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  MAY 7, 2013
	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   include  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   , which  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 would, however, authorize an electric
vehicle charging station to require additional network roaming
charges for nonmembers if those charges are disclosed to the public
at the point of sale. The bill would require an electric vehicle
charging station to provide to the general public 2 specified options
of payment. 
   The 
    This  bill would require all persons that provide
electric vehicle charging services to disclose to the public and the
 commission   state board  the station's
geographic location, a schedule of fees, accepted methods of payment,
and the amount of network roaming charges for nonmembers, if any.
The bill would authorize the  commission   state
board  to provide this information to the National Renewable
Energy Laboratory, to other governmental entities, or to software
application developers for the purpose of compiling it and providing
the information to the public. The bill would also authorize the
 commission   state board  to release the
information directly to the public. 
   The 
    This  bill would also require the  commission
  state board  , 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   stat   e board 
adopts standards, all electric vehicle charging stations that
require payment to meet those standards within one year. The bill
 also  would require the  Department of Consumer
Affairs   state board  to maintain a toll-free
telephone number and email address or an Internet Web site to collect
consumer complaints regarding violations of these provisions. The
bill would authorize the  department   state
board  to respond to consumer complaints and would require the
 department   state board  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.
   (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)
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 a plug-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 served by a battery charging 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 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 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, residents of a common interest development, or residents of
an adjacent building. Nothing in this article limits the 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 network roaming
charges for nonmembers if those charges are disclosed to the public
at the point of sale. An electric 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.
   (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) 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  state board  the station's geographic
location, a schedule of fees , accepted methods of payment, and the
amount of network roaming charges for nonmembers, if any. The
 commission   state board  may provide this
information to the National Renewable Energy Laboratory, to other
governmental entities, or to software application developers for the
purpose of compiling it and providing the information to the public.
The  commission   sta   te board 
may also release the information directly to the public.
   (c) Electric vehicle charging stations shall be labeled in
accordance with Part 309 of Title 16 of the Code of Federal
Regulations, and  ,  where commercially reasonable and
feasible,  shall  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 
 state board  may adopt interoperability billing standards
for network roaming payment methods for electric vehicle charging
stations. If the  commission   state board 
adopts interoperability billing standards, all electric vehicle
charging stations that require payment shall meet those standards
within one year. The  commission   state board
 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  
state board  shall maintain a toll-free telephone number and
email address or an Internet Web site to collect consumer complaints
regarding violations of this section. The  department
  state board  may respond to complaints. The
 department   state board  shall summarize
the complaints by number and type of complaint and make the summary
available to the public annually.