Bill Text: HI HB803 | 2021 | Regular Session | Amended
Bill Title: Relating To Electric Vehicles.
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Engrossed - Dead) 2021-03-25 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB803 Detail]
Download: Hawaii-2021-HB803-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
803 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO ELECTRIC VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by amending the title of part IV to read as follows:
"[[]PART
IV. [MISCELLANEOUS]] PARKING FOR ELECTRIC VEHICLES"
SECTION
2. Chapter 291, Hawaii Revised Statutes,
is amended by adding a new section to part IV to be appropriately designated
and to read as follows:
"§291- 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 its requirements or make reasonable
efforts to maintain electric vehicle charging stations in working order."
SECTION
3. 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:
(1) [at] At least [one] five
parking [space] spaces per one hundred stalls exclusively for
electric vehicles and equipped with an electric vehicle charging system located
anywhere in the parking structure or lot by [July 1, 2012;] January
1, 2025; and
(2) At least ten parking spaces per one hundred
stalls exclusively for electric vehicles and equipped with an electric vehicle
charging system located anywhere in the parking structure or lot by January 1,
2030;
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. Nothing in this section shall prohibit the
owners of parking structures or lots from charging a reasonable fee to
consumers for use of the electric vehicle charging system.
(b) Effective January 1, 2022, each new electric
vehicle charging system installed or placed in service pursuant to this section
shall be at least a Level 2 charging station that is network capable.
(c) Reasonable efforts shall be made to maintain
electric vehicle charging systems in working order.
(e) Any owner of a parking structure who is unable
to meet the requirements of this section may petition the county for a one-time
extension of up to one year from the date that compliance is required; provided
that any extension granted under this section is at the sole discretion of the county
and shall only be granted upon a demonstration of need by the owner.
[(b) For the purposes of] (f) As used in this section:
"Electric
vehicle" means:
(1) A neighborhood electric vehicle as defined in
section 286-2;
(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; or
(3) A fuel cell electric vehicle.
"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;
provided that the term shall not
include facilities or systems for refueling the hydrogen storage tank of a fuel
cell electric vehicle.
"Fuel
cell electric vehicle" means a zero-emission electric vehicle that uses a
fuel cell to convert hydrogen gas and oxygen into electricity that is used in a
vehicle powertrain for propulsion.
"Level
2 charging station" shall have the same meaning as "alternating current
Level 2 charging station" in section 269‑72.
"Place
of public accommodation" has the same meaning as that provided in section
489-2."
SECTION
4. Section 291-72, Hawaii Revised
Statutes, is amended to read as follows:
"§291-72 Parking spaces reserved for electric
vehicles; penalties. (a) Beginning January 1, 2013, any person who
parks a non-electric vehicle in a space designated and marked as reserved for
electric vehicles shall receive a warning.
(b) Beginning July 1, 2013, any person who parks
a non-electric vehicle in a space designated and marked as reserved for
electric vehicles shall be guilty of a traffic infraction under chapter 291D
and shall be fined not less than $50 nor more than $100, and shall pay any
costs incurred by the court related to assessing the fine.
(c) Any citation issued under this section may be
mailed to the violator pursuant to section 291C-165(b).
(d) Notwithstanding any law to the contrary, and
in addition to any other authority provided by law that is not inconsistent
with this section:
(1) A law enforcement officer may access the property of a private entity to enforce the provisions of this part; and
(2) A commissioned volunteer enforcement officer may access the property of a private entity to enforce the provisions of this section; provided that the private entity's parking lot contains a parking space required by section 291-71."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION
6. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Electric Vehicles; Charging Stations; Enforcement
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
