Senate BillNo. 454


Introduced by Senator Corbett

February 21, 2013


An act to add Chapter 8.7 (commencing with Section 44268) of Part 5 of Division 26 of the Health and Safety Code, relating to air resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 454, as introduced, Corbett. Air resources: electric vehicle charging stations.

Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the State Energy Resources Conservation and Development Commission (Energy Commission), that authorizes, among other things, upon appropriation by the Legislature, a grant program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources that includes a residential plug-in electric vehicle charging station.

Existing law also creates a grant program for the purchase and lease of zero-emission vehicles, as defined, in the state, to be developed and administered by the State Air Resources Board, in conjunction with the Energy Commission. The program provides grants to specified recipients in an amount equal to 90% of the incremental cost above $1,000 of an eligible new zero-emission light-duty car or truck, as defined.

This bill would create the Electric Vehicle Charging Stations Open Access Act that would require, among other things, that an electric vehicle charging station that is installed in a public parking space be made available for use by the general public. The bill would provide that persons desiring to use the electric vehicle charging station shall not be required to pay a subscription fee in order to use the station, and shall not be required to obtain membership in any club, association, or organization as a condition of using the station. The bill would also authorize an electric vehicle charging station to require additional out-of-network charges if those charges are disclosed to the public. The bill would require an electric vehicle charging station to provide one or more specified options of payment to the general public and would strongly encourage owners of electric vehicle charging stations in public parking spaces to clearly mark their charging stations with Department of Transportation approved signage at the station and at the entrance to the parking area or facility where the station is located.

The bill would require all electric vehicle charging stations in public parking spaces that provide electricity for a fee or monthly subscription to disclose to the public and the State Energy Resources Conservation and Development Commission the station’s geographic location, including specific location in the parking lot or garage if applicable, accepted methods of payment, the amount of the fees or monthly subscription charged, any additional charges to nonmembers or out-of-network charges, and how a consumer can find out if the charging station is available. The bill would authorize the commission to provide this information to the National Renewable Energy Laboratory or other governmental entities for the purposes of compiling it and providing the information to the public.

The bill would also require the commission, on or after January 1, 2015, to adopt interoperability standards for network roaming payment methods for electric vehicle charging stations, and would require, if the commission adopts standards, all electric vehicle charging stations to meet those standards within one year. The bill would require the Department of Consumer Affairs to maintain a toll-free telephone number and e-mail address to collect complaints about electric vehicle charging stations from electric vehicle owners or drivers. The bill would authorize the department to respond to consumer complaints and would require the department to summarize those complaints by number and type of complaint and make the summary available to the public.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

P3    1(a) California is the nation’s largest market for cars and
2light-duty trucks.

3(b) The transportation sector is the biggest contributor to
4California’s greenhouse gas emissions and accounts for
5approximately 40 percent of these emissions.

6(c) California should encourage the development and success
7of zero-emission vehicles to protect the environment, stimulate
8economic growth, and improve the quality of life in the state.

9(d) In order to reach the goal of 1.5 million electric drive
10vehicles in California by 2025, electric vehicle (EV) consumers
11need confidence that they can access a robust network of EV
12charging stations. Any EV driver should be able to access any
13publicly available charging station, regardless of the system
14provider.

15(e) EV consumers and drivers need to be able to find the stations
16and know how much they cost so that electricity can become a
17reliable commodity as a transportation fuel. Consumers will gain
18confidence from fuel pricing transparency and learn the key
19advantage of a fuel which costs the equivalent of less than $1 per
20gallon of gasoline.

21(f) It is the intent of the Legislature to promote a positive driving
22experience to assist in the widespread deployment of electric
23vehicles.

24

SEC. 2.  

Chapter 8.7 (commencing with Section 44268) is added
25to Part 5 of Division 26 of the Health and Safety Code, to read:

26 

27Chapter  8.7. Electric Vehicle Charging Stations Open
28Access Act
29

 

30

44268.  

As used in this chapter, the following definitions shall
31apply:

32(a) “Battery” means an electrochemical energy storage system
33powered directly by electrical current.

34(b) “Battery charging station” means an electric component
35assembly or cluster of component assemblies designed specifically
36to charge batteries within electric vehicles.

37(c) “Electric vehicle” means a vehicle that uses an electric motor
38for all or part of the motive power of the vehicle, including battery
39electric, plug-in hybrid electric, or plug-in fuel cell vehicle.

P4    1(d) “Electric vehicle charging station” means any public parking
2space located together with a battery charging station that supplies
3electricity for the purpose of recharging electric vehicles by
4permitting the transfer of electric energy to a battery or other
5storage device in an electric vehicle. An electric vehicle charging
6station may include several charge points simultaneously
7connecting several electric vehicles to the station and any related
8equipment needed to facilitate charging plug-in electric vehicles.

9(e) “Interoperability standards” means the ability for a member
10of one electric charging station network to use another network.

11(f) “Network roaming” means the act of a member of one
12electric charging station network using a charging station that is
13outside of the member’s network with his or her network account
14information.

15(g) “Public parking space” means a parking space that is
16available to the general public and does not include a parking space
17that is part of, or connected to, a residence or for exclusive use of
18employees. Public parking spaces include, but are not limited to,
19onstreet parking, parking spaces at places of employment, office
20buildings, schools, hotels, airports, shopping centers, or restaurants.
21Nothing in this article limits the ability of the owner or lessor of
22the parking space from restricting use of the parking space.

23

44268.2.  

(a) An electric vehicle charging station that is
24installed in a public parking space shall be made available for use
25by the general public. Persons desiring to use the electric vehicle
26charging station shall not be required to pay a subscription fee in
27order to use the station, and shall not be required to obtain
28membership in any club, association, or organization as a condition
29of using the station. An electric vehicle charging station may
30require additional out-of-network charges if those charges are
31disclosed to the public. An electric vehicle charging station shall
32provide one or more of the following options of payment to the
33general public:

34(1) Pay directly via credit card.

35(2) Pay over the phone through a toll-free telephone number
36established and displayed on the charging station.

37(3) Pay through a network roaming arrangement.

38(b) All electric vehicle charging stations in public parking spaces
39that provide electricity for a fee or monthly subscription shall
40disclose to the public and the State Energy Resources Conservation
P5    1and Development Commission the station’s geographic location,
2including specific location in the parking lot or garage if applicable,
3accepted methods of payment, the amount of the fees or monthly
4subscription charged, any additional charges to nonmembers or
5out-of-network charges, and how a consumer can find out if the
6charging station is available. The commission may provide this
7information to the National Renewable Energy Laboratory or other
8governmental entities for the purposes of compiling it and
9providing the information to the public.

10(c) Owners of electric vehicle charging stations in public parking
11spaces are strongly encouraged to clearly mark their charging
12stations with Department of Transportation approved signage at
13the station, and at the entrance to the parking area or facility where
14they are located.

15(d) On or after January 1, 2015, the commission may adopt
16interoperability standards for network roaming payment methods
17for electric vehicle charging stations. If the commission adopts
18standards, all electric vehicle charging stations shall meet those
19standards within one year. The commission may adopt standards
20promulgated by an outside authoritative body.

21(e) The Department of Consumer Affairs shall maintain a
22toll-free telephone number and e-mail address to collect consumer
23complaints about electric vehicle charging stations from electric
24vehicle owners or drivers. The department may respond to
25complaints. The department shall summarize the complaints by
26number and type of complaint and make the summary available
27to the public.



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