BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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            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  








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            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. 








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          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  








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            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.











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          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:











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             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  








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            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.








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          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.










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            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."








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          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.











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            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  








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            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  








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               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  








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               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;










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             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  








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            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  








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               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"










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             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  








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            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.









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          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












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