AN ORDINANCE relating to the charging of electric vehicles; authorizing the Director of Finance and Administrative Services, the Director of the Seattle Center Department, the Superintendent of Parks and Recreation, and the Seattle City Librarian to set per-session fees for public use of electric vehicle charging stations in parking facilities owned or controlled by each of their respective departments; making it an infraction and imposing a monetary penalty for an unauthorized vehicle to park in a space reserved for electric vehicle parking while charging; amending Sections 3.39.020, 11.31.121, 17.04.030, and 18.28.010 of the Seattle Municipal Code; adding new Section 11.72.125 to the Seattle Municipal Code; and ratifying and confirming certain prior acts.

WHEREAS, greenhouse gas emissions related to transportation constitute more than fifty percent of all greenhouse gas emissions in the State of Washington; and

WHEREAS, the use of hydro-power, which represents sixty-six percent of Washington's electricity production, as a transportation fuel instead of petroleum fuel, results in significant reductions in the emissions of pollutants including greenhouse gases, is cheaper, and reduces the reliance of the state on imported sources of energy for transportation making electrification of Seattle's transportation one of the most promising opportunities for reducing the carbon impact of our city; and

WHEREAS, the development of electric vehicle infrastructure is a critical step in creating jobs, fostering economic growth, reducing greenhouse gas emissions, reducing our reliance on foreign fuels, and reducing the pollution of Puget Sound attributable to the operation of petroleumbased vehicles on streets and highways; and

WHEREAS, Seattle is one of the first markets in the United States to welcome significant numbers of electric vehicles to our roads, and the creation of a robust charging infrastructure network will remove barriers to widespread adoption of electric vehicles; and

WHEREAS, American Recovery and Reinvestment Act funds have been directed to Seattle for the development of electric vehicle charging infrastructure through the EV Project, for infrastructure in private property, and the Puget Sound Clean Air Agency, for infrastructure in public property; and

WHEREAS, on October 25, 2010, the City Council passed Ordinance 123434 accepting grant funds from the Department of Energy through the Puget Sound Clean Air Agency and allocated through the American Recovery and Reinvestment Act of 2009 for the purpose of installing electric vehicle charging infrastructure; and

WHEREAS, the City has installed electric vehicle charging stations for the use of the City's fleet and is in the process of installing publicly available electric vehicle charging stations in parking facilities owned or controlled by the City; and

WHEREAS, establishing a per-session fee for public use of electric vehicle charging stations in City owned and managed parking facilities would allow for cost recovery, NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 3.39.020 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

3.39.020 Director of Finance and Administrative Services -Functions and Powers

The Director of Finance and Administrative Services' functions and powers include but are not limited to the following:

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S. Set rates for publicly available electric vehicle charging stations in parking facilities owned or controlled by the Department:

1. A per-session fee for public use of electric vehicle charging stations in parking facilities owned or controlled by the Department shall be within rate limits established by this subsection 3.39.020.S. In setting rates, the Director is not subject to Chapter 3.02, Administration of the Seattle Municipal Code.

2. Such per-session fees shall be set based on expected operating costs and expected vehicle charging station use. For the purpose of this sub-section, "operating costs" shall include electricity costs related to the charging stations, and may include the Department's costs 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 vehicle charging station operations.

3. The Director shall consult with the Director of the Office of Sustainability and Environment, the Director of the Seattle Center Department, the Superintendent of Parks and Recreation, and the Seattle City Librarian to identify a single per-session electric vehicle charging fee to be used by all City departments that is no higher than $4.00 per session (Maximum electric vehicle charging station persession fee) and, when charging fees are in effect, no lower than $1.50 per session (Minimum electric vehicle charging station per-session fee). The Director is authorized to set the electric vehicle charging 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 December 31, 2016, the Director is authorized to set electric vehicle charging station fees without regard to the maximum and minimum electric vehicle charging station per-session fees set forth in this subsection.

(( S )) T . Manage the City's fleet and provide services to other public fleets, in accordance with City policy, including policies that address the environmental and financial impacts of the fleet;

(( T )) U . Provide a single point of contact to receive and resolve constituent concerns, questions, and complaints; oversee Citywide compliance in responding to public record requests; provide directory assistance for the City; provide information about City government to the public; present constituent concerns to City departments, and strengthen and ensure coordinated departmental responses; and

(( U )) V . Perform such other activities as may be assigned by ordinance from time to time.

Section 2. Section 11.31.121 of the Seattle Municipal Code, last amended by Ordinance 123659, is amended as follows:

11.31.121 Monetary penalties -Parking infractions.

The base monetary penalty for violation of each of the numbered provisions of the Seattle Municipal Code listed in the following table shall be as shown, unless and until the penalty shown below for a particular parking infraction is modified by Local Rule of the Seattle Municipal Court adopted pursuant to the Infraction Rules for Courts of Limited Jurisdiction ("IRLJ") or successor rules to the IRLJ:

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11.72.125 ELECTRIC VEHICLE CHARGING STATION $42.00

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Section 3. A new Section 11.72.125 is added to the Seattle Municipal Code, as follows:

11.72.125 Electric vehicle parking charging station; electric vehicles.

A. No person shall stop, stand, or park a vehicle other than an electric vehicle within any space marked or signed as reserved for "electric vehicle parking while charging only."

B. It is unlawful to park or permit to be parked any electric vehicle in a space with an electric vehicle charging station that is marked as "electric vehicle parking while charging only" if such electric vehicle is not in the process of charging.

C. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

D. For purposes of this Section, the following definitions apply:

1. "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes:

a. Any "battery electric vehicle," defined as any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries, and produces zero tailpipe emissions or pollution when stationary or operating;

b. Any "plug-in hybrid electric vehicle (PHEV)," defined as an electric vehicle that a) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; b) charges its battery primarily by connecting to the grid or other offboard electrical source; c) may additionally be able to sustain battery charge using an on-board internal-combustiondriven generator; and 4) has the ability to travel powered by electricity;

c. Any "neighborhood electric vehicle," defined as a self-propelled, electrically powered fourwheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations set forth in 49 C.F.R Sec. 571.500;

d. Any "medium-speed electric vehicle," defined as a self-propelled, electrically powered fourwheeled motor vehicle, equipped with a roll cage or crushproof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500.

2. "Electric vehicle charging station" means a public parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle, and that is 1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on-street parking), or 2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots).

3. "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

4. "Non-electric vehicle" means any motor vehicle that does not meet the definition of "electric vehicle".

Section 4: Section 17.04.030 of the Seattle Municipal Code, last amended by Ordinance 118804, is amended as follows:

17.04.030 Director -Powers and duties

The Director shall be the head of the Seattle Center Department and shall, on behalf of the City :

A. (( , e ))Enter into such contracts, leases, concessions and other agreements as are authorized by ordinance and are related to the Seattle Center, Seattle Parking Garage and the Monorail System other than agreements for the furnishing or delivery (or both) of natural gas or any alternative form of energy to or for a Seattle Center facility(( . )) ;

B. (( The Director shall a )) A ppoint and remove, subject to applicable civil service provisions, and supervise and control all officers and employees in his/her Department;

C. (( shall a )) A dvertise events and publicize and otherwise promote the use of Seattle Center facilities;

D. Set rates for publicly available electric vehicle charging stations in parking facilities owned or controlled by the Department:

1. A per-session fee for public use of electric vehicle charging stations in parking facilities owned or controlled by the Department shall be within rate limits established by this subsection 17.04.030.D. In setting rates, the Director is not subject to Chapter 3.02 of the Seattle Municipal Code.

2. Such per-session fees shall be set based on expected operating costs and expected vehicle charging station use. For the purpose of this sub-section, "operating costs" shall include electricity costs related to the charging stations, and may include the Department's costs 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 vehicle charging station operations.

3. The Director shall consult with the Director of the Office of Sustainability and Environment, the Director of Finance and Administrative Services, the Superintendent of Parks and Recreation, and the Seattle City Librarian to identify a single per-session electric vehicle charging fee to be used by all City departments 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 Director is authorized to set the electric vehicle charging 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 December 31, 2016, the Director is authorized to set electric vehicle charging station fees without regard to the maximum and minimum electric vehicle charging station per-session fees set forth in this subsection.

