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Jul 14

EV Legislation

  • July 14, 2022
  • Member Memo

I’m writing you this morning to provide you with a brief update on the Mayor’s EV legislation that was heard at this week’s Land Use and Transportation Committee meeting. 

Supervisor Peskin introduced the following amendments, which were unanimously approved by the Committee. The amendments introduced were considered substantive, so the item will need to be heard a second time at next Monday’s, July 18th, Land Use and Transportation Committee meeting. 

Amendments Original File (Approved) 

  • Remove fleet charging as an accessory use from retail (p.7) 
  • Change permitted use to conditional use for fleet charging in PRD districts

During the meeting, Supervisor Peskin intended to duplicate the file with the aforementioned amendments as well as criteria for conditional use authorization for fleets (outlined below), but the duplicate file and its additional amendments are still under review by the City Attorney’s Office and therefore could not be voted on at that time. Supervisor Peskin stated that he intends to introduce the duplicate file during next week’s Committee meeting when the item is heard again, but we will update you should this change. Amendments in the duplicate file must be re-referred to the Planning Commission. 

Amendments Duplicate File (Not approved intended for reintroduction (7/18))

  • Add some findings for fleet use conditional use authorization at (p.14-15) 
    • With regards to conditional use application for a fleet charging use as defined in section 102 of this code in condition to the consideration of the criteria set forth in subsection C above the Planning Commission shall consider the extent to which the following criteria are met: 
      • 1. The proposed fleet charging use will not induce demand for low occupancy vehicles in highly congested areas or transit-rich areas; 
      • 2. Vehicle movement on or around the fleet charging use will not unduly impact the pedestrian spaces or movement transit service bicycle movement or the overall traffic movement;
      • 3. If vehicles accessing the proposed fleet charging use are owned by the one ownership entity that the ownership entity establishes that it has secured sufficient parking spaces for vehicles when not in operation within San Francisco or adjacent counties. 

Public comment was brief—Teamsters 665 supported the amendments introduced by Supervisor Peskin, Young Community Developers and a couple residents opposed the legislation citing equity concerns, and EVGo did not support the amendments introduced by Supervisor Peskin, but asked the Board to consider the following:

  • Require the review and approval of all EV Charging Conditional Use Permits to align with the timelines set forth in California Assembly Bill 970, which requires an EV Charging Permit Application to be reviewed and approved within either 20 or 40 business days, depending on station size.   
  • Allow Fleet Charging as an Ancillary use to Retail EV Charging to proceed as drafted in the original legislation. This will have a direct impact on supporting Retail Public Fast Charging in San Francisco, whereas restricting this ancillary use will definitively result in fewer Retail Public Fast Charging Stations.

Please find the legislation attached and let us know if you have any questions. Thank you for your continued membership. 

Jen

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