BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1092
                                                                  Page  1

          Date of Hearing:   April 15, 2013

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                    AB 1092 (Levine) - As Amended:  April 8, 2013
           
          SUBJECT  :  Building standards for electric vehicle charging  
          infrastructure

           SUMMARY  :  Requires the California Building Standards Commission  
          (CBSC) and the Department of Housing and Community Development  
          (HCD), as a part of the next triennial edition of the California  
          Building Standards Code adopted after January 1, 2014, to adopt  
          mandatory building standards for the installation of future  
          electric vehicle charging infrastructure for parking spaces in  
          multifamily dwellings and nonresidential development.  

           EXISTING LAW  :  

          1)Provides for the adoption of building standards by state  
            agencies by requiring all state agencies that adopt or propose  
            adoption of any building standard to submit the building  
            standard to CBSC for approval and adoption. In the absence of  
            a designated state agency, CBSC is required to adopt specific  
            building standards, as prescribed.  

          2)Requires CBSC to publish, or cause to be published, editions  
            of the California Green Building Standards Code (CALGreen  
            Code) in its entirety once every three years.  The CALGreen  
            Code is a part of the California Code of Regulations, also  
            referred to as the California Building Standards Code.  

          3)Pursuant to the CALGreen Code, establishes voluntary standards  
            for the installation of electric vehicle charging  
            infrastructure in multifamily dwellings for at least 3% of the  
            total parking spaces be capable of supporting future electric  
            vehicle supply equipment.  Further, for non-residential  
            development, establishes voluntary standards for at least 10%  
            of total spaces to be designated for parking for low-emitting,  
            fuel-efficient, and carpool/vanpool vehicles, including  
            electric vehicles.  

          4)Requires HCD to propose, adopt, amend or repeal building  
            standards to CBSC for residential buildings including, hotels,  
            motels, lodging houses, apartment houses, dwellings, buildings  








                                                                  AB 1092
                                                                  Page  2

            and structures.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Governor Brown's Executive Order of March 2012,  
          directs state government to support and facilitate the rapid  
          commercialization of zero-emission vehicles (ZEVs), with a  
          target of having 1.5 million ZEVs on California roadways by  
          2025.  In order to meet this goal and in order for electric  
          vehicles to proliferate, it is important that early consumers  
          have a positive experience and that facilities be readily  
          available to provide convenient charging stations for the  
          electric vehicles.  

          California's building codes are published on a triennial basis.   
          The CBSC is responsible for the administration and  
          implementation of each code cycle, which includes the proposal,  
          review and adoption processes.  Pursuant to the CALGreen Code,  
          voluntary standards are established for the installation of  
          electric vehicle charging infrastructure in multifamily  
          dwellings for at least 3% of the total parking spaces be capable  
          of supporting future electric vehicle supply equipment.   
          Further, for non-residential development, the CALGreen Code  
          establishes voluntary standards for at least 10% of total spaces  
          to be designated for parking for low-emitting, fuel-efficient,  
          and carpool/vanpool vehicles, including electric vehicles.  It  
          is also important to note that each local
          jurisdiction retains the administrative authority to exceed the  
          CALGreen standards.  

          This bill directs the CBSC and HCD to adopt mandatory building  
          standards for parking spaces in multi-family dwellings and  
          non-residential development that provide a percentage of those  
          parking spaces to be capable of supporting future electric  
          vehicle supply equipment allowing the space to be "electric  
          vehicle ready."  This action is consistent with the activities  
          necessary to ensure that facilities are available for use by  
          owners of plug-in electric vehicles.

          According to the author's office, the voluntary standards in the  
          CALGreen Code are intended to provide model code language for  
          cities and counties to adopt at the local level to go beyond the  
          minimum mandatory building requirements.   The office indicates  
          that a state office survey indicates that nearly 20% of  
          jurisdictions have adopted standards reflected in the CALGreen  








                                                                  AB 1092
                                                                  Page  3

          Code and they expect that number to grow as more jurisdictions  
          implement sustainable community strategies over the next few  
          years.  

          Supporters of this bill contend that HCD has already initiated  
          research on this subject and is working with stakeholders on  
          developing the new standards that will also be of use to CBSC as  
          they move forward with similar building standards for  
          non-residential buildings.  They indicate that this bill allows  
          for the adoption of codes within the normal administrative  
          process, thus reducing the regulatory development cost to the  
          state and ensuring a thorough level of review and participation  
          by interested members of the public.  

          Also writing is support of this bill but requesting amendments,  
          the California Chapter of the American Planning Association  
          suggests that the regulations address only larger projects, such  
          as "multifamily residential projects consisting of more than  
          four units and nonresidential projects including more than ten  
          parking spaces."  

           Double-referral  :  This bill was also referred to the Housing and  
          Community Development Committee.  

           Related bills  :  SB 518 (Alan Lowenthal), Chapter 622, Statutes  
          of 2010, requires CBSC, as a part of the next triennial edition  
          of the California Building Standards Code adopted after January  
          1, 2011, to adopt building standards for the construction,  
          installation, and alteration of graywater systems for indoor and  
          outdoor uses in nonresidential occupancies.  

          AB 2644 (Butler), of 2012, would have required CBSC, as a part  
          of the next triennial edition of the California Building  
          Standards Code adopted after January 1, 2014, to adopt building  
          standards for the construction, installation, and alteration of  
          electric vehicle charging stations for parking spaces in  
          single-family residential real property.  That bill was held in  
          the Housing and Community Development Committee for reasons  
          related to the deployment of charging stations at every  
          single-family residence.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








                                                                  AB 1092
                                                                  Page  4

          American Planning Association, California Chapter (support if  
          amended)
          California Building Industry Association
          California Business Properties Association

           Opposition 
           
          None on file
           

          Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093