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

California Assembly Bill 2037

CA State Legislature page for AB2037

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-Amended.html

Amended IN Assembly March 06, 2024

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 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 ~~certify the accuracy of~~ 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, including, but not limited to, an electric vehicle charger owned or operated by a city, county, or a city and county,~~ jurisdiction, except as specified. The bill would authorize a county sealer to ~~close an inaccurate vehicle charger,~~ place an incorrect vehicle charger out of order, 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, 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.

By expanding the scope of a ~~crime and,~~ 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 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 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, 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) “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 ~~certify the accuracy of~~ verify as correct any electric vehicle charger operated by a public agency that is 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.~~ jurisdiction.

~~(b)~~

(c) If the county sealer determines that a specific electric vehicle charger is ~~an inaccurate electric vehicle charger,~~ incorrect, then the sealer shall notify the owner or operator of the electric vehicle charger, may immediately ~~close the charger,~~ 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.

(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) 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.
(e) 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.
~~(d)~~

(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.