Section 30-28-212 - Charging station restriction rules prohibited - accessible charging stations - definitions(1) Notwithstanding any authority granted to a board of county commissioners by this part 2, the board shall not adopt an ordinance or a resolution prohibiting the installation of or utilization of electric vehicle charging stations unless the ordinance or resolution is narrowly drafted to address a bona fide safety concern. The board shall not restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle.(2) A county official shall not prohibit the installation of or utilization of an electric vehicle charging station, or restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, unless expressly authorized by ordinance or resolution.(3) Any ordinance or resolution promulgated by the board of county commissioners that prohibits the installation of or utilization of electric vehicle charging stations, or that restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, is subject to judicial review in the district court with jurisdiction over the county. (4)(a) For an electric vehicle charging station constructed or replaced on or after January 1, 2026, no fewer than five percent or one vehicle charging space should incorporate the standards from the access board until applicable regulations are issued by the federal department of justice or the federal department of transportation.(b) As used in this subsection (4): (I) "Access board" means the United States access board.(II) "Electric vehicle charger" means a device with one or more charging ports and connectors for charging electric vehicles.(III) "Electric vehicle charging station" or "charging station" means a common location with one or more electric vehicle chargers.(IV) "Replaced" means substantially modified or substituted with another unit, as indicated by a change in the serial number, electric vehicle supply equipment ID, or EVSE ID, or model name.(V) "Vehicle charging space" means a space to park an electric vehicle for charging.Amended by 2024 Ch. 322,§ 3, eff. 6/3/2024.Added by 2023 Ch. 245,§ 8, eff. 5/23/2023.