2023 -- H 5159 AS AMENDED

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LC000159

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES AND

PRIVILEGES

     Introduced By: Representatives McGaw, McNamara, Carson, Speakman, Ackerman,

     Date Introduced: January 19, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 31-28 of the General Laws entitled "Parking Facilities and

Privileges" is hereby amended by adding thereto the following sections:

     31-28-11. Installation of electric vehicle charging stations -- Definitions.

     As used in this section and § 31-28-12, the following words shall have the following

meanings:

     (1) "Commercial" includes, but is not limited to, any parking lot servicing box stores,

grocery markets, strip malls, shopping malls, shopping centers, and hotels or motels.

     (2) "Electric vehicle charging station" (EVCS) means a public parking space that is served

by either "EV capable" or "EV ready" charging equipment.

     (3) "EV capable" means electrical vehicle charging stations that have electrical panel

capacity and space to support a minimum 40-ampere, 208/240-volt dedicated branch circuit for

each EV parking space, and the installation of raceways (enclosed conduit that forms a physical

pathway for electrical wiring), both underground and surface mounted, to support electric vehicle

supply equipment (EVSE).

     (4) "EV ready" means a designated parking space with one 40-ampere, 208/240-volt

dedicated branch circuit for EVSE servicing electric vehicles. The circuit shall terminate in a

suitable termination point such as a receptacle, junction box, or an EVSE, and be located in close

proximity to the proposed location of the EV parking spaces.

     (5) "Housing" means any new, existing, or rehabilitated private housing developments with

more than twenty (20) units, that provide residential or public parking.

     (6) "Large employer" means any employer, with over one hundred (100) employees located

in a single complex, that owns and operates a parking lot for employee use.

     (7) "Municipal" means any parking lot servicing a municipal building, including, but not

limited to, schools, public safety facilities, town or city hall, library, public administration offices,

and recreational facilities.

     (8) "Public funding" means any funds including, but not limited to, funds derived from

federal, state or municipal sources; in-kind remuneration from any federal, state or municipal

source; gifts or grants from any federal, state or municipal source; revenue sharing or other federal,

state or municipal payments of any nature, intergovernmental transfers; tax stabilization

agreements, revenues resulting from the sale of state or municipal bonds; or by the sale or lease of

any property owned by the federal government, the State of Rhode Island, and/or any municipality

of the state.

     31-28-12. Installation of electric vehicle charging stations -- Designated parking

spaces.

     (a) All new parking lots and existing lots that undergo an expansion of the number of

parking spaces by fifty percent (50%) or more, shall create designated parking spaces for electric

vehicles.

     (b) Each electric vehicle parking space shall have either an EV-ready or EV-capable public

level 2, or DC fast charger, or a dual port charger to be shared by two (2) parking spaces.

     (c) Projects awarded or under development prior to January 1, 2024, are exempt from the

requirements of this section. Beginning January 1, 2024, the installation of electric vehicle charging

stations and the designation of parking spaces shall be required when there is:

     (1) Construction of a parking lot for a new building or new off-street parking facility;

     (2) An additional parking lot added to an addition for an existing building; or

     (3) A parking lot increased in size to add fifty percent (50%) or more parking spaces.

     (d) Commercial, municipal, large employer, and housing parking lots shall designate

electrical vehicle parking spaces based on the number of parking spaces provided in accordance

with the following table below. Calculations for the required number of EV spaces shall be rounded

up to the nearest whole number.

TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED EV SPACES

0-9 0

10-25 1

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26-50 2

51-75 4

76-100 5

101-150 7

151-200 10

201 and over six percent (6%) of total

     (e) Electric vehicle parking restrictions and violations shall be enforced pursuant to the

provisions of §§ 31-21-18 and 31-41.1-4 relating to the fine imposed for electric vehicle charging

station restrictions.

     (f) The owner of any facility or business which fails to comply with the provisions of this

section shall be subject to a penalty set and enforced by the local or state authorities on public or

private property when the location of the parking spaces is within the purview of the state building

code, chapter 27.3 of title 23.

     (g) The office of energy resources shall provide recommendations to improve electrical

vehicle charging infrastructure in underserved communities. In the development of these

recommendations, the office of energy resources may request and be furnished with information

from municipalities, an electric distribution company, the Rhode Island department of

transportation, community boards and nonprofits representing municipal interests. The office of

energy resources shall develop these recommendations by January 31, 2024.

     (h) Municipalities shall provide the office of energy resources with semiannual reports on

the number of installed public charging stations, location of the charging stations, and total number

of charging stations in the community. The office of energy resources shall make this information

available to the public on the agency's website.

     (i) The provisions of this section shall only apply to new projects awarded subsequent to

January 1, 2024 that receive any form of public funding.

     SECTION 2. This act shall take effect on July 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES AND

PRIVILEGES

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     This act would require the installation of designated electric vehicle parking spaces, with

charging capabilities by certain businesses, municipalities, and housing developments in existing,

new, or expanded parking lots commencing January 1, 2024.

     This act would take effect on July 1, 2023.

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