LPDD Model Law: Local Ordinance Expediting Permitting for EV Charging Stations

Permitting decisions for EV charging stations are made at the local level, and there is tremendous variation in the levels of expertise and experience among the local authorities having jurisdiction (AHJs) that will be called upon to evaluate the swelling number of EV charging station permitting requests. Currently, applicants seeking permits for EV charging stations face an uneven and sometimes challenging landscape, depending on where they seek to site and operate them.

This proposed model ordinance aims to streamline the permitting of EV charging stations at the municipal and county level. The model ordinance allows each local AHJ to tailor the provisions to other relevant laws and regulations (e.g., electrical standards, building codes, zoning ordinances) and conditions in its jurisdiction. Key provisions of the model ordinance include:

• Allowing EV charging stations in all zoning districts/designations (Section 3)
• Specifying that only EVs may occupy areas designated as EV charging stations, and that it is unlawful for an EV to occupy an EV charging station when not connected for charging purposes (Section 8)
• Setting minimum requirements for the number of parking spaces with EV charging capacity in newly constructed or substantially altered parking facilities serving commercial buildings, industrial buildings, and residential settings (Section 3)
• Requiring AHJs to establish an expedited, streamlined permitting process for EV charging stations and to publish the checklist of requirements for expedited review on the municipality/county website (Section 4)
• Specifying that prior to submitting an application, an applicant or its authorized representative must verify that an EV charging station satisfies all requirements in the municipality’s/county’s adopted checklist, is in conformance with applicable codes and legal requirements, and will not have a “specific, adverse impact” with respect to infrastructure affected by charging station equipment, based on the enumerated criteria (Section 5)
• Allowing permit applications and supporting documentation to be submitted electronically, including with e-signatures rather than wet signatures (Section 5)
• Limiting technical review of a permit application to the local AHJ with a focus on health and safety (Section 6), and expressly stating that no homeowner’s, condominium, or other building association or neighborhood housing authority may prohibit the installation of electric vehicle charging stations, except in very specific circumstances (Section 3)
• Specifying that EV charging station equipment shall meet the requirements of relevant electrical codes and standards, and that the permit applicant is responsible for obtaining authorization and approval to connect the EV charging station to the local utility’s electricity grid (Section 7)
• Requiring an inspection prior to AHJ approval (Section 7)

A model checklist of requirements for expedited EV charging permit applications has been provided to facilitate implementation of Section 4 of the model ordinance. A list of talking points in support of the model ordinance has also been attached below.

These documents were drafted based on publicly available documents by a team at Goodwin Procter, including Martin Miller, Susan Lee and Brennan Meier.  Kevin Healy, of Bryan Cave Leighton Paisner, provided the peer review.