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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Weights and measures: electric vehicle chargers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-05-08 - Referred to Coms. on B., P. & E. D. and JUD. [AB2037 Detail]

Download: California-2023-AB2037-Introduced.html


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2037


Introduced by Assembly Member Papan

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 introduced, 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.
This bill would authorize a county sealer to test and certify the accuracy of any electric vehicle charger located in the county in which the sealer has jurisdiction, including, but not limited to, an electric vehicle charger owned or operated by a city, county, or a city and county, except as specified. The bill would authorize a county sealer to close an inaccurate vehicle charger, as specified.
By expanding the scope of a crime and, to the extent it would require additional duties of 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) A county sealer may test and certify the accuracy of any electric vehicle charger located in the county in which the sealer has jurisdiction, including, but not limited to, an electric vehicle charger owned or operated by a city, county, or a city and county.
(b) If the county sealer determines that a specific electric vehicle charger is an inaccurate electric vehicle charger, then the sealer shall notify the owner or operator of the electric vehicle charger, may immediately close the charger, 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.
(c) For purposes of this section, an “inaccurate electric vehicle charger” means an electric vehicle charger that provides less electricity for a price than what it advertises it provides for that price.
(d) 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.
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