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HomeMy WebLinkAboutITEM V-AcAGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Proposed amendments to Auburn City Code Chapter Date: May 13, 2011 18.04, and New Chapter 18.47 relating to electric vehicle infrastructure ZOA11-0003 . Department: Planning, and Attachments: Ordinance No. 6365, Budget Impact: N/A Development House Bill 1481 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6365 Background Summary: During the 2009 session the Washington State Legislature passed House Bill 1481 (HB 1481), an Act relating to electric vehicles. The Bill addressed electric vehicle infrastructure including the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. The associated RCW 35.63.126 requires that The City of Auburn must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas by July 1, 2011. The legislature required the Washington State Department of Commerce and the Puget Sound Regional Council (PSRC) to collaborate and provide technical guidance to cities impacted by RCW 35.63.126. The two agencies worked together to create a guidebook and model ordinance, both resources were made available online. Staff utilized the guidebook and model ordinance to propose the following amendments to the Auburn City Code to respond to the legislature mandated by the State: amend Title 18 of the Auburn City Code (ACC), related to zoning, including amendments to Chapter 18.04 Definitions, and a proposed new section 18.47 Electric Vehicle Infrastructure. In general, the amendments will allow electric vehicle infrastructure as an allowed use in all zoning districts in the City of Auburn. On May 3, 2011 Planning Commission held a public hearing and recommended 7-0 that City Council approve ZOA11-0003 as presented by staff (one member of the Planning Commission was absent). Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ® Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ® Planning Comm. ❑ Other ® Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Taylor Meeting Date: May 23, 2011 Item Number: EXHIBITS: A) Ordinance Number 6365 B) Planning Commission May 3, 2011 meeting agenda bill regarding ZOA11-0003 C) Washington State Legislature House Bill 1481 Exhibit A ORDINANCE NO. 6 3 6 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING A NEW CHAPTER 18.47 OF THE AUBURN CITY CODE FOR THE PURPOSE OF COMPLIANCE WITH RCW 35.63.126 TO ALLOW THE DE- VELOPMENT OF ELECTRIC VEHICLE INFRASTRUCTURE WHEREAS, during the 2009 session, the Washington State Legislature passed House Bill 1481 (HB 1481), an Act relating to electric vehicles, addressing electric ve- hicle infrastructure including the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations; and WHEREAS, RCW 35.63.126 requires that the City of Auburn must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas by July 1, 2011; and WHEREAS, because most of the recharging for private electric vehicles will be done in residential settings, in residential zones as well as some resource areas or criti- cal areas, and therefore allowing electric vehicle infrastructure in these areas is in the public interest; and WHEREAS, because businesses in resource areas and in some critical areas may want to install electric vehicle infrastructure and therefore allowing this infrastruc- ture in these areas is in the public interest; and WHEREAS, the City Council finds that the proposed amendments to the Auburn City Code are in accordance with Section 36.70A.130 RCW; and WHEREAS, a Determination of Non-Significance was issued for the proposed amendments on April 4, 2011 with no comments or appeals filed; and. Ordinance No. 6365 May 16, 2011 Page 1 of 9 WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amend- ments were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review and were received by Department of Commerce on April 1, 2011 and final correspondence to City received on April 14, 2011; and WHEREAS, the Planning Commission held a public hearing May 3, 2011 and recommended that the City Council approve of ZOA11-0003; and WHEREAS, the Planning and Community Development Committee reviewed and recommended approval to the City Council the approval of ZOA11-0003. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASH- INGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 18.04 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.171 Battery charging station means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric ve- hicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. 18.04.172 Battery electric vehicle (BEV) means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries, and produces zero tailpipe emissions or pollution when stationary or operating. 18.04.173 Battery exchange station means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the dep- leted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. Ordinance No. 6365 May 16, 2011 Page 2 of 9 18.04.236 Charging levels means the standardized indicators of electrical force, or vol- tage, at which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications: • Level 1 is considered slow charging. • Level 2 is considered medium charging. • Level 3 is considered fast or rapid charging. 18.04.351 Electric scooters and motorcycles means any 2-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero emissions or pollution when stationary or operating. 18.04.352 Electric vehicle means any vehicle that operates, either partially or exclu- sively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. 18.04.353 Electric vehicle charging station means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other ener- gy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use. 18.04.354 Electric vehicle charging station - restricted means an electric vehicle charging station that is (1) privately owned and restricted access (e.q., single-family home, executive parking, designated employee parking) or (2) publicly owned and re- stricted (e.g., fleet parking with no access to the general public). 18.04.356 Electric vehicle charging station - public means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on-street parking) or (2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots). 18.04.357 Electric vehicle infrastructure means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. 18.04.358 Electric vehicle parking space means any marked parking space that identi- fies the use to be exclusively for the parking of an electric vehicle. 18.04.619 Medium-speed Electric Vehicle means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 Ordinance No. 6365 May 16, 2011 Page 3 of 9 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500. 18.04.643 Neighborhood Electric Vehicle means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under Title 49 C. F. R. Part 571.500. 18.04.649 NonElectric Vehicle means any motor vehicle that does not meet the defini- tion of "electric vehicle." 18.04.741 Plug-in hybrid electric vehicle (PHEV) means an electric vehicle that (1) con- tains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity. 18.04.779 Rapid charging station means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. 18.04.294 Designated Accessible Space A WAC 51-50-005 required accessible park- ing space designated for the exclusive use of parking vehicles with a State Disabled Parking Permit. 18.04.019 Accessible Electric Vehicle Charging Station An electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum 44-inch width) and the electric vehicle. Section 2. New Chapter to City Code. That a new Chapter, 18.47 of the Auburn City Code be and the same hereby is created to read as follows: Sections: 18.47.010. Purpose 18.47.020. Permitted locations 18.47.030. Required facilities 18.47.040. General requirements 18.47.050. Accessible facilities 18.47.060. Charging and parking 18.47.070. Signage Ordinance No. 6365 May 16, 2011 Page 4 of 9 18.47.010 Purpose The purpose of this section is to eliminate obstacles to a transition to electric ve- hicle use by allowing the establishment of a convenient and cost-effective electric ve- hicle infrastructure. 18.47.020 Permitted locations Zoning District PUD EVI Type R7, M1, RC, R10, Cl, M2, R 1, R16, CN, C2, BO, 1 P_ R5 R20 RO DUC C31 EP 1 EV Charging P3 P3 P P P P P Station , 2 Rapid Charg- P5 P5 P P P P P ing Station 4 Battery Ex- X X X X P P P change Sta- tion P. Use is permitted. X: Use is not allowed in the given zoning district. Development Standards 1. Level 1 and Level 2 charging only. 2. Level 1 and Level 2 charging are permitted in aquifer recharge areas and in other critical areas when serving an existing use. 3. Allowed only as accessory to a principal outright permitted use or permitted condi- tional use. 4. The term "Rapid" is used interchangeably with Level 3 and Fast Charging. 5. Only "electric vehicle charging stations - restricted" as defined in 18.47.028. 18.47.030 Required facilities: Electric Vehicle Charging Station Spaces None at this time. 18.47.040 Electric Vehicle Charging Stations - Generally A. Electric vehicle charging stations are reserved for parking and charging elec- tric vehicles only. B. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space. Ordinance No. 6365 May 16, 2011 Page 5 of 9 18.47.050 Accessible Electric Vehicle Charging Stations Quantity and Location Where electric vehicle charging stations are provided in parking lots or parking ga- rages, accessible electric vehicle charging stations shall be provided as follows: A. Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table. Number of EV Charging Stations Minimum Accessible EV Charging Stations 1-50 1 51-100 2 101-150 3 151-200 4 201-250 5 251-300 6 B. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. 18.47.060 Off Street Parking - Electric Vehicle Charging Stations To ensure an effective installation of electric vehicle charging stations, the regulations in this subsection provide a framework for when a private property owner chooses to pro- vide electric vehicle charging stations. A. Purpose. For all parking lots or garages, except those that include restricted elec- tric vehicle charging stations. B. Number. No minimum number of charging station spaces is required. C. Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of code. D. Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and addi- tional locational and design criteria are provided in recognition of the various parking lot layout options. 1. Where provided, parking for electric vehicle charging purposes is required to include the following: a. Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of opera- tions shall be included if time limits or tow away provisions are to be enforced. b. Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other con- tact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered. c. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building Ordinance No. 6365 May 16, 2011 Page 6 of 9 entrance, the charging equipment shall be located so as not to interfere with acces- sibility requirements of WAC 51-50-005. d. Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only. 2. Parking for electric vehicles should also consider the following: a. Notification. Information on the charging station, identifying voltage and ampe- rage levels and any time of use, fees, or safety information. b. Signage. Installation of directional signs at the parking lot entrance and at ap- propriate decision points to effectively guide motorists to the charging station space(s). E. Data Collection. To allow for maintenance and notification, the local permitting agency will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition "electric vehicle charging station - public") to provide information on the station's geographic location, date of installation, equip- ment type and model, and owner contact information. 