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 24, 2013
	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
  which  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 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, 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   would require the total actual charges for 
 the use of   an electric vehicle charging station to be
 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.
    This bill would require  all persons that provide
  the service provider of  electric vehicle
 charging services   service equipment, as
defined, at an electric vehicle charging station, as defined, 
to disclose to the  public and the state board  
National Renewable Energy Laboratory  the  charging 
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 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 state board to release the
information directly to the public. 
   This bill  would also require the state board, on or after
  ,   if no interoperability billing standards
have been adopted by a national standards organization by 
January 1, 2015,  would authorize the state board  to adopt
interoperability billing standards  , as defined,  for
network roaming payment methods for electric vehicle charging
stations, and would require, if the state board adopts standards, all
electric vehicle charging stations that require payment to meet
those standards within one year. The bill also would require the
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 state board to respond to consumer complaints and would require
the 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  publicly
available  EV charging stations. Any EV driver should be able to
access any publicly available  EV  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   lessee  of  public
  publicly available  parking spaces, as defined in
Section 44268, to restrict use  of  or access  of
  to  those parking spaces to  its 
customers, and (3) facilitate  expanded  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) 
    (b)  "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) 
    (c)  "Electric vehicle charging station" means one or
more  public   publicly available  parking
spaces served by  a battery charging station  
electric vehicle service equipment  . 
   (d) "Electric vehicle service equipment" 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. 
   (e) "Interoperability  billing standards" means the
ability for a member of one electric charging station  billing
 network to use another  billing  network.
   (f) "Network roaming" means the act of a member of one electric
 vehicle  charging station  billing  network using
a charging station that is outside of the member's  billing 
network with his or her  billing  network account
information.
   (g)  "Public   "Publicly available 
parking space" means a parking space that  is  
has been designated by a property owner or lessee to be 
available to, and accessible by, the public and  includes
  may include  on-street parking  spaces,
  spaces and  parking spaces in surface lots or
parking  garages, and designated visitor parking spaces in a
private business parking lot. "Public   garages.
"Publicly available  parking  spaces"  
space"  shall not include a parking space that is part of, or
associated with, a private  residence or  
residence,  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,  visitors,  residents
of a common interest development, or residents of an adjacent
building  , or a parking space provided by a producer of electric
vehicles as a service  . Nothing in this article limits the
ability of an owner or  lessor   lessee  of
a  publicly a   vailable  parking space whose
primary business is other than electric vehicle charging from
restricting use of the parking  space   space,
such as limiting use  to customers  and visitors  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  
The total actual charges for the use of an electric vehicle charging
station, including any additional network roaming charges for
nonmembers,   shall be  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  service  provider of  an 
electric vehicle  charging station that is accessible to the
public   service equipment at an electric vehicle
charging station or its designee  shall disclose to the 
public and the state board   National Renewable Energy
Laboratory  the  electric vehicle charging  station's
geographic location, a schedule of fees , accepted methods of
payment, and the amount of network roaming charges for nonmembers, if
any.  The 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 state 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   may  be clearly marked with
appropriate directional signage in the parking area or facility where
they are located.
   (d)  On or after   If no interoperability
billing   standards have been adopted by a national
standards organization by  January 1, 2015, the state board may
adopt interoperability billing standards for network roaming payment
methods for electric vehicle charging stations. If the state board
adopts interoperability billing standards, all electric vehicle
charging stations that require payment shall meet those standards
within one year.  The   Any standards adopted by
the  state board shall consider other governmental or
industry-developed interoperability billing standards and may adopt
interoperability  billing  standards promulgated by an
outside authoritative body.
   (e) The 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 state board may
respond to complaints. The state board shall summarize the complaints
by number and type of complaint and make the summary available to
the public annually.