Struck = removed from the bill ยท
added = the amendment's new text.
SecondHB1173_S_APP.001 RegularNOT SessionAMENDED Seventy-fourthSENATE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE ENGROSSEDREPORT This_______________________________ VersionMay Includes4, All2024 AmendmentsChair Adoptedof onCommittee SecondDate ReadingCommittee inon theAppropriations. House of Introduction LLS NO.
24-0705.02After Christopherconsideration McMichaelon x4775the HOUSEmerits, BILLthe 24-1173Committee HOUSErecommends SPONSORSHIPthe Valdez,following: SENATE SPONSORSHIP Priola, House Committees Senate Committees Energy & Environment Appropriations A BILL FOR AN ACT C ONCERNINGSTREAMLININGTHEPROCESSFORPERMITTINGELECTRIC MOTOR VEHICLE CHARGING SYSTEMS .
BillHB24-1173 Summarybe (Note:referred to the Committee of the Whole with favorable recommendation.
This** summary*** applies** to*** this** bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill establishes an expedited permitting process for the approvalofelectricmotorvehicle(EV)chargingsystemsforcountiesand municipalities.
A board of county commissioners or the governing body of a g municipality must adopt an application procedure for an applicant to i 4 apply for an EV charger permit to install an EV motor vehicle charging a 0 S R , O n 2 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
H d p Capital letters or bold & italic numbers indicate new material to be added to existing lad.A Dashes through the words or numbers indicate deletions from existing law.
e m A system.
Once the application is complete, the county permitting agency or municipal permitting agency will review and approve, conditionally approve, or deny an EV charger permit:
! Within 30 days after the application is considered complete, for an application that proposes to build fewer than 13 charging stations on a parcel where the EV charging system is considered an accessoryland use to the existing or primary land use on that parcel;
or ! Within 60 days after the application is considered complete, for an application that proposes to build 13 or more charging stations or for applications where the EV chargingsystemcomplieswiththeprimarylanduseonthat parcel.
If the countypermitting agencyor municipal permitting agencydoes not approve, conditionally approve, or deny a completed application for an EVchargerpermitwithinthosetime periods, the application is approved and the EV charger permit is granted to the applicant.
The county or municipality may deny an application if the applicationdoesnotcomplywiththeobjectivestandardsforEVcharging systems set forth by the county or municipality or for health or safety reasons.
The bill also instructs the Colorado energy office to develop a model code regarding the approval of EV charger permits and provide counties and municipalities technical assistance in developing and administering the expedited EV charger permitting process.
Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
Legislativedeclaration.(1) Thegeneralassembly finds and declares that:
(a) Thetransportationsectorisaleadingsourceofgreenhousegas emissionsandpollution,andvehicleelectrificationisakeycomponentin reducing greenhouse gas emissions in the transportation sector;
(b) According to the United States department of energy, an electricvehicleproducesanaverageoflessthanone-fourthoftheaverage emissions of a motor vehicle powered by an internal combustion engine over its lifetime;
(c) To further promote the adoption of electric vehicles, the state -2- 1173 needstoencouragetherapiddevelopmentofanetworkofelectricvehicle charging systems and other infrastructure to support those electric vehicles;
(d) As of January 2024, there are more than 108,000 electric vehiclesontheroadinColoradobutlessthan 5,000Level2andonly980 DC fast charging electric vehicle charging ports available for public use;
(e) The "2023 Colorado EV Plan" calls for at least 5,800 Level 2 and 1,700 DC fast charging electric vehicle charging ports available for public use by 2025;
and (f) The promotion of electric vehicles and the development of electric vehicle charging systems is a matter of mixed state and local concern.
(2) The general assembly further declares that it is in the best interest of Coloradans and a matter of mixed state and local concern to facilitate the permitting of electric vehicle charging systems by streamlining the process for local governments to approve permits for developing electric vehicle charging infrastructure.
SECTION 2.
In Colorado Revised Statutes, add 30-28-213 as follows:
30-28-213.
Electric motor vehicle charging systems - county permitting procedures - permit application - approval process - definitions.
(1) Definitions.
AUSED IN THIS SECTION,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "ADMINISTRATIVE REVIEW PROCESS " MEANS A PROCESS:
(I) IN WHICH AN EV CHARGER PERMIT IS APPROVED ,APPROVED WITH CONDITIONS ,OR DENIED BY ADMINISTRATIVE STAFF OF A COUNTY PERMITTING AGENCY BASED SOLELY ON THE APPLICATION S COMPLIANCE -3- 1173 WITH OBJECTIVE STANDARDS SET FORTH IN COUNTY ZONING LAWS OR OTHER COUNTY LAWS ;AND (II) T HAT DOES NOT REQUIRE A PUBLIC HEARING , A RECOMMENDATION ,ORADECISIONBYANELECTEDORAPPOINTEDPUBLIC BODYORHEARINGOFFICEREXCEPTASPROVIDEDINSUBSECTION (4)(dOF THIS SECTIO.
(b) "COLORADOENERGYOFFICE "MEANSTHE COLORADOENERGY OFFICE CREATED IN SECTIO24-38.5-101.
(c) (I) "CUNTY PERMITTING AGENCY " MEANS THE ENTITY OR ENTITIES FOR A COUNTY THAT ARE RESPONSIBLE FOR ISSUING ANEV CHARGER PERMIT FOR THE CONSTRUCTION OF AN ELECTRIC MOTOR VEHICLE CHARGING SYSTEM .
