Hawaii-2021-HB803-Amended

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.

(d) This section shall not apply to any parking lot that is located within a special flood hazard area, as delineated on flood maps issued by the Federal Emergency Management Agency.

(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.

(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.

HOUSE OF REPRESENTATIVES	H.B. NO.	803
THIRTY-FIRST LEGISLATURE, 2021		H.D. 1
STATE OF HAWAII		S.D. 1