Legislative Matter

Miami-Dade Legislative Item
File Number: 190516

Printable PDF Format

Legislative Analysis

File Number: 190516

File Type: Ordinance

Status: Amended

Version: 0

Reference:

Control: Board of County Commissioners

File Name: ELECTRIC VEHICLE INFRASTRUCTURE REQUIREMENTS

Introduced: 2/22/2019

Requester: NONE

Cost:

Final Action:

Agenda Date: 3/5/2019

Agenda Item Number: 7A

Notes:

SEE 190662 FOR FINAL VERSION AS ADOPTED. ALSO SEE 190029.

Title:

ORDINANCE RELATING TO ZONING; CREATING SECTIONS 33-122.5 AND 30-423 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING OFF-STREET PARKING REQUIREMENTS FOR ELECTRIC VEHICLES; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR MISUSE OF PARKING SPACES DESIGNATED FOR ELECTRIC VEHICLE CHARGING; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO CONDUCT A STUDY AND PREPARE A REPORT REGARDING THE APPROPRIATE PERCENTAGE OF REQUIRED OFF-STREET ELECTRIC VEHICLE PARKING SPACES, TAKING INTO CONSIDERATION FACTORS SUCH AS EVOLVING NEED AND DEMAND; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 190029]

Indexes:

ELECTRIC VEHICLES

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Eileen Higgins, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/5/2019	7A	Amended
REPORT:	See Agenda Item 7A Amended, Legislative File No. 190662 for the amended version.

County Attorney	2/22/2019		Assigned	James Eddie Kirtley		2/25/2019

Transportation and Finance Committee	2/13/2019	1G2 Amended	Forwarded to BCC with a favorable recommendation with committee amendments following public hearing				P
REPORT:	Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing proposed ordinance. Chairman Bovo opened the public hearing, and the following persons appeared before the Committee in support of the foregoing ordinance: - Ms. Truly Burton, 111 N.W. 183 Street, Miami Gardens, Florida 33169, spoke on behalf of the Builders Association of South Florida, and noted this ordinance was foresighted. Ms. Burton mentioned two (2) important issues should be noted like the builder or garage owner should be allowed to use the electric vehicle (EV) charging stations for two (2) to three (3) hours a day and that the committee consider extending the effective date to ninety (90) days after its enactment to provide sufficient time to disseminate the information to her organization members. - Mr. Michael Gibaldi, 4780 Pine Tree Drive, Miami Beach, Florida 33140 advised he supported this ordinance since carbon dioxide (CO2) emissions caused the acceleration of sea level rise and to save his property since he was resident of Miami Beach. He also asked that the movement of installing EV charging stations be advanced. - Mr. Alejandro Burgana, 7703 S.W. 193 Street, Cutler Bay, Florida 33157 spoke as a concerned citizen and business owner dedicated to the expansion of EV charging stations. He explained the importance of expanding EV charging stations in order to cover demand and his work with the Miami Parking Authority (MPA) and City of Miami in the installation of EV charging stations at locations such as the Marlins Stadium, the Courthouse, and the Wolfson Campus of Miami-Dade College (MDC), at no cost to the MPA or the City of Miami. He also noted it was important to enforce misuse of EV charging stations and fine violators. There being no other members of the public wishing to speak, Chairman Bovo closed the public hearing. Pursuant to Commissioner Levine Cava’s request, Assistant County Attorney James E. Kirtley Jr., announced this ordinance should be amended as follows: 1) On handwritten page 8, the word “minimum” shall be added to the headings in the table to indicate that the number of required EVSE-Ready Spaces is a minimum standard and may be exceeded. 2) On handwritten page 10, a new Section 4 shall be added to state that the provisions of the ordinance shall not take effect until 90 days from the effective date of the item, and the remaining numbered Sections on that page shall be renumbered accordingly. Commissioner Levine Cava thanked the Regulatory and Economic Resources (RER) Department and all those who had provided helpful feedback and participated in the development of this ordinance to have their concerns incorporated. She stated the ordinance would require all future developments with on-site parking to have the infrastructure in place for at least ten percent (10%) of the parking spaces to be capable of providing EV charging stations. Commissioner Levine Cava pointed out that it was clear this industry was one of the fastest growing segments of the market, but one of the limiting factors for its implementation was the inadequate and insufficient charging capacity in multi-family residential and commercial buildings. She also noted this market will realize real growth in the future as manufacturers launched new EV models, more affordable models were made available, and infrastructure was in place to accommodate the growing demand. She commented on the manufacturers’ intent to grow this industry and make the vehicles more accessible and affordable to more people. Commissioner Heyman suggested the requirements for new constructions should include garages and other similar sites. She expressed concern for the ordinance’s implementation date of ninety (90) days after its enactment, which was before the requested study was completed. She advised she would love to have this idea implemented, and the number of spaces should be adjusted based on the public’s feedback after its implementation. Pursuant to Commissioner Levine Cava’s questions, Mr. Nathan Kogon, Assistant Director of Community Development Services, RER, explained off-street parking referred to all parking on private property regardless whether it was in a garage or on a surface; therefore, this was applicable to garages. He explained the findings of national research on this topic and the rationale for the requirements being established through this ordinance. Commissioner Heyman suggested this ordinance should be effectuated, but information should continue to be gathered in order for the next legislative body to be able to make adjustments accordingly. Ms. Burton clarified her organization had suggested that idea, and the ordinance’s intent was to have the EV idea implemented to be able to pre-wire the charging parking spaces now. She further explained the requested study would review future demand in order to adjust the number of parking spaces accordingly. Discussion ensued between Commissioner Heyman and Ms. Burton about the length of the study and its timeliness in comparison to the enactment date. Commissioner Jordan expressed her agreement with Commissioner Heyman’s concerns and suggested it could be easily accomplished in this legislation by requiring a study be prepared every six months to bring recommendations back before this Committee in order to be able to make necessary adjustments if needed or to allow for administrative adjustments if that was the preference. Commissioner Higgins concurred with Commissioner Heyman on the timeframe of the required study because the information could be obtained on an ongoing basis. However, she supported the ordinance regardless. She mentioned it was exciting to have our zoning Code updated since the County had local leader companies in EV charging stations, and these companies always had to do their business outside of Miami-Dade County. She noted the County would also realize increased growth. Pursuant to Chairman Bovo’s question about whether the County had an accurate estimated number of EVs in operation, Mr. Kogon advised it was about one percent (1%); but he would provide him with the exact corresponding number of vehicles to that percentage at a later time. Pursuant to Chairman Bovo’s questions regarding the private sector’s market reaction to that percentage, Mr. Kogon advised he was unable to determine where it was being done; but he had seen its implementation in commercial buildings. He stated he was currently unaware if it was being done in residential properties, but he would check with the Building Section of RER to see if permits were being requested. Mr. Kogon clarified this ordinance would not force the implementation of EV charging spaces; and it only required EV-Ready charging spaces rather than EV charging spaces, meaning it only required installation of the infrastructure to reduce the implementation costs associated with that infrastructure since it had been determined it was much more expensive to retrofit than to provide the electrical conduit. He noted it was applicable to all of unincorporated Miami-Dade County. Chairman Bovo asked Mr. Kogon to provide him with a total cost estimate to the County for the installation of EV charging stations in County facilities before the second reading of this ordinance. In regards to Chairman Bovo’s inquiry relating to whether it was applicable to a shopping center that was restriping their parking lots, Mr. Kogon clarified this would only apply to new developments. In regards to Chairman Bovo’s inquiry about the current number of electric vehicles in Miami-Dade County and where these vehicles were charging, Mr. Alejandro Burgana, owner of Brickell Energy, disclosed there were a total of 29,000 electric vehicles in the State of Florida; and Miami-Dade County had between 7000 to 9000 electric vehicles. He stated these vehicles were charging in residential single family homes, multi-family buildings, and work places. Mr. Burgana explained the current demand for these type of vehicles and how much the industry was expanding, noting these vehicles were consumer demand driven. Discussion ensued between Chairman Bovo and Mr. Burgana regarding the need to establish this ordinance to accommodate this fast growing industry, the need to upgrade the County’s electrical capacity to meet the increased demand, and how other cities were already making the necessary legislative changes to require the proper electrical upgrades to incorporate charging stations for electric vehicles. Pursuant to Chairman Bovo’s question, Deputy Mayor Alina Hudak stated there was no fiscal impact to Miami-Dade County. Commissioner Heyman suggested a timely report be prepared so that adjustments and/or good business decisions could be made based on the findings of an assessment rather than imposing requirements on private industry. She noted the report should include information on the number of existing structures that would not install charging stations to help meet the demand Chairman Bovo asked Deputy Mayor Alina Hudak to provide him with information regarding whether the County was upgrading its facilities and installing charging stations. He also asked for more information on what was happening in the marketplace in regards to this issue to incorporate that information as a guide in discussions. In response to Commissioner Higgins’ inquiry regarding whether the EVSE-Ready Spaces requirements applied to all of the Rapid Transit Zones (RTZs) in the County or just to unincorporated Miami Dade County, Mr. Kogon confirmed this applied to RTZs. Commissioner Levine Cava stated Ms. Burton and the industry was opened to this idea and every indication showed the industry was moving towards EVs. She also mentioned the Internal Services Department (ISD) was already overseeing the requirements and the sustainability standards in County facilities where these charging stations were being installed. She noted some of the County facilities already had charging stations, and she would welcome from her colleagues any recommendations on Section 3 regarding ways to streamline that report to be able to allow for feedback and make adjustments appropriately. Mr. Michael Gibaldi noted the County already was spending money trying to find ways to make the County resilient and reduce CO2 in the environment, and this was a giant step in front of that. In addition to the proposed study and report outlined in Section 3 of the foregoing proposed ordinance, Commissioner Jordan offered an amendment to require a report be prepared every six months and presented before this Committee providing updated information to determine if adjustments were needed. Commissioner Levine Cava stated that she did not wished the proffered amendment to substitute Section 3 since the study had been derived from conversations held with the industry, but she would accept requesting an informational report every six (6) months. Hearing no other questions or comments, the member of the Transportation and Finance Committee proceeded to vote on the foregoing proposed ordinance.

