Bill Text: CA SB454 | 2013-2014 | Regular Session | Amended

California Senate Bill 454 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public resources: electric vehicle charging stations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-28 - Chaptered by Secretary of State. Chapter 418, Statutes of 2013. [SB454 Detail]

Download: California-2013-SB454-Amended.html
BILL NUMBER: SB 454	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Corbett

                        FEBRUARY 21, 2013

   An act to add Chapter 8.7 (commencing with Section 44268) 
of   to  Part 5 of Division 26 of the Health and
Safety Code, relating to air resources.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 454, as amended, Corbett.  Air   Public
 resources: electric vehicle charging stations.
   Existing law establishes the Alternative and Renewable Fuel and
Vehicle Technology Program, administered by the State Energy
Resources Conservation and Development Commission  (Energy
Commission)  , that authorizes, among other things, upon
appropriation by the Legislature, a grant program to provide funding
for homeowners who purchase a plug-in electric vehicle to offset
costs associated with modifying electrical sources that includes a
residential plug-in electric vehicle charging station.
   Existing law also creates a grant program for the purchase and
lease of zero-emission vehicles, as defined, in the state, to be
developed and administered by the State Air Resources Board, in
conjunction with the  Energy Commission  
commission  . The program provides grants to specified
recipients in an amount equal to 90% of the incremental cost above
$1,000 of an eligible new zero-emission light-duty car or truck, as
defined.
   This bill would create the Electric Vehicle Charging Stations Open
Access Act that would  require, among other things, that an
electric vehicle charging station that is installed in a public
parking space be made available for use by the general public. The
bill would provide that   prohibit the charging of a
subscription fee on  persons desiring to use  the
  an  electric vehicle charging station 
shall not be required to pay a subscription fee in order to use the
station, and shall not be required   , as defined, and
would prohibit a requirement for persons  to obtain membership
in any club, association, or organization as a condition of using the
station  , except as specified  . The bill  also 
would  also  authorize an electric vehicle charging
station to require additional out-of-network charges  for roaming
users  if those charges are disclosed to the public  , as
specified  . The bill would require an electric vehicle charging
station to provide  one or more   to the
general public at least one of 2  specified options of payment
 to the general public and would strongly encourage owners of
electric vehicle charging stations in public parking spaces to
clearly mark their charging stations with Department of
Transportation approved signage at the station and at the entrance to
the parking area or facility where the station is located 
.
   The bill would require all  electric vehicle charging
stations in public parking spaces  persons  that
provide  electricity for a fee or monthly subscription
 electric vehicle charging services  to disclose to
the public and the  State Energy Resources Conservation and
Development Commission   commission the station's
geographic location,  including specific location in the
parking lot or garage if applicable,  accepted methods of
payment, the amount of the fees  or monthly subscription
 charged  , any additional charges  
nonsubscribers or  to nonmembers  or   ,
including  out-of-network charges  , and how a consumer
can find out if the charging station is available   for
roaming us   ers  . The bill would authorize the
commission to provide this information to the National Renewable
Energy Laboratory or other governmental entities for the purposes of
compiling it and providing the information to the public.
   The bill would also require the commission, on or after January 1,
2015, to adopt interoperability standards for network roaming
payment methods for electric vehicle charging stations, and would
require, if the commission adopts standards, all electric vehicle
charging stations  that require payment  to meet those
standards within one year. The bill would require the Department of
Consumer Affairs to maintain a toll-free telephone number and
 e-mail   email  address to collect
complaints about electric vehicle charging stations from electric
vehicle owners or drivers. The bill would authorize the department to
respond to consumer complaints and would require the department to
summarize those complaints by number and type of complaint and make
the summary available to the public.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California is the nation's largest market for cars and
light-duty trucks.
   (b) The transportation sector is the biggest contributor to
California's greenhouse gas emissions and accounts for approximately
40 percent of these emissions.
   (c) California should encourage the development and success of
zero-emission vehicles to protect the environment, stimulate economic
growth, and improve the quality of life in the state. 
   (d) California should encourage and support the development of
infrastructure for open and accessible public charging stations as
well as industry efforts to develop interoperability standards for
those charging stations.  
   (d) 
    (e)  In order to reach the goal of 1.5 million electric
drive vehicles in California by 2025, electric vehicle (EV) consumers
need confidence that they can access a robust network of EV charging
stations. Any EV driver should be able to access any publicly
available charging station, regardless of the system provider.

   (e) 
    (f)  EV consumers and drivers need to be able to find
the stations and know how much they cost  so that electricity
can become a reliable commodity as a transportation fuel. Consumers
will gain confidence from fuel pricing transparency and learn the key
advantage of a fuel which costs the equivalent of less than $1 per
gallon of gasoline  . 
   (f) 
   (g)  It is the intent of the Legislature to  (1)
 promote a positive driving experience  to assist
  by assisting  in the widespread deployment of
electric vehicles  , (2) not limit the ability of a property
owner or lessor of public parking spaces, as defined in Section
44268, to restrict use or access of those parking spaces, and (3)
provide procedures that allow EV drivers to access EV charging
station services for a cost or fee through a network-roaming
arrangement from various EV service providers  .
  SEC. 2.  Chapter 8.7 (commencing with Section 44268) is added to
Part 5 of Division 26 of the Health and Safety Code, to read:
      CHAPTER 8.7.  ELECTRIC VEHICLE CHARGING STATIONS OPEN ACCESS
ACT