(II) "CUNTY PERMITTING AGENCY "MAY INCLUDE :
(A) A COUNTY BUILDING DEPARTMENT OR AGENCY ;
(B) A COUNTY PLANNING DEPARTMENT OR AGENCY ;OR (C) ACOUNTYPUBLICWORKSORROADANDBRIDGEDEPARTMENT OR AGENCY .
(d) "D ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE MEANING SET FORTH IN SECTIO24-4-109 (2)(b)(II).
(e) "EECTRICMOTORVEHICLECHARGINGSYSTEM "OR CHARGING SYSTEM "HAS THE MEANING SET FORTH IN SECTIO38-12-601 (6)(a).
(f) "EV CHARGER PERMIT" MEANS THE FINAL APPROVAL OF AN APPLICATION FOR INSTALLATION OF AN ELECTRIC MOTOR VEHICLE CHARGING SYSTEM THAT A COUNTY MAY REQUIRE TO AUTHORIZE AN APPLICANTTOCOMMENCECONSTRUCTIONOFTHECHARGINGSYSTEMAND A PERMIT APPLICATION FOR AN ELECTRICAL PERMIT ESTABLISHED UNDER ARTICLE 115OF TITLE12AND ISSUED BY THE STATE ELECTRICAL BOAR.
-4- 1173 (g) "OBJECTIVE STANDARD"MEANS A STANDARD THAT :
(I) INIFORMLYVERIFIABLEANDASCERTAINABLEBYREFERENCE TO ANAVAILABLE EXTERNALORUNIFORMBENCHMARKORCRITERIONBY THE APPLICANT AND COUNTY PERMITTING AGENCY STAFF PRIOR TO THE APPLICANT'S FILING OF EV CHARGER PERMIT APPLICATION;AND (II) DOES NOT REQUIRE COUNTY PERMITTING AGENCY STAFF TO MAKE A SUBJECTIVE DETERMINATION CONCERNING AN EV CHARGER PERMIT APPLICATION.
(2)(a) OORBEFORE DECEMBER 31,2025THEBOARDOFCOUNTY COMMISSIONERSOFACOUNTYWITHAPOPULATIONOFTWENTYTHOUSAND OR MORE ACCORDING TO THE 2020FEDERAL CENSUS SHALL:
(I) ADOPT AN ORDINANCE OR RESOLUTION TO INCORPORATE THE SAME STANDARDS AND PERMITTING PROCESS OR LESS RESTRICTIVE STANDARDS AND PERMITTING PROCESS AS THE STANDARDS AND PERMITTINGPROCESSDESCRIBEDINTHE EV CHARGERPERMITTINGMODEL CODE DEVELOPED BY THE COLORADO ENERGY OFFICE PURSUANT TO SUBSECTION (3)OF THIS SECTI;OR (II)(A) DOPTANORDINANCEORRESOLUTIONTHATESTABLISHES OBJECTIVE STANDARDS AND AN ADMINISTRATIVE REVIEWPROCESS TOBE USEDBYTHECOUNTYPERMITTINGAGENCYDURINGTHECOUNTY 'SREVIEW OF APPLICATIONS FOR EV CHARGER PERMITS IN ACCORDANCE WITH SUBSECTIONS (4), (5AND (6)OF THIS SECTI.N (B) A N ORDINANCE OR RESOLUTION ADOPTED BY THE COUNTY PURSUANT TO THIS SUBSECTION (2)(a)(IISHALL BE DEVELOPED IN CONSULTATIONWITHTHELOCALFIREDEPARTMENTORFIREDISTRICT ,ANY ELECTRIC UTILITIES SERVING THE COUNTY , AND OTHER RELEVANT STAKEHOLDERS ,AS DETERMINED BY THE COUNTY.
-5- 1173 2 (b) A COUNTY SUBJECT TO THE REQUIREMENTS OF SUBSECTION (2)(a)F THIS SECTION SHALL MAINTAIN ELECTRONIC RECORDS OF EACH APPLICATION FOR AN EV CHARGER PERMIT FOR AT LEAST TWO YEARS AFTER THE DATE ON WHICH THE COUNTY PERMITTING AGENCY MAKES A FINAL DETERMINATION OF WHETHER TO GRANT THE PERMIT .
THE ELECTRONIC RECORDS MUST INCLUDE:
(I) HEFINALDETERMINATIONMADEBYTHECOUNTYPERMITTING AGENCY FOR EACH EV CHARGER PERMIT APPLICATION;AND (II) FR EACH EV CHARGER PERMIT APPLICATION SUBMITTED TO THE COUNTY PERMITTING AGENCY ,THE DURATION BETWEEN THE DATE THATTHE EV CHARGERPERMITAPPLICATIONWASDEEMEDCOMPLETEBY THE COUNTY PERMITTING AGENCY AND THE DATE THAT THE COUNTY PERMITTINGAGENCYMADEAFINALDETERMINATIONONTHE EV CHARGER PERMIT APPLICATION.
(c) IF THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY ADOPTS THE EV CHARGER PERMITTING MODEL CODE PURSUANT TO SUBSECTION (2)(a)(I)OF THIS SECTION , THE REQUIREMENTS OF SUBSECTIONS (4), (5AND (6)OF THIS SECTION DO NOT APPLY TO THE COUNTY .
(3) (a) O OR BEFOREM ARCH 31,2025,THEC OLORADO ENERGY OFFICE SHALL PUBLISH AEV CHARGER PERMITTING MODEL CODE THAT CONTAINS GUIDELINES FOR THE ADOPTION OFEV CHARGER PERMIT STANDARDS AND PERMITTING PROCESSES FOR COUNTIES.
