After two days of very contentious testimony, the Building Standards Commission last week approved disabled accessibility regulations for electric vehicle charging stations installed in public parking lots.

When EV charging is provided in an area accessible by the general public it is considered a “public service” for purposes of state and federal civil rights statutes.

Normally, the Division of the State Architect would use federal regulations as the basis for our state regulations. However, the EV industry has developed so quickly that the federal regulators have been unable to keep pace.

In order to stem the tide of “drive-by” ADA lawsuits, DSA began development of state regulations 18 months ago.

Negotiations with the disabled community broke down last October when representatives began demanding that the first EV charging system installed in each parking lot be reserved for “disabled only” drivers.

At that point, negotiations ceased and the 10-member industry coalition, lead by CBPA and CBIA put its support behind the Administrations’ proposal.

In the end, the BSC sided unanimously in favor of the industry supported package. The new standards will be published this summer and will take effect throughout the state on January 1, 2017.

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