ZA-2022-006

Amendments related to Electric Vehicle (EV) charging infrastructure

Over the last year, the state government has taken the following actions toward expanding EV-ready infrastructure in Oregon:

Oregon House Bill 2180 (HB 2180), which passed in May 2021; and
Oregon Administrative Rule (OAR) 660-12-0410, which emerged from the Climate-Friendly and Equitable Communities (CFEC) rulemaking process.

HB 2180 – In May 2021, the Oregon Legislature enacted HB 2180, requiring that all newly constructed buildings include EV-capable electrical service capacity at no less than 20% of the vehicle parking spaces in the garage or parking area. (“EV capable” means that enough electrical capacity is installed to support future EV charging, including the installation of a conduit system labeled for EV charging that extends from the building’s electrical service.) Effective as of July 1, 2022, these new state building code requirements apply to commercial buildings as well as multifamily and mixed-use buildings with five or more dwelling units. In general, jurisdictions are not allowed to exceed requirements of the base building code in the state of Oregon, and specific code language is required in the state building code to allow jurisdictions to establish requirements that exceed base code requirements. HB 2180 (codified in Oregon Revised Statute 455.417) includes an exception allowing jurisdictions to require a higher percentage of EV-capable parking spaces than the base state building code. HB 2180 and the resulting changes to the building code specific to EV charging create an opportunity for the City to explore expanded EV-charging requirements that better reflect the adopted climate goals and policies in the Climate Action Plan and Comprehensive Plan.

Climate-Friendly & Equitable Communities (OAR 660-12-0410) – On March 10, 2020, Governor Kate Brown issued Executive Order 20-04, directing state agencies to reduce climate pollution. In response, the Land Conservation and Development Commission (LCDC) initiated an update to Oregon's Transportation Planning administrative rules in September 2020. The new rules, adopted in May 2022, apply in Oregon's eight urban areas with populations over 50,000 people, including the Portland Metro region. OAR 660-12-0410 expands requirements for EV-capable (level 2) infrastructure by an additional 20% beyond the 20% HB 2180 requires in the building code. Combined, these rules require new mixed use and multifamily buildings with five or more units to provide EV-capable (level 2) infrastructure serving no less than 40% of parking spaces. (“Level 2” charging capacity uses a 240-volt outlet, is ideal for charging at home, work, or on the road, and typically recharges the EV in just a few hours.)

The changes required by HB 2180 are implemented through the state building code, so it was not necessary to amend the City’s zoning code by July 1, 2022, to be compliant with HB 2180. This now requires that 20% of parking spaces must be EV-ready (level 2) for new commercial development and for new mixed-use or multi-unit residential development with five or more residential units. The CFEC rule requires adoption of the HB 2180 requirements into the zoning code, though only for new mixed-use and multi-unit buildings with five or more residential units and not for new commercial buildings. The CFEC rule requires an additional 20% of parking spaces be EV-ready (level 2), for a total of 40% when combined with HB 2180.

Since HB 2180 gives cities the authority to exceed the state building code requirements of 20% EV-capable parking spaces for multifamily, mixed-use, and commercial buildings, it is worth considering whether to have Milwaukie’s code require more than the minimum. The City Council has indicated support for going well beyond the minimum requirements of the rules. At an August 16 work session, Council directed staff to develop compliance options that would provide opportunities for EV charger installation.

File Number(s)
ZA-2022-006

Application Type(s)
Zoning Text Amendment

Hearing Date(s)
City Council Work Session August 16, 2022
Planning Commission Work Session September 27, 2022
Planning Commission Public Hearing October 25, 2022
City Council Public Hearing November 15, 2022

Current Status
Approved

Staff Contact
Brett Kelver, Senior Planner
503-786-7657
kelverb@milwaukieoregon.gov