(b) THE EV CHARGER PERMITTING MODEL CODE DEVELOPED BY THE COLORADOENERGYOFFICEPURSUANTTOSUBSECTION (3)(aOFTHIS SECTION MUST BE DEVELOPED IN CONSULTATION WITH COUNTIES , -6- 1173 REPRESENTATIVESFROMDISPROPORTIONATELYIMPACTEDCOMMUNITIES , PUBLIC ELECTRIC UTILITI,AND OTHER RELEVANT STAKEHOLDERS ,AS DETERMINED BY THE COLORADO ENERGY OFFICE .
(c) THE EV CHARGER PERMITTING MODEL CODE DEVELOPED BY THE COLORADO ENERGY OFFICE IN ACCORDANCE WITH THIS SUBSECTION (3)SHALLONLYAPPLYTOACOUNTY SLANDUSEANDZONINGPERMITTING PROCESSES AND SHALL NOT CONTRAVENE :
(I) STATE ELECTRICAL PERMITTING REQUIREMENTS OR PROCEDURES ;
(II) COUNTY ELECTRICAL PERMITTING REQUIREMENTS OR PROCEDURES ;
(III) TATE ELECTRICAL INSPECTION REQUIREMENT;
(IV) COUNTY ELECTRICAL INSPECTION REQUIREMENTS;OR (V) NATIONAL ELECTRIC CODE REQUIREMENTS OR REGULATIONS RELATED TO ELECTRIC MOTOR VEHICLE CHARGING SYSTEMS.
(4) (a) A COUNTY PERMITTING AGENCY SHALL APPROVE , CONDITIONALLYAPPROVE ,ORDENYANAPPLICATIONFORAN EV CHARGER PERMIT USING THE COUNTY S ADMINISTRATIVE REVIEW PROCESS TO DETERMINE IF THE PROPOSED ELECTRIC MOTOR VEHICLE CHARGING SYSTEM IS IN COMPLIANCE WITH THE COUNTS OBJECTIVE STANDARDS.
(b) A COUNTY PERMITTING AGENCY SHALL NOT DENY OR PLACE CONDITIONSONAN EV CHARGERPERMITAPPLICATIONUNLESSTHEDENIAL OR CONDITIONS ARE FOR THE PURPOSE OF REASONABLY PROTECTING PUBLIC HEALTH OR SAFETY.
(c) IACOUNTYPERMITTINGAGENCYDENIESANAPPLICATIONFOR AN EV CHARGERPERMIT ,THECOUNTYPERMITTINGAGENCYSHALLMAKE WRITTEN FINDINGS THAT THE PROPOSED ELECTRIC MOTOR VEHICLE -7- 1173 CHARGINGSYSTEMWOULDVIOLATETHECOUNTY SOBJECTIVESTANDARDS OR WOULD NOT BE REASONABLY PROTECTIVE OF PUBLIC HEALTH OR SAFETY AND SEND THOSE WRITTEN FINDINGS TO THE APPLICANT WITHIN THREE DAYS AFTER THE DATE THE COUNTY PERMITTING AGENCY DENIES THE APPLICATION.
(d) AN APPLICANT FOR ANEV CHARGER PERMIT THAT IS DENIED A PERMIT OR HAS CONDITIONS PLACED ON THE APPROVAL OF AN EV CHARGER PERMIT BY A COUNTY PERMITTING AGENCY MAY APPEAL THE COUNTY PERMITTING AGENCY S DECISION TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY.
(e) HEREQUIREMENTSOFTHISSUBSECTION (4)DONOTAPPLYTO COUNTIES THAT ADOPT THE EV CHARGER PERMITTING MODEL CODE PURSUANT TO SUBSECTION (2)(a)(OF THIS SECTIO.
(5)(a) TECOUNTYPERMITTINGAGENCYMUSTMAKEAVAILABLE TO PROSPECTIVE APPLICANTS FOEV CHARGER PERMITS A CHECKLIST OF ALLREQUIREMENTS THAT MUST BE INCLUDED IN AN APPLICATION FOR AN EV CHARGER PERMIT .
(b) A COUNTY PERMITTING AGENCY SHALL REVIEW AN APPLICATION FOR AN EV CHARGER PERMIT TO CONFIRM THAT THE APPLICATIONSUFFICIENTLYMEETSTHEREQUIREMENTSOFTHECHECKLIST DESCRIBED IN SUBSECTION(5)(aOF THIS SECTIO.
(c) A COUNTY PERMITTING AGENCY SHALL CONSIDER AN APPLICATION FOR AN EV CHARGER PERMIT THAT SATISFIES THE REQUIREMENTS OF THE CHECKLIST DESCRIBED IN SUBSECTION(5)(aOF THIS SECTION A COMPLETE APPLICATIO.
(d) I AN APPLICANT FOR ANEV CHARGER PERMIT SUBMITS AN APPLICATION THAT DOES NOT MEET ALL THE REQUIREMENTS OF THE -8- 1173 CHECKLIST DESCRIBED IN SUBSECTION (5)(a)OF THIS SECTIO, THE COUNTY PERMITTING AGENCY SHALL ,WITHIN THREE DAYS AFTER THE DATETHECOUNTYPERMITTINGAGENCYDETERMINESTHEAPPLICATIONIS NOT SUFFICIENT,SEND A WRITTEN NOTICE TO THE APPLICANT THAT DETAILS ALL OF THE DEFICIENCIES WITH THE APPLICATION AND ANY ADDITIONAL INFORMATION REQUIRED FOR THE APPLICATION TO BE CONSIDERED COMPLETE .
(e) HEREQUIREMENTSOFTHISSUBSECTION (5)DONOTAPPLYTO COUNTIES THAT ADOPT THE EV CHARGER PERMITTING MODEL CODE PURSUANT TO SUBSECTION (2)(a)(OF THIS SECTIO.
