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H 86

An Act to protect location privacy

194th Legislature (2025-2026) Introduced by Jim Arciero and 110 co-sponsors

Idaho H 86 preempts local building-plan rules, banning any requirement to include EV charging stations, spaces, or upgraded wiring in plans; effective immediately.

Accompanied a new draft, see H4746
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Bill Summary · H 86

Idaho H 86 — Summary

Overview

Idaho House Bill 86 prohibits state and local governments from requiring the inclusion of electric vehicle (EV) charging infrastructure in building plans. The bill adds a new section to the Idaho Building Code Act (Idaho Code § 39-4109B) that preempts local requirements and takes effect immediately upon enactment via an emergency clause. The Legislature’s fiscal note states there is no anticipated impact on state or local revenues or expenditures.

  • Bill number: H 86
  • Title: Building Code – adds to existing law to prohibit EV charging station or parking-space requirements in building plans; provides for preemption
  • Status: Signed by Governor March 11, 2025; Session Law Chapter 33; Effective March 11, 2025
  • Introduced: January 30, 2025
  • Effective date: Immediate (emergency clause)

Purpose and Intent

The bill is designed to prevent municipalities or other political subdivisions from mandating that building plans include:
- EV charging stations
- Designated EV parking spaces
- Upgraded electrical conduits or other EV charging infrastructure

It establishes statewide preemption, ensuring local rules cannot require such infrastructure to be included in building plans.

Key Provisions

  • New section added: 39-4109B, Idaho Code (Electric Vehicle Building Plan Requirements — Preemption)
    • (1) Neither the State of Idaho nor any local government may adopt a requirement that EV charging infrastructure (stations, designated parking spaces, upgraded conduits, or other EV charging infrastructure) be included in a building plan.
    • (2) This section supersedes any local laws, ordinances, orders, rules, or regulations that require EV infrastructure to be included in a building plan.
  • Section 2: Emergency clause rendering the act in full force and effect on and after passage and approval.

Affected Parties

  • State agencies and local governments: barred from imposing EV-infrastructure-building-plan requirements.
  • Builders, developers, architects, and engineers: cannot be mandated to incorporate EV charging stations or related infrastructure in building plans by local or state law.
  • EV charging developers and infrastructure vendors: impact procurement and planning requirements at the plan stage.
  • Building owners and tenants: indirectly affected by the removal of potential local requirements for EV readiness in plans.

Fiscal Impact

  • The fiscal note states: no increase or decrease in revenue or expenditure; no fiscal impact at state or local levels.

Legislative History (highlights)

  • 2025-01-30: Introduced (House Commerce & Human Resources)
  • 2025-02-21 to 2025-02-26: Passed House (various readings; final House passage noted) with a strong majority
  • 2025-03-05 to 2025-03-11: Passed Senate (including March 5 final passage) with notable bipartisan support
  • 2025-03-11: Delivered to Governor; signed
  • 2025-03-11: Enacted as Session Law Chapter 33; effective immediately

Practical Implications

  • Statewide preemption: Local governments cannot require EV charging infrastructure in building plans, reducing potential local mandates that would otherwise shape development standards for parking and electrical infrastructure.
  • Emergency effectiveness: The law takes effect upon enactment, with no transition period.
  • No broader mandate: The bill does not create new EV charging infrastructure requirements; it simply prohibits requiring such infrastructure in building plans.

Note

  • The bill uses broad language (“any requirement…be included in a building plan”) and explicitly states it supersedes local rules, ordinances, and regulations to ensure uniform preemption across jurisdictions.

Compiled from official sources — confirm details with the bill’s official record.

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