SB370 SD1

SECTION 1. The legislature finds that the number of electric vehicles in Hawaii is rising, the widespread adoption of electric vehicles will help the State to achieve its decarbonization goals, and the buildout of adequate electric vehicle infrastructure, including publicly accessible charging stations, is critical to these efforts. Additionally, the neighbor islands are particularly lacking in publicly available electric vehicle infrastructure.

The legislature also finds that existing law requires that places of public accommodation with at least one hundred parking spaces must have at least one parking space fitted with an electric vehicle charging system. Additionally, the law also provides owners of multiple parking facilities within the State the option to aggregate the requirement to a single location. For example, an owner of two parking facility locations could opt to install two electric vehicle charging systems at one location and none at a second location to meet the requirement.

The legislature further finds that it is necessary to clarify that the aggregation of electric vehicle charging systems by an owner should remain within the same county to prevent required electric vehicle charging systems from being aggregated from one county to another, ensuring a more equitable adoption of electric vehicle infrastructure for each county.

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;

(2) Provide the counties the clear authority to require electric vehicle charging infrastructure on parking lots with fewer than one hundred stalls;

(3) Require the clean ground transportation working group to develop plans for public electric vehicle charging stations on each neighbor island; and

(4) Require the clean ground transportation working group to create an expedited permitting process for electric vehicle charging stations.

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[,] and clearly marked, and the exclusive designation shall be 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 defined in section 489—2."

SECTION 4. Act 226, Session Laws of Hawaii 2023, is amended by amending section 3 to read as follows:

"SECTION 3. (a) There is established a clean ground transportation working group within the department of transportation for administrative purposes.

(b) The working group shall:

(1) Develop metrics, benchmarks, plans, and recommendations for the State to achieve the goals set forth in sections 225P-5 and [~~225P- (a),~~] 225P-8(a), Hawaii Revised Statutes;

(2) Coordinate with other groups, agencies, and programs within and outside of the State that are working to achieve zero-emissions transportation;

(3) Coordinate with the State and applicable stakeholders to pursue grants and other funding opportunities for the State to achieve the goals set forth in sections 225P-5 and [~~225P- (a),~~] 225P-8(a), Hawaii Revised Statutes;

(4) Consider reducing vehicle miles travelled and demand management; [~~and~~]

(5) Consider equity concerns, including economic and accessibility impacts to low-income communities[.];

(6) Develop plans for electric vehicle charging systems on each neighbor island; and

(7) Develop an expedited permitting process for the installation of electric vehicle chargers and related supporting infrastructure consistent with the goals of this section that includes:

(A) Requirements with which electric vehicle charging stations and related supporting infrastructure shall comply to be eligible for expedited review;

(B) An application that satisfies the information requirements for subparagraph (A); and

(1) The director of transportation, or the director's designee, who shall serve as co-chairperson of the working group;

(2) The chief energy officer of the Hawaii state energy office, or the chief energy officer's designee, who shall serve as co-chairperson of the working group;

(3) The director of the office of planning and sustainable development, or the director's designee;

(4) The co-chairpersons of the commission, or the co-chairpersons' designees;

(5) The chairpersons of the senate and house of representatives standing committees having primary jurisdiction over transportation, or their designees;

(6) The mayor of each county, or their designees, who shall be invited by the working group to participate; and

(7) Other relevant stakeholders as recommended by the working group.

(d) The working group shall:

(1) Submit annual interim reports to the commission of the working group’s activities performed, progress made, and recommendations for the State to achieve the goals set forth in sections 225P-5 and [~~225P- (a),~~] 225P‑8(a), Hawaii Revised Statutes, twenty days prior to the convening of each regular session from 2024 to 2034; [~~and~~]

(2) Submit a final report on the progress made and recommendations for the State to achieve the goals set forth in sections 225P-5 and [~~225P- (a),~~] 225P-8(a), Hawaii Revised Statutes, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2035[.]; and

(3) Publish a plan for an expedited permitting process for the installation of electric vehicle chargers and related supporting infrastructure and submit a report of its findings and recommendations, including any proposed legislation, to the legislature and counties no later than twenty days prior to the convening of the regular session of 2025.

(e) Each state or county entity responsible for the approval of permits for the construction and installation of electric vehicle chargers shall incorporate the working group's recommended plans for an expedited permitting process for the installation of electric vehicle chargers and related supporting infrastructure no later than July 1, 2026.

(f) For the purposes of this section "electric vehicle chargers and related supporting infrastructure" means a level 2 or higher electric vehicle supply equipment station that is designed and built to provide and deliver electricity from a source outside an electric vehicle into a plug-in electric vehicle, mounting or securing infrastructure, and related electrical conduit and capacity.

[~~(e)~~](g) The working group shall cease to exist on January 1, 2035."

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

SECTION 6. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	370
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII