Amended in Senate April 2, 2013

Senate Bill No. 454

Introduced by Senator Corbett

February 21, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

SB 454, as amended, Corbett. begin delete Air end delete begin insert Public end insert 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 begin delete (Energy Commission) end delete , 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 begin delete Energy Commission end delete begin insert commission end insert . 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 begin delete 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 end delete begin insert prohibit the charging of a subscription fee on end insert persons desiring to use begin delete the end delete begin insert an end insert electric vehicle charging station begin delete shall not be required to pay a subscription fee in order to use the station, and shall not be required end delete begin insert , as defined, and would prohibit a requirement for persons end insert to obtain membership in any club, association, or organization as a condition of using the station begin insert , except as specified end insert . The bill begin insert also end insert would begin delete also end delete authorize an electric vehicle charging station to require additional out-of-network charges begin insert for roaming users end insert if those charges are disclosed to the public begin insert , as specified end insert . The bill would require an electric vehicle charging station to provide begin delete one or more end delete begin insert to the general public at least one of 2 end insert specified options of payment begin delete 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 end delete .

The bill would require all begin delete electric vehicle charging stations in public parking spaces end delete begin insert persons end insert that provide begin delete electricity for a fee or monthly subscription end delete begin insert electric vehicle charging services end insert to disclose to the public and the begin delete State Energy Resources Conservation and Development Commission end delete begin insert commission end insert the station’s geographic location, begin delete including specific location in the parking lot or garage if applicable, end delete accepted methods of payment, the amount of the fees begin delete or monthly subscription end delete charged begin delete , any additional charges end delete begin insert nonsubscribers or end insert to nonmembers begin delete or end delete begin insert , including end insert out-of-network charges begin delete , and how a consumer can find out if the charging station is available end delete begin insert for roaming users end insert . 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 begin insert that require payment end insert to meet those standards within one year. The bill would require the Department of Consumer Affairs to maintain a toll-free telephone number and begin delete e-mail end delete begin insert email end insert 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

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

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

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

begin insert

(d) California should encourage and support the development
of infrastructure for open and accessible public charging stations
as well as industry efforts to develop interoperability standards
for those charging stations.

end insert begin delete

(d)

end delete

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

begin delete

(e)

end delete

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

begin delete

(f)

end delete

begin insert (g) end insert  It is the intent of the Legislature to begin insert (1) end insert promote a positive
driving experience begin delete to assist end delete begin insert by assisting end insert in the widespread
deployment of electric vehicles begin insert , (2) not limit the ability of a
property owner or lessor of public parking spaces, as defined in
Section 44268, to restrict use or access of those parking spaces,
and (3) provide procedures that allow EV drivers to access EV
charging station services for a cost or fee through a
network-roaming arrangement from various EV service providers end insert .

SEC. 2.  

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

 

Chapter  8.7. Electric Vehicle Charging Stations Open
Access Act

 

44268.  

As used in this chapter, the following begin delete definitions shall
apply end delete begin insert terms have the following meanings end insert :

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

(b) “Battery charging station” means an electric component
assembly or cluster of component assemblies designed specifically
to charge batteries within electric vehicles begin insert by permitting the
transfer of electric energy to a battery or other storage device in
an electric vehicle end insert .

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

(d) “Electric vehicle charging station” means begin delete any end delete begin insert one or more end insert
public parking begin delete space end delete begin insert spaces end insert located together with a battery
charging station begin delete that supplies electricity for the purpose of
recharging electric vehicles by permitting the transfer of electric
energy to a battery or other storage device in an electric vehicle end delete .
An electric vehicle charging station may include several charge
points simultaneously connecting several electric vehicles to the
station and any related equipment needed to facilitate charging
begin delete plug-in end delete electric vehicles.

