BILL ANALYSIS �
AB 475
Page 1
Date of Hearing: April 13, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 475 (Butler) - As Amended: March 24, 2011
Policy Committee:
TransportationVote:13-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill modifies existing authority for a parking facility to
designate parking spaces for use only by a vehicle displaying a
zero emission vehicle (ZEV) sticker so the authority applies to
vehicles displaying an electric vehicle (EV) sticker.
Specifically, this bill:
1)Authorizes an offstreet parking facility to designate parking
spaces for the exclusive use of vehicles displaying an EV
sticker, issued by the Department of Motor Vehicles (DMV), and
plugged in for fueling.
2)Makes it an infraction to park in an EV-designated space,
punishable by a fine of up to $100.
3)Requires the operator of an offstreet parking facility to post
notice that vehicles parked in an EV-designated space that do
not display a valid EV sticker or that are not plugged in for
fueling may be towed at the owner's expense.
4)Authorizes the operator of an offstreet parking facility to
cause the towing of a vehicle parked in an EV-designated space
if the vehicle does not display an EV sticker and is not
plugged in for fueling.
5)Requires DMV to make available an EV sticker for display on
vehicles that do not produce tailpipe emissions or that meet
the Air Resources Board's definition of a plug-in hybrid
electric vehicle (PHEV).
6)Requires DMV to charge a fee for the distribution of EV
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stickers sufficient to reimburse DMV costs.
FISCAL EFFECT
1)Minor, absorbable one-time costs to DMV to design, produce and
distribute EV decals to holders of existing ZEV stickers,
about 800 of which currently exist.
2)Minor, ongoing costs to DMV, in the range of no more than
thousands of dollars a year, to distribute EV stickers to
owners of new EVs, fully covered by fee revenue. (Motor
Vehicle Account.) These costs and revenues could become more
significant should PHEV sales increase dramatically, thereby
requiring distribution of a greater number of EV stickers.
DMV reports, however, that its conversations with automobile
industry representatives lead it to believe that PHEV sales
will be fairly modest for the next five years, at least.
3)Annual revenue of an unknown amount to local governments that
levy fines pursuant to the infraction described in this bill.
COMMENTS
1)Rationale. According the author and sponsor, statute needs to
be updated to reflect the diversity of electric vehicles
available to California drivers. These proponents describe
existing law as seeking to encourage the use of less-polluting
electric vehicles by allowing offstreet parking facilities to
reserve spaces equipped with charging equipment for the use of
such vehicles, which receive ZEV stickers from DMV. The
proponents note recent market developments that make available
PHEVs, which, like ZEVs, use electric power but, unlike ZEVs,
have a gasoline-powered auxiliary motor and therefore cannot
qualify for the ZEV sticker. The author and sponsor contend
the justifications for providing potential parking privileges
to ZEVs apply equally to PHEVs and, therefore, seek to extend
them to PHEVs.
2)Background.
a) Drive More LEVs and ZEVs, ARB Says. ARB's Low-Emission
Vehicle (LEV) Program, which began in 1990, seeks to
improve the state's air quality through regulating the
reduction of emission standards for automobiles. The LEV
Program includes goals for the introduction of
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zero-emission vehicles, meaning vehicles that produce no
tailpipe emissions. At one time, the LEV program required
that at least 10% of the vehicles offered for sale in
California by large manufacturers be ZEVs.
b) State Law Seeks to Provide Parking and Charging for
ZEVs. To help encourage the public use of ZEVs, the
Legislature passed AB 1314 (Chapter 640, Statutes of 2002,
Havice), which authorized parking facility operators to
designate parking spaces for the fueling and parking of
vehicles affixed with a ZEV sticker, to be issued by DMV.
The statute also provided authority to remove vehicles
inappropriately parked in or blocking such spaces and
created an infraction, punishable by a fine of up to $100,
for vehicles inappropriately parked in such spaces.
According to DMV, it has issued about 800 ZEV stickers.
c) Some ZEVs, More PHEVs? Achieving ARB's ZEV goals has
proven difficult, and ARB has modified the regulation
several times. One challenge facing ZEVs is concern over
the availability of ZEV fueling. Because charging stations
are infrequently available, there is concern that a ZEV may
exhaust its electric charge before the driver can recharge
the vehicle.
One response to these charging concerns was passage of AB
1314, described above. Another response was the offering
by automobile manufacturers of PHEVs. Like ZEVs, PHEVs
primarily are powered by electricity. PHEVs, however, and
unlike ZEVs, include a gasoline-powered auxiliary motor,
decreasing PHEVs' susceptibility to running out of power.
While the inclusion of the auxiliary gasoline-powered motor
may increase the utility of PHEVs, it disqualifies these
lower-emission vehicles from being classified as ZEVs. It
also precludes them from receiving a ZEV sticker from DMV.
Few PHEVs are on California roads today. In fact, the
Chevrolet Volt is the first PHEV to be available in
California. Nonetheless, some industry observers predict
the increased use of PHEVs in the coming years.
3)Electric Vehicles Don't Fuel, They Charge. And They Don't Have
to Be Plugged In. Industry representatives indicate that they
prefer the term "charge" to "fuel" when describing a PHEV's
receipt of energy. They additionally note that some PHEVs can
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be connected to a charging station without the use of a plug
and electric cable. The bill, however, requires that a PHEV
be "plugged in for fueling" to be legitimately parked in an
EV-designated space. The committee may wish to amend the bill
to better reflect technology and industry terminology.
4)A Sticker Is a Sticker Is a Sticker. Currently, about 800
registered owners of ZEVs have received ZEV stickers from DMV.
This bill would require these owners to receive new EV
stickers and to affix them to their ZEVs in order to continue
to be eligible to park their ZEVs in designated EV charging
stations. It would be more efficient, and more convenient for
ZEV owners, to amend to bill to specify that vehicles affixed
with preexisting ZEV stickers may continue to use
EV-designated charging stations.
5)Support. This bill is supported by General Motors (sponsor)
and some electric vehicle advocacy groups.
6)There is no registered opposition to the bill. However,
LincolNEV, an organization of neighborhood electric vehicle
(NEV) enthusiasts in Lincoln, California, expresses concern
that the bill will make charging stations available to more
vehicles, thereby lessening the opportunity for NEV owners to
charge their vehicles.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081