Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: January 8, 2026 Agenda Title Consideration of a motion to adopt Resolution 1371 affirming the commitment to supporting electric vehicle adoption while opting out of the Colorado EV Charger Permitting Model Code and other state standards.

Staff Contact • •

Carolyn Elam, Sustainability Senior Manager, Climate Initiatives Brad Mueller, Director of Planning and Development Services

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Resolution 1371 affirming the commitment to supporting electric vehicle adoption while opting out of the Colorado EV Charger Permit Model Code and other state standards, related to Colorado HB24-1173, An Act Concerning Streamlining the Process for Permitting Electric Moter Vehicle Charging Systems.

Executive Summary The purpose of this item is to adopt a resolution to comply with the HB24-1173, An Act Concerning Streamlining the Process for Permitting Electric Moter Vehicle Charging Systems. by the State of Colorado's deadline of December 31, 2025. In 2024, the state of Colorado passed an Act Concerning Streamlining the Process for Permitting Electric Moter Vehicle Charging Systems (HB24-1173) to encourage local governments to adopt land use permitting processes and standards for public charging

projects to foster more streamlined, transparent, and consistent permitting processes. Municipalities with a population of 10,000 or more are required to take at least one of the following compliance actions by December 31, 2025: •

• •

Option 1: Adopt the permitting processes and standards from the Electric Vehicle (EV) Charger Permitting Model Code developed by Colorado Energy Offices (CEO); or Option 2: Adopt administrative processes and objective standards for EV charger permits as prescribed by HB24-1173; or Option 3: Adopt an ordinance or resolution stating that the local government does not wish to change its existing land use codes and opts out of revising its codes.

HB24-1173 was passed to support achievement of state greenhouse gas (GHG) reduction goals by encouraging the rapid development of a network of EV charging systems to support EV. The bill intends to facilitate the permitting of EV charging systems by streamlining local government review processes for EV charging infrastructure. Adopting the state model code or revising existing code to mirror the standards prescribed by HB 24-1173 would require substantial revision to the Boulder Revised Code (BRC), diverting staffing resources away from other priorities. In evaluating which pathway to pursue, staff considered this resource need balanced against any incremental benefits that could be achieved. Based on review of existing practices and the already-realized successes of EV charging infrastructure in Boulder, staff do not feel sufficient incremental benefit would be realized to warrant the necessary resource investment. Therefore, staff recommend achieving statutory compliance by December 31, 2025, through Option 3, adopting a resolution to opt out of revising the city’s codes.

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved, the city will continue to follow its current standards and procedures for EV charging infrastructure and, on or before March 1, 2026, the City Manager will submit a copy of this Resolution to the Colorado Energy Office to document the city’s compliance with HB24-1173.

Define and adopt a modified motion

Council would need to define any modifications or amendments to the draft motion language. This will likely require staff to bring back an amended version to the first City Council meeting in January 2026.

Deny the motion or take no action

If this motion is denied the city will be non-compliant with HB24-1173 effective January 1, 2026.

Refer back to staff

If council refers this item back to staff, staff will seek to return to City Council as early as possible in 2026. The city will become non-compliant with HB24-1173 effective January 1, 2026.

Alignment with City Plans and City Council History Sustainability, Equity, and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area Responsibly Governed Environmentally Sustainable Citywide Strategic Plan Not applicable. Staff Notes This effort supports the SER goal of Responsibly Governed, by ensuring the city is in compliance with state regulation, and the goal of Environmentally Sustainable, by continuing to accelerate progress towards the community’s ambitious climate and energy goals by supporting EV adoption.

Alignment with Additional City Plans While this item is driven by Colorado statute, supporting EV adoption aligns with the Boulder Valley Comprehensive Plan and the Climate Action Plan.

City Council History This item has not previously been brought to council and is not an identified council priority. The intent of bringing the item forward is to achieve compliance with the statutory requirements imposed by HB24-1173.

