BILL ANALYSIS                                                                                                                                                                                                    �






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2011-2012 Regular Session


          AB 2502 (Blumenfield)
          As Amended May 8, 2012
          Hearing Date: July 3, 2012
          Fiscal: No
          Urgency: No
          BCP  
                    

                                        SUBJECT
                                           
                        Vehicles: Conditional Sales Contracts

                                      DESCRIPTION  

          This bill would revise the automobile conditional sales contract 
          law to allow electric vehicle charging stations to be sold with, 
          and financed as part, of an automobile purchase, with a required 
          disclosure regarding charges.

                                      BACKGROUND  

          When purchasing an electric car, the prospective purchaser must 
          make a decision about how the car will be charged.  There 
          currently are three different charging standards - Level 1 (120 
          volt plug into a regular receptacle), Level 2 (208-240 volt), 
          and Level 3 (maximum current of 400 amps), with consumers 
          generally choosing between Level 1 and Level 2.  Consumers that 
          do purchase (and install) a Level 2 charging station will be 
          able to charge their electric cars at a much faster rate than 
          those who elect to simply plug the car into the wall.  As an 
          example of the difference in charging times, the Frequently 
          Asked Questions for the Chevy Volt provides the following 
          response to the question of how long it takes to charge this 
          car:

            Using a 120V plug outlet, in about ten hours, depending on 
            the climate, you'll have a fully charged Volt waiting for 
            you, ready to go. You can also install a 240V charge 
            station, which can charge Volt in as little as four hours. 
            In very hot (95? F) or cold temperatures (25? F), charging 
            times and energy usage will increase when using the 120V 
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            portable cord set. A 240V Charging Station is strongly 
            recommended for consumers who plan to charge in extreme 
            weather conditions (over 95? F or below 20? F) on a regular 
            basis.  (http://www.chevrolet.com/volt-electric-car/faq/)

          Consumers that do desire to install a Level 2 charging station 
          have several options, including purchasing a station from a 
          hardware store (and likely contract for installation) or 
          purchasing a complete installation and hardware package from a 
          company (each manufacturer recommends certain companies).  
          Consumers are not able to finance the cost of that charging 
          station (which may cost up to $1,000) as part of their 
          electric car purchase because existing law strictly regulates 
          the contents of the purchase contract.  This bill seeks to 
          address that issue by specifically allowing the sale contract 
          to include a charge to an EV (electric vehicle) Charging 
          Station.

                                CHANGES TO EXISTING LAW
           
           Existing law  , the Rees-Levering Motor Vehicle Sales and Finance 
          Act, sets forth numerous disclosure requirements to be included 
          in an automobile conditional sale contract, including 
          disclosures regarding finance charges, and sets forth the 
          permissible fees and charges in an automobile conditional sale 
          contract for the sale of a motor vehicle.  (Civ. Code Sec. 2982 
          et seq.)

           This bill would add a required disclosure regarding charges for 
          an electric vehicle charging station, which must be labeled "EV 
          Charging Station" and may include materials, wiring, and 
          equipment installation, each of which shall be separately 
          itemized.
          
                                        COMMENT
           
          1.   Stated need for the bill  

          According to the author:

            We are at the beginning of a new era in car technology:  
            that of electric vehicles.  Those models currently on the 
            market come with primary chargers which allow the cars to 
            plug in to a normal electric outlet, though they require 
            hours to fully charge the battery.  Level 2 Chargers 
            (so-called secondary chargers) are also available for 
                                                                      



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            purchase.  Most of these secondary chargers are charging 
            stations that can be installed in electric vehicle owner's 
            places of residence.  They use 220 to 240V to charge the car 
            battery and thus, can reduce the charge time by more than 
            half.  These secondary chargers costs upwards of $1,000, yet 
            cannot be financed with the car purchase itself because they 
            are not considered accessories under current law.  There is 
            no place on the conditional sales contract to document a 
            charge for such an item.  This provides a barrier to car 
            buyers who are interested in purchasing an electric vehicle, 
            and the secondary charger along with it.  Although they can 
            finance the car, they must find alternative financing to 
            purchase the secondary charger- which, for many, is the 
            feature that would make owning an electric car feasible (due 
            to reducing charging times). 

            AB 2502 creates a line on the conditional sales contract so 
            that secondary chargers may be financed with the vehicle.  
            Other add on items, such as Lo-Jack and On-Star, already can 
            be financed with the vehicle itself.  This would be a 
            similar such item, except it is not installed in the vehicle 
            itself, but rather in the vehicle owner's residence.

          2.   Financing electronic vehicle charging station  

          This bill seeks to facilitate the purchase of electric vehicles 
          by allowing purchasers of those vehicles to finance the cost of 
          an electric vehicle charging station.  To allow that financing, 
          this bill would specifically allow a conditional sales contract 
          (the sales contract for the vehicle) to include a charge for an 
          electric vehicle charging station.  That item would be required 
          to be labeled "EV Charging Station" and may include materials, 
          wiring, and equipment installation, each of which shall be 
          separately itemized.  The California New Car Dealers 
          Association, in support, asserts:

            Many consumers are wary of this new technology, whether 
            because of the additional cost, "range anxiety" or 
            hesitation about changing driving habits, despite the 
            potential long term fuel savings and environmental benefits. 
             Reducing barriers to acceptance is the purpose behind AB 
            2502.  The bill will allow a consumer to finance the 
            purchase of a ZEV or TZEV and the necessary or desired 
            charging station, including materials, wiring, and equipment 
            installation, at the time of purchase in one transaction.  
            We believe this will greatly enhance the ability of 
                                                                      



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            consumers to accept making the transition from the purchase 
            of a traditional internal combustion engine to the ZEVs and 
            TZEVs of the future.  

          Staff notes that the requirement for the cost of the charging 
          station to be itemized allows a consumer to shop around to 
          compare whether the total cost is a fair value.  For example, 
          Level 2 charging stations are available at some local hardware 
          stores for around $800, while other charging stations cost 
          several thousands of dollars.  A purchaser of an electric car 
          would be able to look at the itemized cost required by this bill 
          and compare whether the cost being charged for the charge is, in 
          fact, reasonable compared to the other options that are 
          available.  

          From a practical standpoint, even absent the itemization, 
          allowing the cost of the charging station to be financed as part 
          of a purchase would likely appeal to many consumers because it 
          removes the hassle of making other arrangements for the 
          installation of a charging station.  As a result, this bill 
          would appear to further facilitate the use of electric vehicles 
          in California.


           Support  :  Alliance of Automobile Manufacturers; California New 
          Car Dealers Association 

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Author

           Related Pending Legislation  :  None Known

           Prior Legislation :  None Known

           Prior Vote  :

          Assembly Rules Committee (Ayes 10, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)
          Assembly Floor (Ayes 76, Noes 0)

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