2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 23 - PLANNING AND ZONING (§§ 31-23-101 — 31-23-316) › Part 3 - ZONING (§§ 31-23-301 — 31-23-316) › Section 31-23-316 - [Effective 8/7/2024] Electric motor vehicle charging systems - municipal permitting procedures - permit application - approval process - definitions

(1)
Definitions.
As used in this section, unless the context otherwise requires:
(a)
"Administrative review process" means a process:
(I)
In which an EV charger permit is approved, approved with conditions, or denied by administrative staff of a municipal permitting agency based solely on the application's compliance with objective standards set forth in municipal zoning laws or other municipal laws; and
(II)
That does not require a public hearing, a recommendation, or a decision by an elected or appointed public body or hearing officer except as provided in subsection (4)(d) of this section.
(b)
"Colorado energy office" means the Colorado energy office created in section 24-38.5-101.
(c)
"Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).
(d)
"Electric motor vehicle charging system" or "charging system" has the meaning set forth in section 38-12-601 (6)(a).
(e)
"EV charger permit" means the final approval of an application for installation of an electric motor vehicle charging system that a municipality may require to authorize an applicant to commence construction of the charging system and a permit application for an electrical permit established under article 115 of title 12 and issued by the state electrical board.
(f)
(I)
"Municipal permitting agency" means the entity or entities for a municipality that are responsible for issuing an EV charger permit for the construction of an electric motor vehicle charging system.
(II)
"Municipal permitting agency" may include:
(A)
A municipal building department or agency;
(B)
A municipal planning department or agency; or
(C)
A municipal public works or road and bridge department or agency.
(g)
"Objective standard" means a standard that:
(I)
Is uniformly verifiable and ascertainable by reference to an available external or uniform benchmark or criterion by the applicant and municipal permitting agency staff prior to the applicant's filing of an EV charger permit application; and
(II)
Does not require municipal permitting agency staff to make a subjective determination concerning an EV charger permit application.
(2)
(a)
On or before December 31, 2025, the governing body of a municipality with a population of ten thousand or more according to the 2020 federal census shall do one of the following:
(I)
Adopt an ordinance or resolution to incorporate the same standards and permitting process or less restrictive standards and permitting process as the standards and permitting process described in the EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3) of this section;
(II)
(A)
Adopt an ordinance or resolution that establishes objective standards and an administrative review process to be used by the municipal permitting agency during the municipality's review of applications for EV charger permits in accordance with subsections (4) and (5) of this section.
(B)
An ordinance or resolution adopted by the municipality pursuant to this subsection (2)(a)(II) shall be developed in consultation with the local fire department or fire district, any electric utilities serving the municipality, and other relevant stakeholders, as determined by the municipality.
(III)
Adopt an ordinance or resolution that establishes that the municipality does not intend to adopt an ordinance or resolution in accordance with subsection (2)(a)(I) or (2)(a)(II) of this section and that the municipal permitting agency will continue to utilize the municipality's existing permitting review process for EV charger permit applications.
(b)
On or before March 1, 2026, a municipality that is subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office describing the municipality's compliance with subsection (2)(a) of this section.
(c)
On or before January 31, 2027, a municipality subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office regarding each application for an EV charger permit that was received by the municipal permitting agency between December 31, 2025, and December 1, 2026. The report must include:
(I)
The final determination made by the municipal permitting agency for each EV charger permit application; and
(II)
For each EV charger permit application submitted to the municipal permitting agency, the duration between the date that the EV charger permit application was deemed complete by the municipal permitting agency and the date that the municipal permitting agency made a final determination on the EV charger permit application.
(d)
If the governing body of a municipality adopts the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopts an ordinance or resolution in accordance with subsection (2)(a)(III) of this section, the requirements of subsections (4) and (5) of this section do not apply to the municipality.
(3)
(a)
On or before March 31, 2025, the Colorado energy office shall publish an EV charger permitting model code that contains guidelines for the adoption of EV charger permit standards and permitting processes for municipalities.
(b)
The EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3)(a) of this section must be developed in consultation with municipalities, representatives from disproportionately impacted communities, public electric utilities, and other relevant stakeholders, as determined by the Colorado energy office.
(c)
The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall only apply to a municipality's land use and zoning permitting processes and shall not contravene:
(I)
State electrical permitting requirements or procedures;
(II)
Municipal electrical permitting requirements or procedures;
(III)
State electrical inspection requirements;
(IV)
Municipal electrical inspection requirements; or
(V)
National electric code requirements or regulations related to electric motor vehicle charging systems.
(d)
The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall not contain required timelines that a municipal permitting agency must comply with for the review, approval, or denial of EV charger permit applications.
(4)
(a)
A municipal permitting agency shall approve, conditionally approve, or deny an application for an EV charger permit using the municipality's administrative review process to determine if the proposed electric motor vehicle charging system is in compliance with the municipality's objective standards.
(b)
A municipal permitting agency shall not deny or place conditions on an EV charger permit application unless the denial or conditions are for the purpose of reasonably protecting public health or safety.
(c)
If a municipal permitting agency denies an application for an EV charger permit, the municipal permitting agency shall make written findings that the proposed electric motor vehicle charging system would violate the municipality's objective standards or would not be reasonably protective of public health or safety and provide those written findings to the applicant within three business days after the date the municipal permitting agency denies the application.
(d)
An applicant for an EV charger permit that is denied a permit or has conditions placed on the approval of an EV charger permit by a municipal permitting agency may appeal the municipal permitting agency's decision to the governing body of the municipality.
(e)
The requirements of this subsection (4) do not apply to municipalities that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.
(5)
(a)
The municipal permitting agency must make available to prospective applicants for EV charger permits a checklist of all requirements that must be included in an application for an EV charger permit.
(b)
A municipal permitting agency shall review an application for an EV charger permit to confirm that the application sufficiently meets the requirements of the checklist described in subsection (5)(a) of this section.
(c)
A municipal permitting agency shall consider an application for an EV charger permit that satisfies the requirements of the checklist described in subsection (5)(a) of this section a complete application.
(d)
If an applicant for an EV charger permit submits an application that does not meet all the requirements of the checklist described in subsection (5)(a) of this section, the municipal permitting agency shall, within three business days after the date the municipal permitting agency determines the application is not sufficient, send a written notice to the applicant that details all of the deficiencies with the application and any additional information required for the application to be considered complete.
(e)
The requirements of this subsection (5) do not apply to municipalities that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.
(6)
(a)
The Colorado energy office shall provide technical assistance to municipalities to assist a municipality in complying with the requirements of this section, including providing:
(I)
Support for the development and adoption of municipal codes; and
(II)
Materials and support for training municipal permitting agency staff with interpreting and applying EV charger permit standards and processes.
(b)
The Colorado energy office shall use money in the electric vehicle grant fund, created in section 24-38.5-103, to provide technical assistance to municipalities in accordance with this subsection (6).
(c)
The Colorado energy office shall prioritize providing technical assistance to counties that have a significant number of disproportionately impacted communities.
(7)
Regardless of the ordinance or resolution adopted by the governing body of a municipality in accordance with subsection (2)(a) of this section, a municipal permitting agency shall, within three business days after the date the municipal permitting agency makes the determination to approve, conditionally approve, or deny an application, send notice to an applicant for an EV charger permit that states the municipal permitting agency's determination on the applicant's EV charger permit application.
Added by 2024 Ch. 215,§ 3, eff. 8/7/2024.
2024 Ch. 215, was passed without a safety clause. See Colo. Const. art. V, § 1(3).