Bill 260428

..Title Authorizing the Office of Transportation and Infrastructure Systems and the Procurement Commissioner, on behalf of the City, to execute separate multi-year concession agreements with It's Electric Inc. and Positive Energy Inc. in connection with a City electric vehicle charging program to site, design, install, own, operate and maintain a network of publicly available electric vehicle charging stations throughout the City at curbside locations and surface parking lots; amending Chapter 11-604 of The Philadelphia Code, entitled "Encroachments Upon and Obstructions of the Street" to provide for discontinued approval of Electric Vehicle Charger encroachments; and amending Title 12 , entitled "Traffic Code," to authorize the installation, use, administration and enforcement of electric vehicle parking spaces, provide for administrative enforcement of violations of electric vehicle parking violations, including camera-based enforcement and towing, all under certain terms and conditions. ..Body WHEREAS, the City of Philadelphia's dense housing stock and limited off-street parking means that many Philadelphians do not have access to at-home electric vehicle charging infrastructure; WHEREAS, the current state of electric vehicle charging is unsustainable and insufficient, leaving behind many Philadelphia neighborhoods; WHEREAS, the transition to electric vehicles has the potential to reduce harmful pollutants from gas vehicles while reducing maintenance and fueling costs for residents; WHEREAS, as of December 2025, electric vehicles account for just over 2% of registered passenger vehicles in the City of Philadelphia and studies have shown that the most significant indicator of future increases in EV registrations is adequate provision of electric vehicle charging; WHEREAS, the City, in its commitment to promote environmentally responsible transportation initiatives and to support clean modes of transportation, including electric vehicles, is establishing an electric vehicle charging program; WHEREAS, the City sought vendors to provide electric vehicle charging service at equitably distributed locations around the City; WHEREAS, It's Electric Inc. and Positive Energy Inc. have been selected through a competitive process, to provide electric vehicle charging service in accordance with a Best Value Concession Request for Proposals; and WHEREAS, the concession agreements will require It's Electric Inc. and Positive Energy Inc. to own, operate, and maintain their respective electric vehicle charging systems for a ten-year term, with the option of a five-year extension; now, therefore THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. The Office of Transportation and Infrastructure Systems and the Procurement Commissioner are authorized to execute multi-year concession agreements with It's Electric Inc. and Positive Energy Inc., substantially in the form set forth in Exhibit A and Exhibit B, respectively, to this ordinance, under which the concessionaires shall site, design, install, own, operate and maintain a network of publicly available electric vehicle charging stations throughout the City at curbside locations and surface parking lots. SECTION 2. The City Solicitor is authorized to review, negotiate, and approve amendments to the concession agreements consistent with this ordinance that the City Solicitor determines are necessary, desirable, and in the best interests of the City. SECTION 3. The Chief Clerk is directed to keep copies of Exhibit A and Exhibit B on file in the Chief Clerk's Office and available for public inspection. SECTION 4. Title 11 and Title 12 of The Philadelphia Code are hereby amended to read as follows: TITLE 11. STREETS * * * CHAPTER 11-600. CONSTRUCTION, ENCROACHMENTS, AND PROJECTIONS OVER, ON, AND UNDER STREETS. * * * � 11-604. Encroachments Upon and Obstructions of the Streets. * * * (10) Electric Vehicle Chargers. (a) Permits. * * * (.4) No new electric vehicle charger permits may be issued after the effective date of the ordinance adding this subsection 11-604(10)(a)(.4) to the Code, except pursuant to a contract with the City for provision of such chargers. No existing electric vehicle charger permits shall be renewed beyond December 31, 2035. * * * [(.4)] (.5) Removal. * * * (.b) Upon the expiration and non-renewal of an electric vehicle charger permit, or upon the direction of the Department of Streets, the permittee shall be