Analysis According to analysis conducted by the Colorado Energy Office (CEO), there has been disparate treatment of EV charging across Colorado jurisdictions. Even within a single jurisdiction, comparable applications can be treated differently due to individual interpretation by reviewing staff. Certain jurisdictional practices can both increase the cost and limit the deployment of charging infrastructure. Specific issues identified include:

• • • • • •

Not allowing parking spaces allocated to EV charging to count towards minimum parking requirements Prohibition of EV charging based on zoning Disincentivizing charging access for accessible parking Onerous requirements for screenings and setbacks Conflict between landscaping and screening requirements and national electric code (NEC) Unpredictable permitting processes and application requirements

HB 24-1173 recognized that such barriers to charging infrastructure deployment can undermine achievement of state targets for EV adoption and GHG reductions and sought to reduce these barriers by streamlining local government review processes and standards. Municipalities with a population of 10,000 or more are required to take at least one of the following compliance actions by December 31, 2025: • • •

Option 1: Adopt the permitting processes and standards from the EV Charger Permitting Model Code developed by CEO or less restrictive standards; or Option 2: Adopt administrative permitting processes and solely objective standards for EV charger permits as prescribed by HB24-1173; or Option 3: Adopt an ordinance or resolution stating that the local government does not wish to change its existing land use codes and opts out of revising its codes.

Jurisdictions are required to submit documentation of compliance to CEO no later than March 1, 2026. HB24-1173 also tasked CEO with developing a model code for compliance option 1. Existing City Treatment of EV Charging Infrastructure According to Charge Hub, there are 432 publicly-accessible EV charging ports in Boulder, including 42 Level 3 Fast Chargers. While Boulder represents less than 2% of the state’s population, it hosts 8% of the state’s public EV chargers and 3% of its fast chargers. Under current Boulder Revised Code (BRC) applications that include EV charging as part of development or that add EV charging to an already developed site treat EV charging infrastructure as accessory uses to a primary use on the property and, therefore, construction of the charging infrastructure. Review of the addition of such infrastructure to a development is typically only subject to administrative review processes. To date, Boulder has not received an application for a vacant property or redevelopment of a property solely for charging stations and no other use. If such an application were received, staff would have to determine how to classify the use as it is not by itself listed

in Boulder's use table and would then have to treat the EV charging use consistent with the standards for the use it is classified under. Staff would determine which use type EV charging is to be classified as based on precedents, similar situations, and relative impacts, and such EV charging would likely be classified as parking as a principal use. In many zones, parking as a principal use requires a use review. Staff consider this scenario highly unlikely given that the charging industry relies on partnerships with retail, service or parking providers rather than land acquisition as the strategy to lower the upfront cost of deployment. Staff have found no evidence that EV charging could be financially viable in Boulder if it required the charging provider to procure land solely for the purpose of EV charging, particularly given property values in Boulder. Thus, while EV charging is not defined as a by right use in Boulder’s land use codes, the classification as accessory use achieves the same result in terms of EV charging infrastructure being broadly allowed and possible subject to administrative review. State Standards The model code and associated guidance developed by CEO identifies 13 Definitions and 12 Standards that jurisdictions must include in their land use codes, either as new code language or by referencing existing code language. Jurisdictions may also adopt less restrictive standards than those developed in the model code. In addition, CEO identifies 6 optional Standards and makes 7 recommendations for permit processing. The full guide can be accessed from CEO’s website. Staff analyzed these definitions, standards and recommendations based on current City practice. Staff also considered the resource needs for the city to adopt the state’s model code or compliance Option 2. Compliance Option 2 would require adoption of administrative review processes for EV charger permits subject solely to objective standards and an opportunity to appeal a denial or conditions of approval to the governing body of the municipality. Implementation of these standards would require a full review of existing land use and building codes to identify and address any conflicts, drafting an ordinance, and conducting the public process for such code adoption. The following summarizes staff’s review of the model code standards and process recommendations. •

Standard 1: Permit Applicability Jurisdictions must define Principal Use EV Charging Projects as a land use and clarify which regulations apply. Jurisdictions may only require land use permits for EV charging development that meets the definition of an “EV Charging Project,” [also referred to as Level 3 or DC Fast Charging (DCFC)]. Conversely, jurisdictions may not require a land use permit for other types of EV charging development (i.e. all Level 1 and Level 2 charging). Jurisdictions must allow Level 3 or DC Fast