Legislative Text

TITLE
ORDINANCE RELATING TO ZONING; CREATING SECTIONS 33-122.5 AND 30-423 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING OFF-STREET PARKING REQUIREMENTS FOR ELECTRIC VEHICLES; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR MISUSE OF PARKING SPACES DESIGNATED FOR ELECTRIC VEHICLE CHARGING; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONDUCT A STUDY AND PREPARE A REPORT REGARDING THE APPROPRIATE PERCENTAGE OF REQUIRED OFF-STREET ELECTRIC VEHICLE PARKING SPACES, TAKING INTO CONSIDERATION FACTORS SUCH AS EVOLVING NEED AND DEMAND; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 190029]

BODY
WHEREAS, the benefits of electric vehicles include improved air quality, reduction of carbon emissions, quieter and more livable streets, and decreased dependency on fossil fuels; and
WHEREAS, Florida ranks within the top five states nationally for sales of both electric vehicles and hybrid vehicles; and
WHEREAS, per statistics from the United States Department of Transportation Federal Highway Administration, Floridians drive an average of 26 miles per day, per capita; and
WHEREAS, for most electric vehicles, an overnight charge offers a minimum range of 40 to 50 miles, thus providing drivers with sufficient charge for daily use; and
WHEREAS, automakers are investing over $90 billion in the development of electric and hybrid models to be released within the next five years; and
WHEREAS, in 2017, General Motors announced an all-electric path to zero emissions with the introduction of at least 20 new all-electric vehicles that will launch by 2023; and
WHEREAS, in early 2018, Ford announced an $11.1 billion investment in global electric vehicles and established a dedicated team to manage the endeavor, with the goal of releasing a total of 40 electrified models globally by 2022, including 16 full-battery electric vehicle models; and
WHEREAS, one perceived barrier to greater dependency upon electric vehicles is inadequate and insufficient charging support infrastructure in local communities; and
WHEREAS, a high percentage of the costs of installing electric vehicle charging stations stems from the electrical modifications that oftentimes need to be made to accommodate the new demand; and
WHEREAS, by reducing the electrical changes needed, and including the electrical conduit pipes during initial construction when it is cheaper,�the overall costs of charging stations can be significantly reduced; and
WHEREAS, given the global trend within the coming years, governmental agencies around the world are working on strategies to facilitate the establishment of the electric-hybrid vehicle supportive infrastructure; and
WHEREAS, provision for electric vehicle parking at multi-family residential buildings, offices, and businesses is critical to supporting the use of electric vehicles; and
WHEREAS, accordingly, this Board wishes to require on a prospective basis the installation of certain infrastructure needed to enable future electric vehicle charging stations as part of the parking requirements set forth in the Code for new construction,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-122.5 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 33-122.5. Electric Vehicle Supply Equipment Requirements.

