BILL ANALYSIS Ó
AB 1236
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1236 (Chiu and Low)
As Amended September 2, 2015
Majority vote
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|ASSEMBLY: |76-0 |(May 26, 2015) |SENATE: | |(September 8, |
| | | | |27-12 |2015) |
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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.
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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
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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
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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
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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
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further review."
Analysis Prepared by:
Angela Mapp / L. GOV. / (916) 319-3958 FN:
0002073