Modoc County Municipal Code Ch. 15.05 Permitting Process for Electric Vehicle Charging Systems

This chapter shall be known and may be referred to as the "Modoc County Electric Vehicle Charging Station Permit Expediting Provisions". The terms, phrases, and words used in this chapter shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.

(Ord. No. 360, 12-15-2020)

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific, adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7.

(Ord. No. 360, 12-15-2020)

A. "Electronic submittal" means the submittal by email, the internet, or facsimile.

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

C. "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. 360, 12-15-2020)

Consistent with Government Code Section 65850.7, the building official shall develop and implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. 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. All documents required for the submission of an application, including the county's adopted checklist, shall be made available on the county's publicly-accessible website.

(Ord. No. 360, 12-15-2020)

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have 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 charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the county's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the county's adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with CA Government Code Section 65850.7, approve the application and issue all necessary county permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the county. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documents. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

D. All fees prescribed for the permitting of electric vehicle charging systems shall comply with Government Code Section 65850.55, Government Code Section 66016, and State Health and Safety Code Section 17951, as applicable.

(Ord. No. 360, 12-15-2020)

A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official's authority to address higher priority life-safety situations. If the building official makes a written finding based on substantial evidence that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety, as defined in this chapter, and that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, then the county may require the applicant to apply for a use permit.

B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code 4080.

C. 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.

D. The decision of the building official to approve or deny the application to install an electric vehicle charging station may be appealed to the county planning commission.

(Ord. No. 360, 12-15-2020)

A. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufactures Association, and accredited testing laboratories such Underwriters Laboratories and, where applicable, the rules of the public utilities commission regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet or exceed the requirements of Article 625 and all applicable provisions of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electrical device.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electric Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

(Ord. No. 360, 12-15-2020)