(6) (a) ACOUNTY PERMITTING AGENCY THAT HAS RECEIVED AN APPLICATION FOR ANEV CHARGER PERMIT SHALL:
(I) REVIEW THE APPLICATION FOR COMPLETENESS WITHIN TEN BUSINESS DAYS;AND (II) W ITHIN THREE BUSINESS DAYS AFTER THE COUNTY PERMITTING AGENCY HAS COMPLETED ITS INITIAL REVIEW OF THE APPLICATION,SEND WRITTEN NOTICE TO THE APPLICANT THAT STATES WHETHER THE APPLICATION IS COMPLET.
(b) A N APPLICATION FOR AN EV CHARGER PERMIT THAT IS CONSIDEREDCOMPLETESHALLBEREVIEWEDBYTHECOUNTYPERMITTING AGENCY THROUGH THE ADMINISTRATIVE REVIEW PROCESS WITHIN THE FOLLOWING TIME PERIODS:
(I) FR AN ELECTRIC MOTOR VEHICLE CHARGING SYSTEM THAT IS AN ACCESSORY LAND USE TO AN EXISTING OR PLANNED PRIMARY LAND USE ON THE SAME PARCEL AND THAT HAS FEWER THAN THIRTEEN CHARGING STATIONS ,THE APPLICATION FOR AEV CHARGER PERMIT IS REVIEWED THROUGH THE ADMINISTRATIVE REVIEW PROCESS WITHIN -9- 1173 THIRTY DAYS AFTER THE COUNTY PERMITTING AGENCY SENDS NOTICE TO THEAPPLICANTTHATTHEAPPLICANT S EV CHARGERPERMITAPPLICATION IS COMPLETE.
(II) FRANELECTRICMOTORVEHICLECHARGINGSYSTEMTHATIS THE PRIMARY LAND USE ON A PARCEL OR THAT HAS THIRTEEN OR MORE CHARGING STATIONS ,THE APPLICATION FOR AEV CHARGER PERMIT IS REVIEWEDTHROUGHTHEADMINISTRATIVEREVIEWPROCESSWITHINSIXTY DAYS AFTER THE COUNTY PERMITTING AGENCY SENDS NOTICE TO THE APPLICANT THAT THE APPLICAN'SEV CHARGER PERMIT APPLICATION IS COMPLETE .
(c) A COUNTY PERMITTING AGENCY THAT DENIES OR CONDITIONALLY APPROVES AN APPLICATION MUST DENY OR CONDITIONALLY APPROVE THE APPLICATION WITHIN THE TIME PERIODS SPECIFIED IN SUBSECTIO(6)(bOF THIS SECTIO.
(d) IF THE COUNTY PERMITTING AGENCY DOES NOT APPROVE , CONDITIONALLYAPPROVE ,ORDENYANAPPLICATIONFORAN EV CHARGER PERMIT THAT IS CONSIDERED COMPLETE WITHIN THE TIME PERIODS DESCRIBED IN SUBSECTION(6)(b)OF THIS SECTI,NTHE APPLICATION IS CONSIDERED APPROVED AND THE EV CHARGER PERMIT IS GRANTED TO THE APPLICANT.
(e) HEREQUIREMENTSOFTHISSUBSECTION (6)DONOTAPPLYTO COUNTIES THAT ADOPT THE EV CHARGER PERMITTING MODEL CODE PURSUANT TO SUBSECTION (2)(a)(OF THIS SECTIO.
(7)(a) TE COLORADOENERGYOFFICESHALLPROVIDETECHNICAL ASSISTANCE TO COUNTIES TO ASSIST A COUNTY IN COMPLYING WITH THE REQUIREMENTS OF THIS SECTIO,INCLUDING PROVIDING:
(I) SPPORT FOR THE DEVELOPMENT AND ADOPTION OF COUNTY -10- 1173 CODES ;AND (II) MATERIALSANDSUPPORTFORTRAININGCOUNTYPERMITTING AGENCY STAFF WITH INTERPRETING AND APPLYINGEV CHARGER PERMIT STANDARDS AND PROCESSES .
(b) THE C OLORADO ENERGY OFFICE SHALL USE MONEY IN THE ELECTRIC VEHICLE GRANT FUND ,CREATED IN SECTION24-38.5-103,TO PROVIDETECHNICALASSISTANCETOCOUNTIESINACCORDANCEWITHTHIS SUBSECTION (7).
(c) THEC OLORADOENERGYOFFICESHALLPRIORITIZE PROVIDING TECHNICALASSISTANCETOCOUNTIESTHATHAVEASIGNIFICANTNUMBER OF DISPROPORTIONATELY IMPACTED COMMUNITIES .
(8) REGARDLESSOFTHEORDINANCEORRESOLUTIONADOPTEDBY ABOARDOFCOUNTYCOMMISSIONERSINACCORDANCEWITHSUBSECTION (2)(a)OF THIS SECTIO,A COUNTY PERMITTING AGENCY SHALL ,WITHIN THREE DAYS AFTER THE DATE THE COUNTY PERMITTING AGENCY MAKES THEDETERMINATIONTOAPPROVE CONDITIONALLYAPPROVE ,ORDENYAN APPLICATION, SEND NOTICE TO AN APPLICANT FOR AN EV CHARGER PERMITTHATSTATESTHECOUNTYPERMITTINGAGENCY SDETERMINATION ON THE APPLICANTS EV CHARGER PERMIT APPLICATION.
SECTION 3.