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

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

(g) “Public parking space” means a parking space that is
available to begin insert , and accessible by, end insert the begin delete general end delete public and begin delete does end delete begin insert includes
on-street parking spaces, parking spaces in surface lots or
underground or above end insert begin insert -ground parking garages, and designated
visitor parking spaces in a private business parking lot. “Public
parking spaces” shall end insert not include a parking space that is part of,
or begin delete connected to, a residence or for exclusive use of employees.
Public parking spaces include, but are not limited to, onstreet
parking, parking spaces at places of employment, office buildings,
schools, hotels, airports, shopping centers, or restaurants. end delete begin insert connected
to, a private residence or a parking space that is reserved for the
exclusive use of an individual driver or vehicle or for a group of
drivers or vehicles, such as employees, tenants, customers, or
residents of an adjacent building. end insert Nothing in this article limits the
ability of the owner or lessor of the parking space from restricting
use of the parking space.

44268.2.  

(a)  begin delete An electric vehicle charging station that is
installed in a public parking space shall be made available for use
by the general public. end delete begin insert (1) end insert begin insert   end insert Persons desiring to use begin delete the end delete begin insert an end insert electric
vehicle charging station begin insert that requires payment of a fee end insert 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. begin delete An end delete
begin insert Use of an end insert begin insert end insert electric vehicle charging station may require additional
out-of-network charges begin insert for nonmembers end insert if those charges are
disclosed to the public begin insert , pursuant to subdivision (b) end insert . An electric
vehicle charging station shall provide begin insert to the public end insert one or begin delete more end delete
begin insert both end insert of the following options of payment begin delete to the general public end delete :

begin delete

(1)

end delete

begin insert (A) end insert  Pay directly via credit card.

begin delete

(2)

end delete

begin insert (B) end insert  Pay over the begin delete phone end delete begin insert telephone end insert through a toll-free telephone
number established and displayed on begin insert or near end insert the charging station.

begin delete

(3)

end delete

begin insert (2) end insert   begin delete Pay through a network roaming arrangement. end delete
begin insert Notwithstanding paragraph (1), an electric vehicle charging station
may offer services on a subscription- or membership-only basis
provided those electric vehicle charging stations allow
non end insert begin insert subscribers or non end insert begin insert members the ability to use the electric
vehicle charging station through the payment options detailed in
paragraph (1) end insert begin insert . end insert

(b) All begin delete electric vehicle charging stations in public parking spaces
that provide electricity for a fee or monthly subscription end delete begin insert persons
providing electric vehicle charging services end insert shall disclose to the
public and the State Energy Resources Conservation and
Development Commission the station’s geographic location begin delete ,
including specific location in the parking lot or garage if applicable end delete ,
accepted methods of payment, the amount of the fees begin delete or monthly
subscription end delete charged begin insert to nonsubscribers or nonmembers for
single-use charging services or stations end insert , begin insert including end insert any additional
charges to nonmembers or out-of-network charges begin delete , and how a
consumer can find out if the charging station is available end delete begin insert for
roaming users end insert . The commission may 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.

begin delete

(c) Owners of electric vehicle charging stations in public parking
spaces are strongly encouraged 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
they are located.

end delete begin insert

(c) Electric vehicle charging stations subject to the requirements
of this section shall be labeled in accordance with Part 309 of
Title 16 of the Code of Federal Regulations, and where
commercially reasonable and feasible, be clearly marked with
appropriate directional signage in the parking area or facility
where they are located.

end insert

(d) On or after January 1, 2015, the commission may adopt
interoperability standards for network roaming payment methods
for electric vehicle charging stations. If the commission adopts
begin insert interoperability billing end insert standards, all electric vehicle charging
stations begin insert that require payment end insert shall meet those standards within
one year. The commission may adopt begin insert interoperability end insert standards
promulgated by an outside authoritative body.

(e) The Department of Consumer Affairs shall maintain a
toll-free telephone number and begin delete e-mail end delete begin insert email end insert address to collect
consumer complaints about electric vehicle charging stations from
electric vehicle owners or drivers. The department may respond
to complaints. The department shall summarize the complaints by
number and type of complaint and make the summary available
to the public.