Amended in Senate April 16, 2013

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) to Part 5 of Division 26 of the Health and Safety Code, relating to air resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 454, as amended, Corbett. Public 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, 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 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 prohibit the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and would prohibit a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The bill begin delete also end delete would begin insert , however, end insert authorize an electric vehicle charging station to require additional begin delete out-of-network end delete begin insert network roaming end insert charges for begin delete roaming users end delete begin insert nonmembers end insert if those charges are disclosed to the public begin delete , as specified end delete begin insert at the point of sale end insert . The bill would require an electric vehicle charging station to provide to the general public begin delete at least one of end delete 2 specified options of payment.

The bill would require all persons that provide electric vehicle charging services to disclose to the public and the commission the station’s geographic location, begin insert a schedule of fees, end insert accepted methods of payment, begin insert and end insert the amount of begin delete the fees charged nonsubscribers or to nonmembers, including out-of-network charges for roaming users end delete begin insert network roaming charges for nonmembers, if any end insert . The bill would authorize the commission to provide this information to the National Renewable Energy Laboratory begin delete or end delete begin insert , to end insert other governmental entities begin insert , or to software application developers end insert for the begin delete purposes end delete begin insert purpose end insert of compiling it and providing the information to the public. begin insert The bill would also authorize the commission to release the information directly to the public. end insert

The bill would also require the commission, on or after January 1, 2015, to adopt interoperability begin insert billing end insert standards for network roaming payment methods for electric vehicle charging stations, and would require, if the commission adopts standards, all electric vehicle charging stations that require payment to meet those standards within one year. The bill would require the Department of Consumer Affairs to maintain a toll-free telephone number and email address begin insert or an Internet Web site end insert to collect begin insert consumer end insert complaints begin delete about electric vehicle charging stations from electric vehicle owners or drivers end delete begin insert regarding violations of these provisions end insert . 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 begin insert annually end insert .

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.

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

(e) 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.

(f) EV consumers and drivers need to be able to find the stations
and know how much they cost.

(g) It is the intent of the Legislature to (1) promote a positive
driving experience by assisting in the widespread deployment of
electric vehicles, (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 begin insert to customers end insert , and (3)
begin delete 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 delete begin insert facilitate EV driver
access to all electric vehicle charging stations in public places 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 terms have the
following meanings:

(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 by permitting the
transfer of electric energy to a battery or other storage device in
an electric vehicle.

(c) “Electric vehicle” means a vehicle that uses begin delete an electric motor
for end delete begin insert a plu end insert begin insert g-in battery to provide end insert 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 one or more public
parking spaces begin delete located together with end delete begin insert served by end insert a battery charging
begin delete station .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 electric vehicles. end delete begin insert station. end insert

(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, and accessible by, the public and includes on-street
parking spaces, parking spaces in surface lots or begin delete underground or
above-ground end delete parking garages, and designated visitor parking
spaces in a private business parking lot. “Public parking spaces”
shall not include a parking space that is part of, or begin delete connected to end delete
begin insert associated with end insert , 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,
begin delete customers end delete begin insert residents of a common interest development end insert , or residents
of an adjacent building. Nothing in this article limits the begin delete ability of
the owner or lessor of the parking space from restricting use of the
parking space. end delete begin insert ability of an owner or lessor of a parking space
whose primary business is other than electric vehicle charging
from restricting use of the parking space to customers of the
business. end insert

44268.2.  

(a) (1) Persons desiring to use an electric vehicle
charging station that requires payment of a fee 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. Use of an electric
vehicle charging station may require additional begin delete out-of-network end delete
begin insert network roaming end insert charges for nonmembers if those charges are
disclosed to the public begin delete , pursuant to subdivision (b) end delete begin insert at the point of
sale end insert . An electric begin delete vehicle charging station shall provide to the public
one or both of the following options of payment: end delete begin insert vehicle charging
station that requires payment of a fee shall allow a person desiring
to use the station to pay via credit card or mobile technology, or
both. end insert

begin delete

(A) Pay directly via credit card.

end delete begin delete

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

end delete

(2) 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
nonsubscribers or nonmembers the ability to use the electric vehicle
charging station through the payment options detailed in paragraph
(1).

(b)  begin delete All persons providing electric vehicle charging services shall
disclose to the end delete begin insert The provider of an electric vehicle charging station
that is accessible to the public shall disclose to the end insert public and the
State Energy Resources Conservation and Development
Commission the station’s geographic location begin insert , a schedule of fees end insert
, accepted methods of payment, begin delete the amount of the fees charged to
nonsubscribers or nonmembers for single-use charging services
or stations, including any additional charges to nonmembers or
out-of-network charges for roaming users end delete begin insert and the amount of
network roaming charges for non end insert begin insert members, if any end insert . The commission
may provide this information to the National Renewable Energy
Laboratory begin delete or end delete begin insert , to end insert other governmental entities begin insert , or to software
application developers end insert for the begin delete purposes end delete begin insert purpose end insert of compiling it
and providing the information to the public. begin insert The commission may
also release the information directly to the public end insert begin insert . end insert

(c) Electric vehicle charging stations begin delete subject to the requirements
of this section end delete 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.

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

(e) The Department of Consumer Affairs shall maintain a
toll-free telephone number and email address begin insert or an Internet Web
site end insert to collect consumer complaints begin delete about electric vehicle charging
stations from electric vehicle owners or drivers end delete begin insert regarding violations
of this section end insert . 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
begin insert annually end insert .