BILL NUMBER: SB 454 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE MAY 7, 2013
AMENDED IN SENATE APRIL 16, 2013
AMENDED IN SENATE APRIL 2, 2013
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
which 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 would,
however, authorize an electric vehicle charging station to require
additional network roaming charges for nonmembers if those charges
are would require the total actual charges for
the use of an electric vehicle charging station to be
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 all persons that provide
the service provider of electric vehicle
charging services service equipment, as
defined, at an electric vehicle charging station, as defined,
to disclose to the public and the state board
National Renewable Energy Laboratory the charging
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 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.
This bill would also require the state board, on or after
, if no interoperability billing standards
have been adopted by a national standards organization by
January 1, 2015, would authorize the state board to adopt
interoperability billing standards , as defined, 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 publicly
available EV charging stations. Any EV driver should be able to
access any publicly available EV 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 lessee of public
publicly available parking spaces, as defined in
Section 44268, to restrict use of or access of
to those parking spaces to its
customers, and (3) facilitate expanded 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)
(b) "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)
(c) "Electric vehicle charging station" means one or
more public publicly available parking
spaces served by a battery charging station
electric vehicle service equipment .
(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.
(e) "Interoperability billing standards" means the
ability for a member of one electric charging station billing
network to use another billing network.
(f) "Network roaming" means the act of a member of one electric
vehicle charging station billing network using
a charging station that is outside of the member's billing
network with his or her billing network account
information.
(g) "Public "Publicly available
parking space" means a parking space that is
has been designated by a property owner or lessee to be
available to, and accessible by, the public and includes
may include on-street parking spaces,
spaces and parking spaces in surface lots or
parking garages, and designated visitor parking spaces in a
private business parking lot. "Public garages.
"Publicly available parking spaces"
space" shall not include a parking space that is part of, or
associated with, a private residence or
residence, 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, visitors, residents
of a common interest development, or residents of an adjacent
building , or a parking space provided by a producer of electric
vehicles as a service . Nothing in this article limits the
ability of an owner or lessor lessee of
a publicly a vailable parking space whose
primary business is other than electric vehicle charging from
restricting use of the parking space space,
such as limiting use to customers and visitors 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
The total actual charges for the use of an electric vehicle charging
station, including any additional network roaming charges for
nonmembers, shall be 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 service provider of an
electric vehicle charging station that is accessible to the
public service equipment at an electric vehicle
charging station or its designee shall disclose to the
public and the state board National Renewable Energy
Laboratory the electric vehicle charging station's
geographic location, a schedule of fees , accepted methods of
payment, and the amount of network roaming charges for nonmembers, if
any. 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.
(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,
shall may be clearly marked with
appropriate directional signage in the parking area or facility where
they are located.
(d) On or after If no interoperability
billing standards have been adopted by a national
standards organization by 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. The Any standards adopted by
the state board shall consider other governmental or
industry-developed interoperability billing standards and may adopt
interoperability billing 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.