Amended in Senate May 7, 2013

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 begin delete includes end delete begin insert include end insert 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 begin delete , end delete to be developed and administered by the State Air Resources Board begin delete , end delete 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 begin delete that end delete begin insert , which end insert 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 would, however, authorize an electric vehicle charging station to require additional network roaming charges for nonmembers if those charges are disclosed to the public at the point of sale. The bill would require an electric vehicle charging station to provide to the general public 2 specified options of payment.

begin delete

The

end delete

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

begin delete

The

end delete

begin insert This end insert bill would also require the begin delete commission end delete begin insert state board end insert , on or after January 1, 2015, to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations, and would require, if the begin delete commission end delete begin insert stat end insert begin insert e board end insert adopts standards, all electric vehicle charging stations that require payment to meet those standards within one year. The bill begin insert also end insert would require the begin delete Department of Consumer Affairs end delete begin insert state board end insert to maintain a toll-free telephone number and email address or an Internet Web site to collect consumer complaints regarding violations of these provisions. The bill would authorize the begin delete department end delete begin insert state board end insert to respond to consumer complaints and would require the begin delete department end delete begin insert state board end insert to summarize those complaints by number and type of complaint and make the summary available to the public annually.

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.

(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 to customers, and (3)
facilitate EV driver access to all electric vehicle charging stations
in public places.

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 a plug-in battery
to provide 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 served by a battery charging station.

(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 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 associated with, 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, residents of a common interest development, or residents
of an adjacent building. Nothing in this article limits the 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.

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 network roaming
charges for nonmembers if those charges are disclosed to the public
at the point of sale. An electric 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.

(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) The provider of an electric vehicle charging station that is
accessible to the public shall disclose to the public and the begin delete State
Energy Resources Conservation and Development Commission end delete
begin insert state board end insert the station’s geographic location, a schedule of fees ,
accepted methods of payment, and the amount of network roaming
charges for nonmembers, if any. The begin delete commission end delete begin insert state board end insert may
provide this information to the National Renewable Energy
Laboratory, to other governmental entities, or to software
application developers for the purpose of compiling it and
providing the information to the public. The begin delete commission end delete begin insert state
board end insert may also release the information directly to the public.

(c) Electric vehicle charging stations shall be labeled in
accordance with Part 309 of Title 16 of the Code of Federal
Regulations, and begin insert , end insert where commercially reasonable and feasible,
begin insert shall end insert 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 begin delete commission end delete begin insert state board end insert
may adopt interoperability billing standards for network roaming
payment methods for electric vehicle charging stations. If the
begin delete commission end delete begin insert state board end insert adopts interoperability billing standards,
all electric vehicle charging stations that require payment shall
meet those standards within one year. The begin delete commission end delete begin insert state board end insert
shall consider other governmental or industry-developed
interoperability billing standards and may adopt interoperability
standards promulgated by an outside authoritative body.

(e) The begin delete Department of Consumer Affairs end delete begin insert state board end insert shall
maintain a toll-free telephone number and email address or an
Internet Web site to collect consumer complaints regarding
violations of this section. The begin delete department end delete begin insert state board end insert may respond
to complaints. The begin delete department end delete begin insert state board end insert shall summarize the
complaints by number and type of complaint and make the
summary available to the public annually.