18.47.70 Signage Noticing of Electric Vehicle Charging Stations A. Upon adoption, the City shall require appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation, as ap- plicable, shall state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes. Violators are subject to a fine and/or removal of their vehicle. B. Public use stations 1. Electric vehicle charging stations available for public use shall have posted signage, as identified in this subsection, allowing only charging electric vehicles to park in such spaces. For purposes of this subsection, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. Example of possible signage to demarcate an Off- street Parking Space with Charging Station Equipment: EXCEPT FOR ELECTRIC VEHICLE CHARGING Ordinance No. 6365 May 16, 2011 Page 7 of 9 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any per- son or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Ordinance No. 6365 May 16, 2011 Page 8 of 9 Daniel B. Heid, City Attorney Published: Ordinance No. 6365 May 16, 2011 Page 9 of 9 Exhibit B A 7Y OF - . . n B-U-R AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Proposed amendments to Auburn City Code Chapter Date: April 22, 2011 18.04, and New Chapter 18.47 relating to electric vehicle infrastructure z0A11-0003 . Department: Planning, and Attachments: See exhibit list Budget Impact: NIA Development Administrative Recommendation: Planning Commission to hold a public hearing on amendments to Auburn City Code Chapters 18.04, and 18.47 and make a recommendation to City Council. Background Summary: During the 2009 session, the Washington State Legislature passed House Bill 1481 (HB 1481) an Act relating to electric vehicles. The Bill addressed electric vehicle infrastructure including the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. The associated RCW 35.63.126 requires that the City of Auburn must allow electric vehicle infrastructure as a use in all areas except those zoned for residential, resource use, or critical areas by July 1, 2011. Staff proposes the following amendments to the Auburn City Code to respond to the legislation mandate made by the State. Due to the technical nature of the proposed amendments many definitions will be added to Chapter 18.04. The numbering in 18.04 will be determined once the Planning Commission has made their recommendation. The regulations regarding the implementation of electric vehicle infrastructure will be added as Chapter 18.47. Chapter 18.47 is currently available. Working with the Public Works department, staff has determined that provisions to allow on street electric vehicle infrastructure to be located within the public right of way should be provided for in the City's Engineering Design Standards. To adopt the necessary changes to the design standards staff will present the proposal to the Public Works Committee. Changes to the design standards do not require approval by Planning Commission or City Council. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building El M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ® Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ® Planning Comm. ❑ Other ® Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _I Tabled Until ! 1 Councilmember: Staff: Taylor Meeting Date: May 3, 2011 Item Number: AtJBURN * MORE THAN YOU IMAGINED Agenda Subject: Agenda Subject: Proposed amendments to Auburn Date: April 22, 2011 City Code Chapter 18.04, and New Chapter 18.47 relating to electric vehicle infrastructure (ZOA11-0003) Findings of Fact 1. Title 18 of the Auburn City Code (ACC), related to zoning, includes Chapter 18.04 Definitions, and a proposed new section 18.47 Electric Vehicle Infrastructure. 2. This proposed amendment is the result of action taken at the State legislature to allow the integration of electric vehicle infrastructure. Pursuant to HB 1481 the City of Auburn is required to adopt an amendment allowing electric vehicle infrastructure by July 1, 2011. This is stated in RCW 35.63.126. 3. The legislature required the Washington State Department of Commerce and the Puget Sound Regional Council (PSRC) to collaborate and provide technical guidance to cities impacted by RCW 35.63.126. The two agencies worked together to create a guidebook and model ordinance, both resources were made available online. 4. In general, the amendments will allow electric vehicle infrastructure as an allowed use in all zoning districts in the City of Auburn. 5. These code amendments are supported by the City of Auburn's Comprehensive Plan, by the following objectives: objective 18.2 to continue to enhance and maintain the quality of air resources in the City and Region; objective 18.6 to promote energy efficiency and management of resources in the development and operation of public facilities and services, as well as in private development; objective 15.1 to allow the development of private utilities to meet the needs of the existing community and provide for its planned growth consistent with the serving utilities public service obligations; objective 9.5 utilize the City's unique environmental opportunities and planned infrastructure to build on and support economic development efforts. The following sections of the City's Comprehensive Transportation Plan support the proposed amendment: TR-16 incorporate green technology and sustainable practices into transportation improvements whenever feasible; and TR-17 support efforts to improve air quality throughout the Auburn area and develop a transportation system compatible with the goals of the Federal and State Clean Air Acts. 6. A Determination of Non-Significance was issued for the proposed amendments to Chapters 18.04, and 18.47 on April 4, 2011. The comment period ended April 18, 2011. Staff has not received any comments on the proposed amendments. Appeal period ends May 2, 2011. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review and were received by Department of Commerce on April 1, 2011. The City received an acknowledgement letter via email on April 5, 2011, and final correspondence on April 14, 2011. 8. Initial concepts reviewed by the Planning and Community Development Committee on February 28, 2011 and the Committee provided feedback to staff. Page 2 of 4 Agenda Subject: Agenda Subject: Proposed amendments to Auburn Date: April 22, 2011 City Code Chapter 18.04, and New Chapter 18.47 relating to electric vehicle infrastructure (ZOA11-0003) 9. Staff presented the draft code languagelconcepts to the Planning Commission on April 5, 2011. 10. The public hearing notice was published on April 21, 2011 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for May 3, 2011. 11. The following discussion outlines the proposed amendments to Chapters 18.04, Definitions, 18.47 a new section on Electric Vehicle Infrastructure scheduled for the Planning Commission's May 3, 2011 public hearing with a staff recommendation: Conclusions Pursuant to RCW 35.63.126 the City of Auburn must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas by July 1, 2011, Staff attended a workshop sponsored by Puget Sound Clean Cities on April 19, 2011, wherein it was discussed that the majority of the expected electrical vehicle infrastructure will be placed in individual homes, with a smaller percentage in private businesses, and the smallest percentage expected in the public right of way. Staff utilized the model ordinance proposed by the Puget Sound Regional Council to draft the proposed changes to the Auburn City Code. The on-street parking provisions have been removed from this proposal so that they can be processed by the Public Works department to allow electric vehicle infrastructure in the public right-of-way. These code amendments are supported by the City of Auburn's Comprehensive Plan, by the following objectives and policy: Objective 9.5 - Utilize the City's unique environmental opportunities and planned infrastructure to build on and support economic development efforts. Objective 15.1 - To allow the development of private utilities to meet the needs of the existing community and provide for its planned growth consistent with the serving utilities public service obligations Objective 18.2 - To continue to enhance and maintain the quality of air resources in the City and Region Objective 18.6 - To promote energy efficiency and management of resources in the development and operation of public facilities and services, as well as in private development EN-41.A The City shall encourage and promote the use of electric vehicles by supporting a broad range of opportunities for vehicle recharge. The following sections of the City's Comprehensive Transportation Plan support the proposed amendment: TR-16 - Incorporate green technology and sustainability practices into transportation improvements whenever feasible. TR-17 - Support efforts to improve air quality throughout the Auburn area and develop a transportation system compatible with the goals of the Federal and State Clean Air Acts. Page 3 of 4 Agenda Subject: Agenda Subject: Proposed amendments to Auburn Date: April 22, 2011 City Code Chapter 18.04, and New Chapter 18.47 relating to electric vehicle infrastructure (ZOA11-0003) The proposal helps to achieve objective 18.2 which states that the City of Auburn should enhance and maintain the quality of air resources in the City and Region. Electrical vehicles produce less emissions thereby contributing to the maintenance of the quality of air resources in the City and Region. The proposed amendments comply with objective 18.6 which states that the City of Auburn should promote energy efficiency and management of resources in the development and operation of public facilities and services, as well as in private development. The proposed amendment will allow the implementation of electric vehicle infrastructure in all zoning districts in the City of Auburn, promoting energy efficiency. The proposed amendment also works with private utilities with a new product as stated as a goal in objective 15.1 which states that the City of Auburn should allow the development of private utilities to meet the needs of the existing community and provide for its planned growth consistent with the serving utilities public service obligations. The proposed amendment further complies with the economic development chapter of the Comprehensive Plan, objective 9.5, which states that the City of Auburn should utilize the City's unique environmental opportunities and planned infrastructure to build on and support economic development efforts. The proposed amendment promotes compliance with the Comprehensive Transportation Plan, policy TR-16, states that the City of Auburn should incorporate green technology and sustainable practices into transportation improvements whenever feasible, and policy TR-17 states that the City of Auburn should support efforts to improve air quality throughout the Auburn area and develop a transportation system compatible with the goals of the Federal and State Clean Air Acts. The proposed amendments will allow for the incorporation of green technology into transportation improvements and will support State and Federal Clean Air Acts. The proposed code amendment follows the model outlined by the joint effort of the Puget Sound Regional Council and the Washington State Department of Commerce. Staff took the concepts before the PCDC for initial feedback and then held a work session with the Planning Commission on April 5, 2011. Planning Commission questioned how the proposed on street infrastructure provisions would be implemented. Discussion with staff from the Public Works department informed the proposed amendment and the proposed on street implementation was removed from this proposed ordinance amendment and will be processed by the Public Works department as an amendment to the City's Engineering Design Standards. To adopt the necessary changes to the design standards staff will present the proposal to the Public Works Committee. Changes to the design standards do not require approval by Planning Commission or City Council. The proposed ordinance amendment and the proposed changes to the design standards will fulfill the requirements of RCW 35.63.126 Staff Recommendation Approval Exhibits: Exhibit A: Proposed code changes Exhibit B: Environmental Checklist Exhibit C: DNS Exhibit D: 60-day state review letter Exhibit E: Senate Bill 1481 Page 4 of 4 I EXHIBIT A 3 Chapter 18.04 - DEFINITIONS 5 Battery char in station means an electrical component assembly or cluster of 6 component assemblies designed specifically to charge batteries within electric vehicles, 7 - which meet or exceed any standards, codes, and regulations set o ..f. rth by chapter 19.28 8 RCW and consistent with rules adopted under RCW 19.27.540. 