Model resolution available for EV charger opt-out mandate deadline

Municipalities with a population of over 10,000 must, by Dec. 31, 2025, choose a path for permitting electric vehicle (EV) charging systems under the state mandate of C.R.S. §  31-23-316, enacted by HB24-1173. Municipalities can pass an ordinance or resolution indicating an intent to process EV charger permit applications under their existing permitting review process, effectively opting-out of state requirements. Otherwise, a municipality must adopt an ordinance meeting the strict requirements of the statute or an EV charger permitting model code developed by the Colorado Energy Office (CEO).

The statute instructs municipalities to submit a report by March 31, 2026, indicating their choices. CEO has established an online reporting system for this report. The law also tells municipalities to submit annual reports on the processing of EV charger permit applications beginning Jan. 31, 2027. Note that these additional recordkeeping and reporting mandates arguably are optional under C.R.S. § 29-1-304.5 because the state has not funded these mandates.

CML has prepared a model resolution for municipalities that want to continue using their local ordinances to review permit applications for electric vehicle charging systems. Contact Robert Sheesley, CML general counsel, at rsheesley@cml.org for more information on the model resolution or sample regulations for EV charging systems.

CEO offers technical support for the adoption and implementation of local codes for EV charging systems. CEO’s EV charger permitting model code and more information on technical support are available on the office's website.