BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1236


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1236 (Chiu and Low)


          As Amended  September 2, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  |76-0  |(May 26, 2015) |SENATE: |      |(September 8,    |
          |           |      |               |        |27-12 |2015)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  L. GOV.


          SUMMARY:  Requires counties and cities, including charter  
          cities, to create an expedited permitting and inspection process  
          for electric vehicle charging stations.  


          The Senate amendments:


          1)Limit the effective date of September 30, 2016, to counties  
            and cities with a population of 200,000 or more, and add an  
            effective date of September 30, 2016, for counties and cities  
            with a population of less than 200,000 residents.


          2)Allow counties and cities to establish a process to prioritize  
            competing applications for expedited permits.










                                                                    AB 1236


                                                                    Page  2


          3)Require an application submitted to a county or city that owns  
            and operates an electric utility to demonstrate compliance  
            with the utility's interconnection policies prior to approval.


          4)Delete a requirement that a county or a city, in developing  
            its expedited permitting ordinance pursuant to this bill,  
            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" of the "Zero-Emission  
            Vehicles in California:  Community Readiness Guidebook"  
            published by the Office of Planning and Research.  Instead, a  
            county or city may refer to these recommendations when  
            developing its ordinance.


          5)Specify that an electric vehicle charging station shall meet  
            all applicable safety and performance standards established by  
            the Society of Automotive Engineers and the National  
            Electrical Manufacturers Association.


          6)Make minor changes to this bill's findings and declarations.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  


          1)Bill Summary.  This bill requires every county and city to  
            create an expedited permitting and inspection process for  
            electric vehicle (EV) charging stations.  The major provisions  
            of this bill:


             a)   Limit review of permit applications to health and safety  
               requirements (excluding design review for aesthetic  








                                                                    AB 1236


                                                                    Page  3


               purposes);


             b)   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,


             c)   Require specified written findings in order for a city  
               or county to deny a permit application.


            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  








                                                                    AB 1236


                                                                    Page  4


            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."


          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 Common Interest Developments (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.


            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  








                                                                    AB 1236


                                                                    Page  5


            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)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."


          6)Arguments in Opposition.  The California State Association of  
            Counties and the Urban Counties Caucus, in opposition, write,  
            "This bill would remove necessary discretion for local  
            agencies to appropriately review these projects?(T)he bill  
            would implement a one-size fits all approach mandating cities  
            and counties approve applications for EV charging stations in  
            an 'over the counter' fashion, without recognizing the  
            potential complexity of multiple EV charging stations proposed  
            in a group, nor considering various contexts, both public and  
            private, where the measure would apply?(L)ocal agencies need  
            broader discretion to determine which applications require  








                                                                    AB 1236


                                                                    Page  6


            further review."


          Analysis Prepared by:                                             
                          Angela Mapp / L. GOV. / (916) 319-3958  FN:  
          0002073