responsible for promptly removing the electric vehicle charger and for restoring the area to its former [condition.], condition, unless the Department of Streets waives this requirement, in whole or in part, for another City-affiliated electric vehicle charger to be installed at the area. If a permittee fails to comply as directed, in addition to any other remedy authorized by this Chapter, the Department of Streets is authorized to abate the violation by removing the electric vehicle charger from the area and restoring the area to its original condition. The permittee shall be liable for the costs of such removal and restoration, including administrative costs, and the Law Department may take action to collect such costs by lien or any other method permitted by law. TITLE 12. TRAFFIC CODE * * * CHAPTER 12-900. PARKING REGULATIONS AND PENALTIES * * * � 12-924. Camera-Based Parking Enforcement System. (1) The following violations of this Title 12 relating to prohibitions on stopping, standing, and parking vehicles, shall be enforceable through violation notices based on recorded images produced by a fixed or mobile camera-based parking enforcement system: * * * (e) Section 12-1131.1 related to City publicly available electric vehicle charging spaces. * * * CHAPTER 12-1100. MISCELLANEOUS REGULATIONS AND PENALTIES * * * � 12-1131.1 City Publicly Available Electric Vehicle Charging Spaces. (1) Definitions. (a) Department. The Department of Streets. (b) EV. An Electric Vehicle. (c) EV Charger Port. A charging port installed, owned, operated, and maintained by an EV Charging Vendor. (d) EV Charger User. A customer of the EV Charging Vendor who have paid to charge an EV at the EV Charger Port. (e) EV Charging Space. A parking space adjacent to an EV Charger Port reserved only for EV Charger Users. (f) EV Charging Vendor. An EV supply equipment vendor in contract with the City to provide vehicle charging services to the public within the right-of-way. (g) EV Timeslot. The period of time that the EV Charger User is actively charging their EV at the EV Charger Port. (2) Establishment of EV Charging Spaces. (a) Notwithstanding the provisions of Section 12-2700 (relating to permit parking), the Department is authorized to establish EV Charging Spaces within a parking lane on any block adjacent to an EV Charger Port operated by an EV Charging Vendor. (b) EV Charging Spaces are reserved for EV Charger Users only. (3) Use of EV Charging Spaces. (a) No person shall stop, stand, or park a vehicle in an EV Charging Space, except for an EV of an EV Charger User during an EV Timeslot and the grace period under (3)(b). (b) An EV Charger User shall remove their EV from the EV Charging Space within 20 minutes after the EV Timeslot has ended, or within such other time as established by the Department by regulation. (4) Enforcement (a) Violations of this Section shall be subject to civil penalty under Section 12-2809, and any further penalty or action permitted under this Code. * * * CHAPTER 12-2400. TOWING AND IMMOBILIZING OF PARKED OR ABANDONED VEHICLES * * * � 12-2405. Removal or Immobilization of Parked Vehicles; Notice (1) Any vehicle may be removed, by means of towing to the nearest Official Towing Station or immobilized for up to seventy-two (72) hours by means of applying a boot and then towed to the nearest Official Towing Station if not reclaimed, by or under the direction of a member of the Department, or its designated agent whenever any vehicle is: * * * (*) parked in violation of Section 12-1131.1(3), which prohibits the parking of a vehicle in spaces reserved for electric vehicles actively charging at the curb. * * * CHAPTER 12-2800. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS * * * � 12-2809. Civil Penalties and Costs. (2) Basic Penalties. (a) Any person violating the following provisions of Title 12, shall, upon a final finding of liability pursuant to this Chapter 12-2800, and except as set forth in subsection 12-2809(2)(b), be liable for payment of the civil penalty indicated, in addition to the costs and fees set forth in subsection 12-2809(1): Code Provision Violation Description Penalty * * * * * * * * * 12-1131 Parking for Electric Vehicles Only $300 12-1131.1 Illeg Parking EV Charging Space $150 SECTION 5. This Ordinance shall be effective immediately. ___________________________________ Explanation: [Brackets] indicate matter deleted. Italics indicate new matter added. ..End