10 Battery electric vehicle (BEV) means any vehicle that operates exclusively on 11 electrical energy from an off-board source that is stored in the vehicle's batteries and 12 produces zero tailpipe emissions or pollution when stationary or operating. 13 14 Battery exchange station means a fully automated facility that will enable an electric 15 vehicle with a swappable battery to enter a drive lane and exchange the depleted battery 16 with a fully charged battery through a fully automated process, which meets or exceeds 17 an standards codes and regulations set forth b chapter 19.27 RCW and consistent 18 with rules adopted under RCW 19.27.5401 19 20 Charging levels means_ the standardized indicators of electrical force, or voltage, at 21 which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most 22 common EV charging levels and include the following specifications: 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Level is considered slow charging. Level 2 is considered medium charging. Level 3 is considered fast or rapid charging_ Electric scooters and motorcycles means any 2-wheel vehicle that operates exclusively-on electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero emissions or pollution when stationary or operating. Electric vehicle means an vehicle that operates, either artiall or exclusive) on electrical energy from the rid or an off-board source that is stored on-board for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle, (2)-a plug-in hybrid electric vehicle, U a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. Electric vehicle charginga station means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive ,means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station „equipped with Level _1_or Level 2 charging equipment is permitted outright as an accessory use to any principal use. Electric vehicle charging station restricted means an electric vehicle charging station that is 1 privately owned and restricted access (e.-g., single-family home executive parking, designated employee arkin or 2 publicly owned and restricted (e.g., fleet parking with no access to the general public). I Electric vehicle charging station public means an electric vehicle charging station 2 that is 1 publicly owned and publicly available e. Park & Ride parking, public libra 3 harking lot, on-street parking) or (2) privately owned and publicly available (e.g., 4 shopping center parking, non-reserved parking in multi-family parking lots). 5 6 Electric vehicle infrastructure means structures, machinery, and equipment necessary 7 and integral to support an electric vehicle, including battery chargingstatons, rapid 8 charaino stations, and battery exchange stations. 10 Electric vehicle parking space means an marked parking space that identifies the 11 use to be exclusively for the parking of an electric vehicle. 12 13 Medium-speed Electric Vehicle means a self-propelled, electrically powered four- 14 wheeled motor vehicle equipped with a roll cage or crush-proof body design, whose 15 seed attainable in one mile is more than 25 miles per hour but not more than 35 miles 16 per hour and otherwise meets or exceeds the federal re ulations set forth in 49 C.F.R. 17 Sec. 571.500. 18 19 Neighborhood Electric Vehicle means a self-propelled, electrically powered four- 20 wheeled motor vehicle whose-speed attainable in one mile is more than 20 miles per 21 hour and not more than 25 miles per hour and conforms to federal regulations under 22 Title 49 C.F.R. Part 571.500. 23 24 Non-Electric Vehicle means any motor vehicle that does not meet the definition of 25 "electric vehicle." 26 27 Plug-in hybrid electric vehicle (PHEV) means an electric vehicle that (1) contains an 28 internal combustion engine and also allows power to be delivered to drive wheels by an 29 electric motor; (2) charges its battery primarily by connecting to the grid or other off- 30 board electrical source' 3 may additional) be able to sustain batte char a usin an 31 on-board internal-combustion-driven generator; and (4) has the ability to travel powered 32 by electricity. 33 34 Rapid charging station means an industrial grade electrical outlet that allows for faster 35 recharging of electric vehicle batteries through higher power levels and that meets or 36 exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and 37 consistent with rules adopted under RCW 19.27.540. 38 39 Designated Accessible Space A WAC 51-50-005 required accessible parking space 40 designated for the exclusive use of parking vehicles with a State Disabled Parking 41 Permit. 42 43 Accessible Electric Vehicle Charging Station An electric vehicle charging station 44 where the battery charging station equipment is located within accessible reach of a 45 barrier-free access aisle (minimum 44-inch width) and the electric vehicle. 46 47 1 Section 2. New Chapter to City Code. That Section 18.47 of the Auburn 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City Code be and the same hereby is created to read as follows: Sections: 18.47.010. Purpose 18.47.020. Permitted locations 18.47.030. Required facilities 18.47.040. General requirements 18.47.050. Accessible facilities 18.47.060. Charging and parking 18.47.070. Signage 18.47.010 Purpose The purpose of this section is to eliminate obstacles to a transition to electric vehicle use by allowing the establishment of a convenient and cost-effective electric vehicle infrastructure. 18.47.020 Permitted locations Zoning District EVI Type PUD, R7, R10, RC, R1 R16, Cl, C2, M1, M2, R5 R20 Chi, RO ©UC C3, BO, EP I, P-1 EV Charging P3 P3 P P P P P Station 2 Rapid Charging P5 P5 P P P P P Station 4 Battery Exchange X X X X P _ P P Station P: Use is permitted. X: Use is not allowed in the given zoning district. Development Standards 1. Level 1 and Level 2 charging only. 2. Level 1 and Level 2 charging are permitted in aquifer recharge areas and in other critical areas when serving an existing use. 3. Allowed only as accessory to a principal outright permitted use or permitted conditional use. 4. The term "Rapid" is used interchangeably with Level 3 and l=ast Charging. 5. Only "electric vehicle charging stations - restricted" as defined in 18.47.028. 18.47.030 Required facilities: Electric Vehicle Charging Station Spaces None at this time. 1 2 3 7 8 9 10 11 12 13 14 15 18.47.040. Electric Vehicle Charging Stations - Generally A. Electric vehicle charging stations are reserved for parking and charging electric vehicles only. B. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space. 18.47.050 Accessible Electric Vehicle Charging Stations Quantity and Location Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows: A. Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table. Number of EV Charging Stations Minimum Accessible EV Charging Stations 1-50 1 51-100 2 101-150 3 151-200 4 201-250 5 251-300 6 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 B. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. 18.47.060. Charging and parking 18.47.061 Off Street Parking - Electric Vehicle Charging Stations To ensure an effective installation of electric vehicle charging stations, the regulations in this subsection provide a framework for when a private property owner chooses to provide electric vehicle charging stations. A. Purpose. For all parking lots or garages, except those that include restricted electric vehicle charging stations. B. Number. No minimum number of charging station spaces is required. C. Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of code. D. Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options. 1. Where provided, parking for electric vehicle charging purposes is required to include the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 a. Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced. b. Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered. c. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005. d. Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only. 2. Parking for electric vehicles should also consider the following: a. Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information. b. Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). E. Data Collection. To allow for maintenance and notification, the local permitting agency will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition "electric vehicle charging station - public") to provide information on the station's geographic location, date of installation, equipment type and model, and owner contact information. 18.47.070. Signage Noticing of Electric Vehicle Charging Stations A. Upon adoption, the City shall require appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation, as applicable, shall state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes. Violators are subject to a fine and/or removal of their vehicle. B. Public use stations Electric vehicle charging stations available for public use shall have posted signage, as identified in this subsection, allowing only charging electric vehicles to park in such spaces. For purposes of this subsection, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. Example of possible signage to demarcate an Off-street Parking Space with Charging Station Equipment: cir~ror . CITY OF AUBURN AND U Department of Planning, Building & Community f Auburn City Hall, 2ntl Floor WASHINGTON i 25 West Main Street Auburn, WA 98001 Tel: 253.931.3090 Fax: 253.804.3114 permitcenter@aubumwa.gov www.auburnwa.aov ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: Amendment to the Auburn City Code Chapters 18.47, Electric Vehicle Infrastructure. 2. Name of Applicant: City of Auburn Address and phone number of applicant and contact person: Planning, and Development Department 25 West Main Auburn, WA 98001-4998 Hillary Taylor, Senior Planner (253) 931-3090 4. Date checklist prepared: March 25, 2011 5. Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): A Planning commission public hearing on the proposed amendments covered by this checklist is tentatively scheduled for (but no earlier than) June 6, 2011. It is anticipated that the City Council will make a decision no later than July 1, 2011. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, or not adopting the amendments. Although not an approval or permit, the proposed amendments and zoning are also subject to the 60-day State Agency review process pursuant to RCW 36.70A.106. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You need not repeat those answers on this page. The proposal amends the Auburn City Code Chapter 18.47, Electric Vehicle Infrastructure. The amendment is intended to eliminate obstacles to a transition to electric vehicle use by allowing the establishment of a convenient and cost- effective electric vehicle infrastructure. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Not applicable. This is a non-project action. E N V I R O N M E N T A L E L E M E N T S 1. Earth A. General description of the site: The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides. Flat rolling hilly steep slopes mountainous Other B. What is the steepest slope on the site (approximate percent slope)? The slope of the valley walls in the City vary, but some slopes associated with the valley walls reach 100%. Most sites on the valley floor have limited slopes. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish and Briscott series. These soils are fairly poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated prime farmland within the City of Auburn. The soils in the uplands are predominantly of the Alderwood series. These soils drain moderately well and are typically located on slopes ranging from 0 - 70%. D. Are there surface indications or history of unstable soils in the immediate vicinity? If yes, describe below. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The City has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9.7, respectively in the City's Comprehensive Plan. E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. The proposed amendments are non-project actions, so no site alteration, construction, or earthwork is proposed. F. Could erosion occur as a result of clearing, construction, or use? If yes, generally describe below. Not applicable. This is a non-project action. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. This is a non-project action. H. Proposed measures to reduce or control erosion, or other impacts to the earth. This is a non-project action so no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments. The City also has design and construction standards that address erosion impacts. 2. Air A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if know. Not applicable. This is a non_project action. B. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. Not applicable. This is a non-project action. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. This is a non-project action. 3. Water A. Surface Water 1) Is there any surface water body on or in the immediate vicinity of the site (including year round and seasonal streams, saltwater, lakes, ponds, wetlands); If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The City has conducted an inventory of wetlands within the City limits. These are shown on Map 9.3 of the City's Comprehensive Plan. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. This is a non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Not applicable. This is a non-project action. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Proposal is non-project action. However, several areas within Auburn lie within the 100-year floodplain of the Green or White River and Mill Creek. These areas as well as frequently flooded areas as defined by the City of Auburn Public Works Department are shown on Map 9.4 of the City's Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not applicable. This is a non-project action. B. Ground Water 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not applicable. This is a non-project action. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is (are) expected to serve. Not applicable. This is a non-project action. C. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable. This is a non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. This is a non-project action. 3) Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. This is a non-project action. 4. Plants A. Indicate types of vegetation found on the site: Not applicable. This is a non-project action. Deciduous Tree: Alder, Maple, Aspen, Other Evergreen Tree: Fir, Cedar, Pine, Other Shrubs Grass Pasture Crop or Grain Wet Soil Plants: Cattail, Buttercup, Bullrush, Skunk Cabbage, Other Water Plants: Water Lily, Eelgrass, Milfoil, Other Other Types of Vegetation: B. What kind and amount of vegetation will be removed or altered? Not applicable. This is a non-project action. C. List threatened or endangered species known to be on or near the site: Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. This is a non-project action. 5. Animals A. Indicate any birds and animals which have been observed on or near the site or are known to be on or near the site: Not applicable. This is a non-project action. Birds: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: B. List any threatened or endangered species known to be on or near the site. Not applicable. This is a non-project action. C. Is the site part of a migration route? If so, explain. Auburn is a portion of the Pacific Flyway for migratory birds. D. Proposed measures to preserve or enhance wildlife, if any: Not applicable. This is a non-project action. 6. Energy and Natural Resources A. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. This is a non-project action. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. This is a non-project action. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. This is a non-project action. Environmental Health Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. A. Describe special emergency services that might be required: Not applicable. This is a non-project action. B. Proposed measures to reduce or control environmental health hazards, if any: Not applicable. This is a non-project action. 8. Noise A. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Not applicable. This is a non-project action. B. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Not applicable. This is a non-project action. C. Proposed measures to reduce or control noise impact, if any: Not applicable. This is a non-project action. 9. Land and Shoreline Use A. What is the current use of the site and adjacent properties? The City contains a variety of land uses including residential, industrial, commercial, open space, and public land uses. B. Has the site been used for agriculture? If so, describe; Much of the Green River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, rapid growth in the area resulted in much of the agricultural land converting to urban uses. No land within the City is designated as agricultural, though some parcels continue as that type of use. C. Describe any structures on the site: Not applicable. This is a non-project action. D. Will any structures be demolished? If so, what? Not applicable. This is a non-project action. E. What is the current zoning classification of the site? City zoning districts include: RC (Residential Conservation); R1 (one residential dwelling unit per acre); R5 (five residential dwelling units per acre); R7 (seven residential dwelling units per acre); R10 (10 residential dwelling units per acre); RMHP (Residential Manufactured Horne District); RO (Residential Office); RO-H (Residential Office-Hospital); CN (Neighborhood Commercial) C1; (Light Commercial); C2 (Central Business District); C3 (Heavy Commercial); M1 (Light Industrial); M2 (Heavy Industrial); BP (Business Park); LF (Airport Landing Field); P1 (Public Use); UNC (Unclassified Use); I (Institutional Use); LH (Lea Hill). F. What is the current comprehensive plan designation of the site? A Comprehensive Plan map of the City is contained in the City's Comprehensive Plan and includes 13 different plan designations. G. If applicable, what is the current shoreline master program designation of the site? Portions of the City along the Green and White Rivers fall under the Shoreline Master Program. A map of the shoreline designations for those areas is Map 9.1 of the City's Comprehensive Plan. H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify; Not applicable. This is a non-project action. However, areas of the City do have sensitive areas and the regulation and protection of sensitive areas are addressed through the City's critical areas ordinance. I. Approximately how many people would reside or work in the completed project? Not applicable. This is a non-project action. J. Approximately how many people would the completed project displace? Not applicable. This is a non-project action. K. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. This is a non-project action. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Not applicable. This is a non-project action. 10. Housing A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. This is a non-project action. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. This is a non-project action. C. Proposed measures to reduce or control housing impacts, if any: Not applicable. This is a non-project action. 11. Aesthetics A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Not applicable. This is a non-project action. B. What views in the immediate vicinity would be altered or obstructed? Not applicable. This is a non-project action. C. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. This is a non-project action. 12. Light and Glare A. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. This is a non-project action. B. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. This is a non-project action. C. What existing off-site sources of light or glare may affect your proposal? Not applicable. This is a non-project action. D. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. This is a non-project action. 13. Recreation A. What designated and informal recreational opportunities are in the immediate vicinity? Not applicable. This is a non-project action. Would the proposed project displace any existing recreational uses? If so, describe. The City of Auburn provides a full range of parks and recreational facilities. Map 11.1 of the City's Comprehensive Plan shows the location of these facilities. B. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any: Not applicable. This is a non-project action. 14. Historic and Cultural Preservation A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: Not applicable. Proposal is a non-project action. However as a matter of information, in Auburn, the Blomeen House located at 324 B Street NE is on the National Register of Historic Places. The Carnegie Library Building at 306 Auburn Avenue (currently Auburn Dance and Music Center) and the Auburn Post Office (currently Seattle-King County Health Department) at 20 Auburn Avenue NE are local and county landmarks. The Olson Farm, located at 28728 Green River Road South, was designated as King County Landmark in 2000 and the Masonic Temple Building at the southeast corner of Auburn Way South and East Main Street was designated as a King County Historical Landmark in 2002. B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers' Special Area Management Plan. C. Proposed measures to reduce or control impacts, if any: Not applicable, this is a non-project action. 15. Transportation A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Not applicable, this is a non-project action. B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable, this is a non-project action. However, Figure 4-1 of the Comprehensive Transportation Plan (transportation element) shows the location of public transit routes within the City. Also, a commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW. C. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable, this is a non-project action. D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): Not applicable, this is a non-project action. E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000. Amtrak trains pass through Auburn but do not stop here. The Auburn Airport is located north of 15"' Street NE. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable, this is a non-project action. G. Proposed measures to reduce or control transportation impacts, if any: Not applicable, this is a non-project action. 16. Public Services A. Would the project result in an increased need for public services (for example. fire protection, police protection, health care, schools, other)? If so, generally describe: Not applicable, this is a non-project action. B. Proposed measures to reduce or control direct impact on public services, if any: Not applicable, this is a non-project action. 17. Utilities A. Please indicate below what utilities are currently available at the site: X Electricity x sanitary sewer x natural gas, x septic system x water x other - Cable TV x refuse service, x telephone All of these utilities are available throughout the City of Auburn. Describe the utilities that are proposed for the project, the utility providing B. the service, and the general construction activities on the site or in the immediate vicinity which might be needed: This is a non-project action. However, the Comprehensive Plan includes a utilities element (as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. - Also, the City actively engages in planning for public facilities. A new Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the City in 2001. A new Comprehensive Drainage Plan was adopted in 2002. A new six year Capital Facilities Plan was adopted in 2008 (2009-2014). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. Signature I certify under penalty of perjury under the laws of the State of Washington that the information furnished in this Checklist is true and correct to the best of my knowledge and that I am the owner of the premises where the work is to be performed or am acting as the owner's authorized agent. I further agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as part of this application. I further agree that the City of Auburn staff may enter upon the subject property(ies) at any reasonable time to consider the merits of the application, to take photographs and to post public notices. OWNER/AGENT PRINTED NAME OWNER/AGENT SIGNATURE: DATE SUBMITTED: SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (Do not use this sheet for project action) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal to amend the Auburn City Code to allow for the adoption of electric vehicle infrastructure will likely decrease automobile emissions to the air. No discharges to water are expected. Production and storage of hazardous substances will be associated with the batteries associated with electric vehicles. