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