PART IV.
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/hi/chapter-291/part-ivA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
PART IV. PARKING FOR ELECTRIC VEHICLES
Note
Part heading amended by L 2021, c 75, §6.
Revision Note
Part heading added by revisor pursuant to §23G-15.
§291-71 Designation of parking spaces for electric vehicle charging systems.
(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, 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 fee for the use of an 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)Electric vehicle charging systems shall be maintained in working order.
(d)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. [L 2009, c 156, pt of §4; am L 2012, c 89, §2; am L 2019, c 143, §2; am L 2021, c 75, §8]