Amended in Assembly September 3, 2013

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 BillNo. 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, 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 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 the service provider of electric vehicle service equipment, as defined, at an electric vehicle charging station, as defined, to disclose to the 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.

This bill, 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.begin delete 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.end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) California is the nation’s largest market for cars and
4light-duty trucks.

P3    1(b) The transportation sector is the biggest contributor to
2California’s greenhouse gas emissions and accounts for
3approximately 40 percent of these emissions.

4(c) California should encourage the development and success
5of zero-emission vehicles to protect the environment, stimulate
6economic growth, and improve the quality of life in the state.

7(d) California should encourage and support the development
8of infrastructure for open and accessible public charging stations.

9(e) In order to reach the goal of 1.5 million electric drive
10vehicles in California by 2025, electric vehicle (EV) consumers
11need confidence that they can access a robust network of publicly
12available EV charging stations. Any EV driver should be able to
13access any publicly available EV charging station, regardless of
14the system provider.

15(f) EV consumers and drivers need to be able to find the stations
16and know how much they cost.

17(g) It is the intent of the Legislature to (1) promote a positive
18driving experience by assisting in the widespread deployment of
19electric vehicles, (2) not limit the ability of a property owner or
20lessee of publicly available parking spaces, as defined in Section
2144268, to restrict use of or access to those parking spaces to its
22customers, and (3) facilitate expanded EV driver access to electric
23vehicle charging stations in public places.

24

SEC. 2.  

Chapter 8.7 (commencing with Section 44268) is added
25to Part 5 of Division 26 of the Health and Safety Code, to read:

26 

27Chapter  8.7. Electric Vehicle Charging Stations Open
28Access Act
29

 

30

44268.  

As used in this chapter, the following terms have the
31following meanings:

32(a) “Battery” means an electrochemical energy storage system
33powered directly by electrical current.

34(b) “Electric vehicle” means a vehicle that uses a plug-in battery
35to provide all or part of the motive power of the vehicle, including
36battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle.

37(c) “Electric vehicle charging station” means one or more
38publicly available parking spaces served by electric vehicle service
39equipment.

P4    1(d) “Electric vehicle service equipment” means an electric
2component assembly or cluster of component assemblies designed
3specifically to charge batteries within electric vehicles by
4permitting the transfer of electric energy to a battery or other
5storage device in an electric vehicle.

6(e) “Interoperability billing standards” means the ability for a
7member of one electric charging station billing network to use
8another billing network.

9(f) “Network roaming” means the act of a member of one
10electric vehicle charging station billing network using a charging
11station that is outside of the member’s billing network with his or
12her billing network account information.

13(g) “Publicly available parking space” means a parking space
14that has been designated by a property owner or lessee to be
15available to, and accessible by, the public and may include on-street
16parking spaces and parking spaces in surface lots or parking
17garages. “Publicly available parking space” shall not include a
18parking space that is part of, or associated with, a private residence,
19a parking space that is reserved for the exclusive use of an
20individual driver or vehicle or for a group of drivers or vehicles,
21such as employees, tenants, visitors, residents of a common interest
22development, or residents of an adjacent building, or a parking
23space provided by a producer of electric vehicles as a service.
24Nothing in this article limits the ability of an owner or lessee of a
25publicly available parking space whose primary business is other
26than electric vehicle charging from restricting use of the parking
27space, such as limiting use to customers and visitors of the
28business.

29

44268.2.  

(a) (1) Persons desiring to use an electric vehicle
30charging station that requires payment of a fee shall not be required
31to pay a subscription fee in order to use the station, and shall not
32be required to obtain membership in any club, association, or
33organization as a condition of using the station. The total actual
34charges for the use of an electric vehicle charging station, including
35any additional network roaming charges for nonmembers, shall
36be disclosed to the public at the point of sale. An electric vehicle
37charging station that requires payment of a fee shall allow a person
38desiring to use the station to pay via credit card or mobile
39technology, or both.

P5    1(2) Notwithstanding paragraph (1), an electric vehicle charging
2station may offer services on a subscription- or membership-only
3basis provided those electric vehicle charging stations allow
4nonsubscribers or nonmembers the ability to use the electric vehicle
5charging station through the payment options detailed in paragraph
6(1).

7(b) The service provider of electric vehicle service equipment
8at an electric vehicle charging station or its designee shall disclose
9to the National Renewable Energy Laboratory the electric vehicle
10charging station’s geographic location, a schedule of fees , accepted
11methods of payment, and the amount of network roaming charges
12for nonmembers, if any.

13(c) Electric vehicle charging stations shall be labeled in
14accordance with Part 309 of Title 16 of the Code of Federal
15Regulations, and, where commercially reasonable and feasible,
16may be clearly marked with appropriate directional signage in the
17parking area or facility where they are located.

18(d) If no interoperability billing standards have been adopted
19by a national standards organization by January 1, 2015, the state
20board may adopt interoperability billing standards for network
21roaming payment methods for electric vehicle charging stations.
22If the state board adopts interoperability billing standards, all
23electric vehicle charging stations that require payment shall meet
24those standards within one year. Any standards adopted by the
25state board shall consider other governmental or industry-developed
26interoperability billing standards and may adopt interoperability
27billing standards promulgated by an outside authoritative body.

begin delete

28(e) The state board shall maintain a toll-free telephone number
29and email address or an Internet Web site to collect consumer
30complaints regarding violations of this section. The state board
31may respond to complaints. The state board shall summarize the
32complaints by number and type of complaint and make the
33summary available to the public annually.

end delete


O

    94