BILL NUMBER: AB 1005 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Members Gordon and Levine
(Coauthors: Assembly Members Patterson and Wilk)
FEBRUARY 26, 2015
An act to amend Sections 740.2, 740.3, and 740.8 of the
Public Utilities Code, relating to electric vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1005, as amended, Gordon. Electric vehicles:
infrastructure: charging systems.
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, that
requires payment of a fee 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.
This bill would state the intent of the Legislature to
enact legislation to encourage and support the widespread
deployment of electric vehicles, protect competitive markets for
electric vehicle charging equipment and network charging services
from unfair competition, support consumer choice, and encourage and
support private investment in the equipment and services, and would
make legislative findings and declarations in that regard.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
Existing law requires the Public Utilities Commission, in
consultation with the State Energy Resources Conservation and
Development Commission, the State Air Resources Board, electrical
corporations, and the motor vehicle industry, to evaluate policies to
develop infrastructure sufficient to overcome any barriers to the
widespread deployment and use of plug-in hybrid and electric vehicles
and, by July 1, 2011, to adopt rules that address specified matter.
This bill would delete the requirement that the Public Utilities
Commission adopt the rules by July 1, 2011, and instead require the
commission to adopt the rules as needed.
Existing law requires the Public Utilities Commission, in
cooperation with the State Energy Resources Conservation and
Development Commission, the State Air Resources Board, air quality
management districts and air pollution control districts, electrical
and gas corporations, and the motor vehicle industry, to evaluate and
implement policies to promote the development of equipment and
infrastructure needed to facilitate the use of electricity to power
and natural gas to fuel low-emission vehicles. The Public Utilities
Commission is required to consider certain matters in evaluating and
implementing its policies authorizing utilities to develop equipment
and infrastructure needed for electric-powered and natural gas-fueled
low-emission vehicles and to ensure that those policies ensure that
the costs and expenses of utility programs are not passed through to
electric or gas ratepayers unless the commission finds and determines
that those programs are in the ratepayers' interest. Existing law
defines what is in the "interests" of ratepayers for this purpose.
Existing law further requires the commission's policies authorizing
utilities to develop equipment and infrastructure needed for
electric-powered and natural gas-fueled low-emission vehicles ensure
that utilities do not unfairly compete with nonutility enterprises.
This bill would require the Public Utilities Commission, when
evaluating and implementing its policies authorizing utilities to
develop equipment and infrastructure needed for electric-powered and
natural gas-fueled low-emission vehicles, to additionally consider
(1) authorizing electrical corporations to rate-base make-ready
infrastructure needed to support and encourage investment in electric
vehicle charging equipment by customers and other providers of
electric vehicle charging services, and (2) authorizing electric
corporations to rate-base electric vehicle charging equipment if
specified requirements are met. The bill would require that the
Public Utilities Commission's policies to ensure that utilities do
not unfairly compete with nonutility enterprises include the policy
that an electrical corporation not constrain customer choice for
electric vehicle service equipment, as defined, except when providing
charging services at sites owned or operated by the electrical
corporation for electric vehicles that are owned by the electrical
corporation or by employees of the electrical corporation.
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill would be a part of the act and
because a violation of an order or decision of the commission
implementing its requirements would be a crime, the bill would impose
a state-mandated local program by expanding the application of a
crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) California should encourage the expansion of investment and
usage of electric vehicles to protect the environment, stimulate
economic growth, and improve the quality of life in this state. All
Californians benefit from programs that support more widespread
adoption and usage of electric vehicles.
(2) Availability The availability of
electric vehicle charging correlates directly with the rate of
electric vehicle adoption by the public.
adoption. In order to reach the goal 1.5 million electric
vehicles in California, California by 2025,
electric vehicle consumers need confidence that they can
readily access electric vehicle charging services at home, at the
workplace, and at public locations.
(3) "Smart" electric vehicle charging equipment and network
electric vehicle charging services are available on the
market, market and enable the management of
electric vehicle charging to avoid negative impacts on the
distribution system, to coordinate electric
vehicle charging with the operation of the utility
electrical grid, and to minimize costs
and maximize benefits to electric vehicle users and utility
ratepayers.
(4) Encouraging private investment in "smart" electric vehicle
charging equipment and network electric vehicle charging services
will facilitate consumer customer
choice, stimulate innovation and development of new business models,
attract private capital investment, and create jobs for Californians.
(b) It is the intent of the Legislature to enact legislation to
(1) encourage and support the widespread deployment of electric
vehicles, (2) protect competitive markets for electric vehicle
charging equipment and network charging services from unfair
competition, (3) support consumer choice in electric vehicle charging
equipment and network charging services, and (4) encourage and
support private investment in electric vehicle charging equipment and
network charging services.
(b) It is the intent of the Legislature to do all the following:
(1) Encourage and support the widespread deployment of electric
vehicles.
(2) Protect competitive markets for electric vehicle charging
equipment and network charging services from unfair competition by
clarifying that electrical corporations may only own electric vehicle
service equipment used to charge electric vehicles owned by the
electrical corporation and its employees, and that electrical
corporations may not provide electric vehicle charging services.
(3) Support consumer choice in electric vehicle charging equipment
and network charging services.
(4) Encourage and support private investment in electric vehicle
charging equipment and network charging services.