In Colorado Revised Statutes, add 31-23-316 as follows:
31-23-316.
Electric motor vehicle charging systems - municipal permitting procedures - permit application - approval process-definitions.(1) Definitions.AEDINTHISSECTION UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "ADMINISTRATIVE REVIEW PROCESS"MEANS A PROCESS:
(I) I WHICH AN EV CHARGER PERMIT IS APPROVED,APPROVED -11- 1173 WITHCONDITIONS ,ORDENIEDBYADMINISTRATIVESTAFFOFAMUNICIPAL PERMITTING AGENCY BASED SOLELY ON THE APPLICATIOS COMPLIANCE WITH OBJECTIVE STANDARDS SET FORTH IN MUNICIPAL ZONING LAWS OR OTHER MUNICIPAL LAWS;AND (II) T HAT DOES NOT REQUIRE A PUBLIC HEARING , A RECOMMENDATION ,ORADECISIONBYANELECTEDORAPPOINTEDPUBLIC BODYORHEARINGOFFICEREXCEPTASPROVIDEDINSUBSECTION (4)(dOF THIS SECTIO.
(b) "COLORADOENERGYOFFICE "MEANSTHE COLORADOENERGY OFFICE CREATED IN SECTIO24-38.5-101.
(c) "D ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE MEANING SET FORTH IN SECTIO24-4-109 (2)(b)(II).
(d) "EECTRICMOTORVEHICLECHARGINGSYSTEM "OR CHARGING SYSTEM "HAS THE MEANING SET FORTH IN SECTIO38-12-601 (6)(a).
(e) "EV CHARGER PERMIT "MEANS THE FINAL APPROVAL OF AN APPLICATION FOR INSTALLATION OF AN ELECTRIC MOTOR VEHICLE CHARGINGSYSTEMTHATAMUNICIPALITYMAYREQUIRETOAUTHORIZEAN APPLICANTTOCOMMENCECONSTRUCTIONOFTHECHARGINGSYSTEMAND A PERMIT APPLICATION FOR AN ELECTRICAL PERMIT ESTABLISHED UNDER ARTICLE 115OF TITLE12AND ISSUED BY THE STATE ELECTRICAL BOAR.
(f) (I) "MNICIPAL PERMITTING AGENC"MEANS THE ENTITY OR ENTITIESFORAMUNICIPALITYTHATARERESPONSIBLEFORISSUINGAN EV CHARGER PERMIT FOR THE CONSTRUCTION OF AN ELECTRIC MOTOR VEHICLE CHARGING SYSTEM .
(II) "MUNICIPAL PERMITTING AGENC"MAY INCLUDE :
(A) A MUNICIPAL BUILDING DEPARTMENT OR AGENCY;
(B) A MUNICIPAL PLANNING DEPARTMENT OR AGENCY ;OR -12- 1173 (C) A MUNICIPAL PUBLIC WORKS OR ROAD AND BRIDGE DEPARTMENT OR AGENCY .
(g) "OBJECTIVE STANDARD"MEANS A STANDARD THAT :
(I) INIFORMLYVERIFIABLEANDASCERTAINABLEBYREFERENCE TOANAVAILABLE EXTERNALOR UNIFORMBENCHMARKORCRITERIONBY THEAPPLICANTANDMUNICIPALPERMITTINGAGENCYSTAFFPRIORTOTHE APPLICANT'S FILING OF EV CHARGER PERMIT APPLICATION;AND (II) OESNOTREQUIREMUNICIPALPERMITTINGAGENCYSTAFFTO MAKE A SUBJECTIVE DETERMINATION CONCERNING AN EV CHARGER PERMIT APPLICATION.
(2)(a) OORBEFORE D ECEMBER 31,2025,THEGOVERNINGBODY OF A MUNICIPALITY WITH A POPULATION OF TEN THOUSAND OR MORE ACCORDING TO THE 2020FEDERAL CENSUS SHALL :
(I) ADOPT AN ORDINANCE OR RESOLUTION TO INCORPORATE THE SAME STANDARDS AND PERMITTING PROCESS OR LESS RESTRICTIVE STANDARDS AND PERMITTING PROCESS AS THE STANDARDS AND PERMITTINGPROCESSDESCRIBEDINTHE EV CHARGERPERMITTINGMODEL CODE DEVELOPED BY THE COLORADO ENERGY OFFICE PURSUANT TO SUBSECTION (3)OF THIS SECTI;OR (II)(A) DOPTANORDINANCEORRESOLUTIONTHATESTABLISHES OBJECTIVE STANDARDS AND AN ADMINISTRATIVE REVIEWPROCESS TOBE USED BY THE MUNICIPAL PERMITTING AGENCY DURING THE MUNICIPALITY'S REVIEW OF APPLICATIONS FEV CHARGER PERMITS IN ACCORDANCE WITH SUBSECTIONS (4), (5AND (6)OF THIS SECTIO.
(B) A N ORDINANCE OR RESOLUTION ADOPTED BY THE MUNICIPALITY PURSUANT TO THIS SUBSECTION (2)(a)(IISHALL BE DEVELOPEDINCONSULTATIONWITHTHELOCALFIREDEPARTMENTORFIRE -13- 1173 DISTRICT,ANY ELECTRIC UTILITIES SERVING THE MUNICIPALIT, AND OTHERRELEVANTSTAKEHOLDERS ,ASDETERMINEDBYTHEMUNICIPALITY .
4 (b) A MUNICIPALITY SHALL MAINTAIN ELECTRONIC RECORDS OF EACH APPLICATION FOR AN EV CHARGER PERMIT FOR AT LEAST TWO YEARS AFTER THE DATE ON WHICH THE MUNICIPAL PERMITTING AGENCY MAKESAFINALDETERMINATIONOFWHETHERTOGRANTTHEPERMIT .THE ELECTRONIC RECORDS MUST INCLUDE:
(I) THE FINAL DETERMINATION MADE BY THE MUNICIPAL PERMITTING AGENCY FOR EACH EV CHARGER PERMIT APPLICATION;AND (II) FR EACH EV CHARGER PERMIT APPLICATION SUBMITTED TO THEMUNICIPALPERMITTINGAGENCY THEDURATIONBETWEENTHEDATE THATTHE EV CHARGERPERMITAPPLICATIONWASDEEMEDCOMPLETEBY THEMUNICIPALPERMITTINGAGENCYANDTHEDATETHATTHEMUNICIPAL PERMITTINGAGENCYMADEAFINALDETERMINATIONONTHE EV CHARGER PERMIT APPLICATION.
(c) F THE GOVERNING BODY OF A MUNICIPALITY ADOPTS TEV CHARGER PERMITTING MODEL CODE PURSUANT TO SUBSECTION (2)(a)(I) OFTHISSECTION THEREQUIREMENTSOFSUBSECTIONS (4),(5AND (6)OF THIS SECTION DO NOT APPLY TO THE MUNICIPAL.TY (3) (a) O OR BEFOREM ARCH 31,2025,THEC OLORADO ENERGY OFFICE SHALL PUBLISH AEV CHARGER PERMITTING MODEL CODE THAT CONTAINS GUIDELINES FOR THE ADOPTION OFEV CHARGER PERMIT STANDARDS AND PERMITTING PROCESSES FOR MUNICIPALITIE.
(b) THE EV CHARGER PERMITTING MODEL CODE DEVELOPED BY THE COLORADOENERGYOFFICEPURSUANTTOSUBSECTION (3)(aOFTHIS SECTION MUST BE DEVELOPED IN CONSULTATION WITH MUNICIPALITIE, -14- 1173 REPRESENTATIVESFROMDISPROPORTIONATELYIMPACTEDCOMMUNITIES , PUBLIC ELECTRIC UTILITI,AND OTHER RELEVANT STAKEHOLDERS ,AS DETERMINED BY THE COLORADO ENERGY OFFICE .
(c) THE EV CHARGER PERMITTING MODEL CODE DEVELOPED BY THE COLORADO ENERGY OFFICE IN ACCORDANCE WITH THIS SUBSECTION (3)SHALL ONLY APPLY TO A MUNICIPALITY S LAND USE AND ZONING PERMITTING PROCESSES AND SHALL NOT CONTRAVENE:
(I) STATE ELECTRICAL PERMITTING REQUIREMENTS OR PROCEDURES ;
(II) M UNICIPAL ELECTRICAL PERMITTING REQUIREMENTS OR PROCEDURES ;
(III) TATE ELECTRICAL INSPECTION REQUIREMENT;
(IV) M UNICIPAL ELECTRICAL INSPECTION REQUIREMEN;OR (V) NATIONAL ELECTRIC CODE REQUIREMENTS OR REGULATIONS RELATED TO ELECTRIC MOTOR VEHICLE CHARGING SYSTEMS.
(4) (a) A MUNICIPAL PERMITTING AGENCY SHALL APPROVE , CONDITIONALLYAPPROVE ,ORDENYANAPPLICATIONFORAN EV CHARGER PERMITUSINGTHEMUNICIPALITY SADMINISTRATIVEREVIEWPROCESSTO DETERMINE IF THE PROPOSED ELECTRIC MOTOR VEHICLE CHARGING SYSTEM IS IN COMPLIANCE WITH THE MUNICIPALITY S OBJECTIVE STANDARDS .
(b) AMUNICIPALPERMITTINGAGENCYSHALLNOTDENYORPLACE CONDITIONSONAN EV CHARGERPERMITAPPLICATIONUNLESSTHEDENIAL OR CONDITIONS ARE FOR THE PURPOSE OF REASONABLY PROTECTING PUBLIC HEALTH OR SAFETY.
(c) I A MUNICIPAL PERMITTING AGENCY DENIES AN APPLICATION FORAN EV CHARGERPERMIT THEMUNICIPALPERMITTINGAGENCYSHALL -15- 1173 MAKEWRITTENFINDINGSTHATTHE PROPOSEDELECTRICMOTORVEHICLE CHARGING SYSTEM WOULD VIOLATE THE MUNICIPALITY S OBJECTIVE STANDARDS OR WOULD NOT BE REASONABLY PROTECTIVE OF PUBLIC HEALTH OR SAFETY AND PROVIDE THOSE WRITTEN FINDINGS TO THE APPLICANT WITHIN THREE DAYS AFTER THE DATE THE MUNICIPAL PERMITTING AGENCY DENIES THE APPLICATIO.
(d) AN APPLICANT FOR ANEV CHARGER PERMIT THAT IS DENIED A PERMIT OR HAS CONDITIONS PLACED ON THE APPROVAL OF AN EV CHARGERPERMITBYAMUNICIPALPERMITTINGAGENCYMAYAPPEALTHE MUNICIPALPERMITTINGAGENCY SDECISIONTOTHEGOVERNINGBODYOF THE MUNICIPALITY.
(e) HEREQUIREMENTSOFTHISSUBSECTION (4)DONOTAPPLYTO MUNICIPALITIESTHATADOPTTHE EV CHARGERPERMITTINGMODELCODE PURSUANT TO SUBSECTION (2)(a)(OF THIS SECTIO.
(5) (a) THE MUNICIPAL PERMITTING AGENCY MUST MAKE AVAILABLE TO PROSPECTIVE APPLICANTS FOREV CHARGER PERMITS A CHECKLIST OF ALL REQUIREMENTS THAT MUST BE INCLUDED IN AN APPLICATION FOR ANEV CHARGER PERMIT .
(b) A MUNICIPAL PERMITTING AGENCY SHALL REVIEW AN APPLICATION FOR AN EV CHARGER PERMIT TO CONFIRM THAT THE APPLICATIONSUFFICIENTLYMEETSTHEREQUIREMENTSOFTHECHECKLIST DESCRIBED IN SUBSECTION(5)(aOF THIS SECTIO.
(c) A MUNICIPAL PERMITTING AGENCY SHALL CONSIDER AN APPLICATION FOR AN EV CHARGER PERMIT THAT SATISFIES THE REQUIREMENTS OF THE CHECKLIST DESCRIBED IN SUBSECTION(5)(aOF THIS SECTION A COMPLETE APPLICATIO.
(d) I AN APPLICANT FOR ANEV CHARGER PERMIT SUBMITS AN -16- 1173 APPLICATION THAT DOES NOT MEET ALL THE REQUIREMENTS OF THE CHECKLIST DESCRIBED IN SUBSECTION (5)(a)OF THIS SECTIO, THE MUNICIPAL PERMITTING AGENCY SHALL,WITHIN THREE DAYS AFTER THE DATETHEMUNICIPALPERMITTINGAGENCYDETERMINESTHEAPPLICATION IS NOT SUFFICIEN,SEND A WRITTEN NOTICE TO THE APPLICANT THAT DETAILS ALL OF THE DEFICIENCIES WITH THE APPLICATION AND ANY ADDITIONAL INFORMATION REQUIRED FOR THE APPLICATION TO BE CONSIDERED COMPLETE .
(e) HEREQUIREMENTSOFTHISSUBSECTION (5)DONOTAPPLYTO MUNICIPALITIESTHATADOPTTHE EV CHARGERPERMITTINGMODELCODE PURSUANT TO SUBSECTION (2)(a)(OF THIS SECTIO.
(6)(a) AMUNICIPALPERMITTINGAGENCYTHATHASRECEIVEDAN APPLICATION FOR ANEV CHARGER PERMIT SHALL:
(I) REVIEW THE APPLICATION FOR COMPLETENESS WITHIN TEN BUSINESS DAYS;AND (II) W ITHIN THREE BUSINESS DAYS AFTER THE MUNICIPAL PERMITTING AGENCY HAS COMPLETED ITS INITIAL REVIEW OF THE APPLICATION,SEND WRITTEN NOTICE TO THE APPLICANT THAT STATES WHETHER THE APPLICATION IS COMPLET.
(b) A N APPLICATION FOR AN EV CHARGER PERMIT THAT IS CONSIDERED COMPLETE SHALL BE REVIEWED BY THE MUNICIPAL PERMITTING AGENCY THROUGH THE ADMINISTRATIVE REVIEW PROCESS WITHIN THE FOLLOWING TIME PERIOD:
(I) FR AN ELECTRIC MOTOR VEHICLE CHARGING SYSTEM THAT IS AN ACCESSORY LAND USE TO AN EXISTING OR PLANNED PRIMARY LAND USE ON THE SAME PARCEL AND THAT HAS FEWER THAN THIRTEEN CHARGING STATIONS ,THE APPLICATION FOR AEV CHARGER PERMIT IS -17- 1173 REVIEWED THROUGH THE ADMINISTRATIVE REVIEW PROCESS WITHIN THIRTY DAYS AFTER THE MUNICIPAL PERMITTING AGENCY SENDS NOTICE TO THE APPLICANT THAT THE APPLICANT S EV CHARGER PERMIT APPLICATION IS COMPLET.
(II) FRANELECTRICMOTORVEHICLECHARGINGSYSTEMTHATIS THE PRIMARY LAND USE ON A PARCEL OR THAT HAS THIRTEEN OR MORE CHARGING STATIONS ,THE APPLICATION FOR AEV CHARGER PERMIT IS REVIEWEDTHROUGHTHEADMINISTRATIVEREVIEWPROCESSWITHINSIXTY DAYS AFTER THE MUNICIPAL PERMITTING AGENCY SENDS NOTICE TO THE APPLICANT THAT THE APPLICAN'SEV CHARGER PERMIT APPLICATION IS COMPLETE .
(c) A MUNICIPAL PERMITTING AGENCY THAT DENIES OR CONDITIONALLY APPROVES AN APPLICATION MUST DENY OR CONDITIONALLY APPROVE THE APPLICATION WITHIN THE TIME PERIODS SPECIFIED IN SUBSECTIO(6)(bOF THIS SECTIO.
(d) I THE MUNICIPAL PERMITTING AGENCY DOES NOT APPROVE, CONDITIONALLYAPPROVE ,ORDENYANAPPLICATIONFORAN EV CHARGER PERMIT THAT IS CONSIDERED COMPLETE WITHIN THE TIME PERIODS DESCRIBED IN SUBSECTION(6)(b)OF THIS SECTI,NTHE APPLICATION IS CONSIDERED APPROVED AND THE EV CHARGER PERMIT IS GRANTED TO THE APPLICANT.
(e) HEREQUIREMENTSOFTHISSUBSECTION (6)DONOTAPPLYTO MUNICIPALITIESTHATADOPTTHE EV CHARGERPERMITTINGMODELCODE PURSUANT TO SUBSECTION (2)(a)(OF THIS SECTIO.
(7)(a) TEC OLORADOENERGYOFFICESHALLPROVIDETECHNICAL ASSISTANCETOMUNICIPALITIESTOASSISTAMUNICIPALITYINCOMPLYING WITH THE REQUIREMENTS OF THIS SECTIO,INCLUDING PROVIDIN:
-18- 1173 (I) UPPORTFORTHEDEVELOPMENTANDADOPTIONOFMUNICIPAL CODES ;AND (II) M ATERIALS AND SUPPORT FOR TRAINING MUNICIPAL PERMITTING AGENCY STAFF WITH INTERPRETING AND APPLYING EV CHARGER PERMIT STANDARDS AND PROCESSES .
(b) THE COLORADO ENERGY OFFICE SHALL USE MONEY IN THE ELECTRIC VEHICLE GRANT FUND,CREATED IN SECTION 24-38.5-103TO PROVIDE TECHNICAL ASSISTANCE TO MUNICIPALITIES IN ACCORDANCE WITH THIS SUBSECTION(7).
(c) HE COLORADOENERGYOFFICESHALLPRIORITIZE PROVIDING TECHNICALASSISTANCETOCOUNTIESTHATHAVEASIGNIFICANTNUMBER OF DISPROPORTIONATELY IMPACTED COMMUNITIES.
(8) REGARDLESSOFTHEORDINANCEORRESOLUTIONADOPTEDBY THE GOVERNING BODY OF A MUNICIPALITY IN ACCORDANCE WITH SUBSECTION (2)(aOF THIS SECTIO,A MUNICIPAL PERMITTING AGENCY SHALL,WITHINTHREEDAYSAFTERTHEDATETHEMUNICIPALPERMITTING AGENCY MAKES THE DETERMINATION TO APPROVE ,CONDITIONALLY APPROVE ,OR DENY AN APPLICATIO,SEND NOTICE TO AN APPLICANT FOR AN EV CHARGER PERMIT THAT STATES THE MUNICIPAL PERMITTING AGENCY S DETERMINATION ON THE APPLICANT S EV CHARGER PERMIT APPLICATION.
SECTION4.
InColoradoRevisedStatutes,24-38.5-102,amend (1)(l) and (1)(m);
and add (1)(n)1)(o) as follows:
24-38.5-102.
Colorado energy office - duties and powers - definitions.
(1) The Colorado energy office shall:
(l) Develop basic consumer education or guidance about leased solar installation and purchased solar installation in consultation with -19- 1173 industries that offer these options to consumers;
and (m) Inconsultationwiththeappropriateindustries, developbasic consumer education or guidance about purchased or, if available, leased installation of a system that uses geothermal energy for water heating or spaceheatingorcoolinginasinglebuildingorforspaceheatingformore than one building through a pipelinerk;
(n) DEVELOP AND PUBLISH ANEV CHARGER PERMITTING MODEL CODE THAT CONTAINS GUIDELINES FOR THE ADOPTION OFEV CHARGER PERMIT STANDARDS AND PERMITTING PROCESSES FOR COUNTIES AND MUNICIPALITIES IN ACCORDANCE WITH SECTIONS 30-28-213 (3)AND 31-23-316 (3)AND (o) PROVIDE ASSISTANCE AND SUPPORT TO A BOARD OF COUNTY COMMISSIONERS OR THE GOVERNING BODY OF A MUNICIPALITY IN DEVELOPING ORDINANCES OR RESOLUTIONS FOR THE PERMITTING OF ELECTRIC MOTOR VEHICLE CHARGING SYSTEMS IN ACCORDANCE WITH SECTIONS 30-28-213 (7AND 31-23-316 (7).
SECTION5.
InColoradoRevisedStatutes,24-38.5-103,amend (1)(a) as follows:
24-38.5-103.
Electric vehicle grant fund - creation - administration - legislative declaration.
(1) (a) (I) There is hereby created in the state treasury the electric vehicle grant fund, referred to in this section as the "fund".
The Colorado energy office shall use the fund to:
(A) Provide grants to state agencies, public universities, public transit agencies, local governments, landlords of multifamily apartment buildings, private nonprofit or for-profit corporations, and the unit owners'associationsofcommoninterestcommunitiesasdefinedinarticle -20- 1173 33.3 of title 38 to install charging stations for electric vehicles;
(B) The Colorado energyoffice mayalso use the fund OVERC the administrative costs of providing these grantPURSUANT TO SUBSECTION (1)(a)(I)(AOF THIS SECTIO;AND (C) PROVIDEANALYSISANDTECHNICALSUPPORTRELATEDTOTHE DEVELOPMENT ,PERMITTING,AND ENERGIZATION OF ELECTRIC VEHICLE CHARGING STATIONS ,INCLUDING PROVIDING TECHNICAL ASSISTANCE TO COUNTIES AND MUNICIPALITIES IN ACCORDANCE WITH SECTIONS 30-28-213 (7)AND 31-23-316 (7).
(II) The Colorado energy office shall prioritize these grants PROVIDED PURSUANT TO SUBSECTION (1)(a)(OF THIS SECTION based upon:
(I) Repealed.
(II) (A) The extent to which the proposed recipients' charging locations are likely to effectively serve existing electric vehicles or encourage the acquisition of additional electric vehicles;
(III)(B) Theextenttowhichoneormorechargingstationswould not be installed but for the financial assistance provided by a grant from the fund;
and (IV)(C) AnyothercriteriadefinedbytheColoradoenergyoffice.
SECTION 6.
Act subject to petition - effective date.
This act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if a referendumpetition is filed pursuant to section 1 (3)of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in -21- 1173 November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
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