Drafter
Clerk 09/28/2026
Title
AN ORDINANCE relating to electric vehicle recharging station fees, amending Ordinance 17096, Section 3, as amended, and K.C.C. 4A.700.700 and establishing an effective date.
Body
STATEMENT OF FACTS:
1. K.C.C. 2.99.030 specifies that the executive may establish changes in the existing amounts or rates of fees for service and may establish new fees for service by submitting the proposed schedule of changes to the county council at the time the executive proposed budget is submitted.
2. K.C.C. 4A.700.700 currently specifies that user fees are established for public use of electric vehicle charging stations located on property owned or leased by King County. Each custodial agency shall recommend the user fees for electric vehicle charging stations under their control and authority.
3. Ordinance 19986, related to implementation of the 2025 Strategic Climate Action Plan, modified county code to allow the county to choose, under written agreement, to allow third parties to operate and maintain electric vehicle chargers at county properties.
4. K.C.C. 2.99.030 exempts fees for use of electric vehicle charging stations from the requirement that fee for service amounts shall reflect all reasonable costs of providing the service. As such, it is appropriate that codified fees reflect the cost paid to electric utilities.
5. Third parties operating electric vehicle chargers at county properties are expected to pay the utility cost to custodial agencies, and any other costs established per written agreement, while establishing commercially reasonable public rates.
6. Washington Administrative Code 16-662-210 establishes rules for publicly available electric vehicle supply equipment, including that refueling prices are expressed per kilowatt-hour (kWh) or mega-joule.
7. Electric vehicle charger fees are hereby established to reimburse the county for per kWh rates charged by electric utilities, acknowledging that public rates may be established for chargers operated by third parties with whom the county has written agreements.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 17096, Section 3, as amended, and K.C.C. 4A.700.700 are hereby amended to read as follows:
A. ((User)) Utility fees are established for public use of electric vehicle charging stations located on property owned or leased by King County.
B.1. In accordance with this section, each custodial agency shall recommend the ((user)) utility fees for the use of electric vehicle charging stations under the control and authority of the custodial agency. The county may choose, under a written agreement, to allow a third party to operate and maintain electric vehicle chargers at county properties at commercially reasonable public rates.
2. For the purposes of this section, "custodial agency" means the county department, division, or office that owns ((and operates)) the electric vehicle charging station.
C.1. The ((user)) utility fees shall be calculated to contribute to ((the county's cost of operations related to public use.
2. The county's cost of operations includes, but is not limited to, planning, outreach and administration, maintenance, charging station vendor costs,)) utility costs related to the charging stations ((and facility enforcement costs)).
((3.)) 2. Differing ((user)) utility fees may be established at particular locations and for uses other than typical daytime parking, such as overnight parking, monthly reservations, special event rates and other specific circumstances.
((4.)) 3. As an employee benefit, the county at the discretion of the custodial agency may choose to impose a reduced-rate ((user fee)) for employees charging a personal electric vehicle when the vehicle is being used for commuting to work.
4. The county reserves the ability to negotiate public rates with third parties pursuant to a written agreement to operate and maintain electric vehicle chargers at county properties. Third party operators of electric vehicle charging stations owned by custodial agencies may impose public rates but will remit the applicable utility fee and any negotiated costs to the custodial agency. Public rates should be commercially reasonable.
5. The county may charge a per minute overstay fee for vehicles that have completed charging. Custodial agencies may charge this fee after a 15 minute window has elapsed from the completion of a charging session.
D. Each custodial agency shall review all ((user)) utility fees no less frequently than every two years and recommend adjustments to the fees based on consideration for the costs established in subsection C. of this section.
E. Except as otherwise provided by ordinance, the following utility fees are established for electric vehicle charging stations by custodial agency:
|
Custodial Agency |
Facility Location |
Utility Fee |
Overstay Fee |
|
Metro transit department, department of natural resources and parks, facilities management division, King County international airport |
Locations serviced by Seattle City Light |
$0.21 per kilowatt-hour |
$0.25 per minute |
|
|
Locations serviced by Puget Sound Energy |
$0.28 per kilowatt-hour |
$0.25 per minute |
|
|
Locations serviced by Snohomish Public Utility District |
$0.22 per kilowatt-hour |
$0.25 per minute |
F. Each custodial agency or third party operator shall post ((user)) utility fees or public rates for chargers operated by a third party, rules for using the electric vehicle charging station stalls and the penalties for improper use of electric vehicle charging station stall at or near the stalls either via the electronic screen on the charging device or on the mobile application used by the customer to initiate charging((by signage affixed on or near the charging device)). The custodial agency also shall post the fees, rules, and penalties in an appropriate location on the custodial agency website.
