CHAPTER 31:
ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*

 

Sec. 3101.	Definitions.
Sec. 3102.	Electric Vehicle Charging Stations Required at Commercial Parking Lots and Garages.
Sec. 3103.	Waiver.
Sec. 3104.	Administration and Enforcement.
Sec. 3105.	Undertaking for the General Welfare.
Sec. 3106.	No Conflict with Federal or State Law.

 

*Editor’s Note:

   This Chapter 31 was originally designated Chapter 30, Sections 3001 through 3006, when enacted by Ord. 244-19. The chapter and its constituent sections were editorially redesignated by the publisher to avoid a numbering conflict with existing Chapter 30, “Renewable Energy for Commercial Buildings”, which was adopted by Ord. 220-19, effective 11/4/2019.

SEC. 3101. DEFINITIONS.

   “Commercial Parking Lot or Garage” means a building, structure, or space on privately owned land that is required by Sections 1215 through 1215.7 of the Police Code to hold a commercial parking permit issued by the Chief of Police.

   “Director” means the Director of the Department of the Environment or the Director’s designee.

   “Electric Vehicle Charging Station” means electric vehicle supply equipment that consists of the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of delivering energy from premises wiring to an electric vehicle.

   “Fast Charging Station” means an Electric Vehicle Charging Station that supplies electricity at a rate of 40 kW or higher.

   “Level 2 Charging Station” means an Electric Vehicle Charging Station that supplies electricity in any amount less than 40 kW, supplied by a circuit with capacity meeting manufacturer specifications and not less than a 208/240V AC at 40 amps circuit.

(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)

SEC. 3102. ELECTRIC VEHICLE CHARGING STATIONS REQUIRED AT COMMERCIAL PARKING LOTS AND GARAGES.

   (a)   Beginning January 1, 2023, any Commercial Parking Lot or Garage with more than 100 parking spaces designated for automobiles shall provide Level 2 Charging Stations to at least 10% of the parking spaces designated for automobiles, provided that the maximum number of parking spaces where Level 2 Charging Stations are required shall be no more than 200 parking spaces per Commercial Parking Lot or Garage location.

   (b)   In lieu of installing Level 2 Charging Stations as required by subsection (a) of this Section 3102, a Commercial Parking Lot or Garage may:

      (1)   Install Fast Charging Stations as follows:

         (A)   A Commercial Parking Lot or Garage with 101-749 parking spaces available for automobiles must install at least two Fast Charging Stations; or

         (B)   A Commercial Parking Lot or Garage with 750-999 parking spaces available for automobiles must install at least three Fast Charging Stations; or

         (C)   A Commercial Parking Lot or Garage with 1000-1249 parking spaces available for automobiles must install at least four Fast Charging Stations; or

         (D)   A Commercial Parking Lot or Garage with 1250-1499 parking spaces available for automobiles must install at least five Fast Charging Stations; or

         (E)   A Commercial Parking Lot or Garage with 1500-1749 parking spaces available for automobiles must install at least six Fast Charging Stations; or

         (F)   A Commercial Parking Lot or Garage with 1750-1999 parking spaces available for automobiles must install at least seven Fast Charging Stations; or

         (G)   A Commercial Parking Lot or Garage with over 2,000 parking spaces available for automobiles must install at least eight Fast Charging Stations; or

      (2)   Install functionally equivalent electric vehicle charging services, such as battery swapping technology. All functionally equivalent electric vehicle charging services shall be approved by the Director and shall meet the following minimum requirements:

         (A)   Provide charging to commercially available electric automobiles; and

         (B)   Deliver charging capacity as follows:

            (i)   For a Commercial Parking Lot or Garage with 101-199 parking spaces available for automobiles, the service must provide a total capacity of at least 1 kW multiplied by the number of parking spaces available for automobiles; or

            (ii)   For a Commercial Parking Lot or Garage with 200-499 parking spaces available for automobiles, the service must provide a total capacity of at least 0.5 kW multiplied by the number of parking spaces available for automobiles; or

            (iii)   For a Commercial Parking Lot or Garage with 500 or more parking spaces available for automobiles, the service must provide a total capacity of at least 0.2 kW multiplied by the number of parking spaces available for automobiles; and

         (C)   Be configured to deliver charging services on an ongoing basis during business hours; and

         (D)   Be configured to deliver charging services on a daily basis to a number of automobiles equal to or more than 10% of the total number of parking spaces available to automobiles.

(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)

SEC. 3103. WAIVER.

   (a)   The Director may grant a full or partial waiver from compliance with Section 3102. A partial waiver shall authorize a reduction in the number of parking spaces providing Level 2 Charging Stations as required by subsection (a) of Section 3102 or the number of Fast Charging Stations required by subsection (b) of Section 3102, without eliminating the requirements altogether.

   (b)   The Director shall develop rules for fair evaluation of requests for waiver under this Section 3103. Any rule adopted under this authority shall be subject to disapproval of the Board of Supervisors by ordinance. The Director shall provide written notice to the Clerk of the Board of Supervisors of the adoption of any rule under this subsection (b), along with a copy of said rule. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 60 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 60-day period but the ordinance is not enacted by the Board of Supervisors within 90 days of the date of the Director’s delivery of notice to the Clerk of the Board of Supervisors, the rule shall go into effect.

   (c)   In considering a request for a full or partial waiver, the Director may consider:

      (1)   whether the existing local utility infrastructure is unable to supply sufficient electrical capacity to meet the requirements of this Chapter 31;

      (2)   whether due to site conditions it is technically infeasible to install the infrastructure to comply with the requirements of this Chapter; or

      (3)   whether the Commercial Parking Lot or Garage demonstrates it made good faith efforts to enter into an agreement with at least two companies that install, maintain, and operate Electric Vehicle Charging Stations to install the infrastructure to comply with the requirements of this Chapter at minimal or no cost to the Commercial Parking Lot or Garage, but such companies declined because such an agreement was not financially viable.

   (d)   Expiration of Waiver.

      (1)   The Director may determine that a waiver under Sections 3103(c)(1) or 3103(c)(2) shall expire after a period of up to five years from the date of the waiver.

      (2)   A waiver under Section 3103(c)(3) shall expire two years after the date the Director grants the waiver.

      (3)   Upon expiration of a waiver, the Commercial Parking Lot or Garage shall comply with Section 3102 or submit an application for waiver under Section 3103.

(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)