Charging as a use by-right, reviewed through an administrative approval process in most zoning districts. The city would need to amend its land use code to fully comply with this requirement. While the city does not explicitly comply with the requirement, the outcomes intended from this requirement are already achieved in practice due to the practical nature of charging infrastructure projects in Boulder and the city’s treatment of charging as an accessory use for already developed sites. As previously noted, unless an applicant seeks to develop a vacant lot or redevelop a lot solely for the purposes of EV charging, the city has treated EV charging as an accessory use. Further, it is highly improbable that the city would receive a permit to develop a vacant property solely for the purposes of Level 1 or Level 2 charging. If issues such as this arose in the future, the city could evaluate whether actual barriers exist to ensure the city meets the spirit of the legislation. •

Standard 2: Permit Review Process Jurisdictions must review land use permit applications for EV Charging Projects using the applicable permitting processes from the zoning district where projects are proposed (see Standard 5). For EV Charging Projects where the approval process is ‘Use by Right’ or similar, the permitting process must be similar to an Administrative Review Process (Definition 8). For EV Charging Projects where the approval process is ‘Conditional Use’ or similar, the permitting process must be similar to a Conditional Review Process (Definition 9).

Discussion: The city would need to amend its land use code to fully comply with this requirement. The city would also have to develop new permit workflows in EnergyGov. Other than the highly unlikely scenario of developing a vacant lot solely for the purposes of EV charging, an administrative review process is currently generally used for EV charging permits, so the city partially meets this standard. Note that application review processes may change depending on whether other changes are proposed on a site and particular applications and their consistency with otherwise generally applicable standards, such setbacks and usable open space requirements. •

Standard 3: Existing Primary Use Conformance Updates Jurisdictions may not require existing land uses on the same Subject Property as a proposed Accessory Use EV Charging project to make site improvements or otherwise conform with land use regulations, unless the existing land uses propose simultaneous changes to their use, structures, or site that would otherwise require such conformance.

Discussion: The city currently complies with this standard.

•

Standard 4: Regulation of Primary Use EV Charging Stations Jurisdictions may apply existing regulations from their land use code (or develop new regulations) for Primary Use EV Charging Projects, so long as the regulations are no more restrictive to Primary Use EV Charging than those that apply to similar land uses, such as parking or commercial uses. Whether jurisdictions apply existing regulations or develop new regulations, they must define Primary Use EV Charging Projects as a land use and clarify which regulations apply to Primary Use EV Charging Projects.

Discussion: The city’s land use code does not currently define Primary Use EV Charging Projects as a land use, nor does it expressly address which regulations apply to such a project. •

Standard 5: Permitting by Zoning District Primary Use EV Charging Projects and Accessory Use EV Charging projects shall be permitted as a use by right in most land use contexts, except for low-density housing land use contexts where they may be prohibited or permitted as a conditional use subject to a public hearing.

Discussion: The city is partially in compliance with this standard. The city would need to carefully analyze its land use code in this regard and amend its land use code to fully comply with this requirement to address vacant lot development solely for Primary Use EV Charging Projects. •

Standard 6: Parking Any parking space served by an EV Charging Port or any parking space used to site EV Charging Stations or Equipment must be counted toward applicable parking minimums (as defined in [this Code/Section X]) as at least one standard automobile parking space.

Discussion: The city currently complies with this standard. •

Standard 7: Parking Any van-accessible parking space that is designated to accommodate a person in a wheelchair, is served by an EV Charging Port, and is not designated as parking reserved for a person with a disability under C.R.S. 42-4-1208 must be counted as at least two standard automobile parking spaces towards applicable parking minimums.

Discussion: The city currently complies with this standard. The city recently eliminated minimum parking requirements.

•

Standard 8: Parking The design of parking spaces and parking access for all EV Charging Projects shall comply with the US Access Board Design Recommendations for Accessible Electric Vehicle Charging Stations or any applicable accessibility regulations issued by the federal Department of Justice or Department of Transportation, or in state statute.

