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Leon County
Board of County Commissioners Agenda Item#23 May 10, 2022 |
| To: | Honorable Chairman and Members of the Board |
| From: | Vincent S. Long, County Administrator |
| Title: | First and Only Public Hearing to Consider Adopting an Ordinance Amending Section 10-1.101 of the Land Development Code Entitled "Definitions", and Creating a New Section 10-7.545.1 Entitled "Electric Vehicle Charging Station Infrastructure and Electric Vehicle Parking Requirements" |
| Review and Approval: | Vincent S. Long, County Administrator |
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Department/Division Review and Approval: |
Alan Rosenzweig, Deputy County Administrator Ken Morris, Assistant County Administrator Benjamin H. Pingree, Director, Planning, Land Management & Community Enhancement Artie White, Director, Planning Department Barry Wilcox, Director, Development Support and Environmental Management Maggie Theriot, Director, Office of Resource Stewardship |
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Lead Staff/ Project Team: |
Ryan Culpepper, Director, Development Services Cyndel Brunell, Sustainability Manager Nancy Garcia, Senior Planner, Development Services |
Statement of Issue:
This item requests the Board conduct the first and only public hearing to consider adopting a proposed Electric Vehicle Ready Ordinance. The intent of the proposed Ordinance is to facilitate the use of electric vehicles and to further the establishment of a convenient, cost-effective electric vehicle infrastructure that will also accommodate future technology advancement.
Fiscal Impact:
This item has no fiscal impact.
Staff Recommendations:
Option #1: Conduct the first and only public hearing and adopt the proposed Ordinance amending Section 10-1.101 of the Leon County Land Development Code, entitled “Definitions” and creating a new Section 10-7.545.1 entitled “Electric Vehicle Charging Station Infrastructure and Electric Vehicle Parking Requirements” (Attachment #1).
Report and Discussion
Background:
On March 8, 2022, the Board approved the scheduling of a Public Hearing to consider adopting an Ordinance amending the Land Development Code to establish electric vehicle charging provisions to facilitate the use of electric vehicles (EVs). This item requests the Board conduct the public hearing to consider adopting an Ordinance amending Section 10-1.101 of the Leon County Land Development Code, entitled “Definitions” and creating a new Section 10-7.545.1 entitled “Electric Vehicle Charging Station Infrastructure and Electric Vehicle Parking Requirements” (Attachment #1). The intent of the proposed Ordinance is to facilitate the use of EVs and to further the establishment of a convenient, cost-effective electric vehicle infrastructure that will also accommodate future technology advancement. The pursuit of such Ordinance is included as an action item in the County’s Integrated Sustainability Action Plan.
The proposed Ordinance will apply to all development subject to Type A, B, C or D site and development plan review, as outlined in Section 10-7.402 of the Land Development Code (LDC) with the following property classifications: townhomes providing more than three (3) individual units and containing individual garages, multifamily residential proposing common surface parking areas or multilevel parking garages, and commercial. Depending on the property classification and intensity, the Ordinance recommends a certain number of EV ready spaces to be provided. There is no proposed language in the Ordinance pertaining to single-family residential units which would require an amendment to the Florida Building Code.
The proposed Ordinance advances the following FY2022-FY2026 Strategic Initiative from the Leon County Government Strategic Plan:
This particular Strategic Initiative aligns with the Board’s Environment Strategic Priority:
The Integrated Sustainability Action Plan (ISAP) was approved by the Board in 2018 and includes 18 goals and 91 action items with the overarching goal to reduce the county’s greenhouse gas (GHG) emissions by 30% by 2030 based on a 2015 baseline. Fleet management and transportation are key elements in reducing GHG emissions. Fleet Management and Sustainability staff continually work together to implement new technologies and protocols to reach ISAP goals associated with advancing efficiencies in the County’s fleet. These initiatives support goals to reduce fuel consumption, procure electric vehicles, and employ strategies to support efficient driving behavior. To encourage both Leon County citizens and employees to transition to electric vehicles, six electric vehicle charging stations have been installed at various Leon County facilities for use at no charge to the owner of the vehicle. The County fleet will have four fully electric vehicles this year, with plans to transition 30% of the light duty fleet to EVs by 2030. The proposed EV Ready Ordinance supports advancement of EVs in the public realm, furthering the County’s commitment to sustainable transportation.