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. The proposed amendment is supported by the emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air. Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation. This should support wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance, shoreline master program regulations, and the Design and Construction Manuals, also provide additional protection for these types of impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? This proposal will amend Chapter 18.47 of the Auburn City Code to facilitate the adoption of electric vehicle infrastructure. It is unlikely the proposed code amendment will have any adverse effect on plants, animals, fish, or marine life; Proposed measures to protect or conserve plants, animals, fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. Evaluation based on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place on a case-by-case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation be used and/or retained. This should support wildlife habitat areas, particularly near streams as the policies assist the City in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. 3. How would the proposal be likely to deplete energy or natural resources? The proposal to allow for the adoption of infrastructure to support electric vehicles will deplete electricity and natural resources associated with creation and production of signage, electric lines, and power stations and infrastructure that will be allowed to be implemented in association with this proposed amendment. The proposal could help support the reduction of gasoline consumption. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. The adoption of this proposed ordinance would support the Energy Management Plan by providing for the ease of implementation of electric vehicle infrastructure on and off street. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Taken as a whole, there should not be any change in impacts from existing regulations on environmentally sensitive areas or areas designated for government protection. Regulations are in place to protect environmentally sensitive areas regardless of the use of the land or these proposed code amendments. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance, seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, floodplain, wildlife habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal to amend the Auburn City Code to allow for electric vehicle infrastructure will likely not affect land and shoreline uses. The amendment would encourage uses that will be compatible with existing plans. This is a non-project action, which will allow individuals to add utility to their residences or streets in order to charge their electric vehicles. Land and shoreline uses will likely be no greater impacted by this proposed amendment than the current implementation of electric utilities. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects 'of development on them. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal will likely not directly increase demands on transportation or public services, however it will likely result in an increase in demands on utilities. The implementation of the proposed amendment to allow for electric vehicle infrastructure will likely result in an increased demand for electricity. Proposed measures to reduce or respond to such demand(s) are: The Auburn Comprehensive Plan presently incorporates the 2009-2014 Capital Facilities Plan updated, which seeks to maintain a sufficient level of service for public services as development occurs. Also, the City actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan were adopted by the City in 2001. The Comprehensive Drainage Plan was adopted in 2002. The Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 Comprehensive Plan amendment cycle. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. All four of these documents are currently undergoing amendments. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not appear to present any conflict with local, state, or federal laws or requirements. Determination of Non-Significance Electric Vehicle Infrastructure Amendment SEP19-0003 Description of Proposal: The applicant proposes to amend the Auburn City Code for the purpose of compliance with RCW 35.63.126 to allow the development of electric vehicle infrastructure. Proponent: City of Auburn Planning and Development Department Hillary Taylor, Senior Planner Location: The proposed amendment would apply city wide. Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued below. Comments must be submitted by 5:00 p.m. on April 18, 201'1. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 p.m. on May 2, 2011. Responsible Official: Kevin H. Snyder, AICP PositionlTitle: Director, Planning and Development Department Address: 25 West Main Street Auburn, Washington 98001 253-931-3090 Date Issued: April 4, 2011, Signature: Kevin H. Snyder, AICP Director, Planning and Development Department Note: This determination does not constitute approval of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal will be required to meet all applicable regulations. Department of Commerce Innovation is in our nature. Notification for 60-Day Review of Development Regulation Amendment Pursuant to RCW 36.70A.106, the following hereby provides 60-day notice of intent to adopt the following develonment renulation amendments. Jurisdiction Name: The City of Auburn Address: 25 West Main Street Auburn, WA 98001-4998 Date: April 1, 2011 Contact Name for Ordinance: Hillary Taylor, Senior Planner Phone Number: 253288-7412 Fax Number: 253804-3114 E-Mail Address: htaylor@auburnwa.gov Brief Description of the AN ORDINANCE OF THE CITY COUNCIL Proposed Development OF THE CITY OF AUBURN, WASHINGTON, ADOPTING A NEW Regulation Amendment: CHAPTER 18.47 OF THE AUBURN CITY ❑ Check the box if this is Supplemental CODE FOR THE PURPOSE OF Material for an existing amendment COMPLIANCE WITH RCW 35.63.126 TO already submitted to CTED. Please also ALLOW THE DEVELOPMENT OF provide the date submitted and/or CTED ELECTRIC VEHICLE INFRASTRUCTURE Material ID number. Planning Commission: June 6, 2011 Planned Public Hearing Date: and City Council: July 4, 2011 Planned Date of Adoption: July 4, 2011 Please Attach a Draft of the Proposed Amendment. (Attachment Regulredl Exhibit C H-0499.2. HOUSE BILL 1481 1 2 3 4 5 6 7 8 9 10 11 12 13 State of Washington 61st Legislature 2009 Regular Session By Representatives Eddy, Crouse, McCoy, Haler, Carlyle, Armstrong, Hunt, White, Dunshee, Priest, Appleton, Orwall, Rolfes, Hudgins, Hinkle, Upthegrove, Clibborn, Morrell, Ormsby, Kenney, Maxwell, Dickerson, and Pedersen Read first time 01/21/09. Referred.to Committee on Technology, Energy & Communications. AN ACT Relating to electric vehicles; amending RCW 43.19.648 and 43.330.310; adding a new section to chapter 84.36 RCW; adding a new section to chapter 82.29A RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 79.13 RCW; adding new sections to chapter 43.19 RCW; adding a new section to chapter 35.92 RCW; °adding a new section to chapter 54.16 RCW; adding a new section to chapter 80.28 RCW; adding a new section to chapter 28C.18 RCW; adding new sections to chapter 43.21C RCW; adding new sections to chapter 19.27 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.63A RCW; adding a new chapter to Title 43 RCW; and providing expiration dates. 14. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 15 NEW SECTION. Sec. 1. The legislature finds the development of 16 electric vehicle infrastructure to be a critical step in creating jobs, 17 fostering economic growth, reducing greenhouse gas emissions, and 18 stemming the eff ects of climate change in Washington state. Limited 19 driving distance between battery charges is a fundamental disadvantage P. 1 HR 14 81 I and obstacle to broad consumer adoption of vehicles powered by 2 electricity. In order to eliminate this fundamental disadvantage and 3 dramatically increase consumer acceptance and usage of electric 4 vehicles, it. is essential that an infrastructure of convenient electric 5 vehicle charging opportunities be developed. The purpose of this act 6 is to encourage the transition to electric vehicle use and to expedite 7 the establishment of a convenient, cost--effective, electric vehicle 8 infras.tructur_e that such a transition necessitates. The state's 9 success in encouraging this transition will serve as an economic 10 stimulus to the creation of short--term and lone-term jobs as the entire 11 automobile industry and its associated direct and indirect jobs 12 transform over time from combustion to electric vehicles. 13 NEW SECTION. Sec. 2. A new section is added to chapter 84.36 RCW 14 to read as follows: 15 (1) The assessed value of any property for purposes of taxes 16 collected under chapters 84.5.2 and 84.55 RCVS must be determined without 17 regard. to any electric vehicle infrastructure that may be installed 18 thereon. 19 (2) The definitions in this subsection apply throughout this 20 section unless the context clearly requires otherwise. 21 (a) "Electric vehicle" means a passenger vehicle that uses 22 electricity as its.primary source of power, such as a plug--in electric 23 vehicle or plug-in hybrid electric vehicle, 24 (b) "Electric vehicle infrastructure" means structures, labor, 25 machinery, equipment, circuitry, and electrical appliances necessary to 26 support an electric vehicle, including battery recharging stations and 27 outlets and battery exchange stations. 28 NEW SECTION. Sea. 3. A new section is added to chapter 82.29A RCW 29 to read as follows: 30 (1) Leasehold excise tax may not be imposed on leases to tenants of 31 public lands for purposes of installing, maintaining, and operating 32 electric vehicle infrastructure. 33 (2) The definitions in this subsection apply throughout this 34 section unless the context clearly requires otherwise. 35 (a) "Electric vehicle" means a passenger vehicle that uses HB 1481 p. 2 I electricity as its primary source of power, such as a plug--in electric 2 vehicle or plug-in hybrid electric vehicle. 3 (b) "Electric vehicle infrastructure" means structures, labor, 4 Machinery, equipment, circuitry, and electrical appliances necessary to 5 support an electric vehicle., including battery recharging stations and 6 outlets and. battery exchange stations. 7 NEW SECTION. Sec. 4. A new section is. added to chapter 82.04 RCW 8 to read as follows: 9 (1) When the state and any local jurisdiction imposes a business 10 and occupation tax, there may be deducted from the basis of tax those 11 costs relating directly to the installation of .elec:tric vehicle 12 infrastructure incurred by businesses. The deduction may be taken 13 commencing in the year the costs are incurred and thereafter for each 14 of the following ten years, or until the deduction equals the amount of 15 such costs. 16 (2) The definitions in this subsection apply throughout this 17 section unless the context: clearly requires otherwise. 1.8 (a) "Electric vehicle" means a passenger vehicle that uses 19 electricity as its primary source of power, such as a plug-in electric 20 vehicle or plug-in. hybrid electric vehicle. 21 (b) "Electric vehicle infrastructure" means structures, labor, 22 machinery, equipment, circuitry, and electrical appliances necessary to 23 support an electric vehicle, including battery recharging stations and 24 outlets and battery exchange stations. 25 (3) This section expires December 31, 2019. 26 NEW SECTION. Sec. 5. A new section is added to chapter 82,08 RCW 2.7 to read as follows: 28 (1) The tax levied by RCW 82,08.020 does not apply to the sale of 29 electric vehicles or electric vehicle batteries or to the installation 30 of electric vehicle infrastructure and its installation. 