The Englewood City Planning and Zoning Commission discussed how to comply with a new Colorado law on electric vehicle (EV) charging infrastructure at a Oct. 7, 2025, study session and signaled support for adopting an ordinance to retain the city’s existing permitting process rather than adopt the state model code.

Jackson Higgins, assistant city attorney, briefed the commission on the state law and the three compliance options and said the city’s recommendation was to adopt an ordinance opting out of the state model code. "We are proposing we adopt the ordinance stating we are opting out of the state's model code," Higgins said.

The discussion matters because House Bill 24-1173 requires subject jurisdictions to take one of three paths: (1) adopt the Colorado Energy Office (CEO) model code or an equivalent less-restrictive code with state-supported adoption assistance; (2) adopt statutory code language consistent with CRS 31 23 3 16 (as referenced in the staff presentation); or (3) adopt an ordinance or resolution stating the jurisdiction will retain its existing permitting process. The CEO model code is intended as a template and comes with optional technical assistance and training for jurisdictions that choose it.

City staff told commissioners that Englewood’s current permitting is administered under adopted building and electrical codes rather than a land-use permitting layer. Staff noted the city has incorporated the National Electrical Code (NEC) and enforces EV-related electrical requirements via the electrical permit and building code. Higgins said typical permit turnaround in Englewood has been short: residential electrical permits for EV chargers are generally issued within about 24 hours and commercial permits within about 36 hours.

Several commissioners said those existing rules make the state model redundant for Englewood. "It just seems like the simplest and least burdensome" to opt out, one commissioner said during the session, and several others voiced support for Option 3. Commissioner Noah asked staff to consider removing language in Title 16 that directs EV charging spaces to "more remote and lesser priority" parking locations, saying that language could needlessly disadvantage EV drivers and that the city should be "silent on it" or treat spaces as a by-right use.

Other commissioners and staff clarified that opting out does not change the underlying electrical safety rules enforced by the NEC and that an opt-out requires an ordinance or resolution so the city’s choice is on the record. Higgins noted a small correction in the draft ordinance language the commission received: a cited CRS subsection number in the draft should read "31 23 3 16 2 a 3" instead of "2 a 2" as printed.

Commissioners asked and staff answered procedural questions: the study session is intended to seek a commission consensus on which path to advance; if the commission pursues Option 3 staff must place the ordinance language into Title 16 and notice the change for a public hearing. Higgins said jurisdictions that adopt the CEO model code would receive additional training and technical assistance; jurisdictions that choose the statutory-code path would not receive state training.

No formal, recorded vote on adopting an opt-out ordinance occurred during the study session; staff requested and the commission provided informal consensus to advance Option 3 and to return a draft ordinance and public-hearing notice at a future meeting. Separately at the start of the session, the commission formally approved minutes from its Aug. 19, 2025 meeting (motion carried; roll-call votes recorded in the meeting transcript).

Looking ahead, staff told the commission it will prepare the ordinance language needed to record the city’s choice and will follow the normal Title 16 amendment notice and public hearing process before presenting a final recommendation to the commission and, ultimately, the City Council.