Voters in 2023 said no to a proposed $49-billion bond, which would have funded the full expansion of the Ada County Jail. County officials have since moved forward instead with a phased approach to expansion, using $20 million dollars already saved for the project to address the most pressing need: updating the jail’s kitchen.
But, there is a permitting dispute between Ada County and the City of Boise over parking spots for electric vehicles and now the state is poised to weigh in.
The county owns the jail, but like any building within city limits is subject to Boise’s zoning code. The new zoning code, which passed in 2023, has many requirements, like a minimum for industrial projects to have 20% of parking spots as capable for electric vehicles.
Charging equipment isn’t required, but conduit and appropriate sizing is, to make the equipment easy to install later.
For the Ada County Jail, “these conditions included the installation of 133 EV capable spaces, which was based on the overall facility and the proposed expansion,” said senior city planner David Moser, speaking to the Boise Planning and Zoning Commission.
Ada County last summer balked at adding 133 EV capable spaces — that would mean altering existing parking lots. Officials worked with the city to reduce the requirement to 31 EV spots, a number based on just the proposed expansion.
But that’s still too many for the county, prosecuting office attorney Ammon Taylor told planning and zoning commissioners earlier this month.
“We now are at a point where we are back to deciding, well, what number do we use to calculate the 20% EV capable requirement?” asked Taylor.
The county initially planned the expansion to have four fully operational EV spots, or 20% of 20 new parking spaces. The county has since proposed installing just 21 EV “capable” spaces — 10 fewer than staff say are required by city code.
The difference comes down to how the jail is zoned. The county argues the warehouse component of the jail makes the project mixed-use, which allows for reduced EV parking requirements.
"That shared use section of the parking code that allows for mixed use to have a different multiplier or adjustments," said Moser. "That's really meant for true mixed use projects that we would see. I think the jail doesn't quite fall into that."
Boise Planning and Zoning commissioners ultimately agreed, approving the jail expansion with the requirement for 31 EV capable spaces.
At a Sheriff’s staff meeting with County Commissioners on Jan. 7, the day after the P&Z decision, Ada County Commission Chairman Rod Beck slammed the determination, calling the city code vague, and staff’s interpretation wrong. Sheriff Matt Clifford seemed to sympathize with the general requirements of the city’s new code.
"And I understand the spirit of that code, but it doesn't apply properly to this situation," Clifford said. Beck jumped in, "I don't even understand the spirit of it! You can't force that, I mean, if you're going to force us, you're going to have parking lots full of EV charging stations and no and no vehicles to use them," Beck said.
The sheriff’s department says installing 31 EV spaces would cost the county $500,000, activating them would be at least double.
In a statement provided by his spokesperson, Clifford said public safety was his top priority, and funds were needed for jail expansion, "not non-functioning electric vehicle parking."
Ada County has officially appealed the conditioned approval of the jail expansion to the Boise City Council, saying planning and zoning staff misapplied the code and four functioning EV stalls should be enough to meet the requirement. A hearing before city council is expected sometime in March, but the dispute may be a moot point by then.
“Today, committee, I bring before you RS-31906 which is a preemption bill that deals with electric car chargers and parking spaces,” said Rep. Joe Palmer (R-Meridian) at an introductory hearing before the House Business Committee this week.
Palmer is sponsoring legislation which would prohibit any requirement of EV parking for public or private projects. The bill, if passed, would immediately invalidate the section of Boise’s modern zoning code requiring a minimum of EV capable spaces for most projects.
“I think it’s an over-extending cost which should not be passed on to people," said Palmer. "They still have their option, if they decide to do it on their own that’s fine, but this way the building department won’t have to deal with the situation of doing any inspections on it.”
Palmer did not respond to a request for comment from Boise State Public Radio.
The Ada County Commission spokeswoman says the county did not have a role in advocating or coordinating with Palmer on the proposed bill. A spokesperson for the City of Boise said the city did plan to share its opposition to the bill with committee members but declined further comment.
The House Business Committee has not yet scheduled a hearing on Palmer's bill.
Note: This story has been updated to clarify the jail is County-owned but within city limits, and to add the original story audio and external links to more information.