31 (2) For the purposes of this section, "electric vehicle" means a 32 passenger vehicle that uses electricity as its primary source of power, 33 such as a plug-in electric vehicle or plug-in hybrid electric vehicle. 34 (3) For purposes of this section, "electric vehicle infrastructure" 35 means structures, labor, machinery, equipment, circuitry, and p. 3 HB 1481 I electrical appliances necessary to support an electric vehicle, 2 including battery recharging stations and outlets and battery exchange 3 stations. 4 (4) This section expires December 31, 2019. 5 NEW SECTION. Sec. 6. A new section is added to chapter 82.12 RCW 6 to read as follows: 7 (1) The provisions of this chapter ciao not apply with respect to the 8 use of electric vehicles or electric vehicle batteries or to the use of 9 electric vehicle infrastructure and its .installation. 10 (2) For the purposes of this section, "electric vehicle" means a 11 passenger vehicle that uses electricity as its primary source of power, 12 such as a plug--in electric vehicle or plug--iii hybrid electric vehicle. 13 (3) For purposes, of this section, "electric vehicle infrastructure" 14 means structures, labor, machinery, equipment, circuitry, and 15 electrical appliances necessary to support an electric vehicle, 16 including battery recharging stations and outlets and battery exchange 17 stations. 18 (4) This section expires December 31, 2019. 19 . NEW SECTION. Soo. A new section is added to chapter 82.14 RCW 20 to read as follows: 21 (1) The tax levied under the provisions of this chapter does not 22 apply to the sale of electric vehicles or electric vehicle batteries or 23 to the installation of electric vehicle infrastructure. 24 (2) For the purposes of this section, "electric vehicle" means a 25 passenger vehicle that uses electricity as its primary source of power, 26 such as a plug-in electric vehicle or plug--in hybrid electric vehicle. 27 (3) For purposes of this section, "electric vehicle infrastructure" 28 means structures, labor, machinery, equipment, circuitry, and 29 electrical appliances necessary to support an electric vehicle, 30 including battery recharging stations and outlets and battery exchange 31 stations. 32 (4) This section expires December 31, 2019. 33 NEW SECTION. Sec. 8. A new section is added to chapter 79.13 RCW 34 under the subchapter heading "general provisions" to read as follows: 35 (1) The state and any local government, including any housing fib 1481 p. 4 I authority, is authorized to lease land owned by such an entity to any 2 person for purposes of installing, maintaining, and operating an 3 electric vehicle charging facility or electric vehicle infrastructure, 4 for a term not in excess of fifty years, for rent of not less than one 5 dollar per year, and with such other terms as the public entity's 6 governing body determines in its sole discretion. 7 (2) The definitions in this subsection apply Lhro.ughout this 8 section unless the context clearly requires otherwise. 9 (a) "Electric vehicle" means a passenger vehicle that uses. 10 electricity as its primary source of power, such as a plug-in electric 11 vehicle or plug-in hybrid electric vehicle. 12 (b) "Electric vehicle infrastructure" means structures, labor, 13 machinery, equipment, circuitry, and electrical appliances necessary to 14 support an.electric vehicle, including battery recharging stations and 15 outlets and battery exchange stations. 16 Sec. 9. RCW 43.19.648 and 2007 c 30 s 202 are each amended to 17 read as follows: 18 (1) Effective June 1, 2015, all state agencies and local government 19 subdivisions of the state, to the extent determined practicable by the 20 rules adopted by the department of community, trade, and economic 21 development pursuant to RCW 43.325.080, are required to satisfy one 22 hundred percent of their fuel usage for operating publicly owned 23 vessels, vehicles, and construction equipment from electricity or 24 biofuel. 25 (2) In order to phase in this transition, all state agencies and 26 local. Governmental subdivisions of the state to the extent determined 27 practicable b the department of community, trade and economic 28. development by rules adopted pursuant _to _RCW 43.325.080, are required 29 to achieve fuel usage for operating publicly owned vessels vehicles 30 and construction equipment from electricity or biofuel in at least the 31 following staves; 32 (a) Ten percent by December 31, 2012; 33 b Twenty ercent b December 31 201.3 34 (c) Forty percent by December 31, 2014; 35 d Sixt ercent b December 31, 2015• and 36 (e) One hundred percent by December 31, 2016. P. 5 HB 1481 I _L3)_ Except for cars owned or operated by the Washington state 2 patrol, when tires on vehicles in the state's motor vehicle fleet are 3 replaced, they must be replaced with tires that have the same or better 4 rolling resistance.as the original tires. 5 NEW SECTION. Sec. 10. A new section is added to chapter 43.19 RCW 6 to read as follows: 7 (1) By December 31, 2015, the state must, to the extent -8 practicable, install charging outlets to the specifications dictated by 9 the governing standards bodies capable of charging a fleet of all 10 electric vehicles in each of the state's fleet parking and maintenance 11 facilities. 12 (2) By December 31, 2015, the state must to the extent 13 practicable, install charging outlets capable of charging electric 14 vehicles in each state-owned highway rest stop. 15 (3) By December 31, 2015, the state must install or lease space for 16 the installation of a battery exchange station capable. of exchanging 17 and recharging removable battery sets for use in all electric vehicles 18 in appropriate state-owned highway rest stops.. 19 (4) Electric vehicle charging outlets and infrastructure must 20 conform to rules adopted under section 24 of this act. 21 (5) for the purposes of this section, "electric vehicle" means a 22 passenger vehicle that uses electricity as its primary source of power, 23 such as a plug-in electric vehicle or plug--in hybrid electric vehicle. 24 NEW SECTION. Sea. 11. A new section is added to chapter 35.92 RCW 25 to read as follows. 26 (1) Municipal utilities u nder this chapter are encouraged to secure 27 the environmental benefits of all electric vehicle use by utilizing all 28 electric vehicles for their own vehicle fleets and by promoting the use 29 of all electric vehicles by others to take advantage of the 30 opportunities that. electric vehicle use has for effectively storing 31 intermittent generation of electricity by renewable generating 32 resources, such as solar and wind, and for shafting recharge demands to 33 off-peak periods. 34 (2) For the purposes of this section, "electric vehicle" means a 35 passenger vehicle that uses electricity as its primary source of power, 36 such as a plug-in electric vehicle or plug-in hybrid electric vehicle. HB 1481 p. 6 1 NEW SECTION. Sec. 12, A now section is added to chapter 54.16 RCW 2 to read as follows 3 (1) Public utility districts under this chapter are encouraged to 4 secure the environmental benefits of all electric vehicle use by 5 utilizing all electric vehicles for their own vehicle fleets and by 6 promoting the use of all electric vehicles by others to take advantage 7 of the opportunities that electric vehicle use has for effectively 8 storing intermittent generation of electricity by renewable generating 9 resources, such as solar and wind, and for shifting recharge demands to 10 off-peak periods. 11 (2) For the purposes of this section, "electric vehicle" means a 12 passenger vehicle that uses. electricity as its primary source of power, 13 such as a plug--in electric vehicle or plug-in hybrid electric vehicle. 14 NEW SECTION. Sec. 13. A new section is added to chapter 80.28 RCW 15 to read as follows: 16 (1) Investor--owned electric utilities under this chapter are 17 encouraged to secure the environmental benefits of all electric vehicle 18 use by utilizing all electric vehicles.for their own.vehicle fleets and 19 by promoting the use of all electric vehicles by others to take 20 advantage of battery recharge electric use and the opportunities that 21 electric vehicle use has for effectively storing intermittent 22 generation of electricity by renewable generating resources, such as 23 solar and wind, and for use of off-peak poorer, 24 (2) For the purposes of this section, "electric vehicle" means a 25 passenger vehicle that is a plug-in electric vehicle or plug-in hybrid 26 vehicle, 27 NEW SECTION. Sec. 19. A new section is added to chapter 28C.18 28 RCW to read as follows:- 29 The board shall: 30 (1) Facilitate collaboration among stakeholders to develop the 31 workforce needed to transform and support an electrified transportation 32 network and vehicle fleet; 33 (2) In collaboration with stakeholders, establish and maintain a 34 state strategic plan for ensuring an adequate supply of workers to 35 transform and support an electrified transportation network and vehicle 36 fleet in Washington state; and p. 7 HB 1481 1 (3) Report to 'the governor and legislature by December 31, 2010, 2 and annually thereafter, on progress on the. state plan and make 3 additional recommendations as necessary. 4 Sec. 15. RCW 43.330.310 and 200B c 14 s 9 are each amended to read 5 as follows 6 (1) The legislature establishes a comprehensive green economy jobs 7 growth initiative based on the goal of, by 2020, increasing the number 8 of green economy jobs to twenty--five thousand from the eight thousand 9 lour hundred green economy jobs the state had in 2004. 10 (2) The department, in consultation with the employment security 11 department, the state workforce training and education coordinating 12 board, the state board ((of for community and technical 13 colleges, and the higher education.coordinating board, shall develop a 14 defined list of terms, consistent with current workforce and economic 15. development terms, associated with green economy industries and jobs. 16 (3)(a) The employment security department, in consultation with the 17 department, the state workforce training and education coordinating 18 board, the state board for community and technical colleges, the higher 19 education coordinating board, Washington State University small 20 business development center, and the Washington State University 21 extension energy program, shall conduct labor market research to 22 analyze the current labor market and projected job growth in the green 23 economy, the current and projected recruitment and skill requirement of 24 green.economy industry employers, the wage and benefits ranges of jobs 25 within green economy industries, and the education and training 26 requirements of entry--level and incumbent workers in those industries. 27 (b) The University of Washington business and economic development 28 center shall: Analyze the current opportunities for and participation 29 in the green economy by minority and women--owned business enterprises 30 in Washington; identify existing barriers to their successful 31 participation in the green economy; and develop strategies with 32 specific policy recommendations to improve their successful 33 participation in the green economy. The research may be informed by 34 the research of the Puget Sound regional council prosperity 35 partnership, as well as other entities. The University of Washington 36 business and economic development center shall report to the HB 1481 p. 8 I appropriate committees of the house of representatives and the senate 2 on their research, analysis, and recommendations by December 1, 2008. 3 (4) Based on the findings from subsection (3) of this section, the 4 employment security department, in consultation with the department and 5 taking into account the requirements and goals of chapter: 14, Laws of 6 2008 and other state clean energy and energy efficiency policies, shall 7 propose which industries will be considered high--demand green 8 industries, based on current and projected job creation and their 9 strategic importance to the development of the state's green economy. 10 The employment security department and the department shall take into 11 account which jobs within green economy industries will be considered 12 high-wage occupations and occupations that are part of career pathways 13 to the. same, based on family-sustaining wage and benefits ranges. 