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Idaho Statewide Rule

Idaho Preempts Local EV Charging Mandates

Few RestrictionsApplies statewide across Idaho (2026)

Key Facts

Statute
Idaho Code 54-1001A
Enacted
2024 (HB 704)
Effect
Preempts local EV mandates
Scope
New home construction
Voluntary install
Still allowed
Last verified: August 21, 2026Source: Idaho Legislature

Summary

Idaho Code 54-1001A, enacted by HB 704 in 2024, prohibits any city, county, or local entity from requiring installation of electric vehicle charging circuits in new home construction. State law preempts local building codes and zoning that mandate EV-ready infrastructure for residential builds.

(1) Notwithstanding any other provision of law to the contrary, neither the state of Idaho nor any local government in Idaho shall adopt any requirement that an electric vehicle (EV) charging station, a designated EV parking space, an upgraded electrical conduit, or other infrastructure for the purpose of EV charging station installation be included in a building plan. (2) This section supersedes any local laws, ordinances, orders, rules, or regulations enacted by a political subdivision or municipality that requires an EV charging station, a designated EV parking space, an upgraded electrical conduit, or other infrastructure for the purpose of EV charging station installation to be included in a building plan.

Source: Idaho LegislatureView official code

Full Breakdown

Section 54-1001A of the Idaho Code, added through House Bill 704 in 2024, expressly states that no city, county, incorporated or unincorporated area, special use district, or other local governmental entity may require the installation of an electric vehicle charging circuit as part of any new home construction. This was a direct response to municipalities, including Boise, that had adopted EV-ready building code amendments. Existing installations may remain. The preemption applies only to mandatory requirements; voluntary installation by builders or homeowners remains permitted, and local governments may still offer incentives. Idaho follows the National Electrical Code through statewide adoption by the Division of Occupational and Professional Licenses.

Violations & Penalties

Local ordinances mandating EV circuits in new homes are unenforceable under state preemption. Builders facing such requirements may challenge enforcement under Idaho Code 54-1001A.

Frequently Asked Questions

Can Boise still require EV-ready outlets in new homes?
No. Idaho Code 54-1001A preempts any city, county, or local entity from requiring EV charging circuits as part of new home construction, overriding prior local mandates.
Can I still install an EV charger voluntarily?
Yes. The preemption only blocks government mandates. Homeowners and builders remain free to install Level 2 chargers and dedicated circuits at their own discretion under the National Electrical Code.
Does the law affect commercial buildings?
Section 54-1001A specifically addresses new home construction. Commercial EV charging requirements are handled through separate building code provisions and local zoning.

Sources

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