ORDINANCE Relating to Electric Vehicle Charging Station Public Use Fee

MODEL ORDINANCE RELATING TO THE DEVELOPMENT OF AN ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AUTHORIZING A PER-SESSION FEE FOR ELECTRIC CHARGING PURPOSES TO BE CHARGED AT CITY-OWNED OR OPERATED ELECTRIC VEHICLE CHARGING STATIONS; AUTHORIZING THE COMMISSIONER OF PUBLIC WORKS TO SET THE PER-SESSION FEE; AND DEFINING GUIDELINES FOR DETERMINING THE AMOUNT OF AND THE ANNUAL REVIEW OF THE PER-SESSION FEE.

[RECITALS should be included to explain the need to develop and adopt this model ordinance]

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL [or its equivalent] OF THE CITY OF ______, as follows:

SECTION 1. Public Electric Vehicle Charging Station Per-Session Use Fee Rates – authority to set.

The Commissioner of Public Works is authorized to set rates for publicly available electric vehicle charging stations, as defined in Section XXXX, in parking facilities owned or controlled by the City of ______.

SECTION 2. Public Electric Vehicle Charging Station Per-Session Use Fee Rates – guidelines.

(a)A per-session fee for public use of electric vehicle charging stations in parking facilities owned or controlled by the City of ______shall be set based on expected operation costs and expected vehicle charging station use. For the purpose of this subsection, “operation costs” shall include electricity costs related to the charging stations, and may include the department of public works’ cost of planning and administration, fees charged by vendors for management services and routine maintenance of the charging stations, facility enforcement costs, and other reasonable costs associated with the electric vehicle charging station operations.

(b)The Commissioner of Public Works shall consult with the Office of Sustainability and the Department of Finance to identify a single per-session electric vehicle charging fee to be used at all City-owned or operated electric vehicle charging stations that is no higher than $4.00 per session (Maximum electric vehicle charging station per-session fee) and, when charging fees are in effect, no lower than $1.50 per session (Minimum electric vehicle charging station per-session fee). The Commissioner is authorized to set the electric vehicle public charging use fee at the level identified during the consultation. All electric vehicle charging station fees will be in addition to general parking fees and inclusive of any taxes. After MONTH 20XX, the Commissioner of public works is authorized to set electric vehicle charging station fees without regard to the maximum and minimum electric vehicle charging per-session fee set forth in this subsection.

SECTION 3. Public Electric Vehicle Charging Station Per-Session Use Fee Rates – report.

The Commissioner of Public Works, the Office of Sustainability; and the Department of Finance will gather data on the use and costs of electric vehicle charging stations. By MONTH 20XX, the directors will provide a report to the Council addressing the use of the charging stations, City operations, and maintenance costs for the stations, revenue obtained from the charging stations, and the customer experience in using the stations. If warranted, the report also will include recommendation to change fees, or the range of fees, to improve customer service and recover City costs.

SECTION 4. Public Electric Vehicle Charging Station Per-Session Use Fee Rates – penalties.

The base monetary penalty for violation of the provision related to electric vehicle charging station shall be in accordance to those set in section XXXX.