Bill Text: CA AB1646 | 2019-2020 | Regular Session | Amended

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Bill Title: Land use: development projects: electric vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1646 Detail]

Download: California-2019-AB1646-Amended.html

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Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1646

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Introduced by Assembly Member Burke

February 22, 2019

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An act to amend Section 21002 of the Public Utilities Code, relating to aeronautics. add Section 65850.9.5 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

AB 1646, as amended, Burke. State Aeronautics Act: purposes. Land use: development projects: electric vehicles.

The Planning and Zoning Law authorizes the legislative body of a county or city to adopt ordinances that, among other things, regulate the construction of development projects. Existing law also requires cities and counties to approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit, as specified. Existing law provides that the implementation of consistent statewide standards to achieve timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern.

This bill would require a city or county, as a condition of approval of an application for construction or reconstruction for a development project with greater than 250,000 square feet of retail floor area, to require the application to include specified information, including a reasonable estimate of the total number of customers anticipated to visit the development and the proportion of those customers expected to utilize electric vehicles. The bill would require the parking spaces dedicated to electric vehicle charging to count towards the total number of parking spaces required by the city or county. By increasing the duties of local officials, the bill would create a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The State Aeronautics Act governs the creation and operation of airports in this state for the purpose of protecting the public interest in aeronautics and aeronautical progress through identified means.

This bill would make nonsubstantive changes to the stated purposes of the act.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 65850.9.5 is added to the Government Code, to read:

65850.9.5.

 (a) A city or a county, as a condition of approval of an application for construction or reconstruction for a development project with greater than 250,000 square feet of retail floor area, shall require the application to include both of the following:

(1) A reasonable estimate of the total number of customers anticipated to visit the development and the proportion of those customers expected to utilize electric vehicles, based on the surrounding area’s saturation of electric vehicles.

(2) An adequate number of electric vehicle charging station parking spaces, based on the estimated need determined pursuant to subdivision (a).

(b) The parking spaces dedicated to electric vehicle charging shall count towards the total number of parking spaces required by the city or county considering the application for the development project.

SEC. 2.

 The Legislature finds and declares that the implementation of consistent statewide standards with regard to the installation of electric vehicle charging stations is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65850.9.5 to the Government Code applies to all cities, including charter cities.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.Section 21002 of the Public Utilities Code is amended to read:

21002.

The purpose of this part is to further and protect the public interest in aeronautics and aeronautical progress by the following means:

(a)Encouraging the development of private flying and the general use of air transportation.

(b)Fostering and promoting safety in aeronautics.

(c)Effecting uniformity of the laws and regulations relating to aeronautics consistent with federal aeronautics laws and regulations.

(d)Granting to a state agency powers, and imposing upon it duties, so that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property, assist in the development of a statewide system of airports, encourage the flow of private capital into aviation facilities, and cooperate with and assist political subdivisions and others engaged in aeronautics in the development and encouragement of aeronautics.

(e)Establishing only those regulations that are essential and clearly within the scope of the authority granted by the Legislature, in order that persons may engage in every phase of aeronautics with the least possible restriction consistent with the safety and the rights of others.

(f)Providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.

(g)Assuring that persons residing in the vicinity of airports are protected to the greatest possible extent against intrusions by unreasonable levels of aircraft noise.

(h)Fostering and promoting the development of a stable and efficient regional air carrier system to provide access for small and rural communities to the national air transportation system consistent with federal policies favoring deregulation.

(i)Developing, in cooperation with the private sector, airport management, local jurisdictions, federal authorities, and the general public, informational programs to increase the understanding of current air transportation issues including, but not limited to, aviation safety, planning, airport noise, airport development and management, and the role of aviation in the economic development of the state, as an integral part of the state’s transportation system.

(j)Sponsoring or cosponsoring, with representatives of the aerospace and aviation industry, aviation educational and informational seminars that meet the needs of pilots and other members of the industry for current information on aviation safety, planning, and airport development and management.