DRIP Committee advances ordinance to require EV parking at new large public parking lots

The Maui County Council's Disaster Recovery, International Affairs and Planning (DRIP) Committee voted 9-0 on June 17 to recommend adoption of Resolution 23-163, substituting in the proposed CD1 version and amendments, to refer a proposed ordinance on electric vehicle parking to the Planning Commission.

The resolution would amend Maui County Code section 19.36 to require newly permitted places of public accommodation with at least 50 parking spaces to have at least two parking spaces designated for electric vehicles and equipped with an electric vehicle charging system; for each additional 50-space increment, two additional EV spaces would be required. The CD1 language clarifies definitions, states that the stricter requirement prevails if Title 16 (energy/building code) and Title 19 conflict, and includes non-substantive technical edits. The committee also adopted an amendment specifying that mobile food trucks shall not occupy parking spaces required by the title and a legislative-intent amendment that the ordinance apply to facilities permitted after approval of the ordinance.

Why it matters: the change would require operational chargers at many new large public parking sites on Maui, affecting developers, county facilities and owners of places of public accommodation such as parks or large event venues. Committee members and staff debated how the new rule would interact with Title 16 (the county energy/building code), implementation responsibilities, vendor costs and accessibility considerations.

Discussion and key points

- Scope and interaction with Title 16: Administrative Planning Officer Greg Post and Deputy Corporation Counsel Mike Hopper explained that Title 16 contains more technical and sometimes more restrictive requirements for commercial and multifamily development (for example, readiness or infrastructure requirements), while the Title 19 amendment covers a broader set of "places of public accommodation" (parks, event venues and other public parking). Post said the CD1 clarifies that the stricter requirement applies. Hopper warned of a potential state-law issue allowing owners with multiple locations to allocate spaces among locations and suggested the committee clarify the effective-date language rather than embedding a "new"/"newly constructed" reference directly in the ordinance.

- Operational vs. infrastructure requirements: Department of Public Works Director Bridal Molino clarified that the proposed Title 19 language requires chargers to be in working order, while Title 16 sets readiness or "EV-capable" infrastructure requirements. "19 requires chargers in place that are operational. 16 requires the infrastructure," Molino said.

- Accessibility: Rob Weltman, identified as a director of the Hawaii Electric Vehicle Association, noted that an earlier version of the measure from three years earlier explicitly required at least one designated EV stall to be Americans with Disabilities Act (ADA) accessible and to not displace required accessible stalls. He said the current draft is simpler but that the ADA provision appeared in prior drafts.

- Implementation, costs and county role: Cynthia Lalo, chief of staff/energy commissioner in the mayor's office, said the county's current vendor is OATI and estimated installed charging stations cost roughly $18,000 to $25,000 depending on existing infrastructure. Lalo said the administration is considering consolidating responsibility for county charging stations under the Department of Management to ensure continuity across administrations and noted procurement would likely proceed by RFP if the county expanded its program. "Our vendor is OATI. And those charging stations... range between $18,000 and $25,000 for installation depending on the infrastructure that is in place," Lalo said.

- State preemption and allocation: Deputy Corporation Counsel Mike Hopper raised a possible state-law concern: "there's a state law provision that allows an owner to sort of allocate their spaces among other... if they've got multiple locations in the state, they may be able to locate them in different areas," and advised the committee that the Planning Commission and legal staff may need to consider preemption or allocation rules.

Public testimony

- Two speakers provided oral testimony. JC Law said he supports electric vehicles. A second speaker identifying themselves as a descendant and representing the Royal/Bridal House of Hawaii raised questions about tariffs and sovereignty; the remarks were not specific to the ordinance and the speaker did not offer recommendations tied to the text.

Votes and final action

- The committee voted to substitute the resolution with the proposed CD1 and adopted two amendments (mobile food truck wording and the effective-date legislative-intent language). The final motions passed on voice votes with a recorded tally of 9 ayes, 0 noes. The committee's action sends the proposed ordinance (as attached to Resolution 23-163, CD1, as amended) to the Planning Commission for findings and recommendations.

What happens next

- The Planning Commission will review the proposed bill and return findings and recommendations to the DRIP Committee and Council. Legal and technical clarifications requested by committee members (precise effective-date language, potential state-law allocation/preemption issues, and whether to explicitly include ADA-accessible EV stalls) were noted as items for further consideration by staff and the Planning Commission.

Ending

- The committee concluded its business at the scheduled adjournment after approving the referral.