14 These designations, and the. results of the employment security 15 department's broader labor market research, shall inform the planning 16 and strategic direction of the department, the state workforce training 17 and education coordinating board, the state board for community and 18 technical colleges, and the higher education coordinating board. 19 (5) The department shall identify emerging technologies and 20 innovations that are likely to contribute to advancements in the green 21 economy, including the activities in designated innovation partnership 22 zones established in RCW 43.330.270. 23 (6) The department, consistent with the priorities established by 24 the state economic development com Uss.ion, shall; 25 (a) Develop targeting criteria for existing investments, and make 26 recommendations for new or expanded financial incentives and 27 comprehensive strategies, to recruit, retain, and expand green economy 28 industries and small businesses; and 29 (b) Make recommendations for new or expanded financial incentives 30 and comprehensive strategies to stimulate research and development of 31 green technology and innovation, including designating innovation 32 partnership zones linked to the green economy; 33 For the purposes of this section, "target populations" means 34 (a) entry-level or incumbent workers in high--demand green industries 35 who are in, or are preparing for, high--wage occupations; (b) dislocated 36 workers in declining industries who may be retrained for high--wage 37 occupations in high-demand green industries; (c) dislocated 38 agriculture, timber, or energy sector workers who may be retrained for p. 9 HB 1481 1 high-wage occupations in high-demand green. industries; (d) eligible 2 veterans or national guard members; (e) disadvantaged populations; or 3 (f) anyone eligible to participate in the state opportunity grant 4 program under RCW.28B.50.271. 5 (8) The legislature directs the state workforce training and 5 education coordinating board to create and pilot green industry skill 7 panels. These panels shall consist of business representatives from 8 industry sectors related to clean energy, labor unions representing 9 workers in those industries or labor affiliates administering state- 10 approved, joint apprenticeship programs or labor--management partnership 11 programs that train workers for these industries, state and local 12 veterans agencies, employer associations, educational institutions, and 13 local workforce development councils within the region that the panels 14 propose to operate, and other key stakeholders as determined by the 15 applicant. Any of these stakeholder organizations are eligible to 16 receive grants under this section and serve as the intermediary that 17 convenes and leads the panel. Panel applicants must provide labor 18 market and industry analysis that demonstrates high demand, or demand 19 of strategic importance to the development of the state's clean energy 20 economy as identified in this section, for high-wage occupations, or 21occupations that are part of career pathways to the same, within the 22 relevant industry sector. The panel shall: 23 (a) Conduct labor market and industry analyses, in consultation 24 with the employment security department, and drawing on the findings of 25 its research when available; 26 (b) Plan strategies to meet the recruitment and training needs of 27 the industry and. small businesses; and 28 (c) Leverage and align other public and private funding sources. 29 (9) The green industries jobs training account is created in the 30 state treasury. Moneys from the account must be utilized to supplement 31 the state opportunity grant program established under RCW 28B.50.271. 32 All receipts from appropriations directed to the account must be 33 deposited into the account. Expenditures from the account may be used 34 only for the activities identified in this subsection. The state board 35 for community and technical colleges, in consultation with the state 36 workforce training and education coordinating board, informed by the 37 research of the employment security department and the strategies HB 1481 p. 10 1 developed in this section, may authorize expenditures from the account. 2 The state board for community and technical colleges must distribute 3 grants from the account on a competitive. basis. 4 (a) (i) Allowable uses of these grant funds, which should be used 5 when other public or private funds are insufficient or unavailable, may 6 include: 7 (A) Curriculum development; 8 (g) Transitional jobs strategies for dislocated workers in. 9 declining industries who may be retrained for high--wage occupations in 10 green industries; 11 (C) Workforce education to target populations; and 12 (D) Adult basic and remedial education' as necessary linked to 13 occupation skills training. 14 (ii) Allowable. uses of these grant funds do not include student 15 assistance and support services available through the state opportunity 16 grant program under RCW 28B.50.271. 17 (b) Applicants eligible to receive these grants may be any 18 organization or a partnership of organizations that has demonstrated 19 expertise in: 20 (i) implementing effective education and training programs that 21 meet industry demand; and 22 (ii) Recruiting and supporting, to successful completion of those 23 training programs carried out under these grants, the target 24 populations of workers. 25 (c) in awarding grants from the green industries jobs training 26 account, the state board for community and technical: colleges shall 27 give priority to applicants that demonstrate the ability to: 28 (i) Use labor market and industry analysis developed by the 29 employment security department and green industry skill panels in the 30 design and delivery of the relevant education and training program, and 31 otherwise utilize strategies developed by green industry ((ek lls 32 r T)) skill panels; 33 (ii) Leverage and align existing public programs and resources and 34 private resources toward the goal of recruiting, supporting, educating, 35 and training target populations of workers; 36 (iii) Work collaboratively with other relevant stakeholders in the 37 regional economy; P. 11 RB 1481 I (iv) Link adult basic and remedial education, where necessary, with 2 occupation skills training; 3 (v) Involve employers and, where applicable, labor unions in the 4 determination of relevant skills and competencies and, where relevant, 5 the validation of career pathways; and 6 (vi) Ensure that supportive services, where necessary, are 7 integrated with education and training and are delivered by 8. organizations with direct access to and experience with the targeted 9 population of workers. 10 10 Jobs created as a result of the need to transition to and 11 support an electrified transportation network and vehicle fleet tindery 12 this act..-are green economy jobs for the purposes of this section. 13 NEW SECTION, Sec. 16. (1) The state preempts the regulation of 14 electric vehicle infrastructure except as specified in section 21 of 15 this act, provided that local jurisdictions retain their traditional 16 regulatory permitting authority for administrative permit issuance, 17 such as electrical and building permits. The proprietary interests of 18 a local or state authority are not affected by this provision. 19 (2) The definitions in this subsection apply throughout this 20 section unless the context clearly requires.otherwise. 21 (a) "Electric vehicle" means a passenger vehicle that uses 22 electricity as its primary source of power, such as a plug-in electric 23 vehicle or plug-in hybrid electric vehicle. 24 (b) "Electric vehicle infrastructure" means structures, labor, 25 machinery, equipment, circuitry, and electrical appliances necessary to 26 support an electric vehicle, including battery recharging stations and 27 outlets and battery exchange stations. 28 NEW SECTION. Sec. 17. (1) Counties with a population over five 29 hundred thousand mist create an implementation schedule for local 30 jurisdictions, with a goal to have the county's private and public 31 parking spaces electric vehicle ready in at least the follOV7ing stages; 32 (a) Two percent by December 31, 2013; 33 (b) five percent by December 31, 2015; and. 34 (c) Ten percent by December 31, 2018, 35 (2) For the purposes of this section, "electric vehicle" means a HB 1481 p. 12 I passenger vehicle that uses electricity as its primary source of power, 2 such as a plug-in electric vehicle or plug-in hybrid electric vehicle. 3 NEW SECTION. See. 1$. A, new section is added to chapter 43.210 4 RCW to read as follows: 5 (1) The siting, permitting, and installation of electric vehicle 6 infrastructure are not subject to the requirements of RCW 7 43.21C.030(2)(c) except,as indicated in subsection (2) of this section. 8 (2) The. siting, permitting, and construction of electric vehicle 9 battery exchange stations are not subject to the requirements of RCW 10 43.21C.030(2)(c) except to the extent that: 11 (a) The use or construction exceeds the maximum levels specified in 12 WAC 197--11--800 (i) (c) ; or 13 (b) The use is in or over water or other critical areas. 14 (3) All state, regional, and local governmental entities, including 15 housing authorities, may use an environmental impact statement adopted 16 under section 22 of this act as an existing environmental document in 17 accordance with the provisions of RCW 4.3.210.034. 18 (4) The definitions in this subsection apply throughout this 19 section unless the context clearly requires otherwise. 20 (a) "Electric vehicle" means a passenger vehicle that uses 21 electricity as its primary source of power, such as a plug--in electric 22 vehicle or plug-in hybrid electric vehicle. 23 (b) "Electric vehicle infrastructure" means structures, labor, 24 machinery, equipment, circuitry, and electrical. appliances necessary to 25 support an electric vehicle, including battery recharging stations and 26 outlets and battery exchange stations. 27 NEW SECTION. Sec. 19. A new section is added to chapter 43.19 RCW 28 to read as follows: 29 (1) All new state, regional, and local government and housing 30 authority construction, including construction of buildings to be 31 leased in whole or in part to a governmental entity, must to the extent 32 practicable include electric vehicle infrastructure in publicly 33 available parking and in, government fleet vehicle parking. This 34 includes park and ride facilities. The department of general 35 administration, in conjunction with the department'of community, trade, 36 and economic development shall adopt required ratios of charge spots to p. 13 HS 1481 I parking based on the type of facility or building. These parking 2 spaces must be reserved for and exclusively used by electric vehicles. 3 New public universities and colleges, commercial passenger airports, 4 park and rides, ferry terminals, and any government agency site 5 associated with four hundred or more parking spaces must provide space 6 for an exchange station. 7 (2) (a) Governmental entities operating existing park and ride and 8 off-street parking facilities in counties with a population over five 9 hundred thousand shall to the extent practicable arrange for parking 10 spaces to be electric vehicle ready in at least the following stages 11 (i) Two percent by December 31, 2013; 12 (ii) Five percent by December 31, 2015,_and 13 (iii) Ten percent by December 31, 2018. 14 (b) Installation costs must to the extent practicable be paid by 15 electric vehicle system operators or by the infrastructure owner. 16 (3) All state, regional, and local governmental entities in 17 counties with a population over five hundred thousand shall to the 18 extent practicable arrange fox installation of electric vehicle 19 infrastructure at ex-isting government facilities. Governmental. 20 entities shall require property owners to allow for electric vehicle 21 infrastructure retrofitting when the entity is leasing existing 22 facilities. The department of general administration, in conjunction 23 with the department of community, trade, and economic development shall. 