BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 1092
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  levine
                                                         VERSION: 6/10/13
          Analysis by:  Mark Stivers                     FISCAL:  yes
          Hearing date:  June 18, 2013



          SUBJECT:

          Building standards for electric vehicle charging infrastructure

          DESCRIPTION:

          This bill requires the Building Standards Commission, as part of  
          the next building code adoption cycle, to include mandatory  
          building standards for the installation of electric vehicle  
          charging infrastructure in multifamily dwellings and  
          non-residential development.

          ANALYSIS:

          The California Building Standards Law establishes the Building  
          Standards Commission (BSC) and the process for adopting state  
          building codes.  Under this process, relevant state agencies  
          propose amendments to model building codes, which the BSC must  
          then adopt, modify, or reject.  For example, the Department of  
          Housing and Community Development (HCD) is the relevant state  
          agency for residential building codes.  The Office of Statewide  
          Health Planning and Development is responsible for hospitals and  
          clinics, and the Division of the State Architect is the relevant  
          agency for schools and emergency service buildings.  Not all  
          buildings fall under the jurisdiction of a relevant state  
          agency.  Most commercial, industrial, and manufacturing  
          structures are considered "local buildings," over which local  
          governments may determine applicable building standards.  With  
          respect to green building standards, however, current law gives  
          BSC the authority to adopt building standards for these local  
          buildings.  Every three years, the BSC adopts a new version of  
          the California Building Code (CBC), known as the triennial  
          update.

          Since 2008, the BSC has maintained a separate chapter of the  
          CBC, known as the CalGreen Code, that contains green building  
          standards.  The 2010 CalGreen Code allows cities and counties to  
          adopt additional tiers of green building standards, known as  




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          Tier 1 and Tier 2 standards, some of which are mandatory and  
          some of which are voluntary for builders to follow. 

           This bill  requires the BSC, as part of the next triennial  
          adoption of the CBC, to include mandatory building standards for  
          the installation of electric vehicle charging infrastructure in  
          multifamily dwellings and non-residential development.  The bill  
          further requires HCD to develop and propose these standards for  
          multifamily dwellings and both HCD and the BSC to consult  
          actively with interested parties in the development of the  
          standards.

          COMMENTS:

           1.Purpose of the bill  .  According to the author, there are  
            currently no mandatory building standards for electric vehicle  
            charging infrastructure in new development in spite of the  
            fact that accelerating the market for electric vehicles is a  
            cornerstone of California's long-term strategy to reduce  
            pollution and greenhouse gas emissions from the transportation  
            sector.  This bill recognizes the need to incorporate electric  
            vehicle infrastructure into new construction now to avoid  
            expensive retrofitting in the future.  

           2.Not applicable to single-family homes  .  This bill requires BSC  
            to adopt building standards on electric vehicle charging  
            infrastructure only for multifamily dwellings and  
            non-residential structure.  The bill does not require  
            standards for single-family homes.

           3.Building on current local options  .  The bill requires HCD and  
            BSC to use existing sections of the CalGreen Code as the  
            starting point for the mandatory building standards and to  
            amend those standards as necessary.  The existing sections  
            that relate to electric vehicle charging are found in the Tier  
            1 and Tier 2 portions of the CalGreen Code, which apply only  
            in those cities and counties that have adopted them.   For  
            multifamily housing, those sections require that at least  
            three percent of the total parking spaces, but not less than  
            one, be capable of supporting future electric vehicle supply  
            equipment (i.e., the charging station need not be installed,  
            but the wiring must be in place).  With respect to  
            non-residential development, Tier 1 requires the development  
            provide at least 10% of parking spaces for low-emitting,  
            fuel-efficient and carpool/van pool vehicles.  Tier 2 requires  
            that the development provide at least 12% of parking spaces  




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            for such vehicles.  To the extent that the development  
            provides these spaces for electric vehicles, the space must  
            have wiring to accommodate a charger but not necessarily  
            provide the charger.  While the bill gives HCD and BSC  
            discretion to determine the ultimate requirements, the author  
            desires to see these Tier 1 or Tier 2 standards applied  
            statewide and expanded to require a certain percentage of  
            parking spaces in non-residential buildings to be wired for  
            electric vehicle chargers specifically.

           4.Double referral  .  The Senate Rules Committee has referred this  
            bill to both this committee and the Committee on Environmental  
            Quality.
          
          Assembly Votes:
               Floor:    48-21
               Appr: 12-5
               H&CD:   5-2
               Trans:    12-3

          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             June 12,  
          2013.)

               SUPPORT:  American Planning Association, California Chapter
                         California Apartment Association
                         California Building Industry Association
                         California Business Properties Association
                         California State Association of Electrical  
          Workers
                         South Coast Air Quality Management District

               OPPOSED:  None received.