BILL ANALYSIS Ó
AB 1236
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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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