Amended in Senate May 24, 2013

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, begin delete that end delete begin insert which end insert 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 include 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, which 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 would, however, authorize an electric vehicle charging station to require additional network roaming charges for nonmembers if those charges are end delete begin insert would require the total actual charges for the use of an electric vehicle charging station to be end insert 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.

This bill would require begin delete all persons that provide end delete begin insert the service provider of end insert electric vehicle begin delete charging services end delete begin insert service equipment, as defined, at an electric vehicle charging station, as defined, end insert to disclose to the begin delete public and the state board end delete begin insert National Renewable Energy Laboratory end insert the begin insert charging end insert station’s geographic location, a schedule of fees, accepted methods of payment, and the amount of network roaming charges for nonmembers, if any. begin delete The bill would authorize the state board 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 state board to release the information directly to the public. end delete

This bill begin delete would also require the state board, on or after end delete begin insert , if no interoperability billing standards have been adopted by a national standards organization by end insert January 1, 2015, begin insert would authorize the state board end insert to adopt interoperability billing standards begin insert , as defined, end insert for network roaming payment methods for electric vehicle charging stations, and would require, if the state board adopts standards, all electric vehicle charging stations that require payment to meet those standards within one year. The bill also would require the state board 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 state board to respond to consumer complaints and would require the state board 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 begin insert publicly
available end insert EV charging stations. Any EV driver should be able to
access any publicly available begin insert EV end insert 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
begin delete lessor end delete begin insert lessee end insert of begin delete public end delete begin insert publicly available end insert parking spaces, as defined
in Section 44268, to restrict use begin insert of end insert or access begin delete of end delete begin insert to end insert those parking
spaces to begin insert its end insert customers, and (3) facilitate begin insert expanded end insert EV driver
access to begin delete all end delete 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.

begin delete

(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)

end delete

begin insert (b) end insert  “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.

begin delete

(d)

end delete

begin insert (c) end insert  “Electric vehicle charging station” means one or more begin delete public end delete
begin insert publicly available end insert parking spaces served by begin delete a battery charging
station end delete begin insert electric vehicle service equipment end insert .

begin insert

(d) “Electric vehicle service equipment” 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.

end insert

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

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

(g)  begin delete “Public end delete begin insert “Publicly available end insert parking space” means a parking
space that begin delete is end delete begin insert has been designated by a property owner or lessee
to be end insert available to, and accessible by, the public and begin delete includes end delete begin insert may
include end insert on-street parking begin delete spaces, end delete begin insert spaces and end insert parking spaces in
surface lots or parking begin delete garages, and designated visitor parking
spaces in a private business parking lot. “Public end delete begin insert garages. “Publicly
available end insert parking begin delete spaces” end delete begin insert space” end insert shall not include a parking space
that is part of, or associated with, a private begin delete residence or end delete begin insert residence, end insert
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 insert visitors, end insert residents of a common interest
development, or residents of an adjacent building begin insert , or a parking
space provided by a producer of electric vehicles as a service end insert .
Nothing in this article limits the ability of an owner or begin delete lessor end delete begin insert lessee end insert
of a begin insert publicly available end insert parking space whose primary business is
other than electric vehicle charging from restricting use of the
parking begin delete space end delete begin insert space, such as limiting use end insert to customers begin insert and visitors end insert
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. begin delete Use of an electric
vehicle charging station may require additional network roaming
charges for nonmembers if those charges are end delete begin insert The total actual
charges for the use of an electric vehicle charging station,
including any additional network roaming charges for
nonmembers, shall be end insert 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 begin insert service end insert provider of begin delete an end delete electric vehicle begin delete charging station
that is accessible to the public end delete begin insert service equipment at an electric
vehicle charging station or its designee end insert shall disclose to the begin delete public
and the state board end delete begin insert National Renewable Energy Laboratory end insert the
begin insert electric vehicle charging end insert station’s geographic location, a schedule
of fees , accepted methods of payment, and the amount of network
roaming charges for nonmembers, if any. begin delete The state board 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 state board may also
release the information directly to the public. end delete

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

(d)  begin delete On or after end delete begin insert If no interoperability billing standards have been
adopted by a national standards organization by end insert January 1, 2015,
the state board may adopt interoperability billing standards for
network roaming payment methods for electric vehicle charging
stations. If the state board adopts interoperability billing standards,
all electric vehicle charging stations that require payment shall
meet those standards within one year. begin delete The end delete begin insert Any standards adopted
by the end insert state board shall consider other governmental or
industry-developed interoperability billing standards and may
adopt interoperability begin insert billing end insert standards promulgated by an outside
authoritative body.

(e) The state board 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 state board
may respond to complaints. The state board shall summarize the
complaints by number and type of complaint and make the
summary available to the public annually.