BILL ANALYSIS Ó
AB 1092
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
AB 1092 (Levine) - As Amended: April 8, 2013
SUBJECT : Building standards: electric vehicle charging
infrastructure
SUMMARY : Requires the California Building Standards Commission
(CBSC) to adopt mandatory standards for the installation of
electric vehicle charging infrastructure for parking spaces in
multifamily dwellings and nonresidential development in the next
triennial edition of the California Building Standards Code
(Title 24 of the California Code of Regulations).
Specifically, this bill :
1)Requires CBSC to adopt, approve, codify, and publish mandatory
building standards for the installation of future
infrastructure for electric vehicle charging in multifamily
and nonresidential development in the next triennial edition
of the building standards code adopted after January 1, 2014.
2)Requires the Department of Housing and Community Development
(HCD) to propose and submit the mandatory standards for
multifamily dwellings to CBSC for consideration.
3)Requires HCD and CBSC to consider specified voluntary
provisions of the existing California Green Building Standard
(CALGreen) for electric vehicle charging infrastructure in
developing the mandatory standards.
EXISTING LAW
1)Authorizes the California Building Standards Commission (CBSC)
to approve and adopt building standards. Every three years,
CBSC undertakes building standards rulemaking to revise and
update the California Building Standards Code (Title 24 of the
California Code of Regulations).
1)Requires proposed building standards that are submitted to
CBSC for consideration to be accompanied by an analysis
completed by the appropriate state agency that justifies
approval based on the following criteria:
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a) The building standard does not conflict with, overlap,
or duplicate other building standards;
b) The proposed standard is within the parameters of the
agency's jurisdiction;
c) The public interest requires the adoption of the
building standard;
d) The standard is not unreasonable, arbitrary, unfair, or
capricious;
e) The cost to the public is reasonable, based on the
overall benefit to be derived from the building standard;
f) The standard is not unnecessarily ambiguous or vague;
and
g) The applicable national specifications, published
standards, and model codes have been appropriately
incorporated into the standard.
(Health & Safety Code Section 18930)
2)Requires CBSC to receive proposed building standards from a
state agency for consideration in the triennial code adoption
cycle. Requires CBSC to adopt regulations governing the
procedures for triennial the adoption cycle, which must
include adequate provision of the following:
a) Public participation in the development of standards;
b) Notice in written form to the public of the compiled
building standards with justifications;
c) Technical review of the proposed building standards and
accompanying justification by advisory boards of CBSC; and
d) Time for review of recommendations by the advisory
boards prior to CBSC taking action.
(Health & Safety Code Section 18929.1)
3)Requires HCD to propose the adoption, amendment, or repeal of
building standards to CBSC for residential buildings,
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including hotels, motels, lodging houses, apartment houses,
dwellings, buildings, and structures (Health & Safety Code
Section 17921).
4)Provides that only those building standards that are approved
by the CBSC and are in effect at the local level at the time
an application for a building permit is submitted shall apply
to the plans and specifications for construction (Health and
Safety Code Section 18938.5).
5)Requires CBSC to publish, or cause to be published, editions
of the 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.
6)Pursuant to the CALGreen Code, establishes a voluntary
standard for the installation of electric vehicle charging
infrastructure in multifamily dwellings for at least 3% of the
total parking spaces to be capable of supporting future
electric vehicle supply equipment. For non-residential
development, establishes a voluntary standard for at least 10%
of total spaces to be designated for parking for low-emitting,
fuel-efficient, and carpool/vanpool vehicles, including
electric vehicles.
FISCAL EFFECT : Unknown
COMMENTS :
Background: According to a 2012 study completed by the
California Center for Sustainable Energy in coordination with
the California Air Resources Board (ARB), Californians own more
than 12,000 plug-in electric vehicles, roughly 35% of all
plug-in vehicles in the United States. Approximately 1,000 new
plug-in vehicles are being sold in the state every month.
