SECTION 40. (a) By no later than twelve months following enactment of this legislation, each local unit of government shall adopt a land use ordinance or bylaws that:
(1) create an expedited, streamlined permitting process for electric vehicle charging stations, including electric vehicle charging stations installed in the public right-of-way, with binding timeline for the review and approval of permit applications not to exceed thirty days;
(2) classify all levels of electric vehicle charging stations as permitted accessory and primary use in all zoning districts;
(3) address electric vehicle charging in parking minimum requirements, specifically that a parking space served by an electric vehicle charging station or any parking spaces used to site electric vehicle charging equipment must be counted as at least one standard automobile parking space and that any van-accessible parking space shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking requirements;
(4) specify that review of applications to install electric vehicle charging stations, including electric vehicle charging stations installed in the public right-of-way, shall be limited to the building official’s review of whether the installation meets all health and safety requirements under local, state, and federal law and shall be administratively approved through the issuance of a building permit or similar nondiscretionary permit.
(h) The department of energy resources and Massachusetts department of transportation, in consultation with the appropriate and affected parties, by no later than six months following enactment of this legislation, shall develop and publish a model land use ordinance that local governments may elect to adopt. Upon completion, the department of energy resources and Massachusetts department of transportation must post the model ordinance to the department’s internet website and notify local units of government of its availability.
(i) The department of energy resources and Massachusetts department of transportation may periodically publish amendments to the model ordinance to reflect increased electric vehicle adoption and technological advances in the State. Any update shall not require a rulemaking process. Upon completion of any amendment, the department of energy resources and Massachusetts department of transportation must post the updated model ordinance to the department’s internet website and notify local units of government of the amendments.
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