Bill Text: CA AB2037 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2037

CA State Legislature page for AB2037

Bill Title: Weights and measures: electric vehicle chargers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-11 - Read second time. Ordered to third reading. [AB2037 Detail]

Download: California-2023-AB2037-Amended.html

Amended IN Assembly March 14, 2024

Amended IN Assembly March 06, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2037

Introduced by Assembly Member Papan
(Coauthor: Assembly Member Irwin)

February 01, 2024

An act to add Section 12209.7 to the Business and Professions Code, relating to weights and measures.

LEGISLATIVE COUNSEL'S DIGEST

AB 2037, as amended, Papan. Weights and measures: electric vehicle chargers.

Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime.

Existing law defines “correct,” for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements.

This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has ~~jurisdiction, except as specified. The bill would authorize a county sealer to place an incorrect vehicle charger out of order, as specified.~~ jurisdiction. The bill would require a county sealer to condemn and seize, or cause to be marked with a tag or other device with the words “out of order,” an incorrect, as defined, electronic vehicle charger operated by a public agency, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle ~~charger,~~ charger operated by a public agency, as specified. ~~The bill would prohibit a public agency, or an employee or agent thereof, from using an electric vehicle charger placed out of order by a sealer, as specified.~~ The bill would authorize a county sealer to levy a civil penalty against a public agency, or an employee or agent thereof, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified.

By expanding the scope of a crime, and to the extent it would ~~require~~ impose additional duties of on a county sealer, this bill would impose a state-mandated local program.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

SECTION 1.

Section 12209.7 is added to the Business and Professions Code, to read:

12209.7.

(a) For purposes of this section, the following definitions apply:

(1) “Correct” has the same meaning as defined in Section 12500.

(2) “Electric vehicle charger operated by a public agency” means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services ~~performed,~~ performed on behalf of the public agency.

(3) “Incorrect” has the same meaning as defined in Section 12500.

~~(4)“Out of order” has the same meaning as described in Section 12506.~~
~~(5)~~

(4) “Public agency” means any city, county, city and county, district, or other local authority or public body of, or within, this state.

(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.

(c)If the county sealer determines that a specific electric vehicle charger is incorrect, then the sealer shall notify the owner or operator of the electric vehicle charger, may immediately place the charger out of order, and any person may park a vehicle free of charge in the parking space to which the inaccurate charger corresponds until the owner or operator replaces or repairs the inaccurate electric vehicle charger.
(d)A public agency, or an employee or an agent of a public agency, shall not remove an out-of-order tag or a device placed by a county sealer or commercially use an electric vehicle charger placed out of order until it is repaired, recalibrated, or returned to a correct condition, and then verified correct by a county sealer.
(c) A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words “out of order.”
(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent of a public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency.

(e) A Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section. ~~The charge shall not exceed the county’s total cost of inspecting and testing an electric vehicle charger.~~

~~(f)This section does not apply to an electric vehicle charger for which no payment is required to charge an electric vehicle.~~

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.