BILL ANALYSIS Ó
AB 1236
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Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1236
(Chiu) - As Amended April 20, 2015
SUBJECT: Local ordinances: electric vehicle charging stations
SUMMARY: Requires local jurisdictions, including charter
cities, to create an expedited permitting and inspection process
for electric vehicle (EV) charging stations. Specifically, this
bill:
1)Requires local jurisdictions to adopt an ordinance on or
before September 30, 2016, that streamlines the permitting
process for EV charging stations.
2)Requires local jurisdictions to develop and publish a
checklist and required permitting documentation on a publicly
accessible website, allow for electronic submittal of a permit
application and associated documents, and authorize electronic
signatures on all forms, applications and associated
documents.
3)Requires an EV charging station to meet health and safety
standards and requirements imposed by state and local
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permitting authorizes as well as safety and performance
standards established by the California Electrical Code, the
Institute of Electrical and Electronics Engineers, accredited
testing laboratories, and, where applicable, rules of the
California Public Utilities Commission regarding safety and
reliability.
4)Defines a variety of terms.
5)Makes findings and declarations regarding the need for state
policies to encourage the installation and use of EV charging
stations and consistent statewide standards to achieve their
timely and cost-effective installation, and that local
jurisdictions should not create unreasonable barriers for
their installation
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
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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)Requires the California Building Standards Commission (CBSC)
to adopt, approve, codify, and publish mandatory building
standards for the installation of future EV charging
infrastructure for parking spaces in multifamily dwellings and
non-residential 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 on the installation of EV
infrastructure.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, California's EV permitting
structure is a patchwork of various regulations and requirements
that vary from city to city and county to county. The author
contends that this wide variation in requirements creates
uncertainty and makes it difficult for prospective EV buyers to
understand the administrative burden and the cost of installing
EV charging stations before purchasing an EV. To illustrate his
point, the author notes that requirements in one jurisdiction
and the amount of time it takes to receive a permit to install
an EV charging system can differ drastically from a neighboring
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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. To address this problem,
the author has introduced this bill to create uniform standards
across local jurisdictions with respect to permitting EV
charging system installation to help lower the costs, expedite
permitting, and further expand EV infrastructure to help achieve
the state's clean air goals.
In 2013, the Legislature passed AB 1092 (Levine), Chapter 410,
Statutes of 2013, that required the CBSC to adopt mandatory
standards for the installation of EV charging infrastructure for
parking spaces in newly constructed multifamily dwellings and
non-residential development in the next triennial edition of the
California Building Standards Code adopted after January 1,
2014. Those standards are expected to be published in 2016.
In 2012, the Collaborative issued a report entitled
"Streamlining the Permitting and Inspection Process for Plug-in
Electric Vehicle Home Charger Installations." In the report,
the Collaborative noted that the permitting and inspection
process for charging equipment installations is becoming more
onerous in some jurisdictions over time. For example, the
report noted that some local jurisdictions are increasingly
requiring formal plan checks, which increases the time and cost
of obtaining a permit. Also, the reported aptly noted that
oftentimes, the complexity of the installation was not
necessarily correlated to the complexity of the permitting
process. Specifically, the report noted that the process for
permitting residential EV supply equipment installation varied
by jurisdiction but, depending on the voltage of the charging
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equipment (120V or 240V), some home charging installations can
be very straightforward to install. The report made
recommendations for EV charger installation permit streamlining
that address a number of processing issues that are consistent
with AB 1236.
Writing in support of AB 1236, the California Apartment
Association, notes that one of the greatest impediments towards
increasing installation of EV charging systems has been the
onerous permitting and approval requirements. They note that
creating an expedited process for permitting that reduces the
unnecessary time and money that property owners must expend to
be able to get an EV charging station installed will help
incentivize widespread adoption of ZEVs. Also writing in
support, ChargePoint, Inc. notes that AB 1236 will help lower
the cost of EV charger installation and allow for the expansion
of this important infrastructure to help California meet its EV
goals. They point to several jurisdictions in California that
have already developed streamlined permitting requirements as an
example of how permitting requirements can be simplified while
maintaining important safety protections.
Committee concerns: It is laudable that the author wishes to
streamline and expedite the permitting process for EV charging
system installation to help make it easier to install much
needed supporting infrastructure for these clean air vehicles.
Certainly as EVs take a greater share of the vehicle
marketplace, the need for installation (and permitting) of EV
charging systems will grow, placing an additional permitting
burden on local jurisdictions. Consequently, it stands to
reason that streamlined processes should be put into place
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sooner rather than later. Furthermore, there is undoubtedly
room in the permit processing procedures of many, if not most,
local jurisdictions to improve efficiencies and certainly this
bill will further those efforts. It is possible, however that
AB 1236 could have the unintended consequence of expediting
permit processing at the expense of allowing the local
jurisdiction to conduct a careful, thorough review.
Additionally, AB 1236 places requirement on all local
jurisdictions and does not necessarily take into account that
some local jurisdictions (particularly those in remote areas)
may not have an imminent need for expedited permit processing
procedures if EVs use in those regions is limited.
Previous 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.
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AB 1092 (Levine), Chapter 410, Statutes of 2013, required the
CBSC to include mandatory building standards for the
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.
Double referral: This bill passed out of the Assembly Local
Government Committee on
April 15, 2015, with an 8-0 vote.
REGISTERED SUPPORT / OPPOSITION:
AB 1236
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Support
California Apartment Association
ChargePoint
Stem, Inc.
Opposition
None on file
Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093
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