BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 454|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                 UNFINISHED BUSINESS


          Bill No:  SB 454
          Author:   Corbett (D)
          Amended:  9/3/13
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  6-3, 4/9/13
          AYES:  DeSaulnier, Beall, Galgiani, Lara, Liu, Pavley
          NOES:  Gaines, Cannella, Wyland
          NO VOTE RECORDED:  Hueso, Roth

           SENATE ENERGY, UTIL.& COMMUNIC.COMM.  :  6-4, 4/30/13
          AYES:  Padilla, Corbett, De León, DeSaulnier, Pavley, Wolk
          NOES:  Fuller, Cannella, Knight, Wright
          NO VOTE RECORDED:  Hill

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/23/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines

           SENATE FLOOR  :  28-11, 5/29/13
          AYES:  Beall, Block, Calderon, Corbett, Correa, De León,  
            DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso,  
            Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley,  
            Price, Roth, Steinberg, Torres, Wolk, Wright, Yee
          NOES:  Anderson, Berryhill, Cannella, Emmerson, Fuller, Gaines,  
            Huff, Knight, Nielsen, Walters, Wyland
          NO VOTE RECORDED:  Vacancy

           ASSEMBLY FLOOR  :  51-25, 9/9/13 - See last page for vote


           SUBJECT  :    Electric vehicle charging stations
                                                                CONTINUED





                                                                     SB 454
                                                                     Page  
          2


           SOURCE  :     Plug In America


           DIGEST  :    This bill prohibits the provider of an electric  
          vehicle (EV) charging station from requiring a subscription or  
          membership as a condition of using the station; requires the  
          total actual charges for the use of an EV charging station,  
          including any network roaming charges, be disclosures at the  
          point of sale; and requires that an EV charging station accept  
          payment by credit card or mobile technology, or both.   

          Assembly Amendments  delete the requirement for the Air Resources  
          Board (ARB) to maintain a toll-free telephone and email or  
          Internet Web site to collect customer complaints about EV  
          charging stations.

           ANALYSIS  :    Existing federal law requires a manufacturer of an  
          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 Code of Federal Regulations Part 309)

          Existing state law:

          1. 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 Section 216)

          2. Requires that 22% of the vehicles produced and delivered for  
             sale in California by specified manufacturers be  
             zero-emission vehicles (ZEVs) by 2025.  (California  
             Administrative Code (CAC) Title 13, Section 1962)

          3. 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.  (CAC Title  
             13, Section 1962)

          This bill:

                                                                CONTINUED





                                                                     SB 454
                                                                     Page  
          3


           1. Prohibits the provider of an EV charging station which  
             requires payment of a fee from requiring a user to pay a  
             subscription fee or obtain membership in order to use the  
             station. 

           2. Requires the total charges for the use of the electric  
             charging station, including any additional network roaming  
             charges for nonmembers, be disclosed to the public as the  
             point of sale.

           3. Requires the provider of an EV charging station to accept  
             payment via credit card or via mobile technology or both.

           4. Requires the provider of EV service equipment at an EV  
             charging station to disclose to the public and the National  
             Renewable Energy Laboratory the station's geographic  
             location, a schedule of fees, accepted methods of payment,  
             and the amount of network roaming fees charges for  
             nonmembers.  

           5. Authorizes the provider to label charging stations in  
             accordance with federal regulations and, where commercially  
             reasonable and feasible, clearly mark the way to the station  
             with appropriate directional signage.

           6. If no interoperability billing standards are developed by a  
             national standards organization by January 1, 2015, the ARB  
             may adopt interoperability billing standards for network  
             roaming payment methods for EV charging stations.  If the ARB  
             adopts such standards, all EV charging stations which require  
             payment must meet those standards within one year.  Requires  
             any standards adopted by ARB consider other governmental or  
             industry-developed interoperability billing standards, and  
             allows ARB to adopt interoperability billing standards  
             promulgated by an outside authoritative body.

           Background
           
           ZEV Executive Order  .  In 2012, Governor Brown signed an  
          executive order laying the foundation for 1.5 million ZEVs on  
          California's roadways by 2025 which came on the heels of a ARB  
          mandate on the largest automakers to derive 22% of their annual  
          California sales from PEVs and other zero or near-zero emissions  

                                                                CONTINUED





                                                                     SB 454
                                                                     Page  
          4

          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 one 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% 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  
          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 EV supply equipment  

                                                                CONTINUED





                                                                     SB 454
                                                                     Page  
          5

          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."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, one-time cost  
          pressures of up to $370,000 (special fund) in fiscal year  
          2013-14 to develop billing standards.

           SUPPORT  :   (Verified  9/9/13)

          Plug In America (source)
          American Planning Association, California Chapter
          Greenlots
          NRG Energy, Inc.
          Sierra Club California
          University of California Los Angeles Luskin Center for  
          Innovation

           ARGUMENTS IN SUPPORT  :    According to the author's office, 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's office 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.  

           ASSEMBLY FLOOR  :  51-25, 9/9/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Frazier,  
            Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,  
            Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell,  
            Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez,  

                                                                CONTINUED





                                                                     SB 454
                                                                     Page  
          6

            Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,  
            Weber, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones,  
            Linder, Logue, Maienschein, Mansoor, Melendez, Morrell,  
            Nestande, Olsen, Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Fox, Hall, Vacancy, Vacancy


          JA:k  9/9/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****































                                                                CONTINUED