24 adopt required ratios of charge spots to parking based on the type of 25 facility or building. Existing public universities and colleges, 26 commercial passenger airports, park and rides, ferry terminals, and any 27 government agency site associated with four hundred or more parking 28 spaces must provide space for an exchange station. 29 (4) The state department of.transportation shall allow construction 30 of large electric vehicle infrastructure, such as exchange and quick 31 charging stations in or adjacent to appropriate state highway rest 32 stops and weigh stations. Construction costs of exchange and quick 33 charging stations must be borne by an electric vehicle system operator 34 or the infrastructure owner. 35 (5) Local jurisdictions shall allow to the extent practicable an 36 electric vehicle system operator or the infrastructure owner to install 3.7 battery recharging stations or outlets in garages, on public streets, HB 1481. P. 14 I on public sidewalks, and in on-site parking associated with municipal 2 buildings, 3 (6) The definitions in this subsection apply throughout this 4 section unless the context clearly requires otherwise. 5 (a) "Electric vehicle" means a passenger vehicle that uses 6 electricity as its primary source of power, such as a plug--in electric 7 vehicle or plug-in hybrid electric vehicle, 8 (b) "Electric vehicle infrastructure" means structures, labor, 9 Machinery, equipment, circuitry, and electrical appliances necessary tc 10 support an electric vehicle, including battery recharging stations and 11 outlets and battery exchange stations. 12 (c) "Electric vehicle system operator" means the entity controlling 13 the electric vehicle infrastructure. 14 NEW SUTTON. Secc.. 20. A new section is. added to chapter 19.27 RCVS 15 to read as follows: 16 (1) Consistent with rules adopted under section 24 of this act, all 17 new parking garages; parking lots, retail over twelve thousand square 18 feet, office buildings, multifamily housing, and single-family homes 19 must be constructed with the electric circuitry required to support 20 electric vehicle charging infrastructure for every parking space. 21 (2) Consistent with rules adopted under section 24 of this act, 22 additions or alterations above four thousand square feet to existing 23 retail space greater than twelve thousand square feet,. or office 24 buildings, and addition of one or more units or alteration of more than 25 twenty-five percent of existing space in multifamily housing requires 26 retrofitting of the structure to include the electric circuitry 27 required to support electric vehicle infrastructure in a proportional 28 manner based on the ratio of associated parking to square footage. For 29 example, an alteration of fifty percent of square footage requires the 30 retrofitting of fifty percent of the structure's associated parking 31 spaces. Calculation of the number of parking spaces to be retrofitted 32 must be rounded up to the nearest whole number. 33 (3) Electric vehicle charging infrastructure must conform to rules 34 adopted under section 24 of this act. 35 (4) The definitions in this subsection apply throughout this 36 section unless the context clearly requires otherwise. P. 15 HB 1481 I (a) "Electric vehicle" means a passenger vehicle that uses 2 electricity as its primary source of power, such as a plug--in electric 3 vehicle or plug-in hybrid electric vehicle. 4. (b) "Electric vehicle infrastructure" means structures, labor, 5 machinery, equipment, circuitry, and electrical appliances necessary to 6 support an electric vehicle, including battery recharging stations and 7 outlets and battery exchange stations. 8 (c) "Electric vehicle system operator" means the entity controlling 9 the electric vehicle infrastructure. 10 NEW SECTION. Sea. 21. A new section is added to chapter 36.70A 11 RCW to read as follows: 12 (1) Local jurisdictions in counties with population greater than 13 five hundred thousand must require as a condition of development that 14 all proposed new commercial and multifamily development with adjacent 15 on-street parking install appropriate circuitry to support electric 16 vehicle infrastructure in all adjacent spots and active charge spots in 17 ten percent of adjacent parking spaces that are directly related to the 18 vehicular transportation needs generated by the proposed development. 19 (2) Local jurisdictions in counties with population greater than 20 five hundred thousand must require as a condition of development that 21 all additions to commercial and multifamily development above four 22 thousand square feet with adjacent on-street parking install 23- appropriate circuitry to support electric vehicle infrastructure in all 24 adjacent spots and active charge spots in ten percent of adjacent 25 parking spaces that are directly related to the vehicular 26 transportation needs generated by the proposed development. 27 (3) By June 1, 2010, local jurisdictions in counties with 28 population greater than five hundred thousand shall allow battery 29 recharging stations as a permitted use and battery exchange stations as 30 a permitted use in all mixed-use and nonresidential zones. County or 31 city amendments of development regulations or comprehensive plans to 32 comply with this subsection are not subject to appeal by petition to 33 the growth management hearings board and are not subject to the 34 requirements of RCW 43.21C.030(2)(c). 35 (4) Local jurisdictions are authorized to adopt incentive systems 36 to encourage the retrofitting of existing structures with the electric 37 circuitry required to support electric vehicle charging infrastructure, HB 1481 p. 16 I Incentives may include transferable. development rights for use in urban 2 growth areas. Any incentive program under this section must be 3 approved by the department of community, trade, and economic 4 development Incentives may not be granted under this section after 5 December 31, 2020, but a local.. jurisdiction's incentive program may 6. allow for a validly granted incentive to be exercised after December 7 31, 2020. 8 (5) The definitions in this subsection apply throughout this 9 section unless the context clearly requires otherwise. 10 (a) "Electric vehicle" means a passenger vehicle that uses 11 electricity as its primary source of power, such as a plug-in electric 12 vehicle or plug-in hybrid electric vehicle. 13 (b) "Electric vehicle infrastructure" means structures, labor, 14 machinery, equipment, circuitry, and electrical appliances necessary to 15 support an electric vehicle, including battery recharging stations and 16 outlets and battery exchange stations: 17 NEW SECTION. Sec. 22. A new section is added to chapter 43.210 18 RCW to read as follows 19 (1) Vocal jurisdictions in counties with population greater than 20 five hundred thousand must require as a condition of development that 21 all proposed new commercial and multifamily development with adjacent 22 on-street parking install appropriate circuitry to support electric 23 vehicle infrastructure in all adjacent spots and active charge spots in 24 ten percent of adjacent parking spaces that are directly related to the 25 vehicular transportation needs generated by the proposed development. 26 (2) Local jurisdictions. in counties with population greater than 27 five hundred thousand must require as a condition of development that 28 all additions to commercial and multifamily development above four 29 thousand square feet with adjacent on-street parking install 3.0 appropriate circuitry to support electric vehicle infrastructure in all 31 adjacent spots and active charge spots in ten percent of adjacent 32 parking spaces that are directly related to the vehicular 33 transportation needs generated by the proposed development. 34 (3) By June 1, 2010, local jurisdictions in counties with 35 population greaten than five hundred. thousand shall allow. battery 36 recharging stations as a permitted use and battery exchange stations as 37 a permitted use in all mixed--use and nonresidential zones. County or p. 17 HB 1481. I city amendments of development regulations or. comprehensive plans to 2 comply with this subsection are not subject to appeal by petition to 3 the growth management hearings board and are not subject to the 4 requirements of RCW 43.21C.030(2)(c). 5 (4) Local jurisdictions are authorized to adopt incentive systems 6 to encourage the retrofitting of existing structures with the electric 7 circuitry required to support electric vehicle charging infrastructure. 8 Incentives may include transferable development rights for use in urban 9 growth areas. Any incentive program under this section must be 10 approved by the department of community, trade, and economic 11 development. Incentives may not be granted under this section after 12 December •31, 2020, but a local jurisdiction's incentive program may 13 allow for a validly granted incentive to be exercised after December 14 31, 2020. .15 (5) The definitions in this subsection apply throughout this 16 section unless the context clearly requires otherwise. 17 (a) "Electric vehicle" means a passenger vehicle that uses 18 electricity as its primary source of poorer, such as a plug-in electric 19 vehicle or plug--in hybrid electric vehicle. 20 (b) "Electric vehicle infrastructure" means structures, labor, 21 machinery, equipment, circuitry, and electrical appliances necessary to 22 support an electric vehicle, including battery recharging stations and 23 outlets and battery exchange stations. 24 NEW SECTION. Sec. 23. A new section is added to chapter 43,63A 25 RCW to read as follows 26 (1) The department of community, trade, and economic development 27 shall provide technical assistance to local governments in integrating 28 the provisions of this act into their existing zoning codes and other. 29 development regulations. 30 (2) By December 31, 2009, the department of community, trade, and 31 economic development, pursuant to RCW 43.210.030(2)(c), shall complete 32 a nonproject environmental impact statement addressing the impacts of 33 electric vehicle infrastructure that may be used by state agencies and 34 local governments, including housing authorities, in permitting, 35 installing, contracting for, or otherwise authorizing electric vehicle 36 infrastructure. This nonproject environmental impact statement is not 37 subject to legal challenge, administrative appeals, or judicial review. HB 1481 p. 18 1 (3) The department of community, trade, and economic. development 2 shall provide assistance to local jurisdictions in developing 3 incentives for retrofitting existing structures with the electric 4 circuitry required to support electric vehicle infrastructure as 5 authorized in this act. 6 (4) The definitions in this subsection apply throughout this 7 section unless the context clearly requires otherwise. 8 (a) "electric vehicle" means a passenger vehicle that uses 9 electricity as its primary source of power, such as a plug-in electric 10 vehicle or plug-in.hybrid electric vehicle. 11 (b) "Electric vehicle infrastructure" means structures, labor, 12 machinery, equipment, circuitry, and electrical appliances necessary to 13 support.an electric vehicle, including battery recharging stations and 14 outlets and.battery exchange stations. 15 NEW SECTION. Sac. 24. A new section is added to chapter 19.27 RCW 16 to read as follows: 17 (1) The state building code council shall adopt rules for electric 18 vehicle infrastructure. Rules adopted by the council must consider 19 applicable national and international standards. 20 (2) The definitions in this subsection apply throughout this 21 section unless the context clearly requires otherwise, 22 (a) "Electric vehicle" means a passenger vehicle 'that uses 23 electricity as its primary source of power, such as a plug-in electric 24 vehicle or plug-in hybrid electric vehicle. 25 (b) "Electric vehicle .infrastructure" means structures, labor, 26 machinery, equipment, circuitry, and electrical appliances necessary to 27 support an electric vehicle, including battery recharging stations and 28 outlets and battery exchange stations. 29 NEVI SECTION. Sec. 25. Sections 1, 16, and 17 of this act 30 constitute a new chapter in Title 43 RCW. p. 19 HB 1481