E. (( shall s )) S eek to obtain reasonable revenue from the use of properties under his/her jurisdiction;

F. (( shall k )) K eep a current inventory of all property under his/her jurisdiction;

G. (( shall l )) L ay out, direct, construct, and/or supervise all the public works of the Seattle Center, the Seattle Center Parking Garage and the Monorail System; and

H. (( and shall, t )) T hrough the Mayor, make a quarterly report to the City Council of the revenues and expenses related to the administration and operation of the Seattle Center, the Seattle Center Parking Garage and the Monorail System.

The Director shall be responsible to the Mayor for the administration of the Department.

Section 5. Section 18.28.010 of the Seattle Municipal Code, last amended by Ordinance 123469, is amended as follows:

18.28.010 Fee schedule established

A. The Superintendent of Parks and Recreation is authorized to charge the fees substantially in the form set forth in the fee schedule attached as Attachment 1 to (( the ordinance introduced as Council Bill 117000 )) Ordinance 123469 , and entitled "Seattle Department of Parks and Recreation Fee Schedule, 2011-2012 Fees and Charges," for all uses of Department of Parks and Recreation facilities identified therein.

B. The Superintendent is also authorized to waive or reduce such fees, establish experimental rates, and engage in special promotional and marketing activities described in Attachment 1 as conditioned in Sections 18.28.020 through 18.28.040 hereof. This 2011-2012 fee schedule supersedes all prior fee schedules to the extent inconsistent therewith. All fees and charges shall remain in effect unless they are repealed or amended by ordinance.

C. The Superintendent is authorized to set rates for publicly available electric vehicle charging stations in parking facilities owned or controlled by the Department:

1. A per-session fee for public use of electric vehicle charging stations in parking facilities owned or controlled by the Department shall be within rate limits established by this subsection 18.28.010.C. In setting rates, the Superintendent is not subject to Chapter 3.02 of the Seattle Municipal Code.

2. Such per-session fees shall be set based on expected operating costs and expected vehicle charging station use. For the purpose of this sub-section, "operating costs" shall include electricity costs related to the charging stations, and may include the Department's costs 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 vehicle charging station operations.

3. The Superintendent shall consult with the Director of the Office of Sustainability and Environment, the Director of Finance and Administrative Services, the Director of the Seattle Center Department, and the Seattle City Librarian to identify a single per-session electric vehicle charging fee to be used by all City departments 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 Superintendent is authorized to set the electric vehicle charging 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 December 31, 2016, the Superintendent is authorized to set electric vehicle charging station fees without regard to the maximum and minimum electric vehicle charging station per-session fees set forth in this subsection.

Section 6. The Seattle City Librarian is authorized to set rates for publicly available electric vehicle charging stations in parking facilities owned or controlled by the Library Department:

A. A per-session fee for public use of electric vehicle charging stations in parking facilities owned or controlled by the Library Department shall be within rate limits established by this Section. In setting rates, the Librarian is not subject to Chapter 3.02, Administration of the Seattle Municipal Code.

B. Such per-session fees shall be set based on expected operating costs and expected vehicle charging station use. For the purpose of this sub-section, "operating costs" shall include electricity costs related to the charging stations, and may include the Department's costs 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 vehicle charging station operations.

C. The Librarian shall consult with the Office of Sustainability and Environment, the Director of the Finance and Administrative Services, the Director of the Seattle Center Department, and the Superintendent of Parks and Recreation to identify a single per-session electric vehicle charging fee to be used by all City departments 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 Librarian is authorized to set the electric vehicle charging 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 December 31, 2016, the Librarian is authorized to set electric vehicle charging station fees without regard to the maximum and minimum electric vehicle charging station per-session fees set forth in this subsection.

Section 7. The Director of the Office of Sustainability and Environment, the Director of Finance and Administrative Services, the Director of the Seattle Center Department, the Superintendent of Parks and Recreation, and the Seattle City Librarian will gather data on the use and costs of the electric vehicle charging stations. By December 31, 2012 the directors will provide a report to 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 recommendations to change fees, or the range of fees, to improve customer service and recover City costs.

Section 8. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is hereby ratified and confirmed.

Section 9. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2011, and signed by me in open session in authentication of its passage this _____ day of __________, 2011.

_________________________________

President Richard Conlin of the City Council

Approved by me this ____ day of _________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of _________, 2011

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Sandra Pinto de Bader/SPdB/mm OSE Electric Vehicles ORD September 16, 2011 Version #9b

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