BILL ANALYSIS Ó AB 1236 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Brian Maienschein, Chair AB 1236 (Chiu and Low) - As Introduced February 27, 2015 SUBJECT: Local ordinances: electric vehicle charging stations. SUMMARY: Requires counties and cities, including charter cities, to create an expedited permitting and inspection process for electric vehicle charging stations. Specifically, this bill: 1)Requires a city or county to administratively approve an application to install electric vehicle (EV) charging stations through the issuance of a building permit or similar nondiscretionary permit. 2)Limits review of the application to install an EV charging station to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. 3)Limits the requirements of local law to those standards and regulations necessary to ensure that the EV charging station will not have a specific, adverse impact upon the public AB 1236 Page 2 health or safety. 4)Allows a city or county to require the applicant to apply for a use permit if the building official of the city or county makes a finding, based on substantial evidence, that the EV charging station could have a specific, adverse impact upon the public health and safety. 5)Prohibits a city, county, or city and county from denying an application for a use permit to install an EV charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. 6)Allows the decision of the building official pursuant to the above provisions to be appealed to the planning commission of the city, county, or city and county. 7)Requires any conditions imposed on an application to install an EV charging station to be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. 8)Requires an EV charging station to meet applicable health and safety standards and requirements imposed by state and local AB 1236 Page 3 permitting authorities. 9)Requires an EV charging station to meet all applicable safety and performance standards established by the National Electrical Code (NEC), the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission (PUC) regarding safety and reliability. 10)Requires, on or before September 30, 2016, every city, county, or city and county, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, to adopt an ordinance, consistent with the goals and intent of this bill, that creates an expedited, streamlined permitting process for EV charging stations. 11)Requires the city, county, or city and county, in developing an expedited permitting process, to adopt a checklist of all requirements with which EV charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, and city and county, shall be deemed complete. 12)Requires a city, county, or city and county to approve the application and issue all required permits or authorizations upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, as specified. AB 1236 Page 4 13)Requires, upon receipt of an incomplete application, a city, county, or city and county to issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 14)Requires the checklist and required permitting documentation to be published on a publically accessible Internet Web site (website), if the city, county, or city and county has a website. 15)Requires the city, county, or city and county to allow for electronic submital of a permit application and associated documentation, and to authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. 16)Requires the city, county, or city and county, in developing the ordinance, to substantially conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" (checklist) of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" (guidebook) published by the Governor's Office of Planning and Research (OPR). 17)Allows a city, county, or city and county to adopt an AB 1236 Page 5 ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. 18)Provides that, if a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this bill, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. 19)Provides that, for an EV charging station to be eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed in a city, county, or city and county that does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If an EV charging station fails inspection, a subsequent inspection is authorized, however the subsequent inspection shall not be required to conform to the requirements of this bill. 20)Prohibits a city, county, or city and county from conditioning approval for any EV charging station permit on the approval of an EV charging station by a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. AB 1236 Page 6 21)Provides the following definitions: a) "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit; b) "Electronic submital" means the utilization of one or more of the following: Email, the Internet, or facsimile; c) "EV charging station" or "charging station" means any level of EV supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this bill, and delivers electricity from a source outside an EV into a plug-in EV; and, d) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 22)Codifies the following findings and declarations: AB 1236 Page 7 a) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of EV charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern; b) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of EV charging stations, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install EV charging stations; c) It is the policy of the state to promote and encourage the use of EV charging stations and to limit obstacles to their use; and, d) It is the intent of the Legislature that local agencies comply not only with the language of this bill, but also the legislative intent to encourage the installation of EV charging stations by removing obstacles to, and minimizing costs of, permitting for such charging stations. 23)Provides that no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the AB 1236 Page 8 Government Code. EXISTING LAW: 1)Provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. 2)Requires every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems, the provisions of which are nearly identical to this bill. 3)Prohibits, pursuant to the EV Charging Stations Open Access Act, the charging of a subscription fee on persons desiring to use an EV 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. 4)Provides that the California Building Standards Commission (CBSC) shall adopt, approve, codify, and publish mandatory building standards for the installation of future EV charging infrastructure for parking spaces in multifamily dwellings and nonresidential development. 