HB1252 HD1

SECTION 1. The legislature finds that climate change caused by carbon emissions from burning fossil fuels poses a serious threat to the economic well-being, public health, natural resources, and environment of Hawaii. The legislature also finds that meeting the State's decarbonization goals and other emissions-reduction commitments necessitates the rapid transition to zero-emission vehicles that utilize local, renewable energy sources.

The legislature further finds that while there is growing adoption of electric vehicles among Hawaii residents, the lack of adequate vehicle charging infrastructure presents a barrier to widespread adoption, particularly for residents who are renters or who live in apartment buildings. This barrier creates an equity issue for low-income families who are unable to access the savings and other benefits associated with electric vehicle ownership because they lack access to charging infrastructure.

The legislature also finds that the cost of constructing parking stalls that will accommodate electric vehicle charging systems up front, also referred to as electric vehicle-ready parking stalls, is approximately one-tenth the cost of retrofitting already-built parking stalls to accommodate electric vehicle charging systems. For market-priced housing, parking stalls are already being constructed to be electric vehicle-ready because of demand and, in some cases, county requirements. However, parking stalls for affordable housing units are not constructed to be electric vehicle-ready because of the added cost and because affordable housing is exempted from electric vehicle-ready county requirements.

The purpose of this Act is to provide incentives for electric vehicle-ready new construction for affordable housing by:

(1) Beginning with calendar year 2024, requiring that electric vehicle-ready parking for new construction be integrated as a criterion in the low-income housing tax credit qualified allocation plan; and

(2) Providing rebates for eligible electric vehicle-ready parking stalls for new construction of affordable housing.

SECTION 2. Section 235-110.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) As modified herein, section 42 (with respect to low-income housing credit) of the Internal Revenue Code shall be operative for the purposes of this chapter as provided in this section. A taxpayer owning a qualified low-income building who has been awarded a subaward under section 1602 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, shall also be eligible for the credit provided in this section.

In developing the qualified allocation plan effective for reservations and awards of the low-income housing tax credit for calendar year 2024 and later, the Hawaii housing finance and development corporation shall include among its criteria to evaluate and allocate tax credits the project's inclusion of electric vehicle-ready parking stalls if the project is for new construction. For purposes of this subsection, "electric vehicle-ready" has the same meaning as in section 269-72."

SECTION 3. Section 269-72, Hawaii Revised Statutes, is amended to read as follows:

"§269-72 Electric vehicle charging [~~system;~~] infrastructure; rebate program. (a) The public utilities commission, in consultation with electric vehicle stakeholders and the Hawaii state energy office, shall administer a rebate program that incentivizes the installation or upgrade of [an] electric vehicle charging [~~system,~~] infrastructure, as provided in this section, and may contract with a third-party administrator pursuant to section 269-73 to operate and manage the rebate program.

(b) An applicant may be eligible for a rebate under the rebate program if the applicant:

(1) Installs a new electric vehicle charging system where none previously existed to either:

(A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or

(B) A direct current fast charging system; [or]

(2) Upgrades an existing electric vehicle charging system to either:

(A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or

(B) A direct current fast charging system[.]; or

(3) Installs an electric vehicle-ready parking stall in new construction of affordable housing.

(1) Each eligible installation of an electric vehicle charging system shall receive:

(A) Up to $2,000 for the installation of an alternating current Level 2 station with one port;

(B) Up to $4,500 for the installation of an alternating current Level 2 station with two or more ports; and

(2) Each eligible upgrade of an electric vehicle charging system shall receive:

(A) Up to $1,300 for the upgrade to an alternating current Level 2 station with one port;

(B) Up to $3,000 for the upgrade to an alternating current Level 2 station with two or more ports; and

(3) Each eligible installation of an electric vehicle-ready parking stall for new construction of affordable housing shall receive up to $1,750 for the installation of an alternating current Level 2 circuit.

(e) This section shall apply to electric vehicle charging systems that are installed or upgraded after December 31, 2019[.], and electric vehicle-ready parking stalls that are installed after July 1, 2023.

