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HB733
HOUSE OF REPRESENTATIVES
H.B. NO.
733
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to electric vehicle parking
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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The legislature
finds that the increased adoption of electric vehicles in Hawaii plays a key role
in the State's goal to achieve one hundred per cent renewable energy by
2045.
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According to the National Oceanic
and Atmospheric Administration, 2023 was the warmest year on record and will result
in dire consequences across the globe.
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Act 238, Session Laws of Hawaii 2022, was enacted as a broad
decarbonization measure to reinforce and expand Hawaii's leadership in climate
mitigation action and alert its communities of the need to adapt to the current
climate crisis.
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The legislature further finds that
the 2023 decarbonization report by the Hawaii state energy office emphasized
that reducing ground transportation emissions depends heavily on
electrification and that a widespread and reliable network of charging infrastructure
is crucial in encouraging the adoption of electric vehicles.
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The legislature also finds that
every county in the State has committed to one hundred per cent clean
transportation by 2045.
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This commitment
will require land use and infrastructure that reduce automobile dependency and
the rapid transition to electric vehicles.
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To support this transition, electric vehicles must have adequate
charging infrastructure.
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The legislature additionally finds
that Act 75, Session Laws of Hawaii 2021, was enacted with the intent of
expediting the rollout of electric vehicle charging infrastructure by providing
the counties with the power to enforce charging and maintenance requirements
under section 291-71, Hawaii Revised Statutes.
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However, section 291-71, Hawaii Revised Statutes, allows owners of
multiple properties within the State to provide electric vehicle charging
infrastructure on fewer spaces than required in an individual parking lot if
they have fulfilled the requirement in aggregate by providing more than the
required number of charging stations in a different parking lot.
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This loophole makes county enforcement of
section 291-71, Hawaii Revised Statutes, impossible, as county officials do not
have the capacity to determine whether a property owner is in compliance with
the law due to the possibility that electric vehicle chargers can be installed
in a different county.
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Furthermore,
existing law is unclear on whether the counties have the authority to regulate
electric vehicle charging systems for places of public accommodation with fewer
than one hundred public parking spaces.
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Therefore, the purpose of this Act
is to:
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(1)
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Remove the
loophole that allows property owners to electrify fewer spaces than required if
they fulfill the requirement in aggregate across different parking lots; and
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(2)
�
Provide the
counties the clear authority to regulate electric vehicle charging systems on
parking lots with fewer than one hundred stalls.
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SECTION
2
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Section 291-71,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:
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"
(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.
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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.
]
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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.
"
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SECTION
3
.
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Section 291-73,
Hawaii Revised Statutes, is amended to read as follows:
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"
[
[
]�
291-73[
]
]
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Ordinances to enforce authorized.
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Each county may adopt ordinances to [
enforce
]
:
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(1)
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Enforce
the
requirements of section 291-71, including the establishment of penalties for failure
to comply with the requirements of that section or maintain electric vehicle charging
systems in working order[
.
]
; and
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(2)
�
Regulate electric
vehicle charging systems, including maintenance requirements, for places of
public accommodation with fewer than one hundred parking spaces available for
use by the general public.
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As used in this section, "place of
public accommodation" has the same meaning as in section 489-2.
"
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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Electric
Vehicle Charging Systems; Parking Requirements; Counties; Ordinances
Description:
Removes
the exemption that allowed owners of multiple parking facilities within the
State to designate and electrify fewer parking spaces than required in one or
more of the properties if the requirement for the total number of aggregate
spaces on all of their owned properties was met.
�
Authorizes the counties to adopt ordinances
to regulate electric vehicle charging systems for places of public
accommodation with fewer than one hundred parking spaces.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.