5)Contains a number of provisions governing the installation and use of EV charging stations in common interest developments (CIDs), which generally prohibit undue restrictions by CIDs and homeowners' associations (HOAs) on the installation of EV infrastructure. AB 1236 Page 9 FISCAL EFFECT: This bill is keyed fiscal. COMMENTS: 1)Bill Summary. This bill requires every city and county to create an expedited permitting and inspection process for EV charging stations. The major provisions of this bill: a) Require only one inspection, which must be done "in a timely manner," of an EV charging station that is eligible for expedited review; b) Limit review of permit applications to health and safety requirements (excluding design review for aesthetic purposes); c) Allow a city or county to require a use permit for an EV charging station only if the building official makes a finding, based on substantial evidence, that the EV charging station could have a specific, adverse impact upon the public health and safety; and, d) Require specified written findings in order for a city or county to deny a permit application. AB 1236 Page 10 This bill also codifies several findings and declarations regarding EV charging stations, including one stating that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of EV charging stations is not a municipal affair, but is instead a matter of statewide concern. Thus, this bill would apply to all cities and counties in California, including charter cities. This bill is author-sponsored. 2)Author's Statement. According to the author, "In 2012, Governor Brown issued an Executive Order directing relevant state agencies to establish benchmarks to help the State's zero-emission vehicle infrastructure support 1.5 million Zero Emission Vehicles (ZEV) by 2025. One impediment to the deployment of electric vehicles (EV) charging stations is the lack of certainty and uniformity in the local permitting of EV charging stations. "Currently, California's EV permitting structure is a patchwork of various regulations and requirements that vary from city to city and county to county. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. Requirements in one jurisdiction and the amount of time it takes to receive a permit can differ drastically from a neighboring jurisdiction even though the same EV charging station is being installed in the same type of commercial building, multi-unit development or single family home. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet the statewide goals." AB 1236 Page 11 3)Background. A November 2014 article by the San Jose Mercury News reports that California has sold more than 100,000 EVs, with Californians purchasing about 40% of all EVs sold in the United States. These sales figures, which are tracked by the California Air Resources Board (CARB), mean that California has more EVs on the road than any other state or country. The market for EVs is growing stronger every year, according to the California Plug-In Electric Vehicle Collaborative (Collaborative). To support these increasing numbers of EVs, the Collaborative and other key EV stakeholders assert that increasing EV charging infrastructure will allow EV drivers to extend their range of electric miles driven and encourage owners of conventional fuel vehicles to purchase EVs. 4)California's EV Policies. California has been steadily expanding its policies supporting the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. This was followed by statutes governing the degree of authority CIDs can exercise over the installation of EV charging infrastructure, and prohibitions against specified membership and fee requirements for the privilege of using an EV charging station. AB 1236 Page 12 In 2012, the Governor issued an Executive Order directing CARB, the California Energy Commission, the PUC, and other relevant agencies working with the Collaboration and the Fuel Cell Partnership to develop benchmarks to help support and facilitate the rapid commercialization of ZEVs. The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million EVs by 2025. Furthering this goal, OPR and the State Architect published guidelines to address physical accessibility standards and design guidelines for the installation of EV charging stations throughout California. These guidelines are voluntary and apply to public and private sites. AB 1092 (Levine), Chapter 410, Statutes of 2013, required the CBSC to adopt mandatory standards for the installation of EV charging infrastructure for parking spaces in newly constructed multifamily dwellings and nonresidential development in the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2014. Those standards are expected to be published in 2016. 5)Local Permitting Practices. According to "Streamlining the Permitting and Inspection Process for Plug-in Electric Vehicle Home Charger Installations," a 2012 report by the Collaborative, "the permitting and inspection process for AB 1236 Page 13 charging equipment installations is becoming more onerous in some jurisdictions over time. For example, it appears that local jurisdictions are increasingly requiring formal plan checks, which increase the cost of the permit and the time to issue the permit. Furthermore, the complexity of the installation does not necessarily correlate to the complexity of the permitting process." The report notes that the process for permitting residential EV supply equipment (EVSE) installation varies by jurisdiction. Depending on the voltage of the charging equipment (120V or 240V), some home charging installations can be very straightforward. However, when the installation is more complex, or when the permitting process is complicated by differences in adjacent jurisdictions or within the same jurisdiction (a potential problem when individual staff members have varying familiarity and experience with EV charging installation rules) the different approaches directly and adversely impact the cost, timing, and customer's experience. Local jurisdictions follow several types of permitting processes: a) No Permit Necessary - A few jurisdictions have characterized the installation of EV charging equipment as a minor improvement and do not require a permit. The details may vary based on the type of circuit being installed or the training and experience of a specific AB 1236 Page 14 electrical contractor; b) Permit Required, Online System - Some jurisdictions have invested in online permitting and inspection portals. The jurisdiction defines what is acceptable to be permitted through the online system. As a result, the upfront paperwork and time to complete the necessary permit application is reduced. This places the responsibility on both the electrician and electrical inspector to understand what scopes of work are acceptable for online submittal; c) Permit Required, Over-the-Counter (OTC) with Scope-of-Work Only - This process is similar to the online system except that the electrical contractor deals directly with a city official noting the type of job being completed. There is no detailed overview of the installation and the permit is obtained immediately. The city inspector, after the installation is completed, takes the responsibility of ensuring that the installation has been completed properly; d) Permit Required, OTC with Plan Check - Plan check is defined as a technical review of the installation and will typically require additional documentation from the electrician. For example, depending on the jurisdiction, a general or detailed site plan, line drawing (wiring diagram), equipment specification sheet, and/or load calculation may be requested. There are jurisdictions that publish a specific EV Installation Checklist to determine what documentation will be necessary during the plan check. The city official at the counter