Amended
IN
Senate
August 23, 2022 |
Amended
IN
Senate
August 01, 2022 |
Amended
IN
Assembly
April 18, 2022 |
Amended
IN
Assembly
March 21, 2022 |
Introduced by Assembly Members Ting and Reyes (Principal coauthor: Assembly Member Muratsuchi) (Coauthor: Senator Becker) |
February 14, 2022 |
Beginning July 1, 2023, this
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(a)For purposes of this section, the following definitions apply:
(1)“Charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electrical energy to a battery or other storage device in an electric vehicle.
(2)“Excluded time” means the time not included when calculating uptime, as determined pursuant to the determination made by the commission and Public Utilities Commission pursuant to paragraph (2) of subdivision (c).
(3)“Uptime” means the time a charging station’s hardware and software are both operational and the charging station dispenses electricity. “Uptime” does not include excluded time.
(b)(1)Beginning July 1, 2023, an entity that receives an incentive
funded by a state agency or through a charge on ratepayers to install, own, or operate a charging station, in whole or in part, shall report charging station uptime and excluded
time to the commission if the charging station is installed after July 1, 2023.
(2)(A)The funding recipient shall report the charging station’s uptime and excluded time to the commission annually, calculated over a 12-month rolling basis. The funding recipient for the charging station shall provide this information for a minimum of five years, unless the entity that provided funding determines another timespan is more appropriate and the commission approves.
(B)The funding entity and the electric vehicle service provider shall clearly disclose these reporting requirements to the funding recipient. The electric vehicle service provider shall provide a separate disclosure to the funding recipient about the funding recipient’s right to designate the service provider as the entity to report the data on behalf of the funding recipient. The funding recipient shall verify receipt by signing the disclosure. The funding recipient may designate the responsibility for reporting data to the selected electric vehicle service provider for the duration of this requirement through an agreement. That agreement shall be confirmed by the funding entity.
(C)The commission, in consultation with the Public Utilities Commission, shall consider different reporting requirements for nonnetworked charging stations, Level 1 charging stations, and all-inclusive mobile solar charging stations that are feasible and cost-effective. If the commission determines it cannot develop reporting requirements that meet these criteria, it may reduce reporting requirements for these technologies until more feasible and cost effective reporting methodologies are identified.
(D)This requirement shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.
(c)(1)The commission, in consultation with the Public Utilities Commission, shall develop a formula to calculate uptime to provide consistent, standardized reporting of information.
(2)The commission and Public Utilities Commission shall determine what events make a charging station inoperable and therefore constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a software or hardware provider’s control, or events that undermine the equitable distribution of station deployment pursuant to Section 25231.
(3)As part of this process, the commission, in consultation with the Public Utilities Commission, shall hold public workshops.
(d)(1)Beginning January 1, 2025, the commission, as part of the assessment prepared pursuant to Section 25229, shall assess the uptime and excluded time of public- and ratepayer-funded charging station infrastructure by technology type.
(2)Beginning January 1, 2025, the commission, as part of the assessment prepared pursuant to Section 25231, shall assess if there are differences in charging station uptime by population density, geographical area, or population income level, including low-, moderate-, and high-income levels.
(3)The commission shall update the assessments performed pursuant to this subdivision every two years.
(4)The commission shall protect companies’ confidential business information, including, but not limited to, by anonymizing and aggregating the uptime data, to ensure an individual company’s uptime data is not identifiable in its assessments pursuant to paragraphs (1) and (2).
(e)The commission, in consultation with the Public Utilities Commission, shall consider adopting tools to increase charging station uptime, including, but not limited to, uptime requirements, operations and maintenance standards, or incentives, including, but not limited to, operations and maintenance incentives.
The Legislature finds and declares that Section 2 of this act, which adds Section 25231.5 to the Public Resources Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the confidential and proprietary information of an entity subject to Section 2 of this act, it is necessary that this act
limit the public’s right of access to that information.