(f) Applicants shall submit applications to the public utilities commission within twelve months of the date that the newly installed or upgraded charging system is placed into service or the electric vehicle-ready parking stall is installed to claim a rebate from the [~~electric vehicle charging system~~] rebate program. Failure to apply to the commission within twelve months of the date that the newly installed or upgraded charging system is placed into service or the electric vehicle-ready parking stall is installed shall constitute a waiver of the right to claim the rebate. Rebates shall be subject to available funds, and the program administrator shall not approve additional rebates for the remainder of the fiscal year after program funds have been fully exhausted.

(g) Nothing in this section shall alter taxes due on the original purchase or upgrade price of an electric vehicle charging system or the infrastructure for an electric vehicle-ready parking stall before the application of the rebate. Any rebate received pursuant to the electric vehicle charging [~~system~~] infrastructure rebate program shall not be considered income for the purposes of state or county taxes.

(h) In administering the electric vehicle charging [~~system~~] infrastructure rebate program, the public utilities commission shall give consideration to the following guidelines:

(1) Priority should be given to electric vehicle charging systems that are publicly available; serve multiple tenants, employees, or customers; serve electric vehicle fleets; support the visitor industry in transitioning to clean transportation; or serve low-income, moderate-income, or environmental justice communities; and to electric vehicle-ready parking stalls in new construction of affordable housing units;

(2) Electric vehicle charging [~~system~~] infrastructure rebates should enhance broader public clean energy and grid resiliency goals by supporting deployment of electric vehicle charging systems that can regulate their time of use, be networked and co-optimized with other electric vehicle charging systems, and otherwise provide grid services or other benefits to the utility and electric grid;

(3) Electric vehicle charging systems that serve a single person, such as a reserved parking stall or a single-family residence, shall not be eligible for rebates;

(4) Electric vehicle charging [~~system~~] infrastructure rebates should support accessibility of charging to as many electric vehicle drivers as feasible; and

(5) The program administrator may propose new or modified guidelines to be considered in addition to those specified in this subsection and should have the flexibility to make programmatic adjustments due to market changes, technological advancements, and levels of participation to ensure the prudent use of taxpayer funds and to effectively manage the program budget.

(i) Nothing in this section shall prevent an entity from simultaneously claiming a rebate under the electric vehicle charging infrastructure rebate program for an electric vehicle charging system and an electric vehicle-ready parking stall for new construction of affordable housing.

[~~(i)~~] (j) As used in this section:

"Affordable housing" means housing that is affordable to a household with an income at or below one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development.

"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 three kilowatts 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 article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards.

"Applicant" means an individual; non-profit or for-profit corporation; local, state, or federal government agency; homeowner association; or any other eligible entity as defined under rules adopted for the electric vehicle charging system rebate program.

"Direct current fast charging system", commonly referred to as "DC fast charging system", means an electric vehicle charging system that utilizes direct current electricity providing forty kilowatts or greater and:

(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, Tesla protocol, and CHAdeMO protocol; and

(3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards.

"Electric vehicle charging system" has the same meaning as Electric Vehicle Supply Equipment as defined in article 625.2 of the National Electrical Code, as amended.

"Electric vehicle-ready" means the full-circuit installation includes two hundred eight volt three phase or two hundred forty volt single phase power, forty-ampere panel capacity, raceway, wiring, receptacle, and overprotection devices similar to a dryer circuit."

SECTION 4. Sections 269-33(e) and 269-73, Hawaii Revised Statutes, are amended by substituting the phrase "electric vehicle charging infrastructure", or similar term, wherever the phrase "electric vehicle charging system" appears, as the context requires.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on June 30, 3000; provided that the amendments made to section 235-110.8(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on December 31, 2027, pursuant to section 4 of Act 129, Session Laws of Hawaii 2016, as amended by section 2 of Act 226, Session Laws of Hawaii 2021.

HOUSE OF REPRESENTATIVES	H.B. NO.	1252
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII