Butte County Municipal Code Art. VIII Electric Vehicle Charging Stations

The following findings are hereby made:

a. The State of California in 2015 adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and

b. Section 65850.7 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of electric vehicle charging stations by limiting obstacles to their use and by not unreasonably restricting the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations by minimizing the permitting costs of such systems; and

c. Subdivision (g)(1) of Section 65850.7 of the California Government Code provides that, on or before September 30, 2017, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.7, that creates an expedited, streamlined permitting process for electric vehicle charging stations.

(Ord. No. 4131, § 1, 9-12-17)

The following words and phrases, whenever used in this article, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning:

a. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.

b. "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

c. "Building Official" means the County Building Division Manager/Building Official or his or her designee.

d. "Electric vehicle charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

e. "Electronic submittal" means the utilization of one (1) or more of the following:

(A) Email.

(B) The Internet.

(C) Facsimile.

f. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. No. 4131, § 1, 9-12-17)

A building permit is required to install an electric vehicle charging station. An application for a building permit to install an electric vehicle charging station shall be processed in accordance with Section 65850.7 of the Government Code.

(Ord. No. 4131, § 1, 9-12-17)

a. Butte County is adopting this ordinance in order to create an expedited, streamlined permitting process for electric vehicle charging stations.

b. To facilitate an expedited permitting process, the Building Official is hereby authorized and directed to develop and adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

c. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The checklist shall be published on the Department of Development Services internet website.

d. Prior to submitting an application, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by electric vehicle charging station equipment and associated conduits; and areas of electric vehicle charging station equipment and vehicle parking.

e. An application under this section may be submitted by personal, mailed, or electronic (including electronic signatures on all forms, applications, and other documentation) submittal together with any required permit processing and inspection fees.

f. An application that satisfies the requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

g. Upon confirmation by the Building Official of the application and supporting documentation being complete, meeting the requirements of the checklist, and being consistent with all applicable laws and health and safety standards, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until all required inspections have been finalized by the County. Such approval also does not authorize an applicant to connect the electric vehicle charging station to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

h. An electric vehicle charging station shall meet all applicable health and safety standards and requirements imposed by State and County permitting authorities and shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, the rules of the Public Utilities Commission regarding safety and reliability.

i. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. The Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an Association, as that term is defined by Civil Code Section 4080.

j. If the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the applicant shall be required to apply for a conditional use permit. The decision of the Building Official that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety may be appealed to the Planning Commission.

k. When making a decision on a conditional use permit for an electric vehicle charging station, the Planning Commission, as well as the Board of Supervisors on appeal, may not deny the conditional use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

(Ord. No. 4131, § 1, 9-12-17)

a. Inspections shall be required and performed by the Building Division for electric vehicle charging stations.

b. The inspections shall be done in an efficient inspection process, in a timely manner, and should include consolidated inspections when applicable; inspection measures taken should be consistent with safety requirements that ensure that the electric vehicle charging stations are properly installed.

c. If electric vehicle charging stations fail inspections, a subsequent inspection is authorized but need not conform with the requirements of this chapter.

(Ord. No. 4131, § 1, 9-12-17)