will review these documents to ensure that the installation will meet requirements. In these cases, the permit will be obtained AB 1236 Page 15 only if the official agrees that the documentation shows an acceptable installation. While adding time and cost to the upfront permit application process, plan checks are intended to speed up the actual onsite inspection time because an inspector will have documents that can be compared to the actual installation; or, e) Permit Required, Plan Check - The same technical review occurs, but not immediately. Instead, an official or third-party contractor reviews the documents according to the jurisdiction's process timeline. It is not uncommon for the timeframe to be a few days to a few weeks. The report issued the following recommendations: a) Establish a unique EVSE permit application for EV charging equipment; b) Adopt a permit process that is online (if available) or OTC; c) Create simple, template-based forms for electricians and residents. If a review of the installation information is required, completed forms should be required at the time of the inspection; AB 1236 Page 16 d) Establish a unique EVSE permit fee which is comparable to 240V circuit installations; e) Avoid requiring electrician attendance during the inspection; and, f) Develop an outreach and training program for internal and external stakeholders. Include relevant staff and key departments in all training and outreach efforts involving EVs and EV charging. The report also acknowledged that, "While it might be tempting to characterize current learning as 'best practices,' it must be acknowledged that the industry is only taking its first steps toward widespread adoption of (EVs) and (EV) charging. Over time, all stakeholders, (EV) owners included, will become more familiar with and effective at completing the home charging installation process. Therefore, it is strongly encouraged when implementing any recommendation in the near term that approaches remain flexible and adaptive to accommodate future learning." 5)OPR's EV Permitting Checklist. In cooperation with stakeholders across California, OPR created several resources to help achieve the goals in the Governor's Executive Order, including the OPR guidebook. The purpose of the guidebook is to help communities across the state support their residents and businesses in making the switch to ZEVs. It highlights AB 1236 Page 17 many aspects of ZEV readiness, including necessary infrastructure, planning and zoning, permitting guidelines, greening local fleets and encouraging consumers through incentives and outreach. It also offers a number of tools and templates, including the OPR checklist created by Collaborative. According to the checklist, "Once a local government decides what information to require in an electric vehicle supply equipment (EVSE) permit application, it is a best practice to combine requirements and guidance into a single document that can guide plug-in electric vehicle owners through the process. This document should contain information on the conditions under which an EVSE permit is required, EVSE permit application requirements, the number and type (e.g., pre-installation, post-installation) of inspections required and applicable codes and guidance regarding EVSE installation." The checklist delineates the permitting process into six phases: Pre-Work Contractor; Pre-Work Customer; On-Site Evaluation; On-Site Survey; Contractor Installation Preparation; Installation; and, Inspection. The Inspection phase recommends the following (emphasis added): a) An initial electrical inspection by applicable building, fire, environmental and electrical authorities after conduit has been run and prior to connecting equipment and running wires; if necessary, the contractor should correct AB 1236 Page 18 any issues and schedule a second rough inspection; and, b) If required, the inspector will perform a final inspection to ensure compliance with NEC and other codes adopted within the jurisdiction by inspecting wiring, connections, mounting and finish work. 6)Policy Considerations. This bill specifies that, for an EV charging station to be eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed in a jurisdiction that does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the authority. This bill also requires a city or county, in developing its expedited permitting ordinance pursuant to this bill, to substantially conform its expedited permitting process with the recommendations for expedited permitting in the most current version of the OPR guidebook, which recommends more than one inspection under certain conditions. The Committee may wish to consider whether these provisions of this bill present conflicting requirements for cities and counties. 7)Technical Amendments. The Committee may wish to adopt the following technical amendments: a) Delete references to "city or county" and replace with "city, county, or city and county" AB 1236 Page 19 b) Delete references to "submital" and replace with "submittal" c) Delete references to "public health and safety" and replace with "public health or safety" d) Delete references to "National Electrical Code" and replace with "California Electrical Code" 8)Prior Legislation. AB 2188 (Muratsuchi), Chapter 521, Statutes of 2014, required every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems. AB 2565 (Muratsuchi), Chapter 529, Statutes of 2014, required an owner of a commercial or residential property to approve the installation of an EV charging station if it meets specified requirements and complies with the owner's process for approving a modification to the property, and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space. AB 1092 (Levine), Chapter 410, Statutes of 2013, required the CBSC to include mandatory building standards for the AB 1236 Page 20 installation of EV charging infrastructure in multifamily dwellings and non-residential development. SB 880 (Corbett), Chapter 6, Statutes of 2012, specified that the governing documents of a CID may not prohibit the installation of an electric vehicle charging station in an owner's designated parking space. SB 209 (Corbett), Chapter 121, Statutes of 2011, provided that a prohibition or restriction on the installation or use of an EV charging station in any of the governing documents of a CID is void and unenforceable. 9)Arguments in Support. The California Apartment Association, in support, states, "The installation of electric vehicle charging stations is becoming more and more common in apartment buildings. However, some of the greatest impediments towards increased installation are onerous permitting and approval requirements. By creating an expedited process that reduces unnecessary time and money, property owners are better able to install charging stations and provide a valuable energy-saving resource to tenants." 10)Arguments in Opposition. None on file. AB 1236 Page 21 11)Double-Referral. This bill is double-referred to the Transportation Committee. REGISTERED SUPPORT / OPPOSITION: Support California Apartment Association ChargePoint Stem, Inc. Opposition None on file Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958 AB 1236 Page 22