In recent years, the U.S. passenger EV market has expanded rapidly. Florida is a national leader in EV adoption. It is estimated that in the next few years the price of electric vehicles will fall below the price of a new internal combustion engine vehicle. This price parity with fossil-fuel vehicles is anticipated to mark a major turning point in electric vehicle adoption, as EVs will become more accessible and affordable to the public. This emerging industry is a focus on Federal, State, and local levels and straddles both public and private industry. The implementation of an EV Ready Ordinance would better prepare Leon County to adapt to and meet the evolving demands of the EV market in Florida. It would also complement Section 718.113(8) Florida Statutes, in which the Florida Legislature has declared that the use of electric vehicles “conserves and protects the state’s environmental resources, provides significant economic savings to drivers and serves an important public interest.”
Electric Vehicle Readiness is defined as a plan created to equip new construction or applicable renovations with the necessary infrastructure to later install an EV charging station. Ensuring this infrastructure is installed at the point of construction saves an estimated 75% in comparison to later retrofitting existing building stock. Fostering infrastructure in new construction can help break down a key barrier to EV adoption. In 2021, the cities of Orlando and Winter Park joined the growing list of cities and counties in Florida, including Boca Raton, Miami-Dade County, St. Petersburg, Miami Beach, and Coral Gables, that have implemented an EV Ready Ordinance.
Analysis:
Knowing EVs are an evolving topic, Sustainability staff remain up-to-date with the current state of affairs through regional networks, listening sessions, and resource sharing across municipalities in Florida and nationally. Most commonly, local governments have contributed to the positive momentum of EVs through adoption of EV Ready Ordinances. Transition to an EV friendly domain will require action on all levels of government and between the public and private sector.
Federal and State EV Readiness
In recent years, the U.S. passenger EV market has expanded rapidly with over 1.6 million EVs on the road and more than 80 models of new EVs for sale. It is estimated that 30% of passenger vehicles on the road in 2030 will be electric vehicles. Florida consumers have become a leader in the EV consumer market ranking second nationally with over 65,000 electric vehicles on the road. As of July 2021, Leon County had 893 registered EVs on the road. Despite rapid vehicle growth, Florida currently ranks 30th in EV charging stations per capita. It is estimated there is one publicly available charger for every 30 EVs on the road in Florida.
In response to the rapid increase of EV use in Florida, two reports, the Florida Department of Motor Vehicles (FDOT) EV Masterplan and the Florida Department of Agriculture & Consumer Services (FDACS) EV Roadmap, were released in late 2021. The State and private markets have prioritized current and future investment of EV infrastructure for high population emergency evacuation routes and high traffic tourism corridors. The State’s EV Master Plan and EV Roadmap leave north Florida with no immediate largescale planned investment. Both State reports provide suggestions as to the role local government can play to support growing EV demands, pointing to implementation of an EV Ready Ordinance, as such ordinances are a key method to mitigate the disproportionately high retrofit expenses to install EV charging infrastructure in the future.
In late 2021, the Infrastructure Investment and Jobs Act was signed into law by President Biden which includes $7.5 billion dollars for EV infrastructure - $198 million of which is earmarked for Florida. In February 2022, the U.S. Department of Transportation announced funding will be distributed to states on a formula basis, with Florida’s initial allocation being $29 million to create EV charging station corridors. States will submit plans to the Federal Highway Administration and Joint Office of Energy and Transportation for utilizing the funding. Federal approval of the states’ plans is anticipated by October. As noted above, based upon the FDOT and FDACS reports, no corridors have been prioritized in the North Florida area. As a result, it is not anticipated that Tallahassee or Leon County would benefit from the initial $29 million being allocated to Florida. However, there will be a separate funding opportunity for competitive grants.