Discussion: The city currently complies with this standard. Standard 9: Setback For Accessory Use EV Charging Projects, EV Charging Stations and Equipment, [and any required screening material], shall be permitted within designated setbacks of the Subject Property, or, if not permitted, must allow such infrastructure to be approved where siting of equipment outside of the setback is infeasible. Discussion: The city does not generally allow placement of EV infrastructure within setbacks. This limitation does not extend to the electric distribution facilities that service the EV charging infrastructure. The setback requirement can be modified in site review, but many properties in the city are not subject to a site review. Complying with the model code standard to create more explicit allowance of EV infrastructure with the setback would require amendment to the code. Standard 10: Equipment The appearance, materials, and dimensions of EV Charging Stations and Equipment shall be determined by current EV Charging manufacturing standards and utility design standards or must limit material and appearance of EV Charging Stations and Equipment to stylistic elements that do not impact functional needs. Discussion: The city does not currently have specific standards for EV infrastructure and would have to review and potentially amend its generally applicable design standards to comply with this model code standard. Standard 11: Screening and Landscaping Jurisdictions are encouraged not to require screening for Accessory Use EV Charging Projects. Discussion: This is an encouragement rather than an explicit requirement. As a typical practice. Depending on the review type and extent of the development proposal, the city may impose some screening for EV charging infrastructure. Standard 12: Screening and Landscaping Jurisdictions may not require screening or landscaping to be located within the electrical equipment safety and access distances from national electrical safety

standards, including National Fire Protection Association (NFPA) standards, the National Electric Safety Code (NESC), and other relevant national safety standards. Discussion: The city currently complies with this standard. State Recommendations In addition to the standards, CEO provides the following process recommendations: Recommendation #1: Implement a new application form and land use permit type specific to EV charging development to make the process simple, clear, and easy for prospective applicants. While staff have identified the opportunity to make the requirements clearer on the city’s web site to ensure there is clarity and are working to implement such improvements, staff do not support implementing this recommendation. EV charging infrastructure is already considered within the electrical permit workflow and within more broadly applicable processes under the land use code. Creating a whole separate process would create additional process complexity within Boulder’s codes and would require resource allocation without clear benefit. As noted, substantial EV charging infrastructure has been successfully permitted through the existing administrative review process without known issue or perceived barrier. Recommendation #2: Use an all-online application system, if feasible, where application materials can be accessed and submitted, review status can be tracked, and approval can be received. This recommendation is consistent with the city’s existing electronic permitting system. Therefore, this recommendation has already been met. Recommendation #3: Hold pre-application meetings to discuss application requirements, standards, process, etc. The city currently provides both self-service and direct customer-service options to applicants. Therefore, this recommendation has already been met. Recommendation #4: Assign a single staff point of contact to applications. Staff understand that this recommendation was made by CEO to achieve more predictable outcomes for applicants. CEO’s analysis of other jurisdictions identified inconsistencies of interpretation and treatment, including were, within a single jurisdiction, comparable applications would have different levels of permit success. However, staff do not support adopting this recommendation in Boulder’s case as it can create an unnecessary bottleneck if the single point of contact is capacity constrained or otherwise unavailable. Staff also found no evidence that EV charging infrastructure permit applications receive inequitable treatment under the city’s current processes. As

