HB706

SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291- Designation of parking spaces for electric vehicles; spaces available to general public. Each parking space, in places of public accommodation available for use by the general public, that is designated exclusively for electric vehicles and equipped with an electric vehicle charging system shall be counted as four parking spaces toward the total number of parking spaces available for use by the general public as required by applicable city and county regulations."

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. (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 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 designated for electric vehicles shall 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) The department of transportation shall provide written notification of noncompliance to an owner of a place of public accommodation if the department believes that the place of public accommodation is not compliant with this section, pursuant to the following procedures:

(1) Within three hundred sixty-five days after the owner's receipt of a notification of noncompliance, the department of transportation shall provide the owner of the place of public accommodation with a first warning of noncompliance with this section;

(2) Within one hundred eighty days after provision of a first warning of noncompliance, the department of transportation shall provide the owner of the place of public accommodation with a formal notice of violation of this section; and

(3) Within ninety days after provision of a formal notice of violation of this section, if the violation persists, the department of transportation shall fine the owner of the place of public accommodation as provided in subsection (c).

(c) The department of transportation shall fine an owner of a place of public accommodation that is in violation of this section $ for every day that the place of accommodation remains in violation after receipt of the formal notice of violation. If a fine against a place of public accommodation accrues to more than $ , then the department of transportation shall place a lien against the real property of the place of public accommodation.

(d) The department of transportation may exempt a place of public accommodation from compliance with this section in cases of financial or engineering hardship; provided that a financial hardship exemption shall not be granted for a place of public accommodation if electrical charging stations can be installed at no cost.

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

"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.

"Place of public accommodation" has the same meaning as [~~that provided~~] in section 489-2[.]; provided that the term shall not include parks, campsites, trailer facilities, or other recreational facilities."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	706
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII