Amended in Assembly April 21, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 946


Introduced by Assembly Member Ting

February 26, 2015


An act to amend Sectionbegin delete 44268.2end deletebegin insert 44272end insert of the Health and Safety Code, relating to electric vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 946, as amended, Ting. Electric vehicle charging stations.

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Existing law requires the State Energy Resources Conservation and Development Commission to implement the Alternative and Renewable Fuel Vehicle Technology Program to provide financial assistance to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Existing law includes within the program alternative and renewable fuel infrastructure, fueling stations, and equipment.

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This bill would specify that alternative and renewable fuel infrastructure includes electric vehicle charging infrastructure in disadvantaged communities.

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Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The act authorizes the State Air Resources Board to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015. The act provides that if the state board adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within one year.

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This bill would change the date of the state board’s conditional authorization to adopt those interoperability billing standards to January 1, 2016, and would require the electric vehicle charging stations to meet those standards within 6 months.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 44272 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

44272.  

(a) The Alternative and Renewable Fuel and Vehicle
4Technology Program is hereby created. The program shall be
5administered by the commission. The commission shall implement
6the program by regulation pursuant to the requirements of Chapter
73.5 (commencing with Section 11340) of Part 1 of Division 3 of
8Title 2 of the Government Code. The program shall provide, upon
9appropriation by the Legislature, competitive grants, revolving
10loans, loan guarantees, loans, or other appropriate funding
11measures, to public agencies, vehicle and technology entities,
12businesses and projects, public-private partnerships, workforce
13training partnerships and collaboratives, fleet owners, consumers,
14recreational boaters, and academic institutions to develop and
15deploy innovative technologies that transform California’s fuel
16and vehicle types to help attain the state’s climate change policies.
17The emphasis of this program shall be to develop and deploy
18technology and alternative and renewable fuels in the marketplace,
19without adopting any one preferred fuel or technology.

20(b) A project that receives more than seventy-five thousand
21dollars ($75,000) in funds from the commission shall be approved
22at a noticed public meeting of the commission and shall be
23consistent with the priorities established by the investment plan
24adopted pursuant to Section 44272.5. Under this article, the
25commission may delegate to the commission’s executive director,
P3    1or his or her designee, the authority to approve either of the
2following:

3(1) A contract, grant, loan, or other agreement or award that
4receives seventy-five thousand dollars ($75,000) or less in funds
5from the commission.

6(2) Amendments to a contract, grant, loan, or other agreement
7or award as long as the amendments do not increase the amount
8of the award, change the scope of the project, or modify the purpose
9of the agreement.

10(c) The commission shall provide preferences to those projects
11that maximize the goals of the Alternative and Renewable Fuel
12and Vehicle Technology Program, based on the following criteria,
13as applicable:

14(1) The project’s ability to provide a measurable transition from
15the nearly exclusive use of petroleum fuels to a diverse portfolio
16of viable alternative fuels that meet petroleum reduction and
17alternative fuel use goals.

18(2) The project’s consistency with existing and future state
19climate change policy and low-carbon fuel standards.

20(3) The project’s ability to reduce criteria air pollutants and air
21toxics and reduce or avoid multimedia environmental impacts.

22(4) The project’s ability to decrease, on a life-cycle basis, the
23discharge of water pollutants or any other substances known to
24damage human health or the environment, in comparison to the
25production and use of California Phase 2 Reformulated Gasoline
26or diesel fuel produced and sold pursuant to California diesel fuel
27regulations set forth in Article 2 (commencing with Section 2280)
28of Chapter 5 of Division 3 of Title 13 of the California Code of
29Regulations.

30(5) The project does not adversely impact the sustainability of
31the state’s natural resources, especially state and federal lands.

32(6) The project provides nonstate matching funds. Costs incurred
33from the date a proposed award is noticed may be counted as
34nonstate matching funds. The commission may adopt further
35requirements for the purposes of this paragraph. The commission
36is not liable for costs incurred pursuant to this paragraph if the
37commission does not give final approval for the project or the
38proposed recipient does not meet requirements adopted by the
39commission pursuant to this paragraph.

P4    1(7) The project provides economic benefits for California by
2promoting California-based technology firms, jobs, and businesses.

3(8) The project uses existing or proposed fueling infrastructure
4to maximize the outcome of the project.

5(9) The project’s ability to reduce on a life-cycle assessment
6greenhouse gas emissions by at least 10 percent, and higher
7percentages in the future, from current reformulated gasoline and
8diesel fuel standards established by the state board.

9(10) The project’s use of alternative fuel blends of at least 20
10percent, and higher blend ratios in the future, with a preference
11for projects with higher blends.

12(11) The project drives new technology advancement for
13vehicles, vessels, engines, and other equipment, and promotes the
14deployment of that technology in the marketplace.

15(d) The commission shall rank applications for projects proposed
16for funding awards based on solicitation criteria developed in
17accordance with subdivision (c), and shall give additional
18preference to funding those projects with higher benefit-cost scores.

19(e) Only the following shall be eligible for funding:

20(1) Alternative and renewable fuel projects to develop and
21improve alternative and renewable low-carbon fuels, including
22electricity, ethanol, dimethyl ether, renewable diesel, natural gas,
23hydrogen, and biomethane, among others, and their feedstocks
24that have high potential for long-term or short-term
25commercialization, including projects that lead to sustainable
26feedstocks.

27(2) Demonstration and deployment projects that optimize
28alternative and renewable fuels for existing and developing engine
29technologies.

30(3) Projects to produce alternative and renewable low-carbon
31fuels in California.

32(4) Projects to decrease the overall impact of an alternative and
33renewable fuel’s life cycle carbon footprint and increase
34sustainability.

35(5) Alternative and renewable fuel infrastructure, fueling
36stations, and equipment. The preference in paragraph (10) of
37subdivision (c) shall not apply to renewable diesel or biodiesel
38infrastructure, fueling stations, and equipment used solely for
39renewable diesel or biodiesel fuel.begin insert Alternative and renewable fuel
P5    1infrastructure includes electric vehicle charging infrastructure in
2disadvantaged communities identified pursuant to Section 39711.end insert

3(6) Projects to develop and improve light-, medium-, and
4heavy-duty vehicle technologies that provide for better fuel
5efficiency and lower greenhouse gas emissions, alternative fuel
6usage and storage, or emission reductions, including propulsion
7systems, advanced internal combustion engines with a 40 percent
8or better efficiency level over the current market standard,
9lightweight materials, intelligent transportation systems, energy
10storage, control systems and system integration, physical
11measurement and metering systems and software, development of
12design standards and testing and certification protocols, battery
13recycling and reuse, engine and fuel optimization electronic and
14electrified components, hybrid technology, plug-in hybrid
15technology, battery electric vehicle technology, fuel cell
16technology, and conversions of hybrid technology to plug-in
17technology through the installation of safety certified supplemental
18battery modules.

19(7) Programs and projects that accelerate the commercialization
20of vehicles and alternative and renewable fuels including buy-down
21programs through near-market and market-path deployments,
22advanced technology warranty or replacement insurance,
23development of market niches, supply-chain development, and
24research related to the pedestrian safety impacts of vehicle
25technologies and alternative and renewable fuels.

26(8) Programs and projects to retrofit medium- and heavy-duty
27onroad and nonroad vehicle fleets with technologies that create
28higher fuel efficiencies, including alternative and renewable fuel
29vehicles and technologies, idle management technology, and
30aerodynamic retrofits that decrease fuel consumption.

31(9) Infrastructure projects that promote alternative and renewable
32fuel infrastructure development connected with existing fleets,
33public transit, and existing transportation corridors, including
34physical measurement or metering equipment and truck stop
35electrification.

36(10) Workforce training programs related to alternative and
37renewable fuel feedstock production and extraction, renewable
38fuel production, distribution, transport, and storage,
39high-performance and low-emission vehicle technology and high
40tower electronics, automotive computer systems, mass transit fleet
P6    1conversion, servicing, and maintenance, and other sectors or
2occupations related to the purposes of this chapter.

3(11) Block grants or incentive programs administered by public
4entities or not-for-profit technology entities for multiple projects,
5education and program promotion within California, and
6development of alternative and renewable fuel and vehicle
7technology centers. The commission may adopt guidelines for
8implementing the block grant or incentive program, which shall
9be approved at a noticed public meeting of the commission.

10(12) Life cycle and multimedia analyses, sustainability and
11environmental impact evaluations, and market, financial, and
12technology assessments performed by a state agency to determine
13the impacts of increasing the use of low-carbon transportation fuels
14and technologies, and to assist in the preparation of the investment
15plan and program implementation.

16(13) A program to provide funding for homeowners who
17purchase a plug-in electric vehicle to offset costs associated with
18modifying electrical sources to include a residential plug-in electric
19vehicle charging station. In establishing this program, the
20commission shall consider funding criteria to maximize the public
21benefit of the program.

22(f) The commission may make a single source or sole source
23award pursuant to this section for applied research. The same
24requirements set forth in Section 25620.5 of the Public Resources
25Code shall apply to awards made on a single source basis or a sole
26source basis. This subdivision does not authorize the commission
27to make a single source or sole source award for a project or
28activity other than for applied research.

29(g) The commission may do all of the following:

30(1) Contract with the Treasurer to expend funds through
31programs implemented by the Treasurer, if the expenditure is
32consistent with all of the requirements of this article and Article
331 (commencing with Section 44270).

34(2) Contract with small business financial development
35corporations established by the Governor’s Office of Business and
36Economic Development to expend funds through the Small
37Business Loan Guarantee Program if the expenditure is consistent
38with all of the requirements of this article and Article 1
39(commencing with Section 44270).

P7    1(3) Advance funds, pursuant to an agreement with the
2commission, to any of the following:

3(A) A public entity.

4(B) A recipient to enable it to make advance payments to a
5public entity that is a subrecipient of the funds and under a binding
6and enforceable subagreement with the recipient.

7(C) An administrator of a block grant program.

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8

SECTION 1.  

Section 44268.2 of the Health and Safety Code
9 is amended to read:

10

44268.2.  

(a) (1) Persons desiring to use an electric vehicle
11charging station that requires payment of a fee shall not be required
12to pay a subscription fee in order to use the station, and shall not
13be required to obtain membership in any club, association, or
14organization as a condition of using the station. The total actual
15charges for the use of an electric vehicle charging station, including
16any additional network roaming charges for nonmembers, shall
17be disclosed to the public at the point of sale. An electric vehicle
18charging station that requires payment of a fee shall allow a person
19desiring to use the station to pay via credit card or mobile
20technology, or both.

21(2) Notwithstanding paragraph (1), an electric vehicle charging
22station may offer services on a subscription- or membership-only
23basis provided those electric vehicle charging stations allow
24nonsubscribers or nonmembers the ability to use the electric vehicle
25charging station through the payment options detailed in paragraph
26(1).

27(b) The service provider of electric vehicle service equipment
28at an electric vehicle charging station or its designee shall disclose
29to the National Renewable Energy Laboratory the electric vehicle
30charging station’s geographic location, a schedule of fees, accepted
31methods of payment, and the amount of network roaming charges
32for nonmembers, if any.

33(c) Electric vehicle charging stations shall be labeled in
34accordance with Part 309 of Title 16 of the Code of Federal
35Regulations, and, where commercially reasonable and feasible,
36may be clearly marked with appropriate directional signage in the
37parking area or facility where they are located.

38(d) If no interoperability billing standards have been adopted
39by a national standards organization by January 1, 2016, the state
40board may adopt interoperability billing standards for network
P8    1roaming payment methods for electric vehicle charging stations.
2If the state board adopts interoperability billing standards, all
3electric vehicle charging stations that require payment shall meet
4those standards within six months. Any standards adopted by the
5state board shall consider other governmental or industry-developed
6interoperability billing standards and may adopt interoperability
7billing standards promulgated by an outside authoritative body.

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