Last year, the Governor issued an Executive Order (EO) directing
ARB, the California Energy Commission, the Public Utilities
Commission, and other relevant agencies working with the Plug-in
Electric Vehicle Collaboration and the Fuel Cell Partnership to
develop benchmarks to help support and facilitate the rapid
commercialization of zero-emission vehicles. The order directed
these agencies to establish benchmarks to help the state's
zero-emission vehicle infrastructure support 1.5 million
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electric vehicles by 2025. In furtherance of this goal, the
Office of Planning and Research and the State Architect
published guidelines this month to address physical
accessibility standards and design guidelines for the
installation of plug-in electric vehicle charging stations
throughout California. These guidelines are voluntary and apply
to public and private sites and eventually could become
regulations within California Building Code Chapter 11B:
Accessibility to Public Buildings, Public Accommodations,
Commercial Buildings and Public Housing.
Process for adopting building standards : The California
Building Standards Law establishes the process for adopting
state building standards by CBSC. Statewide building standards
are intended to provide uniformity in building across the state.
Among CBSC's duties are the following: receiving proposed
building standards from state agencies for consideration in an
triennial building code adoption cycle; reviewing and approving
building standards submitted by state agencies; adopting
building standards for state buildings where no other state
agency is authorized by law; and publishing the approved
building standards in the California Building Standards Code
(California Code of Regulations, Title 24). There are
approximately twenty state agencies that develop building
standards. HCD is responsible for standards for residential
buildings.
In 2010, the CBSC adopted CALGreen, which included both
mandatory and voluntary building standards. The purpose of
CALGreen is to improve public health, safety, and general
welfare by enhancing the design and construction of buildings
through the use of building concepts having a reduced negative
impact or positive environmental impact and encouraging
sustainable construction practices in five categories: planning
and design; energy efficiency; water efficiency and
conservation; material conservation and resource efficiency; and
environmental quality
The CALGreen Code establishes a voluntary standard for the
installation of electric vehicle charging infrastructure in
multifamily dwellings for at least 3% of the total parking
spaces to be capable of supporting future electric vehicle
supply equipment. For non-residential development, the CALGreen
Code establishes a voluntary standard for at least 10% of total
parking spaces to be designated for low-emitting,
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fuel-efficient, and carpool/vanpool vehicles, including electric
vehicles. Each local jurisdiction retains the administrative
authority to exceed the CALGreen standards.
Purpose of this bill : This bill would require HCD to propose
mandatory standards for the installation of infrastructure to
support electric vehicle charging in multifamily housing
developments. Although the bill does not state that the
mandatory standards apply to parking spaces in newly constructed
multifamily dwellings, building standards in practice apply
prospectively to construction that occurs after the standards
are adopted, unless otherwise stated.
Although the bill specifies that HCD is responsible for
developing the multifamily standards required for electric
vehicle charging infrastructure, it does not specify which
agency or agencies are responsible for developing building
standards for nonresidential buildings. The author may wish to
add those agencies to the bill.
According to the author, currently there are no mandatory
building standards for electric vehicle charging infrastructure.
This bill directs CBSC to plan for the need for electric vehicle
infrastructure since accelerating the market for zero emission
vehicles is a cornerstone of California's long-term strategy to
reduce localized pollution and greenhouse gas emissions. By
anticipating the needed infrastructure and planning now,
expensive retrofitting will be avoided in the future as more and
more individuals purchase plug-in electric vehicles.
Supporters of this bill contend that HCD has already initiated
research on this subject and is working with stakeholders on
developing 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.
Committee amendments:
On page 2, line 20 delete "and" and after A5.106.5.1 insert ",
and A5.106.5.3"
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Double referred : The bill passed the Committee on
Transportation on April 15, 2013, by a vote of 12 to 3.
REGISTERED SUPPORT / OPPOSITION :
Support
American Planning Association
California Building Industry Association
California Business Properties Association
California State Association of Electrical Workers
Opposition
None on file.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085