((F.)) G. Failure to pay the applicable ((user)) utility fee or public rate, or remaining in an electric vehicle charging station stall longer than entitled ((as a result of the user fee paid)), is a violation of this section.
((G.)) H. The penalty for a violation under subsection ((F.)) G. of this section may result in a civil penalty in an amount established by the custodial agency by rule, in accordance with K.C.C. chapter 2.98, not to exceed two hundred dollars. Notice and appeal of the civil penalty shall be as follows:
1. The custodial agency shall issue a notice and order and serve it as provided for in this section when the custodial agency determines that a violation described in subsection F. of this section has occurred. The notice and order shall contain:
a. a description of the vehicle parked in violation of this section, including make, model, color and license plate number;
b. date and time the notice and order was issued;
c. a description sufficient to identify the area where the vehicle was parked when the violation was discovered;
d. a statement that the vehicle is parked in violation of subsection ((F.)) G. of this section, with a brief and concise description of the conditions that established the violation;
e. a statement that the custodial agency is assessing a civil penalty, the amount of the penalty and a time certain by which the penalty shall be paid from the date of the order; and
f. statements advising that:
(1) the head of the custodial agency may review and reconsider the notice and order, but only if a request for review and reconsideration is made in writing as provided in this section and filed with the custodial agency head within ten days from the date of service of the notice and order;
(2) the address to which the request for review and reconsideration must be sent; and
(3) failure to timely request the custodial agency head's review and reconsideration will constitute a waiver of all rights to any administrative hearing and determination of the matter;
2. The notice and order, and any amended or supplemental notice and order, shall be served by affixing the notice and order to the vehicle for which is the subject of the violation, in a conspicuous location on the vehicle;
3. Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting service and declaring the time, date, and manner in which service was made. A copy of the notice and order shall be kept on file by the custodial agency;
4. A person served with a notice and order under this section may request, electronically or in writing, within ten days of being served with a notice and order, that the custodial agency head review and reconsider the notice and order;
5. The review shall be performed without a hearing and be based solely on written information provided by the person requesting review and by county personnel or agents;
6. Upon review, the custodial agency head may uphold the notice and order or waive or reduce the fine or any other penalty contained in the notice and order;
7. The custodial agency head shall mail the written decision to the person requesting review;
8. The decision shall notify the person requesting review of the right to appeal the custodial agency head decision in accordance with K.C.C. 20.22.080;
9. The King County office of the hearing examiner shall hear appeals of the custodial agency head decisions under this section;
10. The procedures for initiating and conducting the appeal shall be governed by K.C.C. chapter 20.22;
11. Enforcement of any notice and order of the custodial agency shall be stayed during the pendency of a custodial agency head's review or an appeal therefrom that is properly and timely filed in accordance with K.C.C. chapter 20.22;
12. The registered owner of a vehicle is liable to pay any civil penalty imposed for a violation under this section. However, the registered owner of a vehicle may avoid liability if the owner proves that the vehicle was reported to the police as a stolen vehicle before the notice and order was issued, and the vehicle had not been recovered;
13. Except as otherwise provided in subsection ((G.12.)) H.12. of this section, a civil penalty imposed for failure to pay a ((user)) utility fee or public rate at a custodial agency facility is a personal obligation of the registered owner of the vehicle involved; and
14. If the penalties assessed by the custodial agency are not paid to King County within thirty days from the service of the notice, the mailing of the custodial agency head's decision, or the mailing of the hearing examiner's decision, whichever occurs last, then the custodial agency may send a final warning letter to the registered owner of the vehicle to the address on file with the state Department of Licensing. If the civil penalties are not paid within ten days after the final warning letter is sent, then the custodial agency may pursue other applicable legal remedies. In pursuing payment of civil penalties that remain delinquent after the final warning letter is sent, and to cover administrative expenses associated with the pursuit of the penalties, the custodial agency may charge the registered owner of the vehicle an additional fee not to exceed fifty percent of the total delinquent civil penalties.
((H.)) I. All ((user)) fees and civil penalties collected from each electric vehicle charging station shall be distributed to the custodial agency in control of the electric vehicle charging station stall. The fees and penalties shall be deposited into the custodial agency account associated with the maintenance of the electric vehicle charging station stalls under the custodial agency's control and authority.
((I.)) J. In addition or as an alternative to the civil penalty authorized in subsection ((G.)) H. of this section, the custodial agency may impound the vehicle without giving prior notice in accordance with the process provided in K.C.C. chapter 14A.60. When impoundment is authorized by this section, a vehicle may be impounded by a towing contractor acting at the request of the custodial agency head or the custodial agency head's designee. The custodial agency head or the custodial agency head's designee shall provide to the towing contractor a signed authorization for the tow and the impound before the
towing contractor may proceed with the impound.
SECTION 2. This ordinance takes effect January 1, 2027.