Parking spaces specifically designed for charging of Electric Vehicles shall be required in accordance with the following provisions for all new uses other than single-family, duplex, or townhouse, and properties with a current CU and occupancy for a church or religious use.

(1) Definitions.

(a) Electric Vehicle or EV shall mean any vehicle that operates either partially or exclusively on electrical energy from an off-board source that is stored on-board for motive purpose.

(b) Electric Vehicle Supply Equipment or EVSE shall mean a unit of fueling infrastructure that supplies electric energy for the recharging of electric vehicles and plug-in hybrids.

(c) EVSE Space shall mean a parking space equipped with, at a minimum, Level 2 EVSE that is capable of charging electric vehicles.

(d) EVSE-Ready Space shall mean a parking space with full circuity installed in accordance with the Florida Building Code and ready for the charger to be connected.

(2) Required Number of EVSE Spaces and EVSE-Ready Spaces. The number of required EVSE Spaces or EVSE-Ready Spaces shall be determined based on the total number of off-street parking spaces, as shown in the table below. EVSE Spaces shall count toward off-street parking requirements; however, in no event shall providing such spaces reduce the number of parking spaces for the physically disabled below the quantity required by the Florida Building Code.

Total Number of Required Off-Street Parking Spaces >>Minimum<<1 Required Off-Street EVSE-Ready Spaces
(Prior to January 1, 2022)* >>Minimum<< Required Off-Street EVSE-Ready Spaces
(On or after January 1, 2022)* Up to 9 spaces 1 1 10 or more 10 percent of the required parking spaces, but in no event less than 1 EVSE-Ready Space. 20 percent of the required parking spaces, but in no event less than 1 EVSE-Ready Space. * In the event of a fraction, the number shall be rounded up.
(3) Fees. The EVSE operator may charge a fee for electric vehicle charging.

(4) Signage and Markings. All electric vehicle parking spaces shall be prominently designated with a permanent above-ground sign which shall conform to Figure 1 below entitled "Electric Vehicle Charging Station Sign." The bottom of the sign must be at least 5 feet above grade when attached to a building, or 7 feet above grade for a detached sign. The property owner or operator may establish the hours during which vehicles may be charged and the length of charging time permitted per vehicle, provided such information is depicted on the sign in the manner shown in the figure below.

Figure 1. Electric Vehicle Charging Station Sign
Section 2. Section 30-423 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 30-423. Penalty for misuse of parking spaces designated for electric vehicle charging.

(1) The definitions set forth in section 33-122.5 shall apply to this section.

(2) No person shall stop, stand, or park a vehicle within any parking space designated for charging of electric vehicles where charging equipment has been installed, or otherwise block access to such parking space, unless that vehicle is connected to electric vehicle supply equipment, as defined in section 33-122.5, provided, however, that this restriction shall not apply to any person who makes use of an EVSE Space that is specifically assigned to, or wholly owned by, that person.

(3) Whenever a law enforcement or parking enforcement officer finds a vehicle in violation of this section, the officer shall:

(a) Have the vehicle relocated to any lawful parking space or facility, whether by the owner, operator, or other person responsible for the vehicle, or by involuntary means such as towing. Whenever a vehicle is relocated, any cost of such relocation shall be charged to the owner, operator, or other person responsible for the vehicle, and may be made a lien against the vehicle if not paid in the time permitted; or

(b) Charge the person in violation with a noncriminal traffic infraction.

(4) Whenever evidence shall be presented in any court of the fact that any vehicle was found to be parked in violation of this section, it shall be prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the Florida Department of Highway Safety and Motor Vehicles.

(5) Violators of this section shall be punished by the maximum fine for a non-moving violation pursuant to chapter 318, Florida Statutes.

Section 3. The County Mayor or County Mayor�s designee is hereby directed to conduct a study and prepare a report regarding the appropriate percentage of required off-street EVSE-Ready Spaces, taking into consideration factors such as evolving need and demand. If the study and report justify an increase or decrease in the required percentage set forth in this ordinance, the County Mayor or County Mayor�s designee shall prepare legislation to amend the code accordingly. The required report shall be provided to this Board by January 1, 2021, and shall be placed on an agenda of the Board pursuant to Ordinance No. 14-65.
Section 4. >>The provisions of sections 33-122.5 and 30-423 shall not take effect until 90 days from the effective date of this ordinance.
Section 5.<< If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section >>6.<<[[5.]] It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section >>7.<<[[6.]] This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Committee amendments are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.