HOUSE BILL 88
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Dayan Hochman-Vigil
AN ACT
RELATING TO ZONING; ENACTING THE ELECTRIC VEHICLE CHARGING STATION ZONING ACT; ESTABLISHING STANDARDS FOR PERMITTING ELECTRIC VEHICLE CHARGING STATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Electric Vehicle Charging Station Zoning Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Electric Vehicle Charging Station Zoning Act:
A. "electric vehicle" means a motor vehicle that derives power from electricity stored in a battery that is capable of being recharged from an external source of electricity;
B. "electric vehicle charging station" means a facility that utilizes electric vehicle supply equipment to transfer electricity at any level to an electric vehicle from an external source; and
C. "electric vehicle supply equipment" means conductors, including ungrounded, grounded and equipment grounding conductors, electric vehicle connectors, attachment plugs, transformers, switchgear and fittings, power outlets and other equipment installed specifically for the purpose of transferring electricity to an electric vehicle from an external source.
SECTION 3. [NEW MATERIAL] PERMITTED USE DESIGNATION.--The installation of electric vehicle charging stations shall be considered a permitted use and a permitted accessory use in county and municipal zoning districts and shall not require a use variance.
SECTION 4. [NEW MATERIAL] EXPEDITED PERMITTING
PROCESS.--
A. County and municipal zoning authorities shall develop an expedited administrative process for the review and approval of applications for permits to install electric vehicle charging stations.
B. Applications for permits to install electric vehicle charging stations shall be only subject to administrative review without a public hearing. The review of applications shall be limited to determining compliance with applicable codes adopted by the construction industries commission pursuant to Section 60-13-44 NMSA 1978. The review of applications shall not consider non-code compliance issues including setbacks, signage, screening, aesthetics and parking impacts.
C. County and municipal zoning authorities shall not impose restrictions on the installation of electric vehicle charging stations other than those that ensure compliance with applicable codes adopted by the construction industries commission pursuant to Section 60-13-44 NMSA 1978.
D. Applications for permits to install electric vehicle charging stations shall be deemed approved within thirty business days of submission of the application being deemed complete unless denied in writing by a county or municipal zoning authority.
SECTION 5. [NEW MATERIAL] PARKING SPACE DESIGNATION.--
A. A parking space utilized as an electric vehicle charging station shall be counted as at least one standard parking space for the purpose of complying with applicable minimum parking requirements.
B. A parking space utilized as an electric vehicle charging station that is designed to meet disability accessibility standards shall be counted as two standard parking spaces for purposes of complying with applicable minimum parking requirements.
SECTION 6. [NEW MATERIAL] PERMIT APPLICATION CRITERIA.--County and municipal zoning authorities shall provide a checklist of all requirements necessary for a complete application for a permit for the installation of an electric vehicle charging station. If a permit application is deemed incomplete, an applicant shall be informed in writing within fifteen days of submission of a permit application and provided with a clear explanation of any missing documentation or required corrections. If the explanation required by this section is not received by the applicant within fifteen days of submission, the application shall be deemed complete as of the sixteenth day.
SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.
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