking space with level 2 charging equipment, ten points; and

(3) For each designated electric vehicle parking space with DC fast charging equipment, fifty points.

(d) Parking facilities may be exempted from the requirements of this section if the parking facility provides documented cost estimates from a Hawaii-licensed electrician that meeting the requirements of this section with any combination of electric vehicle supply equipment would result in construction, equipment, and installation costs that exceed $100,000 or $200 multiplied by the total number of parking spaces within the parking facility, whichever is greater.

(e) In cases where a single parking facility is owned or managed by multiple entities, the owners or managers of the parking facility shall jointly be responsible for complying with the requirements of this section.

(f) The director of transportation may investigate and issue warnings to any parking facilities found to be in violation of any requirement of this section. A parking facility that receives a warning shall be given ninety days to correct the violation. If, after ninety days from the date of issuance of a warning, a parking facility continues to be in violation of any requirement of this section, the director of transportation may issue a fine. For violations of subsection (b) or (c), the amount of the fine shall be $1,000 times the number of points by which the facility falls short of the requisite number of electric vehicle supply equipment points for that facility per calendar month or any portion thereof during which the violation continues.

[~~(b)~~] (g) For the purposes of this section:

"DC fast charging equipment" means an electric vehicle supply equipment system that:

(1) Utilizes direct current electricity rated at 440 volts or greater; and

(2) Is designed and installed in compliance with article 625 of the National Electrical Code.

"Electric vehicle" means:

(1) A neighborhood electric vehicle as defined in section 286-2; or

(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.

[~~"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 National Electrical Code.~~]

"Electric vehicle supply equipment" means a system that is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles.

"Level 1 charging equipment" means an electric vehicle supply equipment system that discharges 110 to 120-volt alternating current electricity.

"Level 2 charging equipment" means an electric vehicle supply equipment system that:

(1) Discharges 220-240 volt alternating current electricity;

(2) Meets recognized standards, including standard SAE J1772 of SAE International; and

(3) Is designed and installed in compliance with article 625 of the National Electrical Code.

"Parking facility" means all parking spaces within a single parking garage or contiguous parking lot. Shared parking lots that serve multiple businesses or uses, span multiple tax identification number parcels, or have multiple owners or lessees and that are not separated by public roadways shall be defined as a single parking facility.

["~~Place of~~ ~~public accommodation" has the same meaning as that provided in section~~ ~~489-2~~.]"

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2020.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2216
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII