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Priority Parking for Hybrid & Electric Vehicles

Kyler Massner (author), Jonathan Rosenbloom & Christopher Duerksen (editors)

INTRODUCTION

Local governments can remove barriers, create incentives, or make requirements that encourage the adoption of hybrid electric vehicles (HEVs) and electric vehicles (EVs). Barriers preventing wide-scale adoption of HEV and EV technology include inefficient permitting processes and inaccurate categorization of uses within the development code. Incentives such as free or reduced parking, or requirements such as priority parking minimums, can encourage the adoption of HEVs or EVs. In addition, such programs may create public awareness that works to educate and change purchasing behaviors.

The lack of available EV infrastructure (i.e. charging stations) is a contributing factor in the rate of HEV and EV adoption. The lack of EV infrastructure is partly a result of barriers embedded within the development code.[1] One such barrier is the improper categorization of EV infrastructure.[2] Many local ordinances place electric charging stations in the same category as traditional gas stations. This categorization requires electric charging stations to have the same facilities and safety devices of traditional gas stations. In addition, this categorization prohibits them from many zoning districts which they would be most often used.[3] By accurately categorizing and defining EV infrastructure as different than traditional gas stations, local governments can remove barriers that impede investment and expand the availability of EV infrastructure.

Local governments may also consider creating incentives by establishing priority parking programs or requiring minimum priority parking stalls that encourage the adoption of HEVs and EVs. Priority parking programs are flexible and able to take advantage of existing parking infrastructure with little to no additional costs for local government.[4] Incentives can be either non-monetary or monetary.[5] Non-monetary incentives are benefits such as parking near entrances, while monetary incentives include discounted or free parking rates for owners of HEVs and EVs.[6] Such regulations can stipulate how much parking must be set aside for use by HEVs and EVs and/or how many electric charging stations are required to be installed.[7]

EFFECTS

In 2015, the U.S. transportation sector was the second largest emitter of greenhouse gases, representing 27% of total U.S. emissions.[8] Incentivizing the transition to HEVs and EVs provides an opportunity to move toward long-term reductions in greenhouse gas emissions. It also facilitates the reduction of other forms of air pollution and reduces reliance on foreign oil. [9] Electrifying the transportation sector can drastically reduce smog and harmful ground level ozone, and thus provide a variety of health benefits.[10]

Both state and federal governments have passed laws and regulations that decrease costs and create incentives for the adoption of HEVs and EVs.[11] To achieve the highest adoption rates of HEVs and EVs, the best practice is to offer multiple, simultaneous, and parallel incentive structures such as investing in EV infrastructure, diversifying financing options, making more robust purchasing incentives, and offering other non-monetary benefits (e.g. priority parking).[12] States that had the most incentives had approximately two to four times the national average in sales of HEVs and EVs.[13]

EXAMPLES

Chelan, WA

The City of Chelan, WA encourages the use of EVs by eliminating barriers that impede installation of electric charging infrastructure. First, the City defines what an EV charging station is and then places it into three categories. This clarification encourages installation of EV infrastructure by removing barriers in the development code and providing construction standards.[14] By doing such, the City clearly establishes where charging stations can be located, and eliminates unnecessary zoning barriers that would have kept smaller charging stations from residential zones.[15] As a result, smaller charging stations are allowed in all zoning districts, while larger stations are either permitted or are granted approval upon a conditional permit in commercial or industrial zones. Furthermore, such clarification no longer requires charging stations to have the same safety infrastructure as traditional gas stations.[16]

The City also incentivizes the use of EV charging stations by allowing developers to include charging stations in the calculation for minimum parking requirements. A common disincentive to the construction of charging infrastructure is how it relates to minimum parking requirements. Often EV charging stations do not count toward minimum parking requirements. This unnecessarily requires developers to add extra conventional parking spaces at a significantly increased costs. The City of Chelan removes this disincentive by permitting developers to include an electric charging station within the calculations for the minimum required parking spaces.

To view the provision, see City of Chelan, WA, Municipal Code § 17.63 (2018).

Atlanta, GA

The City of Atlanta recognizes the importance of EVs and HEVs and their ability to reduce harmful emissions, improve air quality, and further the City’s commitment to increasing local sustainability.[17] The City facilitates the adoption of EVs and HEVs by investing in EV infrastructure and removing barriers within the City’s codes.[18] First, the City accurately defines EV infrastructure and distinguishes it from traditional gas stations. The ordinance describes the different types of charging stations and provides regulations for their use. The City also removes a regulatory obstacle that would have converted surface parking areas into a “service station” because of the presence of an electric charging station. Such clarification removes unnecessary burdens and increases the availability and opportunities to construct EV infrastructure.

To view the provision, see City of Atlanta, GA, Code of Ordinances § 16-29.0019(56) (2014); City of Atlanta, GA, Ordinance No. 2014-53 (14-01278) (May 12, 2014).

ADDITIONAL EXAMPLES

Georgetown, TX, Code of Ordinances § 10.16.090 (2013) (prohibiting non-electric vehicles from parking in designated electric vehicle charging stations).

Jersey City, NJ, Code of Ordinances § 332-28.1 (2017) (stating the purpose of the ordinance is to reduce GHG and encourage HEV/EV adoption; and defining categories of charging stations and empowering the police department with the ability to enforce).

City of Arcadia, CA, Code of Ordinances § 9103.07.140 (2018) (reviewing Authority has the power to require multifamily housing developments, new parking facilities with over 100 parking spaces, or redesigned facilities with over 150 parking spaces to have EV infrastructure).

ADDITIONAL RESOURCES

Office of Transportation and Air Quality, Fast Facts: U.S. Transportation Sector Greenhouse Gas Emission 1990-2015, EPA (July 2017), https://perma.cc/PTC8-GMWZ (last visited June 19, 2018).

Office of Energy Efficiency and Renewable Energy, Electric-Drive Vehicles, DOE (Sept. 2017), https://perma.cc/R3AX-XAM9 (last visited June 19, 2018).

Yan Zhou, Todd Levin, & Steven E. Plotkin, Plug-in Electric Vehicle Policy Effectiveness: Literature Review, Argonne National Laboratory: Energy Systems Division (May 2016), https://perma.cc/2CNP-AB9E (last visited June 19, 2018).

 

CITATIONS

[1] Benjamin Jacobs, Zero Emission Vehicle Municipal Handbook: A Land Use Guide for Cities and Towns, Rhode Island Office of Statewide Planning 12-13 (May 15, 2017), http://perma.cc/8URS-3V6M (last visited May 31, 2018).

[2] Id. at 15-16.

[3] Id.

[4] Id. at 14.

[5] Id.

[6] Id.

[7] Id. at 21-22.

[8] Office of Transportation and Air Quality, Fast Facts: U.S. Transportation Sector Greenhouse Gas Emission 1990-2015, EPA (July 2017), https://perma.cc/PTC8-GMWZ (last visited June 19, 2018); Office of Transportation and Air Quality, Greenhouse Gas Emissions from Typical Passenger Vehicle, EPA (March 2018), https://perma.cc/PL5P-A5UT (last visited June 19, 2018).

[9] Office of Transportation and Air Quality, supra note 8; Alternative Fuels Data Center, Benefits and Considerations of Electricity as a Vehicle Fuel, DOE, https://perma.cc/24T4-LA4Q (last visited June 4, 2018).

[10] Luke Tonachel, Study: Electric Vehicles Can Dramatically Reduce Carbon Pollution from Transportion, and Improve Air Quality, NRDC (Sept. 17, 2015), http://perma.cc/E3ZJ-PATE.

[11] David Block, John Harrison, Paul Brooker, Electric Vehicle Sales for 2014 and Future Projections, Electric Vehicle Transportation Center 8 (March 30, 2015), https://perma.cc/FND8-X9V8.

[12] Yan Zhou, Todd Levin, & Steven E. Plotkin, Plug-in Electric Vehicle Policy Effectiveness: Literature Review, Argonne National Laboratory: Energy Systems Division 20 (May 2016), https://perma.cc/2CNP-AB9E (last visited June 19, 2018).

[13] Id.

[14] City of Chelan, Wash., Chelan Municipal Code § 17.63.020 (2011).

[15] Id.

[16] Id.; Jacobs, supra note 1, at 15.

[17] City of Atlanta, GA, Ordinance No. 2014-53 (14-01278) (May 12, 2014).

[18] City of Atlanta, GA, Code of Ordinances § 16-29.0019(56) (2014).


Please note, although the above cited and described ordinances have been enacted, each community should ensure that newly enacted ordinances are within local authority, have not been preempted, and are consistent with state comprehensive planning laws. Also, the effects described above are based on existing examples. Those effects may or may not be replicated elsewhere. Please contact us and let us know your experience.