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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 454	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2013
	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Corbett

                        FEBRUARY 21, 2013

   An act to add Chapter 8.7 (commencing with Section 44268) 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. 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, 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 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 prohibit the charging of a subscription fee on
persons desiring to use an electric vehicle charging station, 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  , however,  authorize an electric vehicle
charging station to require additional  out-of-network
  network roaming  charges for  roaming
users   nonmembers  if those charges are disclosed
to the public  , as specified   at the point of
sale  . The bill would require an electric vehicle charging
station to provide to the general public  at least one of
 2 specified options of payment.
   The bill would require all persons that provide electric vehicle
charging services to disclose to the public and the commission the
station's geographic location,  a schedule of fees, 
accepted methods of payment,  and  the amount of 
the fees charged nonsubscribers or to nonmembers, including
out-of-network charges for roaming users   network
roaming charges for nonmembers, if any  . The bill would
authorize the commission to provide this information to the National
Renewable Energy Laboratory  or  , to 
other governmental entities  , or to software application
developers  for the  purposes   purpose
 of compiling it and providing the information to the public.
 The bill would also authorize the commission to release the
information directly to the   public. 
   The bill would also require the commission, on or after January 1,
2015, to adopt interoperability  billing  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 email
address  or an Internet Web site  to collect  consumer
 complaints  about electric vehicle charging stations
from electric vehicle owners or drivers   regarding
violations of these provisions  . 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  annually
 .
   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  .
   (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.
   (f) EV consumers and drivers need to be able to find the stations
and know how much they cost.
   (g) It is the intent of the Legislature to (1) promote a positive
driving experience 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  to customers
 , 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
  facilitate EV driver access to all electric vehicle
charging stations in public places  .
  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 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   a plu   g-in battery to
provide  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 one or more public
parking spaces  located together with   served
by  a battery charging  station .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 electric vehicles. 
 station. 
   (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 public and 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   associated with  , 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
  residents of a common interest development  , 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.   ability of an
owner or lessor of a parking space whose primary business is other
than electric vehicle charging from restricting use of the parking
space to customers of the business. 
   44268.2.  (a) (1) Persons desiring to use 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. Use of an electric
vehicle charging station may require additional 
out-of-network   network roaming  charges for
nonmembers if those charges are disclosed to the public  ,
pursuant to subdivision (b)   at the point of sale 
. An electric vehicle charging station shall provide to the
public one or both of the following options of payment: 
 vehicle charging station that requires payment of a fee shall
allow a person desiring to use the station to pay via credit card or
mobile technology, or both.  
   (A) Pay directly via credit card.  
   (B) Pay over the telephone through a toll-free telephone number
established and displayed on or near the charging station. 
   (2) 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
nonsubscribers or nonmembers the ability to use the electric vehicle
charging station through the payment options detailed in paragraph
(1).
   (b)  All persons providing electric vehicle charging
services shall disclose to the   The provider of an
electric vehicle charging station that is accessible to the public
shall disclose to the  public and the State Energy Resources
Conservation and Development Commission the station's geographic
location  , a schedule of fees  , accepted methods of
payment,  the amount of the fees charged to nonsubscribers or
nonmembers for single-use charging services or stations, including
any additional charges to nonmembers or out-of-network charges for
roaming users   and the amount of network roaming
charges for non   members, if any  . The commission may
provide this information to the National Renewable Energy Laboratory
 or   , to  other governmental entities
 , or to software application developers  for the 
purposes   purpose  of compiling it and providing
the information to the public.  The commission   may
also release the information directly to the public   .

   (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  billing  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  shall consider other
governmental or industry-developed interoperability billing standards
and  may adopt interoperability standards promulgated by an
outside authoritative body.
   (e) The Department of Consumer Affairs shall maintain a toll-free
telephone number and email address  or an Internet Web site 
to collect consumer complaints  about electric vehicle
charging stations from electric vehicle owners or drivers 
 regarding violations of this section  . 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  annually  .