noted, the city requires just a simple electrical permit for the installation of EV charging infrastructure and such infrastructure is administratively reviewed for its compliance with electrical code. Recommendation #5: Use parallel department review that includes the consolidation of comments by the assigned staff contact. Not applicable as previously discussed. Recommendation #6: Use parallel review for all permits required for EV Charging projects (e.g. electrical permit, building permit, etc.). At the building permit level, the city only requires an electrical permit for EV charging equipment. To the extent that the EV charging equipment is part of a project that also involves construction or modification of a structure, the building permit for the structure would serve as the primary permit with referenced electrical permit and the package of permits would be treated as a package for the purposes of review. If the subject property is subject to a development review approval, an additional approval process may be required prior to the building/electric permit process. Therefore, this recommendation has been partially met. Recommendation #7: Conduct internal training for all department staff involved in the review of EV Charging applications to ensure consistent interpretation and review outcomes. It is common practice for the city to train department staff on amendments to the code to support consistent application and interpretation of requirements. Therefore, this recommendation has already been met. Summary Staff’s analysis found that the city largely meets the expectations of HB24-1173 in spirit even though the city does not comply with every prescribed element of the statute. The main gap between the state mandate and Boulder’s code deals with a principal use case that is unlikely to exist in Boulder - development of vacant land or redevelopment of land solely for the purpose of EV charging. As council is aware, processes to update land use codes are lengthy and resource intensive. Given statute affords jurisdictions the option to opt out of the prescriptive requirements, staff’s analysis finds this pathway to be the preferred option to meet the state’s compliance deadline of December 31, 2025, when balancing cost verses potential benefits. Adoption of Resolution 1371 to bring the city into compliance with HB24-1173 by end of 2025, does not prevent the city from amending its land use code in the future to implement different EV Charging Project standards and processes.

Equity Analysis This effort is intended to bring the city into compliance with state statutory requirements; therefore, an equity analysis was not performed.

Fiscal Note Estimated Fiscal Impact Narrative Presuming council concurs with the staff recommendation and adopts the resolution, fiscal impacts would be limited to completing reporting requirements to CEO. This includes the initial filing of the adopted resolution by March 1, 2026, and then an EV Charger Permit report for the 2026 calendar year. Specifically, by January 31, 2027, the city will be required to submit a report to CEO on the permitting duration and outcome for each EV charger land use permit application received between December 31, 2025, and December 1, 2026. Reporting methods will be published by CEO before the deadline. However, CEO notes that subject jurisdictions are not required to track and report EV charger related building and electrical permits. Staff believe these reporting requirements can be met without fiscal impact by these changes into standard work plans for our permitting review and permitting software teams. Staff have not estimated the fiscal impact if council directs staff to pursue amendments to the land use code. Such analysis would need to be informed by council expectations with regard to scope, timing, and breadth of changes that would be required. Current Year Estimated Fiscal Impact Fund(s): 2120FD (P&DS Fund) Department(s): P&DS Program(s): N/A

FY 2025 Budget

FY 2025 Estimated Impact

FY 2025 Net Change

Beginning Fund Balance

$20.43 M

0

0

Total Forecasted Revenue

$14.22M

0

0

Total Estimated Expenses

$16.45M

0

0

Item

Ending Fund Balance(s) After Reserves

$16.01M

0

0

FTE

113

0

0

Three-Year Estimated Fiscal Impact

Item

FY 2025

FY 2026

FY 2027

Total Forecasted Revenue

$14.22M

$15.18M

$17.77M

Total Estimated Expenses

$16.45M

$17.74

$18.33M

Net Estimated Impact

0

0

0

Climate, Resilience, and Sustainability Considerations Accelerating EV adoption supports the community’s goal to achieve carbon neutrality by 2035 and the interim target of a 70% emissions reduction by 2030 as compared to a 2018 baseline. The Boulder community continues to outpace the rest of the state in both EV adoption and charging infrastructure deployment. Staff’s recommendation to opt out of the state EV charging model land use code and other state standards is based solely on resource efficiency and informed by analysis that the city already meets or exceeds the expectations set forth by HB24-1173.

Community Engagement Staff did not conduct direct community engagement on this issue and, instead, relied on operational experience gained through a decade of permitting EV charging projects.

Workplan Considerations For 2026 Work Plan development, staff have presumed that the city will opt out of the model code requirements. Reporting required for compliance would be relatively minimal and can be accommodated within existing work plans.

Next Steps for City Council If the motion is approved, and the resolution is adopted as drafted, this item will be concluded. If council wishes to modify the resolution, staff will seek to return at the first business meeting in January 2026 for council adoption. If council declines to pursue the opt-out pathway, additional discussion would needed to determine the scope, timing and work plan tradeoffs. That said, the opt-out pathway ensures compliance with HB24-1173 by the required date of December 31, 2025, and does not prevent the city from amending its land use code regarding EV charging infrastructure any time in the future.

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Attachment Attachment A – Proposed Resolution 1371