BILL ANALYSIS Ó 1
SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
ALEX PADILLA, CHAIR
SB 454 - Corbett Hearing Date:
April 30, 2013 S
As Amended: April 16, 2013 FISCAL B
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DESCRIPTION
Current law exempts from the definition of a public utility a
facility that supplies electricity to the public only for use to
charge light duty plug-in electric vehicles (PEVs). (Public
Utilities Code 216)
Current federal law requires a manufacturer of an electric vehicle
(EV) fuel dispensing system to determine the electric charge of a
system and affix a permanent legible marking or permanently
attached label that discloses the manufacturer's name, the model
number, serial number, or other identifier of the system, and the
fuel rating. (16 CFR 309)
Current law requires that 22 percent of the vehicles produced and
delivered for sale in California by specified manufacturers be
zero emission vehicles by 2025. (Cal. Admin. Code tit. 13, § 1962)
Current law requires all new PEVs to be equipped with a conductive
charger inlet and charging system which meets all the
specifications contained in Society of Automotive Engineers
Surface Vehicle Recommended Practice and be equipped with an
on-board charger with a minimum specified output. (Cal. Admin.
Code tit. 13, § 1962)
This bill prohibits the provider of an EV charging station from
requiring a subscription or membership as a condition of using the
station but permits the payment of a roaming charge with full
disclosure at the point of sale and requires that the station
accept payment by credit card or mobile technology, or both.
This bill requires that the providers of EV charging stations
disclose all charging sites to the California Energy Commission
(CEC) and to the public, along with a schedule of fees, accepted
methods of payment and the amount of network roaming charges for
nonmembers. The CEC is permitted to release the information to
governmental entities, developers of software applications, or the
public.
This bill permits the CEC to adopt interoperability billing
standards for network roaming payment methods and requires
providers to meet those standards within one year of adoption.
This bill requires the Department of Consumer Affairs (DCA) to
maintain a toll-free number, email address or Internet Web site to
collect consumer complaints regarding violations by providers of
EV charging stations.
This bill defines a public parking space.
BACKGROUND
ZEV Executive Order - In 2012 the Governor signed an executive
order laying the foundation for 1.5 million zero-emission vehicles
(ZEVs) on California's roadways by 2025 which came on the heels of
a California Air Resource Board (CARB) mandate on the largest
automakers to derive 22 percent of their annual California sales
from PEVs and other zero or near-zero emissions vehicles by 2025.
The Governor's executive order set the following targets:
By 2015, all major cities in California will have adequate
infrastructure and be ZEV ready;
By 2020, the state will have established adequate
infrastructure to support 1 million ZEVs in California;
By 2025, there will be 1.5 million ZEVs on the road in
California; and
By 2050, virtually all personal transportation in the
State will be based on ZEVs, and greenhouse gas emissions
from the transportation sector will be reduced by 80 percent
below 1990 levels.
As a result of the order an interagency working group was
established with oversight by the Governor's Office of Planning
and Research (OPR) which released the "2013 Zero-emission Vehicle
Action Plan" in February. The plan identifies specific strategies
and actions that state agencies will take to meet the milestones
of the executive order focusing on four broad goals to advance
ZEVs: complete needed infrastructure and planning; expand consumer
awareness and demand; transform fleets; and grow jobs and
investment in the private sector.
The plan acknowledged the unique fueling infrastructure required
for ZEVs which is fundamentally different for each vehicle type.
"PEV primarily rely on strategically deployed charging stations in
a variety of locations including drivers' homes, workplaces, fleet
facilities and public places such as parking lots and parking
garages. The process of installing PEV charging stations can
sometimes be complex, protracted and expensive." The plan called
for the development of interoperability standards for EV charging
stations that allow all drivers to charge at a station regardless
of membership in a vehicle charging network."
Related to this bill the OPR action plan specifically calls for
(1) requiring that future state-funded PEV charging stations are
open to the public and accessible to all PEV drivers regardless of
drivers' memberships or subscriptions to electric vehicle supply
equipment (EVSE) networks and that industry efforts are encouraged
"to develop interoperability standards for EV charging stations
that enable PEV drivers to locate and reserve public charging
stations and be billed regardless of drivers' memberships or
subscriptions to a network of EV chargers."
CPUC Funded Network - In March 2012 the CPUC announced a $120
million dollar settlement with NRG Energy Inc. that will fund the
construction of a statewide network of charging stations for ZEVs,
including at least 200 public fast-charging stations and another
10,000 plug-in units at 1,000 locations across the state. The
settlement stemmed from California's energy crisis. Of
significance to this bill is a requirement of NRG that all EV
charging stations established under the settlement allow
single-use customers to use a "remote credit card swipe reader
mechanism."
Plug-in Electric Vehicle Resource Center - This center is a
microsite of the CARB's DriveClean.ca.gov website, developed to
provide more in-depth information specifically for PEVs in order
to raise awareness and demand for PEVs. The PEV Resource Center
was created in partnership with the California Plug-in Electric
Vehicle Collaborative.
The intent of the website is to be a comprehensive and impartial
source of information to help various audience groups better
understand plug-in electric drive technology and to provide car
buyers with the information they need to purchase and own a PEV.
Information and resources are developed to educate a variety of
audiences, including consumers, local government officials,
policymakers, fleet managers, original equipment manufacturers
(OEMs), auto dealers, business owners, electricians, first
responders, and the media
Alternative Fuels Data Center - This website is sponsored by the
U.S. Department of Energy and provides information, data, and
tools to help fleets and other transportation decision makers find
ways to reduce petroleum consumption through the use of
alternative and renewable fuels, advanced vehicles, and other
fuel-saving measures. The website includes an Alternative Fueling
Station Locator. Data are gathered and verified through a variety
of methods by the National Renewable Energy Laboratory (NREL)
which obtains information about new stations from trade media,
Clean Cities coordinators, an "Add-a-Station" form on the website,
and through collaborating with infrastructure equipment and fuel
providers.
COMMENTS
1. Author's Purpose . According to the author, EV charging
stations are currently not as convenient as gas stations.
The public has access to only a few stations, and these
stations offer few payment options. Most charging stations
require a subscription or membership, forcing drivers to buy
several memberships and carry them in order to drive longer
distances. The author believes this bill will provide the
framework for EV charging stations to operate similarly to
gas stations, allowing drivers to use their credit cards or
phone to pay for charging. Facilitating charging will assist
the state in achieving its ZEV, greenhouse gas emission
reduction, and air pollution reduction goals, as well as
reduce the state's dependence on oil.
2. Charging Station Access . As the market for PEVs develops
there are a handful of different companies which are
installing charging stations throughout the state each with
different costs and access systems. The stations tend to be
hosted in parking lots at workplaces, retail centers and
transportation hubs. The intent of the author is to ensure
that PEV owners can charge their PEV at any public charging
station regardless of whether they are a member or a
subscriber to a particular company.
The bill has two different access standards referenced
neither of which may be the most accessible and manageable
structure. The first is "network roaming" (page 4, lines
18-21) which is defined as the ability of a subscriber of one
charging network to use a charging station network to which
they do not subscribe with the same network account
information." This standard would likely require companies
to share subscriber information and develop costly
integration technologies. The second access standard is that
stations permit a customer to "pay via credit card or mobile
technology or both." This phrase could only require that a
customer be able to use a smart phone or a smart phone that
can facilitate a credit card transaction. Although early
adopters of PEVs may be tech-savvy and have their smart
phones with them at all times and in all places, there are
still many consumers who do not carry these technologies.
Most PEV charging companies allow a non-member or
non-subscribing PEV owner to use their charging station by
calling an 800 number and providing a credit card number. In
order to ensure consistency in the bill, the greatest access
for the greatest number of car owners, and ease of
administration for EV charging station providers, the author
and committee may wish to consider striking both standards
and instead requiring the use of accredit card by through an
800 number.
3. Charging Station Network Oversight . This bill requires
the provider of an EV charging station that is accessible to
the public to disclose to the CEC its location, fees, and
payment methods. The CEC would be authorized to disclose
that information to the public, private companies, and the
NREL. The CARB has established a very detailed website
(DriveClean.ca.gov) to provide consumers interested in
purchasing PEVs and PEV owners with in-depth information
including charging access. The author and committee may wish
to consider striking the direction to the CEC and instead
requiring data tracking and reporting by CARB which has
already established the website and necessary linkages to
perform this task.
Additionally, the reference to a "provider" of an EV charging
station as the responsible reporting party is not clear since
it does not distinguish between the operator of the charging
network and the host of the station (e.g. an airport or
retail store). The author and committee may wish to consider
replacing "provider of an EV charging station" with "provider
of EV service equipment" which is the common industry
standard in this new market. To also reflect the standard,
"EV service equipment" should also replace "battery charging
station." The need for this clarification was raised by the
National Electrical Manufacturers Association.
4. Interoperability . The CEC is authorized in this bill to
develop "interoperability billing standards for network
roaming payment methods." The necessity of this
authorization is not clear since the bill establishes an
access standard by requiring payment by a credit card or
mobile technology or both. Earlier in the bill
"interoperability is defined as the "ability of one charging
station network to use another network." The two different
references are confusing. Nationally the adoption of
interoperability standards is underway by the National
Electrical Manufacturers Association, National Institute of
Science and Technology, and the American National Standards
Institute. Those standards are focused on the equipment
necessary for connectivity between the electricity supply
point and the charger of electric vehicles. Lastly, if any
standards were appropriate, the CARB has already done a lot
of work in this area and adopted regulations affecting PEVs.
Given the question of necessity of interoperability since the
standard is set in the bill and the confusion between
interoperability for fee payment and connectivity, the author
and committee may wish to consider striking this provision.
Absent that change, at a minimum, CARB should be the
responsible agency rather than the CEC since CARB has already
established itself as the lead agency on PEV regulation.
5. Collecting Complaints . The bill requires the DCA to
collect customer complaints about EV charging stations and
make a summary of the complaints available to the public.
The bill also authorizes DCA to respond to complaints. Given
the extensive work of CARB to stimulate and manage the EV
infrastructure, and its comprehensive "DriveClean.ca.gov"
website, the author and committee may wish to consider
striking the DCA and adding CARB as the responsible agency.
6. Double Referral . This bill was approved by the Senate
Committee on Transportation and Housing on April 9, 2013, by
a vote of 6-3.
POSITIONS
Sponsor:
Plug In America
Support:
American Planning Association, California Chapter
Greenlots
NRG Energy, Inc., if amended
Sierra Club California
UCLA Luskin Center for Innovation
Oppose:
ChargePoint, unless amended
ECOtality, unless amended
National Electrical Manufacturers Association, unless amended
North Bay Nissan
Kellie Smith
SB 454 Analysis
Hearing Date: April 30, 2013