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Legislative Year: 2023 Change
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Bill Detail: HB23-1233

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Title Electric Vehicle Charging And Parking Requirements
Status Governor Signed (05/23/2023)
Bill Subjects
  • Energy
  • Transportation & Motor Vehicles
House Sponsors A. Valdez (D)
T. Mauro (D)
Senate Sponsors K. Priola (D)
F. Winter (D)
House Committee Energy and Environment
Senate Committee Transportation and Energy
Date Introduced 03/08/2023
Summary

Section 2 of the bill requires the state electrical board (board) to
adopt rules requiring compliance, starting January 1, 2024, with the
provisions of the model electric ready and solar ready code that require
multifamily buildings to be electric vehicle (EV) capable and EV ready
and to have EV supply equipment installed. The board is precluded from
adopting rules that prohibit the installation or use of EV charging stations
unless the rules address a bona fide safety concern.
Current law prohibits a landlord from unreasonably prohibiting the
installation of EV charging equipment in the leased premises. This
prohibition applies only to residential rental property. Section 3 broadens
this prohibition to apply to an assigned or a deeded parking space for the
leased premises, to parking spaces accessible to both the tenant and other
tenants, and to commercial rental property. Section 3 also requires a
landlord to allow an EV or a plug-in hybrid vehicle to park on the
premises.
Current law prohibits, when a person owns a unit in a common
interest community, such as a condominium, the association that manages
the community (association) from unreasonably prohibiting the
installation of EV charging equipment in the unit. Section 4 broadens this
prohibition to apply to assigned or deeded parking spaces for the unit or
parking spaces accessible to both the unit owner and other unit owners.
Section 4 also requires a common interest community to allow an EV or
a plug-in hybrid vehicle to park at the premises.
Current law grants a local government the ability to regulate
parking, and this regulation includes requiring that buildings meet
minimum parking standards. Sections 5, 6, and 7 require the local
government, when counting minimum parking spaces, to count:
  • Any parking space that is served by an EV charging station
as at least one standard automobile parking space; and
  • Any van-accessible parking space that is wheelchair
accessible and served by an EV charging station as at least
2 standard automobile parking spaces.
Sections 8 and 9 prohibit local governments from adopting an
ordinance or a resolution that prohibits the installation or use of EV
charging stations unless the ordinance or resolution addresses a bona fide
safety concern.
Section 10 exempts, until 2030, EV charging systems from the
levy and collection of property tax.
Federal law prohibits the construction of automotive service
stations or other commercial establishments for serving motor vehicle
users along interstate highway rights-of-way, including rest areas. Due to
this prohibition, the state cannot construct EV charging systems along
interstate highway rights-of-way, including rest areas, in the state.
Section 11 specifies that, when the federal law no longer prohibits the
construction of EV charging systems along interstate highway
rights-of-way, the department of transportation may collaborate with
public or private entities to develop projects for the construction of EV
charging systems along interstate highway rights-of-way.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (08/10/2023) (most recent)  
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