HB 1416-FN - AS INTRODUCED
2024 SESSION
24-2331
11/10
HOUSE BILL 1416-FN
SPONSORS: Rep. Faulkner, Ches. 10; Rep. Thackston, Ches. 12
COMMITTEE: Transportation
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ANALYSIS
This bill prohibits parking of non-electric vehicles in spaces designated for charging electric vehicles.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2331
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Parking Prohibited. Amend RSA 265:69, I by inserting after subparagraph (m) the following new subparagraph:
(n) In either a public or private parking space specially designated for electric vehicle charging, or in or overlapping an access aisle to the space. The parking space shall be so designated by a sign or markings in accordance with RSA 265:73-b and state the space is reserved for electric vehicles while charging, unless the vehicle is a battery-electric or plug-in-hybrid vehicle in the process of charging its propulsion battery. “While charging” shall mean waiting for charging equipment to become available, preparing the vehicle or charging station for the charging session, charging the vehicle, and completing the charging session. Notwithstanding the provisions of title LXII or any other provision of law, the owner of any non-electric vehicle that violates the provisions of this subparagraph shall be fined $100 for each offense, of which 50 percent is payable to the town or city where the violation occurred.
2 New Section; Enforcement. Amend RSA 265 by inserting after section 69-a the following new section:
265:69-b Enforcement of Parking Prohibition in Parking Spaces Designated for Electric Vehicles.
I. Testimony under oath with clear photographic evidence from an owner or operator of the electric vehicle seeking to use the charging station, or from an owner or operator of the electric vehicle charging station, that a non-electric vehicle was parked in a parking space designated for electric vehicles while charging, or in or overlapping an aisle providing access to such a space, shall be sufficient evidence to prove that the owner of the vehicle has violated RSA 265:69, I(n), unless such evidence is rebutted or contradicted.
II. Upon receipt of testimony under paragraph I by the appropriate law enforcement agency, such agency shall fine the violator $100 pursuant to RSA 265:69, I(n).
3 New Section; Parking Signs; Electric Vehicles. Amend RSA 265 by inserting after section 73-a the following new section:
265:73-b Parking Signs; Electric Vehicles. A public or private parking space specially designated for electric vehicle charging shall be marked by a sign affixed to a post, building, or the electric vehicle charging equipment or an immediately adjacent place. Said sign shall be unobstructed and visible from a minimum of 30 feet. Pavement markings shall satisfy the requirement of this paragraph if the electric vehicle charging equipment is on an unobstructed structure at least 48 inches high and visible from the front or side of the designated space.
4 Effective Date. This act shall take effect January 1, 2025.
24-2331
12/4/23
HB 1416-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ ] State [ ] County [ X ] Local [ ] None
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | Indeterminable Increase | Indeterminable Increase | ||
Local Expenditures | $0 | $0 | Indeterminable Increase | Indeterminable Increase | ||
METHODOLOGY:
This bill prohibits parking of non-electric vehicles in spaces designated for charging electric vehicles and assesses a fine of $100 for each offense with 50% payable to the town or city where the violation occurred.
The New Hampshire Municipal Association states assuming this bill supersedes local authority and MUTCD (Manual on Uniform Traffic Control Devices) regulations, municipalities with parking spaces for electric vehicle charging in their facilities will face extra costs. These expenses involve changing existing signage from MUTCD-mandated signs to comply with the new legislation. The exact costs are unknown to NHMA but are anticipated to be below the $10,000.
Additionally, the bill mandates a "must issue" fine system, eliminating municipal discretion in penalizing non-electric vehicles parked in electric vehicle spaces. This enforcement is expected to incur additional costs, akin to other criminal offenses. While fines may generate revenue, the actual amounts and prosecution costs are uncertain, contingent on factors such as investigation time and enforcement expenses, including court-related costs.
AGENCIES CONTACTED:
New Hampshire Municipal Association