   44268.  As used in this chapter, the following 
definitions shall apply   terms have the following
meanings  :
   (a) "Battery" means an electrochemical energy storage system
powered directly by electrical current.
   (b) "Battery charging station" means an electric component
assembly or cluster of component assemblies designed specifically to
charge batteries within electric vehicles  by permitting the
  transfer of electric energy to a battery or other storage
device in an electric vehicle  .
   (c) "Electric vehicle" means a vehicle that uses an electric motor
for all or part of the motive power of the vehicle, including
battery electric, plug-in hybrid electric, or plug-in fuel cell
vehicle.
   (d) "Electric vehicle charging station" means  any
  one or more  public parking space
  spaces  located together with a battery charging
station  that supplies electricity for the purpose of
recharging electric vehicles by permitting the transfer of electric
energy to a battery or other storage device in an electric vehicle
 . An electric vehicle charging station may include several
charge points simultaneously connecting several electric vehicles to
the station and any related equipment needed to facilitate charging
 plug-in  electric vehicles.
   (e) "Interoperability standards" means the ability for a member of
one electric charging station network to use another network.
   (f) "Network roaming" means the act of a member of one electric
charging station network using a charging station that is outside of
the member's network with his or her network account information.
   (g) "Public parking space" means a parking space that is available
to  ,   and accessible by,  the  general
 public and  does   includes on-street
parking spaces, parking spaces in surface lots or underground or
above   -ground parking garages, and designated visitor
parking spaces in a private business parking lot. "Public parking
spaces" shall  not include a parking space that is part of, or
 connected to, a residence or for exclusive use of employees.
Public parking spaces include, but are not limited to, onstreet
parking, parking spaces at places of employment, office buildings,
schools, hotels, airports, shopping centers, or restaurants.
  connected to, a private residence or a parking space
that is reserved for the exclusive use of an individual driver or
vehicle or for a group of drivers or vehicles, such as employees,
tenants, customers, or residents of an adjacent building. 
Nothing in this article limits the ability of the owner or lessor of
the parking space from restricting use of the parking space.
   44268.2.  (a)  An electric vehicle charging station that
is installed in a public parking space shall be made available for
use by the general public.   (1)   
Persons desiring to use  the   an  electric
vehicle charging station  that requires payment of a fee 
shall not be required to pay a subscription fee in order to use the
station, and shall not be required to obtain membership in any club,
association, or organization as a condition of using the station.
 An   Use of an    electric
vehicle charging station may require additional out-of-network
charges  for nonmembers  if those charges are disclosed to
the public  , pursuant to subdivision (b)  . An electric
vehicle charging station shall provide  to the public  one
or  more   both  of the following options
of payment  to the general public  : 
   (1) 
    (A)  Pay directly via credit card. 
   (2) 
    (B)  Pay over the  phone  
telephone  through a toll-free telephone number established and
displayed on  or near  the charging station. 
   (3) 
    (2)   Pay through a network roaming arrangement.
  Notwithstanding paragraph (1), an electric vehicle
charging station may offer services on a subscription- or
membership-only basis provided those electric vehicle charging
stations   allow non   subscribers or non 
 members the ability to use the electric vehicle charging station
through the payment options detailed in paragraph (1)   .

   (b) All  electric vehicle charging stations in public
parking spaces that provide electricity for a fee or monthly
subscription   persons providing electric vehicle
charging services  shall disclose to the public and the State
Energy Resources Conservation and Development Commission the station'
s geographic location  , including specific location in the
parking lot or garage if applicable  , accepted methods of
payment, the amount of the fees  or monthly subscription
 charged  to nonsubscribers or nonmembers for single-use
charging services or stations  ,  including  any
additional charges to nonmembers or out-of-network charges  ,
and how a consumer can find out if the charging station is available
  for roaming users  . The commission may provide
this information to the National Renewable Energy Laboratory or other
governmental entities for the purposes of compiling it and providing
the information to the public. 
   (c) Owners of electric vehicle charging stations in public parking
spaces are strongly encouraged to clearly mark their charging
stations with Department of Transportation approved signage at the
station, and at the entrance to the parking area or facility where
they are located.  
   (c) Electric vehicle charging stations subject to the requirements
of this section shall be labeled in accordance with Part 309 of
Title 16 of the Code of Federal Regulations, and where commercially
reasonable and feasible, be clearly marked with appropriate
directional signage in the parking area or facility where they are
located. 
   (d) On or after January 1, 2015, the commission may adopt
interoperability standards for network roaming payment methods for
electric vehicle charging stations. If the commission adopts 
interoperability billing  standards, all electric vehicle
charging stations  that require payment  shall meet those
standards within one year. The commission may adopt 
interoperability  standards promulgated by an outside
authoritative body.
   (e) The Department of Consumer Affairs shall maintain a toll-free
telephone number and  e-mail  email 
address to collect consumer complaints about electric vehicle
charging stations from electric vehicle owners or drivers. The
department may respond to complaints. The department shall summarize
the complaints by number and type of complaint and make the summary
available to the public.