SEC. 2. Section 740.2 of the Public
Utilities Code is amended to read:
740.2. The commission, in consultation with the Energy
Commission, State Air Resources Board, electrical corporations, and
the motor vehicle industry, shall evaluate policies to develop
infrastructure sufficient to overcome any barriers to the widespread
deployment and use of plug-in hybrid and electric vehicles.
By July 1, 2011, the The commission shall adopt
rules , as necessary, to address all of the following:
(a) The impacts upon electrical infrastructure,
including infrastructure upgrades upgrades,
necessary for widespread use of plug-in hybrid and electric
vehicles and the role and development of public charging
infrastructure.
(b) The impact of plug-in hybrid and electric vehicles on grid
stability and the integration of renewable energy resources.
(c) The technological advances that are needed to ensure the
widespread use of plug-in hybrid and electric vehicles and what role
the state should take to support the development of this technology.
(d) The existing code and permit requirements that will impact the
widespread use of plug-in hybrid and electric vehicles and any
recommended changes to existing legal impediments to the widespread
use of plug-in hybrid and electric vehicles.
(e) The role the state should take to ensure that technologies
employed in plug-in hybrid and electric vehicles work in a harmonious
manner and across service territories.
(f) The impact of widespread use of plug-in hybrid and electric
vehicles on achieving the state's goals pursuant to the California
Global Warming Solutions Act of 2006 and renewables
portfolio standard program (Division 25.5 (commencing
with Section 38500) of the Health and Safety Code) and the California
Renewables Portfolio Standard Program (Article 16 (commencing with
Section 399.11) of Chapter 2.3) and what steps should be taken
to address possibly shifting emissions reductions responsibilities
from the transportation sector to the electrical industry.
SEC. 3. Section 740.3 of the Public
Utilities Code is amended to read:
740.3. (a) For purposes of this section, "electric vehicle
charging equipment" means electric vehicle service equipment and
network charging services.
(b) The commission, in cooperation with the
State Energy Conservation and Development
Energy Commission, the State Air Resources Board, air quality
management districts and air pollution control districts,
regulated electrical and electrical corporations,
gas corporations, and the motor vehicle industry, shall
evaluate and implement policies to promote the development of
equipment and infrastructure needed to facilitate the use of
electric electricity to power and natural gas
to fuel low-emission vehicles. Policies to be considered shall
include both all of the following:
(1) The sale-for-resale and the rate-basing of low-emission
vehicles and supporting equipment such as batteries for electric
vehicles and compressor stations for natural gas fueled vehicles.
(2) The development of statewide standards for electric vehicle
charger connections and compressed natural gas vehicle fueling
connections, including installation procedures and technical
assistance to installers.
(3) Authorizing electrical corporations to rate-base make-ready
infrastructure needed to support and encourage investment in electric
vehicle charging equipment by customers and other providers of
electric vehicle charging services. For these purposes, "make-ready
infrastructure" means electrical infrastructure installed and owned
by an electrical corporation that is required in order to
interconnect and provide electric service to electric vehicle service
equipment, including transformers, utility services and meters,
panels, interconnection equipment, including conduits and wiring, and
associated infrastructure. "Make-ready infrastructure" does not
include electric vehicle service equipment or network charging
services.
(4) Authorizing electrical corporations to rate-base electric
vehicle charging equipment if all of the following requirements are
met:
(A) The equipment is networked.
(B) The site hosts for the equipment are unconstrained with
respect to choice of technology and services, beyond the requirement
that the equipment be networked.
(C) The equipment provides electrical grid benefits, such as
demand response.
(D) The electricity supplied by the equipment is not limited to
utility-owned generation.
(b)
(c) The commission shall hold public hearings as part
of its effort to evaluate and implement the new policies and
proposals considered in subdivision (a),
(b), and shall provide a progress report to the
Legislature by January 30, 1993, and every two years thereafter,
concerning policies on rates, equipment, and infrastructure
implemented by the commission and other state agencies, federal and
local governmental agencies, and private industry to facilitate the
use of electric electricity to power
and natural gas to fuel low-emission vehicles.
(c)
(d) The commission's policies authorizing utilities to
develop equipment or infrastructure needed for electric-powered and
natural gas-fueled low-emission vehicles shall ensure
do both of the following:
(1) Ensure that the costs and
expenses of those programs are not passed through to electric or gas
ratepayers unless the commission finds and determines that those
programs are in the ratepayers' interest. The commission's
policies shall also ensure
(2) Ensure that utilities do not
unfairly compete with nonutility enterprises.
SEC. 4. Section 740.8 of the Public
Utilities Code is amended to read:
740.8. (a) As used in Section 740.3,
"interests" of ratepayers, short- or long-term, mean direct benefits
that are specific to ratepayers in the form of safer, more reliable,
or less costly gas or electrical service, consistent with Section
451, and activities that benefit ratepayers and that promote energy
efficiency, reduction of health and environmental impacts from air
pollution, and greenhouse gas emissions of
greenhouse gases related to electricity and natural gas
production and use, and increased use of alternative fuels.
(b) The commission's policies to ensure that utilities do not
unfairly compete with nonutility enterprises pursuant to paragraph
(2) of subdivision (d) of Section 740.3 shall include the policy that
an electrical corporation shall not constrain customer choice for
electric vehicle service equipment, as defined in Section 44268 of
the Health and Safety Code, except when providing charging services
at sites owned or operated by the electrical corporation for electric
vehicles that are owned by the electrical corporation or by
employees of the electrical corporation.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.