Definitions. | |
Electric Vehicle Charging Stations Required at Commercial Parking Lots and Garages. | |
Waiver. | |
Administration and Enforcement. | |
Undertaking for the General Welfare. | |
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.
“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)
(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)
(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.
(2) A waiver under Section 3103(c)(3) shall expire two years after the date the Director grants the waiver.
(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)
(a) The Director may issue regulations necessary or appropriate for the implementation and enforcement of this Chapter 31.
(b) If the Director determines that a Commercial Parking Lot or Garage has violated this Chapter 31 or a regulation adopted pursuant to this Chapter 31, the Director shall send a written warning, as well as a copy of this Chapter 31 and any regulations adopted pursuant to it, to the Commercial Parking Lot or Garage, which shall have 30 days after receipt of the warning to correct the violation. The Director shall send the warning to the owner of the Commercial Parking Lot or Garage and to the operator or leasee of the Commercial Parking Lot or Garage, if any.
(c) If the Commercial Parking Lot or Garage fails to correct the violation, the Director may issue an administrative citation imposing an administrative fine for the violation. Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as amended from time to time, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter 31 or any regulation adopted pursuant to this Chapter. For purposes of calculating the penalty for violating Section 3102, each day that the Commercial Parking Lot or Garage has not complied with Section 3102 shall constitute a separate violation. The Director shall issue the citation to the owner of the Commercial Parking Lot or Garage and to the operator or leasee of the Commercial Parking Lot or Garage, if any.
(d) If the Director has determined that a Commercial Parking Lot or Garage does not comply with Section 3102, and the Director issues an administrative citation under subsection (c) of this Section 3104, and the Commercial Parking Lot or Garage fails to correct the violation within a reasonable time after the administrative citation is final, which time shall be determined by the Director, the Director shall send written notice to the Chief of Police concerning the violation and request that the Chief of Police suspend or revoke the Commercial Parking Lot or Garage’s permit to operate under Section 1215.3 of the Police Code.
(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)
In enacting and implementing this Chapter 31, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)
This Chapter 31 shall be construed so as not to conflict with applicable federal or State laws, rules, or regulations. Nothing in this Chapter 31 shall authorize any City agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by State or federal law at the time such agency or department action is taken.
(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)