Overseen by the Federal Highway Administration, specific guidance for the competitive grants will be published later this year. It is anticipated that local governments will be eligible to apply. Based on a recent meeting between the County and representatives of the U.S. Department of Transportation during the National Association of Counties 2022 Legislative Conference, establishing local partnerships and adopting an EV Ready Ordinance are initial steps that local governments may take to best position themselves to be competitive for future grant funding. As such, this item recommends engaging with the City of Tallahassee and other members of the Capital Area Sustainability Compact (CASC), including the Compact’s administrator, Apalachee Regional Planning Council, to begin identifying locations for charging stations to ensure a plan is ready when grant funding becomes available. Engaging these partners and being prepared for future grant applications has the potential to dramatically expand the community’s charging infrastructure. Staff will continue working with the County’s federal lobbying team, Squire Patton Boggs, and our sustainability networks to be best positioned for the dispersal and use of Federal and State funds.
Proposed Ordinance
As noted, the implementation of an Electric Vehicle Ready Ordinance would better prepare Leon County to compete for grant funding that will be made available under the federal Infrastructure Investment and Jobs Act. In drafting the proposed Ordinance, staff examined industry best practices, including reviewing strategies adopted by several municipalities. Working with organizations such as the Southern Alliance for Clean Energy and the National Electrification Coalition provided further context and insight on evolving State and Federal EV programs. The proposed Ordinance reflects feedback from stakeholder groups within the Office of Sustainability (Insights and Inputs Committee), the DSEM’s Advisory Committee for Quality Growth (ACQG) and the Building Industry Association (BIA).
Electric vehicle readiness is equipping all applicable development with the necessary infrastructure to later install an EV charging station. Instead of utilizing gas for fuel, electric vehicles store electricity in a battery to operate; therefore, availability of charging stations is necessary to ensure continual operation of EVs. For a site to be EV ready it must have sufficient electrical panel service capacity, overcurrent protection devices, wire, listed raceway (conduit), and suitable termination points to support EV charging safely in accordance with National Electrical Code. There are three levels (speeds) of charging:
Ensuring this infrastructure is installed at point of construction saves an estimated 75% in retrofit costs after-the-fact, which can help provide more access to charging infrastructure, which is a key barrier to EV adoption. For most construction projects, EV readiness is estimated to add about $500 - $700 at the point of construction to install the necessary electrical capacity and conduit to a single charging station location. This estimate is only for the installation of the electrical lines necessary for an EV charger to be installed, and not for the charger itself. Conduits installed for EV infrastructure can be used for multiple charging stations, provided there is sufficient capacity which can vary between projects. It is not uncommon to have multiple EV charging stations on a single raceway. After construction, installing this same raceway can cost between $1,500 - $3,000, and is one of the largest expenses associated with installing new EV charging stations. Providing an exact cost estimate disparity from installing EV infrastructure at the point of construction versus after the fact is difficult as there are a number of variables that impact the price, such as electrical panel capacity, which can significantly drive up project costs if it is determined to be insufficient. Despite variables, the most cost-effective way to install EV infrastructure is at the point of construction versus retrofits.
For townhomes, apartment complexes, and small shopping centers, the infrastructure cost of running electrical conduits to multiple parking spaces is relatively similar and will likely range between $500 and $700 per EV parking space to install the necessary components to become EVSE Ready. Larger commercial projects have the potential to exceed this cost estimate depending on the required number of EVSE spaces and the length the conduit must run to serve these spaces. Larger projects must also take into consideration the size of the electric panel and the capacity it can support. EV changing can add significant electrical load and may require upgrades to the electric panel. For a fully packed electrical panel, upgrade costs can range from $500 to $2,500.
