SB 3323

Abstract

Creates the Accessible Electric Vehicle Charging Station Act. Requires the Department of Transportation to ensure that charging stations in the State are sufficiently accessible to allow independent use by drivers with disabilities, including people who have limited or no hand dexterity, limb differences, or upper extremity amputations and use adaptive driving controls. Requires chargers designed to serve people who use mobility devices to be located on an accessible route. Provides that the Department shall adopt the technical requirements for accessible routes established under the federal Americans with Disabilities Act of 1990 (ADA) and the federal Architectural Barriers Act of 1968 (ABA), including walking surfaces, curb ramps, and ramps. Establishes that a charging space with mobility features must provide a vehicle space with a minimum width of at least 11 feet and a minimum length of at least 20 feet. Requires chargers to provide a clear floor or ground space. Requires clear floor or ground spaces to meet ADA requirements for ground and floor surfaces, including criteria for firmness, stability, and slip resistance. Provides that a reasonable number of chargers, as determined by the Department, shall comply with ADA operable parts requirements, including technical requirements for clear floor or ground space, reach ranges, and operation. Provides that a connector must allow operation with one hand and no tight grasping, pinching, or twisting of the wrist, and with no more than 5 pounds of force. Provides that all chargers operated or maintained by any entity within the State must comply with the technical requirements for hardware under the federal Rehabilitation Act of 1973. Grants rulemaking authority. Defines terms. Senate Committee Amendment No. 2 Adds language providing that the Attorney General shall have the authority to enforce the Act and that the Attorney General may investigate any complaint or reported violation of the Act and, if necessary to ensure compliance, may do any or all of the following: conduct an investigation to determine if a violation of the Act exists; bring an action for an injunction to require compliance with the Act; bring an action for mandamus; bring an action for penalties; and bring an action for any other appropriate relief. Senate Committee Amendment No. 3 Provides that the Act does not apply to a charger owned by a resident of any of the following if the charger is not used for a commercial purpose: (1) a single-family home; (2) a condominium association; (3) a common interest community association; (4) a master association; or (5) a residential housing cooperative.