Council reviews governor's executive order and potential impacts on local EV-ready standards

Chair Tim opened extended discussion after staff placed a state executive order on the consent agenda for separate review, asking whether the order is legally binding and what it would mean locally. Paul Connor, identified in materials as chair of the planning advisory committee, summarized staff's view: assuming the order is valid, some South Burlington references to 2024 energy code would revert to 2020 standards and could reduce the proportion of EV-ready parking required. "Basically, yes," Connor said when asked whether the primary material effect would be on the number and proportion of EV-ready parking spaces.

Councilors raised legal and practical questions. "I think the bigger question for me is is executive order even legal?" Chair Tim asked, reflecting the repeated concern that an EO could be challenged in court and that enforcement consequences are unclear. City Attorney Colin McNeil advised that many municipalities are asking the same question and that staff had analyzed impacts on the assumption the EO is enforceable while leaving the validity question to pending state legal challenges. Several councilors asked staff to prepare a short legal memorandum and an option that would hard-code the city's preferred EV-ready language into the Land Development Regulations (LDRs) so that the city's rules remain what the council intended, irrespective of state-level shifts.

Council action and next steps: the council voted to receive the staff memo (item 6c) and directed staff to return with a legal review and, if requested by council majority, draft LDR language that would preserve the city's prior EV-ready standards for council/Planning Commission consideration. The vote to receive the memo was recorded by voice and approved by the council. The discussion was recorded for follow-up in future meetings.