BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1092 (Levine) - Building standards: electric vehicle charging
infrastructure.
Amended: June 10, 2013 Policy Vote: T&H 8-0; EQ 7-2
Urgency: No Mandate: No
Hearing Date: August 12, 2013
Consultant: Mark McKenzie
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1092 would require the Building Standards
Commission (BSC) to adopt and publish mandatory building
standards for the installation of future electric vehicle
charging infrastructure for parking spaces in multifamily and
nonresidential developments. The bill requires Department of
Housing and Community Development (HCD) to propose those
building standards for multifamily residential dwellings, and
requires HCD and the BSC to actively consult with specified
interested parties.
Fiscal Impact:
BSC costs of approximately $60,000 annually in 2014-15 and
2015-16 for 1/2 PY of staff time to develop and adopt
building standards for nonresidential development (Building
Standards Administration Special Revolving Fund).
HCD costs of up to $50,000 annually in 2014-15 and 2015-16
for up to 1/2 PY of staff time to develop and adopt building
standards for multifamily residential development (General
Fund).
Background: Existing law, the California Building Standards Law,
authorizes the BSC to approve and adopt building standards
through a triennial rulemaking process to revise and update the
California Building Standards Code. There are approximately
twenty state agencies that develop building standards for
submittal to the BSC for review, approval, and adoption. HCD is
responsible for proposing building standards to the BSC for
residential buildings including, hotels, motels, lodging houses,
apartment houses, dwellings, buildings and structures. In the
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absence of a designated state agency, the BSC is required to
adopt specific building standards, as prescribed. Building
standards take effect 180 days after they are published, unless
a different date is specified. The most recent update to the
Building Standards Code will be effective as of January 1, 2014.
Existing law also requires the BSC to publish, or cause to be
published, the California Green Building Standards Code
(CALGreen Code) once every three years. The CALGreen Code is
maintained as a separate chapter of the Building Standards Code,
and contains both mandatory and voluntary building standards
intended to enhance the design and construction of buildings
using building concepts that have positive environmental impacts
or reduce negative impacts, and encourage sustainable
construction practices.
The 2010 CALGreen Code establishes standards for electric
vehicle charging in the Tier 1 and Tier 2 portions, which apply
only in those cities and counties that have adopted them.
Provisions applicable to multifamily dwellings require that at
least 3% of the total parking spaces, but not less than one, be
capable of supporting future electric vehicle supply equipment,
which means the wiring must be in place, but the charging
station itself need not be installed. For nonresidential
development, Tier 1 requires that at least 10% of parking spaces
are available for low-emitting, fuel-efficient and carpool/van
pool vehicles, including electric vehicles. Tier 2 requires
that the development provide at least 12% of parking spaces 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.
Proposed Law: AB 1092 would require the BSC, commencing with the
next triennial update of the Building Standards Code, to adopt,
approve, codify and publish mandatory building standards for the
installation of future electric vehicle charging infrastructure
for parking spaces in multifamily dwellings and nonresidential
development. HCD would be required to propose those standards
for parking spaces in multifamily dwellings and submit them to
the BSC for consideration. The bill requires HCD and the BSC to
use specified sections of CALGreen related to electric vehicle
charging as the starting point for the mandatory building
standards, and requires them to actively consult with interested
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parties, including utilities, manufacturers, local building
officials, commercial building and apartment owners, and the
building industry.
Staff Comments: HCD indicates that it recently contracted for a
study evaluating electrical vehicle infrastructure readiness in
residential construction. A final report on this topic is
tentatively scheduled for completion at the end of this month.
HCD estimates that any costs associated with this bill would be
minor, since it is currently engaged in the issue of electric
vehicle infrastructure. Staff assumes that HCD would incur the
equivalent of 1/2 PY in staffing costs associated with the
development and proposal of mandatory building standards,
including participating in the rulemaking process.
While the bill specifies that HCD is responsible for mandatory
building standards for the installation of future electric
vehicle charging infrastructure in multifamily developments, it
is silent on who is required to propose mandatory building
standards for nonresidential developments. The fiscal estimates
noted above reflect the assumption that the BSC would develop
and propose those standards in the rulemaking process.