BILL ANALYSIS Ó AB 1236 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1236 (Chiu) - As Amended April 20, 2015 ----------------------------------------------------------------- |Policy |Local Government |Vote:|8 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Transportation | |16 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill requires counties and cities, including charter cities, to create an expedited permitting and inspection process for electric vehicle charging stations. Specifically, this bill: AB 1236 Page 2 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 publish, on a publicly accessible website, a checklist of all requirements and the required permitting documentation, allow for electronic submittal of a permit application and associated documents, and authorize electronic signatures on all forms. 3)Requires an EV charging station to meet health and safety standards and requirements imposed by state and local permitting authorities, 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 (PUC) regarding safety and reliability. FISCAL EFFECT: 1)Negligible fiscal impact to the state. 2)Non-reimbursable costs to cities and counties to streamline their permitting processes for EV charging stations, likely fully offset by fees cities and counties are authorized to charge for these activities. AB 1236 Page 3 COMMENTS: 1)Purpose. According to the author, "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." 2)Background. 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, Governor's Office of Planning and Research 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 1236 Page 4 In 2012, the Collaborative issued a report entitled "Streamlining the Permitting and Inspection Process for Plug-in Electric Vehicle Home Charger Installations." Among its specific findings, the report noted that the process for permitting residential EV supply equipment installation varied by jurisdiction but, depending on the voltage of the charging equipment (120V or 240V), some home charging installations can be very straightforward to install. This bill addresses some of the recommendations for EV charger installation permit streamlining contained in the report. 3)Prior Legislation. a) 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. b) 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 1236 Page 5 c) 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. Those standards are expected to be published in 2016. d) 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. e) 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. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081 AB 1236 Page 6