Title
A Resolution of the City Council of the City of Colorado Springs, Colorado Establishing that the City of Colorado Springs Does Not Intend to Adopt an Ordinance or Resolution in Accord with CRS § 31-23-316(2)(a)(I) or (2)(a)(II) Concerning Electric Vehicle Charging System Permitting Procedures.
(Legislative)
Located in Council District: All
Presenter:
Johnny Malpica, Senior Comprehensive Planner, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
House Bill 24-1173 concerning electric vehicle (“EV”) charging system permits was approved in May of 2024 (See Attachment 1). The act establishes specific permitting procedures for EV charging systems intended for municipalities with a population of 10,000 or more. While it provides the municipality with some discretion in how to act, it requires compliance via the adoption of an ordinance or resolution by December 31, 2025.
The City of Colorado Springs regulates construction, removal, repair, alteration, reconstruction, and use of buildings, including EV charging systems through an intergovernmental agreement (IGA) with the Pikes Peak Regional Building Department and intends to follow its existing permitting review process. As such, this resolution seeks the approval of the City Council of Colorado Springs to allow for the City to continue using its existing permitting process to review applications for EV charging systems, and as a result will not adopt the Colorado Electric Vehicle Charging Model Land Use Code or adopt the standards and administrative review process required by the act.
Background:
House Bill 24-1173 establishes permitting procedures for EV charging systems and requires that municipalities with a population of 10,000 or more on or before December 31, 2025, take one of the following actions, which in short, are;
1) adopt an ordinance or resolution that incorporates the standards and permitting process described in the Colorado Energy Office’s EV Charging Model Land Use Code (see Attachment 2) or,
2) adopt an ordinance or resolution that establishes the municipality’s own objective standards and administrative review process that is compliant with certain requirements, or
3) adopt an ordinance or resolution that the municipality does not intend to adopt the EV model code or adopt the standards and administrative review process required by the act.
The City of Colorado Springs, being a home rule municipality organized pursuant to Article XX, Section 6 of the Colorado Constitution, has established objective standards and an administrative review process for the EV charging systems permits. The City’s established standards and administrative review process are attained through an IGA with the Pikes Peak Regional Building Department. These standards provide sufficient, reasonable, and objective standards, as well as an administrative review process for the review of EV Charging systems, and as such it is determined that City Code is likely sufficient to address the requirements of C.R.S. § 31-23-316(2)(a)(II).
Considering this, and in giving deference to Resolution No. 161-25, the City seeks approval from the City Council of Colorado Springs, Colorado in adopting a resolution that establishes that the City of Colorado Springs does not intend to adopt the Colorado Energy Office’s Electric Vehicle Charging Model Land Use Code or adopt the standards and administrative review process required by the act in accord with CRS § 31-23-316(2)(a)(I) or (2)(a)(II) Concerning Electric Vehicle Charging System Permitting Procedures. Notwithstanding this resolution, future code revisions may entail changes or updates to EV charging systems standards and review processes.
Review Criteria:
N/A
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Recommended Action
Proposed Motions:
Approve the Resolution of the City Council of the City of Colorado Springs, Colorado Establishing that the City of Colorado Springs Does Not Intend to Adopt an Ordinance or Resolution in Accord with CRS § 31-23-316(2)(a)(I) or (2)(a)(II) Concerning Electric Vehicle Charging System Permitting Procedures. (Legislative)
Deny the Resolution of the City Council of the City of Colorado Springs, Colorado Establishing that the City of Colorado Springs Does Not Intend to Adopt an Ordinance or Resolution in Accord with CRS § 31-23-316(2)(a)(I) or (2)(a)(II) Concerning Electric Vehicle Charging System Permitting Procedures. (Legislative)
Summary of Ordinance Language
A Resolution of the City Council of the City of Colorado Springs, Colorado Establishing that the City of Colorado Springs Does Not Intend to Adopt an Ordinance or Resolution in Accord with CRS § 31-23-316(2)(a)(I) or (2)(a)(II) Concerning Electric Vehicle Charging System Permitting Procedures. (Legislative)