The proposed Ordinance will apply to all developments subject to Type A, B, C or D site and development plan review, as outlined in Section 10-7.402 of the LDC, with the following property classifications: townhomes providing more than three individual units and containing individual garages, multi-family residential proposing common surface parking areas or multi-level parking garages, and commercial. Depending on the property classification and intensity, the Ordinance recommends a certain number of EV ready spaces to be provided as follows:
Whether a property is classified as a townhome, multifamily residential or commercial, the minimum speed of charging required is Level 2, or medium speed. The requirements in the proposed Ordinance meet or exceed industry best practices and are in line with other cities and counties in Florida. The Ordinance also permits an owner of new EV ready spaces to charge a fee for the use of such station by a resident, guest, invitee or employee.
The proposed Ordinance (Attachment #1) meets or exceeds industry best practices. Through resources available from the Southern Alliance for Clean Energy, staff were able to cross reference the key aspects of Leon County’s proposed Ordinance to others across Florida and the region. Local interest groups and EV users were engaged to provide feedback on the proposed Ordinance, ensuring it meets current need and future demand. These feedback sessions were critical to the development of the Ordinance and its key features such as the percentage of parking spaces that should be EV ready in any given parking lot.
Stakeholder Meetings:
Staff has already presented this item to the Sustainability Insights and Inputs Committee on January 21, 2022, and to the DSEM ACQG for review and recommendations on February 21, 2022. It was also reviewed by the BIA on April 7, 2022. The ACQG suggested revisions to better differentiate the readiness requirements between the residential developments that are proposing garages versus surface parking lots. The Ordinance has since been revised to reflect the input from the ACQG.
Comprehensive Plan Consistency Determination:
The Planning Department has conducted a consistency review of the proposed Ordinance and has found the Ordinance to be consistent with the Comprehensive Plan. In addition, amendments to the Land Development Code required a consistency review by the Planning Commission at a Public Hearing. On March 1, 2022, the Planning Commission conducted a Public Hearing to determine if the proposed Ordinance was consistent with the Comprehensive Plan. At its March 1, 2022 meeting, the Planning Commission requested staff provide additional clarification as to when the proposed Ordinance would apply to development and continued the item to the April 7, 2022 Public Hearing. Staff revised the Ordinance to apply to any development requiring Type “A, B, C, or D” site and development plan review. At its April 7, 2022 meeting, the Planning Commission voted unanimously to find the proposed Ordinance to be consistent with the Comprehensive Plan and recommended that the Board adopt the Ordinance.
Conclusion
The U.S. passenger EV market has expanded rapidly in recent years. An expanded and connected infrastructure of charging stations will be needed to support future growth, requiring action on all levels of government and between the public and private sector. Federal funding is allocated to assist states in expanding charging infrastructure. The State’s plan will prioritize investment outside of North Florida, with a focus on areas of high tourism and highly populated hurricane evacuation routes. However, there will be a separate federally funded opportunity for competitive grants. Establishing partnerships and the adoption of an EV Ready Ordinance will better posture applicants for success. Upon Board acceptance, staff is prepared to engage the City of Tallahassee and other members of the Capital Area Sustainability Compact in developing a future grant application. Furthermore, upon Board approval a Public Hearing will be scheduled to consider an EV Ready Ordinance, following industry best practice.
As requested by the Board, staff examined the potential for public private partnerships. However, partnerships are generally between utilities and a local judication. Staff have begun discussions of what a potential partnership could look like between the City and County. As the EV industry is emerging, Sustainability staff will continue to stay up-to-date on the latest trends and best practices to support EV advancements in the public realm and within County fleet. Staff will continue to attend listening sessions and receive guidance on Federal and State legislation, grants, and funding opportunities to support the development of EV infrastructure in Leon County.
Notice of the Public Hearing has been published in accordance with the requirements of Florida Statutes (Attachment #4).
Options:
Recommendation:
Option #1
Attachments: