AB 1236: Local ordinances: electric vehicle charging stations.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-08
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits 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 require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The bill would authorize the city, county, or city and county, in developing the ordinance, to refer to guidelines contained in a specified guidebook. The bill would also authorize the adoption of an ordinance that modifies the checklists and standards found in the guidebook due to unique conditions. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits 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 require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The bill would authorize the city, county, or city and county, in developing the ordinance, to refer to guidelines contained in a specified guidebook. The bill would also authorize the adoption of an ordinance that modifies the checklists and standards found in the guidebook due to unique conditions. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits 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 require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The bill would authorize the city, county, or city and county, in developing the ordinance, to refer to guidelines contained in a specified guidebook. The bill would also authorize the adoption of an ordinance that modifies the checklists and standards found in the guidebook due to unique conditions. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits 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 require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The bill would authorize the city, county, or city and county, in developing the ordinance, to refer to guidelines contained in a specified guidebook. The bill would also authorize the adoption of an ordinance that modifies the checklists and standards found in the guidebook due to unique conditions. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, that requires payment of a fee and prohibits 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 require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, that requires payment of a fee and prohibits 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 require a city, county, or city and county to approve the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, that requires payment of a fee and prohibits 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 require a city city, county, or city and county to approve the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city or county city, county, or city and county to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, that requires payment of a fee and prohibits 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 require a city or county to approve the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city or county to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. By increasing the duties of local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4)It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.
(b)A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utilitys interconnection policies prior to approval.
(2)The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submittal means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4)It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.
(b)A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utilitys interconnection policies prior to approval.
(2)The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submittal means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4)It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations. stations so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.
(b)A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utilitys interconnection policies prior to approval.
(2)The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submittal means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for such charging stations.
(b)A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. A city, county, or city and county, that owns and operates electric utility services within its service territory shall comply with the electric utility interconnection policy. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utilitys interconnection policies prior to approval.
(2)The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may reasonably conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governors Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submittal means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for such charging stations.
(b)A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging station stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. A city, county, or city and county, that owns and operates electric utility services within its service territory shall comply with the electric utility interconnection policy.
(2)The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county shall may reasonably conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governors Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submittal means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations, including, but not limited to, design review for aesthetic purposes, stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for such charging stations.
(b)A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county, county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, shall adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging station shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(2)The checklist and required permitting documentation shall be published on a publically accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county shall substantially reasonably conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governors Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submittal means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for such charging stations.
(b)A city city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and or safety, the city city, county, or city and county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health and or safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the National California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, shall adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging station shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, and county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(2)The checklist and required permitting documentation shall be published on a publically accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submital submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county shall substantially conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governors Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)For an electric vehicle charging station to be eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed in a city, county, or city and county that does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If an electric vehicle charging station fails inspection, a subsequent inspection is authorized, however the subsequent inspection shall not be required to conform to the requirements of this subdivision.
(i)
(h)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(j)
(i)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submital submittal means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2)It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3)It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for such charging stations.
(b)A city or county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city or county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety, the city or county may require the applicant to apply for a use permit.
(c)A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e)Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.
(f)(1)An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2)An electric vehicle charging station shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g)(1)On or before September 30, 2016, every city, county, or city and county, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, shall adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging station shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, and city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(2)The checklist and required permitting documentation shall be published on a publically accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submital of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county shall substantially conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governors Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h)For an electric vehicle charging station to be eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed in a city, county, or city and county that does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If an electric vehicle charging station fails inspection, a subsequent inspection is authorized, however the subsequent inspection shall not be required to conform to the requirements of this subdivision.
(i)A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(j)The following definitions shall apply to this section:
(1)A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2)Electronic submital means the utilization of one or more of the following:
(A)Email.
(B)The Internet.
(C)Facsimile.
(3)Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4)Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 9, 2015 | Assembly Rule 77 suspended. |
| Aug 18, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time. Ordered to third reading. |
| Sep 2, 2015 | Read third time and amended. Ordered to second reading. |
| Sep 3, 2015 | Read second time. Ordered to third reading. |
| Sep 8, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77. |
| Sep 8, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 8, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2588.). |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended. |
| Sep 9, 2015 | Assembly Rule 77 suspended. (Page 2990.) |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 2. Page 3005.). |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 2.). |
| Sep 17, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 8, 2015 | Approved by the Governor. |
| Oct 8, 2015 | Chaptered by Secretary of State - Chapter 598, Statutes of 2015. |
| May 21, 2015 | Read second time. Ordered to Consent Calendar. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
| Mar 2, 2015 | Read first time. |
| Mar 23, 2015 | Referred to Coms. on L. GOV. and TRANS. |
| Apr 16, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on TRANS. (Ayes 8. Noes 0.) (April 15). |
| Apr 20, 2015 | Read second time and amended. |
| Apr 21, 2015 | Re-referred to Com. on TRANS. |
| Apr 28, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 27). Re-referred to Com. on APPR. |
| May 20, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 20). |
| Feb 27, 2015 | Introduced. To print. |
| May 26, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 26, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1595.) |
| Jun 4, 2015 | Referred to Coms. on GOV. & F. and T. & H. |
| Jun 19, 2015 | From committee: Do pass and re-refer to Com. on T. & H. (Ayes 6. Noes 1.) (June 17). Re-referred to Com. on T. & H. |
| Jul 8, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 7). |
| Jul 9, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 9, 2015 | AB 1236 CHIU Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 8, 2015 | Assembly 3rd Reading AB1236 Chiu By Beall | Senate Floor |
Passed |
|
| Jul 7, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| Jun 17, 2015 | Do pass, but first be re-referred to the Committee on [Transportation and Housing] | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 26, 2015 | AB 1236 CHIU Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 20, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 27, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
|
| Apr 15, 2015 | Do pass as amended and be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Institute of Architects | ** Support | Sep 8, 2015 |
| American Lung Association in California | ** Support | Sep 8, 2015 |
| Burbank, City of | ** Against | Sep 8, 2015 |
| California Apartment Association | ** Support | Sep 8, 2015 |
| California Building Industries Association | ** Against | Sep 8, 2015 |
| California Building Officials | ** Against | Sep 8, 2015 |
| California League Of Conservation Voters | ** Support | Sep 8, 2015 |
| California Municipal Utilities Association | ** Against | Sep 8, 2015 |
| California State Association Of Counties | ** Against | Sep 8, 2015 |
| ChargePoint | ** Support | Sep 8, 2015 |
| Coalition For Clean Air | ** Support | Sep 8, 2015 |
| League Of California Cities | ** Against | Sep 8, 2015 |
| Marin County Council of Mayors and Councilmembers | ** Against | Sep 8, 2015 |
| Natural Resources Defense Council | ** Support | Sep 8, 2015 |
| Northern California Power Agency | ** Against | Jul 7, 2015 |
| Nrg Energy | ** Support | Sep 8, 2015 |
| Plug In America | ** Support | Sep 8, 2015 |
| SacEV | ** Support | Sep 8, 2015 |
| San Marcos, City Of | ** Against | Sep 8, 2015 |
| Sierra Club California | ** Support | Sep 8, 2015 |
| Silicon Valley Leadership Group | ** Support | Sep 8, 2015 |
| Stem Inc. | ** Support | Sep 8, 2015 |
| Technet | ** Support | Sep 8, 2015 |
| Urban Counties Caucus | ** Against | Sep 8, 2015 |
| Volta | ** Support | Sep 8, 2015 |
| Volta Charging | * Support | Apr 27, 2015 |
AB 1236
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 1236
(Chiu and Low)
As Amended September 2, 2015
Majority vote
ASSEMBLY: |
76-0 |
(May 26, 2015) |
SENATE: |
27-12 |
(September 8, 2015) |
Original Committee Reference: L. GOV.
SUMMARY: Requires counties and cities, including charter cities, to create an expedited permitting and inspection process for electric vehicle charging stations.
The Senate amendments:
Limit the effective date of September 30, 2016, to counties and cities with a population of 200,000 or more, and add an effective date of September 30, 2016, for counties and cities with a population of less than 200,000 residents.
Allow counties and cities to establish a process to prioritize competing applications for expedited permits.
Require an application submitted to a county or city that owns and operates an electric utility to demonstrate compliance with the utility's interconnection policies prior to approval.
Delete a requirement that a county or a city, in developing its expedited permitting ordinance pursuant to this bill, substantially conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research. Instead, a county or city may refer to these recommendations when developing its ordinance.
Specify that an electric vehicle charging station shall meet all applicable safety and performance standards established by the Society of Automotive Engineers and the National Electrical Manufacturers Association.
Make minor changes to this bill's findings and declarations.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Bill Summary. This bill requires every county and city to create an expedited permitting and inspection process for electric vehicle (EV) charging stations. The major provisions of this bill:
Limit review of permit applications to health and safety requirements (excluding design review for aesthetic purposes);
Allow a city or county to require a use permit for an EV charging station only if the building official makes a finding, based on substantial evidence, that the EV charging station could have a specific, adverse impact upon the public health and safety; and,
Require specified written findings in order for a city or county to deny a permit application.
This bill also codifies several findings and declarations regarding EV charging stations, including one stating that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of EV charging stations is not a municipal affair, but is instead a matter of statewide concern. Thus, this bill would apply to all cities and counties in California, including charter cities. This bill is author-sponsored.
Author's Statement. According to the author, "In 2012, Governor Brown issued an Executive Order directing relevant state agencies to establish benchmarks to help the State’s zero-emission vehicle infrastructure support 1.5 million Zero Emission Vehicles (ZEV) by 2025. One impediment to the deployment of electric vehicles (EV) charging stations is the lack of certainty and uniformity in the local permitting of EV charging stations.
"Currently, California's EV permitting structure is a patchwork of various regulations and requirements that vary from city to city and county to county. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. Requirements in one jurisdiction and the amount of time it takes to receive a permit can differ drastically from a neighboring jurisdiction even though the same EV charging station is being installed in the same type of commercial building, multi-unit development or single family home. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet the statewide goals."
Background. A November 2014 article by the San Jose Mercury News reports that California has sold more than 100,000 EVs, with Californians purchasing about 40% of all EVs sold in the United States. These sales figures, which are tracked by the California Air Resources Board (CARB), mean that California has more EVs on the road than any other state or country.
The market for EVs is growing stronger every year, according to the California Plug-In Electric Vehicle Collaborative (Collaborative). To support these increasing numbers of EVs, the Collaborative and other key EV stakeholders assert that increasing EV charging infrastructure will allow EV drivers to extend their range of electric miles driven and encourage owners of conventional fuel vehicles to purchase EVs.
California's EV Policies. California has been steadily expanding its policies supporting the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. This was followed by statutes governing the degree of authority Common Interest Developments (CIDs) can exercise over the installation of EV charging infrastructure, and prohibitions against specified membership and fee requirements for the privilege of using an EV charging station.
In 2012, the Governor issued an Executive Order directing CARB, the California Energy Commission, the PUC, and other relevant agencies working with the Collaboration and the Fuel Cell Partnership to develop benchmarks to help support and facilitate the rapid commercialization of ZEVs. The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million EVs by 2025. Furthering this goal, OPR and the State Architect published guidelines to address physical accessibility standards and design guidelines for the installation of EV charging stations throughout California. These guidelines are voluntary and apply to public and private sites.
AB 1092 (Levine), Chapter 410, Statutes of 2013, required the CBSC to adopt mandatory standards for the installation of EV charging infrastructure for parking spaces in newly constructed multifamily dwellings and nonresidential development in the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2014. Those standards are expected to be published in 2016.
Arguments in Support. The California Apartment Association, in support, states, "The installation of electric vehicle charging stations is becoming more and more common in apartment buildings. However, some of the greatest impediments towards increased installation are onerous permitting and approval requirements. By creating an expedited process that reduces unnecessary time and money, property owners are better able to install charging stations and provide a valuable energy-saving resource to tenants."
Arguments in Opposition. The California State Association of Counties and the Urban Counties Caucus, in opposition, write, "This bill would remove necessary discretion for local agencies to appropriately review these projects…(T)he bill would implement a one-size fits all approach mandating cities and counties approve applications for EV charging stations in an 'over the counter' fashion, without recognizing the potential complexity of multiple EV charging stations proposed in a group, nor considering various contexts, both public and private, where the measure would apply…(L)ocal agencies need broader discretion to determine which applications require further review."
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0002073
AB 1236
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1236
Author: Chiu (D) and Low (D), et al.
Amended: 9/2/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 6/17/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
SENATE TRANS. & HOUSING COMMITTEE: 8-0, 7/7/15
AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire, Roth, Wieckowski
NO VOTE RECORDED: Bates, Gaines, Mendoza
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for vote
SUBJECT: Local ordinances: electric vehicle charging stations
DIGEST: This bill requires each city and county to adopt an ordinance to streamline and expedite the permitting process for electric vehicle (EV) charging stations.
Senate Floor Amendments of 9/2/15 add legislative intent provisions consistent with the bill and change a reference to the trade organizations that promulgate EV charging station standards.
Existing law:
Authorizes the legislative body of any city, or county to adopt, ordinances to regulate a variety of purposes, such as the location, height, bulk, number of stories, and size of buildings and structures.
Requires every city and county to adopt an ordinance, by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
Directs relevant state agencies to develop benchmarks to help support and facilitate the rapid commercialization, of Zero Emissions Vehicles (ZEVs). The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million ZEVs by 2025. The Office of Planning and Research (OPR) has developed a “ZEV guidebook” to help local jurisdictions plan for increasing numbers of ZEVs. The guidebook offers a number of tools and templates, including a checklist that guides both permit applicants and building department staff through the process of charging station installation.
Requires every city, or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems. These ordinances must be adopted by September 30, 2015.
Requires an owner of a commercial, or residential property to approve the installation of an EV charging station, if it meets specified requirements and complies with the owner's process for approving a modification to the property and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space.
Allows cities to own and operate electrical utilities.
Establishes the Greenhouse Gas Reduction Fund to provide funding for projects and activities that reduce greenhouse gas emissions.
This bill:
Requires each city, county, and city and county with a population of 200,000 or more residents to develop an ordinance for an expedited, streamlined permitting process for EV charging stations by September 30, 2016.
Requires each city, county and city and county with a population of less than 200,000 residents to develop an ordinance for an expedited, streamlined permitting process for EV charging stations by September 30, 2017.
Requires the streamlined permitting process to include a checklist of requirements for EV charging stations to be eligible for expedited review. If a local agency has a website, it must (a) post the checklist and any required permitting documents online, (b) allow applicants to submit the permit application electronically and (c) allow applicants to sign documents electronically unless it states a reason why it is unable to do so.
Allows local governments to refer to the recommendations for expedited permitting in the most recent version of OPR’s ZEV guidebook. The process may vary to account for unique local conditions including climate, geology, seismology, or topology.
Limits the local agency’s review of the permit application, to whether the application meets all relevant health and safety standards.
Requires approval through the issuance of a building permit, or similar nondiscretionary permit, for any application that meets the requirements of the checklist. If the application doesn’t meet the requirements, the local agency must provide a list of deficiencies to the applicant.
Allows a local agency to require a discretionary use permit for a charging station, if a building official at the agency makes certain findings, including that the proposed installation could have a specific, adverse impact on public health or safety. However, the local agency cannot deny the permit unless it makes findings that there is no way to mitigate the health or safety impacts.
Requires the local agency to consult with local fire agencies and, if applicable, the jurisdiction’s utility director.
Prohibits a local agency from requiring approval by a common interest development (such as a homeowners association) as a condition of a permit.
Allows the decision of the local agency’s building official to be appealed to the agency’s planning commission.
Requires an application for an electric vehicle charging station permit in a city, or county that owns and operates an electrical utility to demonstrate that the application complies with the utility’s interconnection policy.
Requires charging stations to meet standards promulgated by various trade associations, including the Society of Automotive Engineers and the National Electrical Manufacturers Association.
Allows the local agency to establish a process to prioritize competing applications for expedited permits.
Makes findings and declarations, including the Legislature’s intent to remove obstacles to the installation of charging stations, so long as it does not supersede building officials’ ability to address higher priority life-safety situations.
Background
As an alternative to gasoline-based vehicles, California has more EVs and the charging stations necessary to fuel them than any other state in the nation. The state currently has over 137,000 EVs on the roads and nearly 12,000 charging stations to support them, according to the Plug-in Electric Vehicle Collaborative and the U.S. Department of Energy. This represents 43 percent of the electric vehicles and about 22 percent of the charging stations in the country.
Both EVs and charging stations have grown significantly in recent years, due to a rapidly growing list of state policies that support the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers, to manufacture specified percentages of EVs in relation to their production of conventional cars. To further help communities across the state support their residents and businesses in making the switch to ZEVs, OPR created several resources to help achieve the goals in the Governor's Executive Order, including the ZEV guidebook.
According to the ZEV guidebook, local jurisdictions follow several types of permitting processes:
No Permit Necessary. A few jurisdictions have characterized the installation of EV charging equipment, as a minor improvement and do not require a permit.
Permit Required, Online System. Some jurisdictions have invested in online permitting and inspection portals, which reduces the time and paperwork necessary to complete the permit application. The jurisdiction defines what is acceptable to be permitted through the online system.
Permit Required, Over-the-Counter (OTC) with Scope-of-Work Only. This process is similar to the online system, except that the electrical contractor deals directly with a city official noting the type of job being completed. There is no detailed overview of the installation and the permit is obtained immediately.
Permit Required, OTC with Plan Check. Plan check is defined as a technical review of the installation and will typically require additional documentation from the electrician. In these cases, the permit will be obtained only if the official agrees that the documentation shows an acceptable installation, which can add time and cost to the upfront permit application process.
Permit Required, Plan Check. The same technical review occurs, but not immediately. Instead, an official or third-party contractor reviews the documents according to the jurisdiction’s process timeline. It is not uncommon for the timeframe to be a few days to a few weeks.
Because the permitting process can vary from one local agency to another, some businesses and organizations want to standardize and streamline the process for permitting EV charging stations.
Comments
Purpose of the bill. The Legislature and the Governor have made it a priority to reduce air pollution and greenhouse gas emissions in California. Achieving the state’s target of 1.5 million ZEVs by 2025 is a critical step towards both of those goals and developing a system of convenient EV charging stations is essential to promoting and accelerating the adoption of ZEVs. Unfortunately, the number of EV charging stations has not kept pace with the number of EVs purchased in the state. Currently, the permitting process associated with installing EV charging stations varies widely across local agencies. Permitting requirements and the time needed to receive the permit differ drastically across local jurisdictions. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. AB 1236 equalizes the process for permitting across jurisdictions and simplifies the process of installing charging stations. At the same time, AB 1236 also provides local jurisdictions with flexibility in how they permit EV charging stations. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet these statewide goals.
Home rule. As demand for EVs and charging stations grows over time, cities and counties will adopt best practices for EV permitting based on the needs and experiences of their communities. For local agencies that process very few permit requests, it may not make sense to require them to go through the significant effort to develop a checklist and ordinance when demand for charging stations is low.
Too Soon? AB 1236 was modeled very closely upon AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014), which required ordinances for residential rooftop solar installations to be developed by September 30, 2015. Many cities and counties have not yet completed or begun to implement these ordinances. It may make sense to delay action on this legislation until after AB 2188 has been in place for some time, so as to identify any problems with this structure.
Prior Legislation
AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014) requires every city and county to adopt an ordinance by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
American Institute of Architects
American Lung Association in California
California Apartment Association
California League of Conservation Voters
Chargepoint, Inc.
Coalition for Clean Air
Natural Resources Defense Council
NRG Energy, Inc.
Pacific Gas and Electric Company
Plug In America
SacEV
Sierra Club California
Silicon Valley Leadership Group
Stem, Inc.
TechNet
Volta
California Building Industries Association
California Building Officials
California Municipal Utilities Association
California State Association of Counties
City of Burbank
City of San Marcos
League of California Cities
Marin County Council of Mayors and Councilmembers
Urban Counties Caucus
ASSEMBLY FLOOR: 76-0, 5/26/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis
Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
9/3/15 18:30:28
**** END ****
AB 1236
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1236
Author: Chiu (D) and Low (D), et al.
Amended: 8/27/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 6/17/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
SENATE TRANS. & HOUSING COMMITTEE: 8-0, 7/7/15
AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire, Roth, Wieckowski
NO VOTE RECORDED: Bates, Gaines, Mendoza
ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for vote
SUBJECT: Local ordinances: electric vehicle charging stations
DIGEST: This bill requires each city and county to adopt an ordinance to streamline and expedite the permitting process for electric vehicle (EV) charging stations.
Senate Floor Amendments of 8/27/15 require applications for permits to demonstrate compliance with the interconnection policy of the publicly-owned electrical utility, if applicable.
Existing law:
Authorizes the legislative body of any city or county to adopt ordinances to regulate a variety of purposes, such as the location, height, bulk, number of stories, and size of buildings and structures.
Requires every city and county to adopt an ordinance, by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
Directs relevant state agencies to develop benchmarks to help support and facilitate the rapid commercialization of Zero Emissions Vehicles (ZEVs). The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million ZEVs by 2025. The Office of Planning and Research (OPR) has developed a “ZEV guidebook” to help local jurisdictions plan for increasing numbers of ZEVs. The guidebook offers a number of tools and templates, including a checklist that guides both permit applicants and building department staff through the process of charging station installation.
Requires every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems. These ordinances must be adopted by September 30, 2015.
Requires an owner of a commercial or residential property to approve the installation of an EV charging station if it meets specified requirements and complies with the owner's process for approving a modification to the property, and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space.
Allows cities to own and operate electrical utilities.
This bill:
Requires each city, county, and city and county with a population of 200,000 or more residents to develop an ordinance for an expedited, streamlined permitting process for EV charging stations by September 30, 2016.
Requires each city, county, and city and county with a population of less than 200,000 residents to develop an ordinance for an expedited, streamlined permitting process for EV charging stations by September 30, 2017.
Requires the streamlined permitting process to include a checklist of requirements for EV charging stations to be eligible for expedited review. If a local agency has a website, it must (a) post the checklist and any required permitting documents online, (b) allow applicants to submit the permit application electronically, and (c) allow applicants to sign documents electronically unless it states a reason why it is unable to do so.
Allows local governments to reasonably conform their permitting process with recommendations for expedited permitting in the most recent version of OPR’s ZEV guidebook. The process may vary to account for unique local conditions including climate, geology, seismology, or topology.
Limits the local agency’s review of the permit application to whether the application meets all relevant health and safety standards.
Requires approval through the issuance of a building permit or similar nondiscretionary permit for any application that meets the requirements of the checklist. If the application doesn’t meet the requirements, the local agency must provide a list of deficiencies to the applicant.
Allows a local agency to require a discretionary use permit for a charging station if a building official at the agency makes certain findings, including that the proposed installation could have a specific, adverse impact on public health or safety. However, the local agency cannot deny the permit unless it makes findings that there is no way to mitigate the health or safety impacts.
Requires the local agency to consult with local fire agencies and, if applicable, the jurisdiction’s utility director.
Allows the local agency to establish a process to prioritized competing applications for expedited permits.
Prohibits a local agency from requiring approval by a common interest development (such as a homeowners association) as a condition of a permit.
Allows the decision of the local agency’s building official to be appealed to the agency’s planning commission.
Requires an application for an electric vehicle charging station permit in a city or county that owns and operates an electrical utility to demonstrate that the application complies with the utility’s interconnection policy.
Background
As an alternative to gasoline-based vehicles, California has more EVs—and the charging stations necessary to fuel them—than any other state in the nation. The state currently has over 137,000 EVs on the roads and nearly 12,000 charging stations to support them, according to the Plug-in Electric Vehicle Collaborative and the U.S. Department of Energy. This represents 43 percent of the electric vehicles and about 22 percent of the charging stations in the country.
Both EVs and charging stations have grown significantly in recent years, due to a rapidly growing list of state policies that support the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. To further help communities across the state support their residents and businesses in making the switch to ZEVs, OPR created several resources to help achieve the goals in the Governor's Executive Order, including the ZEV guidebook.
According to the ZEV guidebook, local jurisdictions follow several types of permitting processes:
No Permit Necessary. A few jurisdictions have characterized the installation of EV charging equipment as a minor improvement and do not require a permit.
Permit Required, Online System. Some jurisdictions have invested in online permitting and inspection portals, which reduces the time and paperwork necessary to complete the permit application. The jurisdiction defines what is acceptable to be permitted through the online system.
Permit Required, Over-the-Counter (OTC) with Scope-of-Work Only. This process is similar to the online system except that the electrical contractor deals directly with a city official noting the type of job being completed. There is no detailed overview of the installation and the permit is obtained immediately.
Permit Required, OTC with Plan Check. Plan check is defined as a technical review of the installation and will typically require additional documentation from the electrician. In these cases, the permit will be obtained only if the official agrees that the documentation shows an acceptable installation, which can add time and cost to the upfront permit application process.
Permit Required, Plan Check. The same technical review occurs, but not immediately. Instead, an official or third-party contractor reviews the documents according to the jurisdiction’s process timeline. It is not uncommon for the timeframe to be a few days to a few weeks.
Because the permitting process can vary from one local agency to another, some businesses and organizations want to standardize and streamline the process for permitting EV charging stations.
Comments
Purpose of the bill. The Legislature and the Governor have made it a priority to reduce air pollution and greenhouse gas emissions in California. Achieving the state’s target of 1.5 million ZEVs by 2025 is a critical step towards both of those goals, and developing a system of convenient EV charging stations is essential to promoting and accelerating the adoption of ZEVs. Unfortunately, the number of EV charging stations has not kept pace with the number of EVs purchased in the state. Currently, the permitting process associated with installing EV charging stations varies widely across local agencies. Permitting requirements—and the time needed to receive the permit—differ drastically across local jurisdictions. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. AB 1236 equalizes the process for permitting across jurisdictions and simplifies the process of installing charging stations. At the same time, AB 1236 also provides local jurisdictions with flexibility in how they permit EV charging stations. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet these statewide goals.
Home rule. As demand for EVs and charging stations grows over time, cities and counties will adopt best practices for EV permitting based on the needs and experiences of their communities. For local agencies that process very few permit requests, it may not make sense to require them to go through the significant effort to develop a checklist and ordinance when demand for charging stations is low.
Too Soon? AB 1236 was modeled very closely upon AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014), which required ordinances for residential rooftop solar installations to be developed by September 30, 2015. Many cities and counties have not yet completed or begun to implement these ordinances. It may make sense to delay action on this legislation until after AB 2188 has been in place for some time, so as to identify any problems with this structure.
Prior Legislation
AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014) requires every city and county to adopt an ordinance by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
American Institute of Architects
American Lung Association in California
California Apartment Association
California League of Conservation Voters
Chargepoint, Inc.
Coalition for Clean Air
Natural Resources Defense Council
NRG Energy, Inc.
Pacific Gas and Electric Company
Plug In America
SacEV
Sierra Club California
Silicon Valley Leadership Group
Stem, Inc.
TechNet
Volta
OPPOSITION: (Verified 8/19/15)
California Building Industries Association
California Building Officials
California Municipal Utilities Association
California State Association of Counties
City of Burbank
City of San Marcos
League of California Cities
Marin County Council of Mayors and Councilmembers
Urban Counties Caucus
ASSEMBLY FLOOR: 76-0, 5/26/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis
Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
8/31/15 12:47:52
**** END ****
AB 1236
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1236
Author: Chiu (D) and Low (D), et al.
Amended: 8/18/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 6/17/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
SENATE TRANS. & HOUSING COMMITTEE: 8-0, 7/7/15
AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire, Roth, Wieckowski
NO VOTE RECORDED: Bates, Gaines, Mendoza
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for vote
SUBJECT: Local ordinances: electric vehicle charging stations
DIGEST: This bill requires each city and county to adopt an ordinance to streamline and expedite the permitting process for electric vehicle (EV) charging stations.
Existing law:
Authorizes the legislative body of any city or county to adopt ordinances to regulate a variety of purposes, such as the location, height, bulk, number of stories, and size of buildings and structures.
Requires every city and county to adopt an ordinance, by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
Directs relevant state agencies to develop benchmarks to help support and facilitate the rapid commercialization of Zero Emissions Vehicles (ZEVs). The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million ZEVs by 2025. The Office of Planning and Research (OPR) has developed a “ZEV guidebook” to help local jurisdictions plan for increasing numbers of ZEVs. The guidebook offers a number of tools and templates, including a checklist that guides both permit applicants and building department staff through the process of charging station installation.
Requires every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems. These ordinances must be adopted by September 30, 2015.
Requires an owner of a commercial or residential property to approve the installation of an EV charging station if it meets specified requirements and complies with the owner's process for approving a modification to the property, and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space.
This bill:
Requires each city, county, and city and county with a population of 200,000 or more residents to develop an ordinance for an expedited, streamlined permitting process for EV charging stations by September 30, 2016.
Requires each city, county, and city and county with a population of less than 200,000 residents to develop an ordinance for an expedited, streamlined permitting process for EV charging stations by September 30, 2017.
Requires the streamlined permitting process to include a checklist of requirements for EV charging stations to be eligible for expedited review. If a local agency has a website, it must (a) post the checklist and any required permitting documents online, (b) allow applicants to submit the permit application electronically, and (c) allow applicants to sign documents electronically unless it states a reason why it is unable to do so.
Allows local governments to reasonably conform their permitting process with recommendations for expedited permitting in the most recent version of OPR’s ZEV guidebook. The process may vary to account for unique local conditions including climate, geology, seismology, or topology.
Limits the local agency’s review of the permit application to whether the application meets all relevant health and safety standards.
Requires approval through the issuance of a building permit or similar nondiscretionary permit for any application that meets the requirements of the checklist. If the application doesn’t meet the requirements, the local agency must provide a list of deficiencies to the applicant.
Allows a local agency to require a discretionary use permit for a charging station if a building official at the agency makes certain findings, including that the proposed installation could have a specific, adverse impact on public health or safety. However, the local agency cannot deny the permit unless it makes findings that there is no way to mitigate the health or safety impacts.
Requires the local agency to consult with local fire agencies and, if applicable, the jurisdiction’s utility director.
Allows the local agency to establish a process to prioritized competing applications for expedited permits.
Prohibits a local agency from requiring approval by a common interest development (such as a homeowners association) as a condition of a permit.
Allows the decision of the local agency’s building official to be appealed to the agency’s planning commission.
Requires a city or county that owns and operates electric utility services within its service territory to comply with the electric utility interconnection policy.
Background
As an alternative to gasoline-based vehicles, California has more EVs—and the charging stations necessary to fuel them—than any other state in the nation. The state currently has over 137,000 EVs on the roads and nearly 12,000 charging stations to support them, according to the Plug-in Electric Vehicle Collaborative and the U.S. Department of Energy. This represents 43 percent of the electric vehicles and about 22 percent of the charging stations in the country.
Both EVs and charging stations have grown significantly in recent years, due to a rapidly growing list of state policies that support the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. To further help communities across the state support their residents and businesses in making the switch to ZEVs, OPR created several resources to help achieve the goals in the Governor's Executive Order, including the ZEV guidebook.
According to the ZEV guidebook, local jurisdictions follow several types of permitting processes:
No Permit Necessary. A few jurisdictions have characterized the installation of EV charging equipment as a minor improvement and do not require a permit.
Permit Required, Online System. Some jurisdictions have invested in online permitting and inspection portals, which reduces the time and paperwork necessary to complete the permit application. The jurisdiction defines what is acceptable to be permitted through the online system.
Permit Required, Over-the-Counter (OTC) with Scope-of-Work Only. This process is similar to the online system except that the electrical contractor deals directly with a city official noting the type of job being completed. There is no detailed overview of the installation and the permit is obtained immediately.
Permit Required, OTC with Plan Check. Plan check is defined as a technical review of the installation and will typically require additional documentation from the electrician. In these cases, the permit will be obtained only if the official agrees that the documentation shows an acceptable installation, which can add time and cost to the upfront permit application process.
Permit Required, Plan Check. The same technical review occurs, but not immediately. Instead, an official or third-party contractor reviews the documents according to the jurisdiction’s process timeline. It is not uncommon for the timeframe to be a few days to a few weeks.
Because the permitting process can vary from one local agency to another, some businesses and organizations want to standardize and streamline the process for permitting EV charging stations.
Comments
Purpose of the bill. The Legislature and the Governor have made it a priority to reduce air pollution and greenhouse gas emissions in California. Achieving the state’s target of 1.5 million ZEVs by 2025 is a critical step towards both of those goals, and developing a system of convenient EV charging stations is essential to promoting and accelerating the adoption of ZEVs. Unfortunately, the number of EV charging stations has not kept pace with the number of EVs purchased in the state. Currently, the permitting process associated with installing EV charging stations varies widely across local agencies. Permitting requirements—and the time needed to receive the permit—differ drastically across local jurisdictions. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. AB 1236 equalizes the process for permitting across jurisdictions and simplifies the process of installing charging stations. At the same time, AB 1236 also provides local jurisdictions with flexibility in how they permit EV charging stations. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet these statewide goals.
Home rule. As demand for EVs and charging stations grows over time, cities and counties will adopt best practices for EV permitting based on the needs and experiences of their communities. For local agencies that process very few permit requests, it may not make sense to require them to go through the significant effort to develop a checklist and ordinance when demand for charging stations is low.
Too Soon? AB 1236 was modeled very closely upon AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014), which required ordinances for residential rooftop solar installations to be developed by September 30, 2015. Many cities and counties have not yet completed or begun to implement these ordinances. It may make sense to delay action on this legislation until after AB 2188 has been in place for some time, so as to identify any problems with this structure.
Let’s be clear. This bill requires a city or county that operates its own electric service to comply with the electric utility’s interconnection policy. However, this piece of this bill is not restricted to permitting for EV charging stations—instead it potentially covers all actions that a city or county might take. It may make sense to clarify that the expedited permitting process must ensure that EV charging stations comply with the interconnection policy of the electric utility that would serve the charging station.
Prior Legislation
AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014) requires every city and county to adopt an ordinance by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
American Institute of Architects
American Lung Association in California
California Apartment Association
California League of Conservation Voters
Chargepoint, Inc.
Coalition for Clean Air
Natural Resources Defense Council
NRG Energy, Inc.
Pacific Gas and Electric Company
Plug In America
SacEV
Sierra Club California
Silicon Valley Leadership Group
Stem, Inc.
TechNet
Volta
OPPOSITION: (Verified 8/19/15)
California Municipal Utilities Association
California State Association of Counties
City of Burbank
City of San Marcos
League of California Cities
Marin County Council of Mayors and Councilmembers
Urban Counties Caucus
ASSEMBLY FLOOR: 76-0, 5/26/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis
Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
8/19/15 20:34:34
**** END ****
AB 1236 (Chiu) Page 6 of 6
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 1236 Hearing Date: 7/7/2015
Author: |
Chiu |
||
Version: |
4/20/2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Erin Riches |
||
SUBJECT: Local ordinances: electric vehicle charging stations
DIGEST: This bill requires each city and county to adopt an ordinance establishing a streamlined permitting process for electric vehicle charging stations.
ANALYSIS:
Existing law:
Authorizes the legislative body of any city or county to adopt ordinances to regulate a variety of purposes, such as the location, height, bulk, number of stories, and size of buildings and structures.
Requires every city and county to adopt an ordinance, by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
This bill:
Requires a city or county to administratively approve an application to install electric vehicle charging stations through the issuance of a building or similar permit.
Limits review of the application to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. Limits local requirements to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact on public health or safety.
Authorizes a city or county to require the applicant to apply for a use permit if the building official makes a finding, based on substantial evidence, that the proposed installation would have a specific, adverse, impact. Prohibits a city or county from denying an application for a use permit unless it finds that the installation would have a specific, adverse impact which cannot feasibly be mitigated. Allows the applicant to appeal this decision to the local planning commission.
Requires any conditions imposed on an application to install an electric vehicle charging station to be designed to mitigate the impact at the lowest possible cost.
Requires an electric vehicle charging station to meet applicable health and safety standards and requirements imposed by state and local permitting authorities, as well as all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, accredited testing laboratories, and the Public Utilities Commission.
Requires every city or county, in consultation with the local fire department or fire district and the utility director if applicable, to adopt an ordinance by September 30, 2016, to create a streamlined permitting process for electric vehicle charging stations.
Requires the city or county to adopt a checklist of requirements the electric vehicle charging station must meet in order to be eligible for expedited review.
Requires a city or county to approve an application that is complete, defined as meeting all requirements of the checklist. Requires a city or county to issue the permit or authorization for any complete application. Requires a city or county, upon receiving an incomplete application, to issue a written notice detailing the application’s deficiencies and any additional information required in order to be eligible for expedited permit issuance.
Requires the city or county to publish the checklist and required permitting documentation on its website, if it has one, and to allow for electronic submittal of applications and documentation. Requires the city or county to authorize electronic signatures on all forms, applications, and other documentation. Exempts a city or county from this requirement if it is unable to accept electronic signatures.
Requires the city or county ordinance to substantially conform to the recommendations for expedited permitting, including the checklists and standard plans included in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the Governor’s Office of Planning and Research. Authorizes a city or county to modify these checklists and standards pursuant to unique climactic, geological, seismological, or topographical conditions.
Prohibits a city or county from conditioning approval for any electric vehicle charging station permit on the approval of a common-interest development association.
COMMENTS:
Purpose. In 2012, Governor Brown issued an executive order setting a goal of 1.5 million zero-emission vehicles on California roads by 2025. The author states that lack of certainty and uniformity in the local permitting of electric vehicle charging stations, however, poses an impediment to deploying electric vehicle charging stations. The current patchwork of regulations and requirements, which vary from city to city and from county to county, hinders the ability of prospective electric vehicle buyers to understand the administrative burden and cost of installing electric vehicle charging stations before purchasing an electric vehicle. The author states that this bill will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet statewide goals.
A new precedent? AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014) requires every city and county, in consultation with fire and utility officials, to adopt an ordinance by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems. AB 2188 was intended to respond to a Governor’s Office of Planning and Research (OPR) recommendation to streamline the permitting process for solar energy systems to help bring down “soft costs” such as the local agency permitting and inspection process. The author states that this bill is modeled after AB 2188. The California State Association of Counties (CSAC), writing in opposition to this bill, states that both AB 2188 and this bill “establish special treatment for some industries over others.” CSAC also raises concerns that other factors must be considered in the installation of electric vehicle charging stations; for example, questions have arisen regarding accessibility requirements under the Americans with Disabilities Act.
Local control. The League of California Cities (League), writing in opposition to this bill, raises three concerns: this bill imposes costly requirements without providing funding; this bill establishes an expensive electronic submittal process for permitting; and this bill builds upon a bad precedent for tiered levels of public service. The League asks for amendments to provide funding, remove the requirement for a city to adopt an ordinance to implement the new permitting process, and to make implementation contingent upon local demand. The California Municipal Utilities Association (CMUA), also writing in opposition, states that this bill “seeks to impose a ‘one-size-fits-all’ approach … without any consideration of the staffing needs for each city, or whether such permits are better suited for residential customers versus non-residential customers.”
Picking a winner? This bill addresses permitting for electric vehicle charging stations, but does not address infrastructure for other types of clean vehicle technology.
Checklist requirement. This bill requires the city or county ordinance to substantially conform to the recommendations for expedited permitting, including the checklists and standard plans included in the most current version of OPR’s “Plug-In Electric Vehicle Infrastructure Permitting Checklist.” Opponents of this bill have raised concerns that the checklist is not only quite detailed, but was not vetted through a public process. To address these concerns, the author will accept amendments to change “substantially” to “reasonably.”
What’s top priority? CMUA points out that this bill makes it unclear whether electric vehicle charging station permits should take priority over permits issued pursuant to AB 2188. To address this concern, the author will accept amendments authorizing a city or county to set the priorities of competing expedited permits.
Implementation schedule. This bill requires every city or county to adopt a streamlined electric vehicle charging station permitting ordinance by September 30, 2016. Opponents of this bill have raised concerns that it will be very difficult for small cities and counties in particular to comply so quickly. To address this concern, the author will accept amendments to instead require cities and counties with a population of 200,000 or more to comply by September 30, 2016, and cities and counties of less than 200,000 population to comply by September 30, 2017.
Double referred. This bill was approved by the Governance and Finance Committee on June 17, 2015, on a 6-1 vote.
Related Legislation:
AB 2188 (Muratsuchi, Chapter 521, Statutes of 2014) — requires every city and county to adopt an ordinance by September 30, 2015, to streamline and expedite the permitting process for small, residential, rooftop solar energy systems.
AB 2565 (Muratsuchi, Chapter 529, Statutes of 2014) — requires an owner of a commercial or residential property to approve the installation of an electric vehicle charging station if it meets specified requirements and complies with the owner’s process for approving a modification to the property.
SB 1275 (De León, Chapter 530, Statutes of 2014) — establishes the Charge Ahead California Initiative at the state Air Resources Board to provide incentives that increase the availability of zero-emission and near-zero-emission vehicles, particularly in disadvantaged and low- and moderate-income communities.
AB 1092 (Levine, Chapter 410, Statutes of 2013) — requires the state Building Standards Commission to adopt mandatory standards for the installation of electric vehicle charging infrastructure for parking spaces in newly constructed multifamily dwellings and non-residential development in the next triennial edition of the California Building Standards Code.
SB 209 (Corbett, Chapter 121, Statutes of 2011) — provides that a prohibition or restriction on the installation or use of an electrical vehicle charging station in any of the governing documents of a common-interest development is void and unenforceable.
Assembly Votes:
Floor: 76-0
Appr: 15-0
Trans: 16-0
LGov: 8-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
July 1, 2015.)
SUPPORT:
California Apartment Association
Coalition for Clean Air
ChargePoint
League of Conservation Voters
Natural Resources Defense Council
NRG Energy, Inc.
Sierra Club California
Silicon Valley Leadership Group
TechNet
OPPOSITION:
California Municipal Utilities Association
California State Association of Counties
City of Burbank
City of San Marcos
League of California Cities
Marin County Council of Mayors and Councilmembers
Northern California Power Agency
Urban Counties Caucus
-- END --
AB 1236 (Chiu) 4/20/15 Page 5 of 5
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
AB 1236 |
Hearing Date: |
6/17/15 |
Author: |
Chiu |
Tax Levy: |
No |
Version: |
4/20/15 |
Fiscal: |
Yes |
Consultant: |
Favorini-Csorba |
||
LOCAL ORDINANCES: ELECTRIC VEHICLE CHARGING STATIONS.
Requires cities and counties to adopt an ordinance to streamline and expedite the permitting process for electric vehicle charging stations.
Background and Existing Law
As an alternative to gasoline-based vehicles, California has more electric vehicles (EVs)—and the charging stations necessary to fuel them—than any other state in the nation. The state currently has over 137,000 EVs on the roads and nearly 12,000 charging stations to support them, according to the Plug-in Electric Vehicle Collaborative and the US Department of Energy. This represents 43 percent of the electric vehicles and about 22 percent of the charging stations in the country.
Both EVs and charging stations have grown significantly in recent years, due to a rapidly growing list of state policies that support the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. Other key policies recently adopted include:
A 2012 Executive Order issued by the Governor directed relevant state agencies to develop benchmarks to help support and facilitate the rapid commercialization of Zero Emissions Vehicles (ZEVs). The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million ZEVs by 2025. Currently, EVs are the dominant type of ZEVs on the road.
Assembly Bill 1092 (Levine, 2013) required the California Building Standards Commission, to adopt mandatory standards for the installation of EV charging infrastructure for parking spaces in newly constructed multifamily dwellings and nonresidential development in the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2014. Those standards were adopted as part of the Commission’s 2013 intervening code cycle and will go into effect on July 1, 2015.
AB 2188 (Muratsuchi, 2014) required every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems. These ordinances must be adopted by September 30, 2015.
AB 2565 (Muratsuchi, 2014) required an owner of a commercial or residential property to approve the installation of an EV charging station if it meets specified requirements and complies with the owner's process for approving a modification to the property, and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space.
To further help communities across the state support their residents and businesses in making the switch to ZEVs, the Office of Planning and Research (OPR) created several resources to help achieve the goals in the Governor's Executive Order, including a “ZEV guidebook.” The guidebook highlights many aspects of ZEV readiness, including necessary infrastructure, land use permitting guidelines, greening local fleets, and incentives and outreach. It also offers a number of tools and templates, including a checklist that guides both permit applicants and building department staff through the process of charging station installation.
According to the ZEV guidebook, local jurisdictions follow several types of permitting processes:
No Permit Necessary. A few jurisdictions have characterized the installation of EV charging equipment as a minor improvement and do not require a permit.
Permit Required, Online System. Some jurisdictions have invested in online permitting and inspection portals, which reduces the time and paperwork necessary to complete the permit application. The jurisdiction defines what is acceptable to be permitted through the online system.
Permit Required, Over-the-Counter (OTC) with Scope-of-Work Only. This process is similar to the online system except that the electrical contractor deals directly with a city official noting the type of job being completed. There is no detailed overview of the installation and the permit is obtained immediately.
Permit Required, OTC with Plan Check. Plan check is defined as a technical review of the installation and will typically require additional documentation from the electrician. In these cases, the permit will be obtained only if the official agrees that the documentation shows an acceptable installation, which can add time and cost to the upfront permit application process.
Permit Required, Plan Check. The same technical review occurs, but not immediately. Instead, an official or third-party contractor reviews the documents according to the jurisdiction’s process timeline. It is not uncommon for the timeframe to be a few days to a few weeks.
Because the permitting process can vary from one local agency to another, some businesses and organizations want to standardize and streamline the process for permitting EV charging stations.
Proposed Law
Assembly Bill 1236 requires each city, county, and city and county to develop an ordinance for an expedited, streamlined permitting process for EV charging stations by September 30, 2016. The local jurisdiction developing the process must consult with local fire agencies and, if applicable, the jurisdiction’s utility director.
AB 1236 includes a number of requirements that the permitting process must meet. First, it requires the permitting process to substantially conform with the recommendations for expedited permitting in the most recent version of OPR’s ZEV guidebook, although the process may vary to account for unique local conditions including climate, geology, seismology, or topology. The process must also include a checklist of requirements for EV charging stations to be eligible for expedited review (similar to OPR’s EV permitting checklist). If a local agency has a website, it must (1) post the checklist and any required permitting documents online, (2) allow applicants to submit the permit application electronically, and (3) allow applicants to sign documents electronically unless it states a reason why it is unable to do so.
AB 1236 limits the review of the permit application to whether the application meets all relevant health and safety standards. Any application that meets the requirements of the checklist is deemed complete and must be approved through the issuance of a building permit or similar nondiscretionary permit. If the application doesn’t meet the requirements, the local agency must provide a list of deficiencies to the applicant. AB 1236 allows a local agency to require a discretionary use permit for a charging station if a building official at the agency makes certain findings, including that the proposed installation could have a specific, adverse impact on public health or safety. However, the local agency cannot deny the use permit unless it makes findings that there is no way to mitigate the health or safety impacts. AB 1236 further specifies that approval by a common interest development (such as a homeowners association) cannot be a condition of a permit. Finally, the decision of the local agency’s building official can be appealed to the agency’s planning commission.
Comments
1. Purpose of the bill. The Legislature and the Governor have made it a priority to reduce air pollution and greenhouse gas emissions in California. Achieving the state’s target of 1.5 million ZEVs by 2025 is a critical step towards both of those goals, and developing a system of convenient EV charging stations is essential to promoting and accelerating the adoption of ZEVs. Unfortunately, the number of EV charging stations has not kept pace with the number of EVs purchased in the state. Efforts to develop charging stations are currently underway, but barriers still exist in some local jurisdictions. Currently, the permitting process associated with installing EV charging stations varies widely across local agencies. Permitting requirements—and the time needed to receive the permit—differ drastically across local jurisdictions. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. Based on best practices, AB 1236 equalizes the process for permitting across jurisdictions and simplifies the process of installing charging stations. At the same time, AB 1236 also provides local jurisdictions with flexibility in how they permit EV charging stations, through policies such as allowing the adopted ordinances to differ from the checklist due to unique local conditions. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet the statewide goals.
2. Home rule. As demand for EVs and charging stations grows over time, cities and counties will adopt best practices for EV permitting based on the needs and experiences of their communities. Investing the extensive time and effort required to adopt a streamlined process based on best practices can make sense for cities and counties that process hundreds of permits for charging stations each year—and jurisdictions in the Bay Area and Los Angeles County have already done so. But for local agencies that process very few permit requests, it does not make sense to require them to develop a checklist and ordinance when demand for charging stations is low. The Committee may wish to consider whether the state should mandate streamlining for local agencies that are fully empowered to adopt best practices on their own.
3. Unintended Consequences. AB 1236 is not the first bill to require expedited permitting, nor is it likely to be the last. AB 2188 required expedited permitting of residential rooftop solar panels, and SB 251 (Roth), which the Committee heard on May 13, 2015, requires expedited permitting for projects that would remedy accessibility violations. Requiring expedited permitting for multiple types of projects may simply result in average permitting across the board as one expedited permit request displaces another. Furthermore, local building departments may have good reasons for how they prioritize permit applications, such as a need to address life safety issues. Pushing a charging station permit application to the top of the queue could override those decisions. The Committee may wish to consider amendments to either:
Remove the requirement to expedite permitting for EV charging stations, or
Specify the relative priority of permits for EV charging stations, residential rooftop solar, and any other projects that require expedited permitting.
4. Too Soon? AB 1236 was modeled very closely upon AB 2188, which required ordinances for residential rooftop solar installations to be developed by September 30, 2015. Many cities and counties have not yet completed or begun to implement these ordinances. It may make sense to delay action on this legislation until after AB 2188 has been in place for some time, so as to identify any problems with this structure.
5. Related Legislation. SB 578 (Block), which the Committee heard on May 6, 2015, enacts a tax credit for firms that purchase EV charging stations. The credit is equal to 30% of the cost for taxpayers purchasing any Level 2 or direct current fast charging station. The charging station must be placed in service on or after January 1, 2016, and must be depreciable, thereby limiting the credit to business taxpayers. The credit cannot exceed $30,000 per year. SB 578 passed the Committee on a vote of 6-1, but was held under submission in the Senate Appropriations Committee.
6. Charter cities. The California Constitution allows cities that adopt charters to control their own “municipal affairs.” In all other matters, charter cities must follow the general, statewide laws. Because the Constitution doesn’t define “municipal affairs,” the courts determine whether a topic is a municipal affair or whether it’s an issue of statewide concern. AB 1236 includes a legislative finding and declaration that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of EV charging stations is a matter of statewide concern. As such, the bill’s requirements could apply to all cities and counties in California, including charter cities and counties. However, the bill does not specify that it applies to charter cities and counties. The Committee may wish to consider an amendment that makes this explicit.
7. Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. According to the Legislative Counsel’s Office, AB 1236 creates a new state-mandated local program because it increases the duties of local officials. AB 1236 disclaims this liability by stating that no reimbursement is required under the Constitution because local agencies have the authority to levy fees sufficient to cover the cost of the increased services.
Assembly Actions
Assembly Local Government Committee: 8-1
Assembly Transportation Committee: 16-0
Assembly Appropriations Committee: 15-2
Assembly Floor: 76-4
Support and Opposition
(6/11/15)
Support: Charge Point, Inc.; California Apartment Association; Silicon Valley Leadership Group; Sierra Club California; California League of Conservation Voters; Natural Resources Defense Council; Stem, Inc.; Pacific Gas and Electric Company.
Opposition: League of California Cities; California Mutual Utilities Association; California State Association of Counties; Urban Counties Caucus.
-- END --
AB 1236
Page 3
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1236
(Chiu) – As Amended April 20, 2015
Policy Committee: |
Local Government |
Vote: |
8 - 0 |
|
Transportation |
|
16 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill requires counties and cities, including charter cities, to create an expedited permitting and inspection process for electric vehicle charging stations. Specifically, this bill:
Requires local jurisdictions to adopt an ordinance on or before September 30, 2016, that streamlines the permitting process for EV charging stations.
Requires local jurisdictions to publish, on a publicly accessible website, a checklist of all requirements and the required permitting documentation, allow for electronic submittal of a permit application and associated documents, and authorize electronic signatures on all forms.
Requires an EV charging station to meet health and safety standards and requirements imposed by state and local permitting authorities, as well as safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, accredited testing laboratories, and, where applicable, rules of the California Public Utilities Commission (PUC) regarding safety and reliability.
FISCAL EFFECT:
Negligible fiscal impact to the state.
Non-reimbursable costs to cities and counties to streamline their permitting processes for EV charging stations, likely fully offset by fees cities and counties are authorized to charge for these activities.
COMMENTS:
Purpose. According to the author, "Currently, California’s EV permitting structure is a patchwork of various regulations and requirements that vary from city to city and county to county. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. Requirements in one jurisdiction, and the amount of time it takes to receive a permit, can differ drastically from a neighboring jurisdiction even though the same EV charging station is being installed in the same type of commercial building, multi-unit development or single family home. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet the statewide goals."
Background. In 2012, the Governor issued an Executive Order directing CARB, the California Energy Commission, the PUC, and other relevant agencies working with the Collaboration and the Fuel Cell Partnership to develop benchmarks to help support and facilitate the rapid commercialization of ZEVs. The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million EVs by 2025.
Furthering this goal, Governor's Office of Planning and Research and the State Architect published guidelines to address physical accessibility standards and design guidelines for the installation of EV charging stations throughout California. These guidelines are voluntary and apply to public and private sites.
In 2012, the Collaborative issued a report entitled "Streamlining the Permitting and Inspection Process for Plug-in Electric Vehicle Home Charger Installations." Among its specific findings, the report noted that the process for permitting residential EV supply equipment installation varied by jurisdiction but, depending on the voltage of the charging equipment (120V or 240V), some home charging installations can be very straightforward to install. This bill addresses some of the recommendations for EV charger installation permit streamlining contained in the report.
Prior Legislation.
AB 2188 (Muratsuchi), Chapter 521, Statutes of 2014, required every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems.
AB 2565 (Muratsuchi), Chapter 529, Statutes of 2014, required an owner of a commercial or residential property to approve the installation of an EV charging station if it meets specified requirements and complies with the owner's process for approving a modification to the property, and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space.
AB 1092 (Levine), Chapter 410, Statutes of 2013, required the CBSC to include mandatory building standards for the installation of EV charging infrastructure in multifamily dwellings and non-residential development. Those standards are expected to be published in 2016.
SB 880 (Corbett), Chapter 6, Statutes of 2012, specified that the governing documents of a CID may not prohibit the installation of an electric vehicle charging station in an owner’s designated parking space.
SB 209 (Corbett), Chapter 121, Statutes of 2011, provided that a prohibition or restriction on the installation or use of an EV charging station in any of the governing documents of a CID is void and unenforceable.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 1236
Page 4
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1236
(Chiu) – As Amended April 20, 2015
SUBJECT: Local ordinances: electric vehicle charging stations
SUMMARY: Requires local jurisdictions, including charter cities, to create an expedited permitting and inspection process for electric vehicle (EV) charging stations. Specifically, this bill:
Requires local jurisdictions to adopt an ordinance on or before September 30, 2016, that streamlines the permitting process for EV charging stations.
Requires local jurisdictions to develop and publish a checklist and required permitting documentation on a publicly accessible website, allow for electronic submittal of a permit application and associated documents, and authorize electronic signatures on all forms, applications and associated documents.
Requires an EV charging station to meet health and safety standards and requirements imposed by state and local permitting authorizes as well as safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, accredited testing laboratories, and, where applicable, rules of the California Public Utilities Commission regarding safety and reliability.
Defines a variety of terms.
Makes findings and declarations regarding the need for state policies to encourage the installation and use of EV charging stations and consistent statewide standards to achieve their timely and cost-effective installation, and that local jurisdictions should not create unreasonable barriers for their installation
EXISTING LAW:
Provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.
Requires every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems, the provisions of which are nearly identical to this bill.
Prohibits, pursuant to the EV Charging Stations Open Access Act, the charging of a subscription fee on persons desiring to use an EV charging station, as defined, that requires payment of a fee, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified.
Requires the California Building Standards Commission (CBSC) to adopt, approve, codify, and publish mandatory building standards for the installation of future EV charging infrastructure for parking spaces in multifamily dwellings and non-residential development.
Contains a number of provisions governing the installation and use of EV charging stations in common interest developments (CIDs), which generally prohibit undue restrictions by CIDs and homeowners' associations on the installation of EV infrastructure.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, California’s EV permitting structure is a patchwork of various regulations and requirements that vary from city to city and county to county. The author contends that this wide variation in requirements creates uncertainty and makes it difficult for prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. To illustrate his point, the author notes that requirements in one jurisdiction and the amount of time it takes to receive a permit to install an EV charging system can differ drastically from a neighboring jurisdiction even though the same EV charging station is being installed in the same type of commercial building, multi-unit development, or single family home. To address this problem, the author has introduced this bill to create uniform standards across local jurisdictions with respect to permitting EV charging system installation to help lower the costs, expedite permitting, and further expand EV infrastructure to help achieve the state's clean air goals.
In 2013, the Legislature passed AB 1092 (Levine), Chapter 410, Statutes of 2013, that required the CBSC to adopt mandatory standards for the installation of EV charging infrastructure for parking spaces in newly constructed multifamily dwellings and non-residential development in the next triennial edition of the California Building Standards Code adopted after January 1, 2014. Those standards are expected to be published in 2016.
In 2012, the Collaborative issued a report entitled "Streamlining the Permitting and Inspection Process for Plug-in Electric Vehicle Home Charger Installations." In the report, the Collaborative noted that the permitting and inspection process for charging equipment installations is becoming more onerous in some jurisdictions over time. For example, the report noted that some local jurisdictions are increasingly requiring formal plan checks, which increases the time and cost of obtaining a permit. Also, the reported aptly noted that oftentimes, the complexity of the installation was not necessarily correlated to the complexity of the permitting process. Specifically, the report noted that the process for permitting residential EV supply equipment installation varied by jurisdiction but, depending on the voltage of the charging equipment (120V or 240V), some home charging installations can be very straightforward to install. The report made recommendations for EV charger installation permit streamlining that address a number of processing issues that are consistent with AB 1236.
Writing in support of AB 1236, the California Apartment Association, notes that one of the greatest impediments towards increasing installation of EV charging systems has been the onerous permitting and approval requirements. They note that creating an expedited process for permitting that reduces the unnecessary time and money that property owners must expend to be able to get an EV charging station installed will help incentivize widespread adoption of ZEVs. Also writing in support, ChargePoint, Inc. notes that AB 1236 will help lower the cost of EV charger installation and allow for the expansion of this important infrastructure to help California meet its EV goals. They point to several jurisdictions in California that have already developed streamlined permitting requirements as an example of how permitting requirements can be simplified while maintaining important safety protections.
Committee concerns: It is laudable that the author wishes to streamline and expedite the permitting process for EV charging system installation to help make it easier to install much needed supporting infrastructure for these clean air vehicles. Certainly as EVs take a greater share of the vehicle marketplace, the need for installation (and permitting) of EV charging systems will grow, placing an additional permitting burden on local jurisdictions. Consequently, it stands to reason that streamlined processes should be put into place sooner rather than later. Furthermore, there is undoubtedly room in the permit processing procedures of many, if not most, local jurisdictions to improve efficiencies and certainly this bill will further those efforts. It is possible, however that AB 1236 could have the unintended consequence of expediting permit processing at the expense of allowing the local jurisdiction to conduct a careful, thorough review. Additionally, AB 1236 places requirement on all local jurisdictions and does not necessarily take into account that some local jurisdictions (particularly those in remote areas) may not have an imminent need for expedited permit processing procedures if EVs use in those regions is limited.
Previous legislation: AB 2188 (Muratsuchi), Chapter 521, Statutes of 2014, required every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems.
AB 2565 (Muratsuchi), Chapter 529, Statutes of 2014, required an owner of a commercial or residential property to approve the installation of an EV charging station if it meets specified requirements and complies with the owner's process for approving a modification to the property, and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space.
AB 1092 (Levine), Chapter 410, Statutes of 2013, required the CBSC to include mandatory building standards for the installation of EV charging infrastructure in multifamily dwellings and non-residential development.
SB 880 (Corbett), Chapter 6, Statutes of 2012, specified that the governing documents of a CID may not prohibit the installation of an electric vehicle charging station in an owner’s designated parking space.
SB 209 (Corbett), Chapter 121, Statutes of 2011, provided that a prohibition or restriction on the installation or use of an EV charging station in any of the governing documents of a CID is void and unenforceable.
Double referral:
This bill passed out of the Assembly Local Government Committee
on
April 15, 2015, with an 8-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
California Apartment Association
ChargePoint
Stem, Inc.
Opposition
None on file
Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093
AB 1236
Page 9
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1236
(Chiu and Low) – As Introduced February 27, 2015
SUBJECT: Local ordinances: electric vehicle charging stations.
SUMMARY: Requires counties and cities, including charter cities, to create an expedited permitting and inspection process for electric vehicle charging stations. Specifically, this bill:
Requires a city or county to administratively approve an application to install electric vehicle (EV) charging stations through the issuance of a building permit or similar nondiscretionary permit.
Limits review of the application to install an EV charging station to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law.
Limits the requirements of local law to those standards and regulations necessary to ensure that the EV charging station will not have a specific, adverse impact upon the public health or safety.
Allows a city or county to require the applicant to apply for a use permit if the building official of the city or county makes a finding, based on substantial evidence, that the EV charging station could have a specific, adverse impact upon the public health and safety.
Prohibits a city, county, or city and county from denying an application for a use permit to install an EV charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
Allows the decision of the building official pursuant to the above provisions to be appealed to the planning commission of the city, county, or city and county.
Requires any conditions imposed on an application to install an EV charging station to be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.
Requires an EV charging station to meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
Requires an EV charging station to meet all applicable safety and performance standards established by the National Electrical Code (NEC), the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission (PUC) regarding safety and reliability.
Requires, on or before September 30, 2016, every city, county, or city and county, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, to adopt an ordinance, consistent with the goals and intent of this bill, that creates an expedited, streamlined permitting process for EV charging stations.
Requires the city, county, or city and county, in developing an expedited permitting process, to adopt a checklist of all requirements with which EV charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, and city and county, shall be deemed complete.
Requires a city, county, or city and county to approve the application and issue all required permits or authorizations upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, as specified.
Requires, upon receipt of an incomplete application, a city, county, or city and county to issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
Requires the checklist and required permitting documentation to be published on a publically accessible Internet Web site (website), if the city, county, or city and county has a website.
Requires the city, county, or city and county to allow for electronic submital of a permit application and associated documentation, and to authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant.
Requires the city, county, or city and county, in developing the ordinance, to substantially conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” (checklist) of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” (guidebook) published by the Governor’s Office of Planning and Research (OPR).
Allows a city, county, or city and county to adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions.
Provides that, if a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this bill, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
Provides that, for an EV charging station to be eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed in a city, county, or city and county that does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If an EV charging station fails inspection, a subsequent inspection is authorized, however the subsequent inspection shall not be required to conform to the requirements of this bill.
Prohibits a city, county, or city and county from conditioning approval for any EV charging station permit on the approval of an EV charging station by a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
Provides the following definitions:
“A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit;
“Electronic submital” means the utilization of one or more of the following: Email, the Internet, or facsimile;
“EV charging station” or “charging station” means any level of EV supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this bill, and delivers electricity from a source outside an EV into a plug-in EV; and,
“Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Codifies the following findings and declarations:
The implementation of consistent statewide standards to achieve the timely and cost-effective installation of EV charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern;
It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of EV charging stations, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install EV charging stations;
It is the policy of the state to promote and encourage the use of EV charging stations and to limit obstacles to their use; and,
It is the intent of the Legislature that local agencies comply not only with the language
of this bill, but also the legislative intent to encourage the installation of EV charging stations by removing obstacles to, and minimizing costs of, permitting for such charging stations.
Provides that no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
EXISTING LAW:
Provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.
Requires every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems, the provisions of which are nearly identical to this bill.
Prohibits, pursuant to the EV Charging Stations Open Access Act, the charging of a subscription fee on persons desiring to use an EV charging station, as defined, that requires payment of a fee, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified.
Provides that the California Building Standards Commission (CBSC) shall adopt, approve, codify, and publish mandatory building standards for the installation of future EV charging infrastructure for parking spaces in multifamily dwellings and nonresidential development.
Contains a number of provisions governing the installation and use of EV charging stations in common interest developments (CIDs), which generally prohibit undue restrictions by CIDs and homeowners' associations (HOAs) on the installation of EV infrastructure.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
Bill Summary. This bill requires every city and county to create an expedited permitting and inspection process for EV charging stations. The major provisions of this bill:
Require only one inspection, which must be done "in a timely manner," of an EV charging station that is eligible for expedited review;
Limit review of permit applications to health and safety requirements (excluding design review for aesthetic purposes);
Allow a city or county to require a use permit for an EV charging station only if the building official makes a finding, based on substantial evidence, that the EV charging station could have a specific, adverse impact upon the public health and safety; and,
Require specified written findings in order for a city or county to deny a permit application.
This bill also codifies several findings and declarations regarding EV charging stations, including one stating that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of EV charging stations is not a municipal affair, but is instead a matter of statewide concern. Thus, this bill would apply to all cities and counties in California, including charter cities. This bill is author-sponsored.
Author's Statement. According to the author, "In 2012, Governor Brown issued an Executive Order directing relevant state agencies to establish benchmarks to help the State’s zero-emission vehicle infrastructure support 1.5 million Zero Emission Vehicles (ZEV) by 2025. One impediment to the deployment of electric vehicles (EV) charging stations is the lack of certainty and uniformity in the local permitting of EV charging stations.
"Currently, California’s EV permitting structure is a patchwork of various regulations and requirements that vary from city to city and county to county. This results in uncertainty and hinders the ability of prospective EV buyers to understand the administrative burden and the cost of installing EV charging stations before purchasing an EV. Requirements in one jurisdiction and the amount of time it takes to receive a permit can differ drastically from a neighboring jurisdiction even though the same EV charging station is being installed in the same type of commercial building, multi-unit development or single family home. AB 1236 will help lower the cost of installation, expedite permitting, and further expand the infrastructure needed to meet the statewide goals."
Background. A November 2014 article by the San Jose Mercury News reports that California has sold more than 100,000 EVs, with Californians purchasing about 40% of all EVs sold in the United States. These sales figures, which are tracked by the California Air Resources Board (CARB), mean that California has more EVs on the road than any other state or country.
The market for EVs is growing stronger every year, according to the California Plug-In Electric Vehicle Collaborative (Collaborative). To support these increasing numbers of EVs, the Collaborative and other key EV stakeholders assert that increasing EV charging infrastructure will allow EV drivers to extend their range of electric miles driven and encourage owners of conventional fuel vehicles to purchase EVs.
California's EV Policies. California has been steadily expanding its policies supporting the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. This was followed by statutes governing the degree of authority CIDs can exercise over the installation of EV charging infrastructure, and prohibitions against specified membership and fee requirements for the privilege of using an EV charging station.
In 2012, the Governor issued an Executive Order directing CARB, the California Energy Commission, the PUC, and other relevant agencies working with the Collaboration and the Fuel Cell Partnership to develop benchmarks to help support and facilitate the rapid commercialization of ZEVs. The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million EVs by 2025.
Furthering this goal, OPR and the State Architect published guidelines to address physical accessibility standards and design guidelines for the installation of EV charging stations throughout California. These guidelines are voluntary and apply to public and private sites.
AB 1092 (Levine), Chapter 410, Statutes of 2013, required the CBSC to adopt mandatory standards for the installation of EV charging infrastructure for parking spaces in newly constructed multifamily dwellings and nonresidential development in the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2014. Those standards are expected to be published in 2016.
Local Permitting Practices. According to "Streamlining the Permitting and Inspection Process for Plug-in Electric Vehicle Home Charger Installations," a 2012 report by the Collaborative, "the permitting and inspection process for charging equipment installations is becoming more onerous in some jurisdictions over time. For example, it appears that local jurisdictions are increasingly requiring formal plan checks, which increase the cost of the permit and the time to issue the permit. Furthermore, the complexity of the installation does not necessarily correlate to the complexity of the permitting process."
The report notes that the process for permitting residential EV supply equipment (EVSE) installation varies by jurisdiction. Depending on the voltage of the charging equipment (120V or 240V), some home charging installations can be very straightforward. However, when the installation is more complex, or when the permitting process is complicated by differences in adjacent jurisdictions or within the same jurisdiction (a potential problem when individual staff members have varying familiarity and experience with EV charging installation rules) the different approaches directly and adversely impact the cost, timing, and customer’s experience.
Local jurisdictions follow several types of permitting processes:
No Permit Necessary – A few jurisdictions have characterized the installation of EV charging equipment as a minor improvement and do not require a permit. The details may vary based on the type of circuit being installed or the training and experience of a specific electrical contractor;
Permit Required, Online System – Some jurisdictions have invested in online permitting and inspection portals. The jurisdiction defines what is acceptable to be permitted through the online system. As a result, the upfront paperwork and time to complete the necessary permit application is reduced. This places the responsibility on both the electrician and electrical inspector to understand what scopes of work are acceptable for online submittal;
Permit Required, Over-the-Counter (OTC) with Scope-of-Work Only – This process is similar to the online system except that the electrical contractor deals directly with a city official noting the type of job being completed. There is no detailed overview of the installation and the permit is obtained immediately. The city inspector, after the installation is completed, takes the responsibility of ensuring that the installation has been completed properly;
Permit Required, OTC with Plan Check – Plan check is defined as a technical review of the installation and will typically require additional documentation from the electrician. For example, depending on the jurisdiction, a general or detailed site plan, line drawing (wiring diagram), equipment specification sheet, and/or load calculation may be requested. There are jurisdictions that publish a specific EV Installation Checklist to determine what documentation will be necessary during the plan check. The city official at the counter will review these documents to ensure that the installation will meet requirements. In these cases, the permit will be obtained only if the official agrees that the documentation shows an acceptable installation. While adding time and cost to the upfront permit application process, plan checks are intended to speed up the actual onsite inspection time because an inspector will have documents that can be compared to the actual installation; or,
Permit Required, Plan Check – The same technical review occurs, but not immediately. Instead, an official or third-party contractor reviews the documents according to the jurisdiction’s process timeline. It is not uncommon for the timeframe to be a few days to a few weeks.
The report issued the following recommendations:
Establish a unique EVSE permit application for EV charging equipment;
Adopt a permit process that is online (if available) or OTC;
Create simple, template-based forms for electricians and residents. If a review of the installation information is required, completed forms should be required at the time of the inspection;
Establish a unique EVSE permit fee which is comparable to 240V circuit installations;
Avoid requiring electrician attendance during the inspection; and,
Develop an outreach and training program for internal and external stakeholders. Include relevant staff and key departments in all training and outreach efforts involving EVs and EV charging.
The report also acknowledged that, "While it might be tempting to characterize current learning as 'best practices,' it must be acknowledged that the industry is only taking its first steps toward widespread adoption of (EVs) and (EV) charging. Over time, all stakeholders, (EV) owners included, will become more familiar with and effective at completing the home charging installation process. Therefore, it is strongly encouraged when implementing any recommendation in the near term that approaches remain flexible and adaptive to accommodate future learning."
OPR's EV Permitting Checklist. In cooperation with stakeholders across California, OPR created several resources to help achieve the goals in the Governor's Executive Order, including the OPR guidebook. The purpose of the guidebook is to help communities across the state support their residents and businesses in making the switch to ZEVs. It highlights many aspects of ZEV readiness, including necessary infrastructure, planning and zoning, permitting guidelines, greening local fleets and encouraging consumers through incentives and outreach. It also offers a number of tools and templates, including the OPR checklist created by Collaborative.
According to the checklist, "Once a local government decides what information to require in an electric vehicle supply equipment (EVSE) permit application, it is a best practice to combine requirements and guidance into a single document that can guide plug-in electric vehicle owners through the process. This document should contain information on the conditions under which an EVSE permit is required, EVSE permit application requirements, the number and type (e.g., pre-installation, post-installation) of inspections required and applicable codes and guidance regarding EVSE installation."
The checklist delineates the permitting process into six phases: Pre-Work Contractor; Pre-Work Customer; On-Site Evaluation; On-Site Survey; Contractor Installation Preparation; Installation; and, Inspection. The Inspection phase recommends the following (emphasis added):
An initial electrical inspection by applicable building, fire, environmental and electrical authorities after conduit has been run and prior to connecting equipment and running wires; if necessary, the contractor should correct any issues and schedule a second rough inspection; and,
If required, the inspector will perform a final inspection to ensure compliance with NEC and other codes adopted within the jurisdiction by inspecting wiring, connections, mounting and finish work.
Policy Considerations. This bill specifies that, for an EV charging station to be eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed in a jurisdiction that does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the authority. This bill also requires a city or county, in developing its expedited permitting ordinance pursuant to this bill, to substantially conform its expedited permitting process with the recommendations for expedited permitting in the most current version of the OPR guidebook, which recommends more than one inspection under certain conditions. The Committee may wish to consider whether these provisions of this bill present conflicting requirements for cities and counties.
Technical Amendments. The Committee may wish to adopt the following technical amendments:
Delete references to "city or county" and replace with "city, county, or city and county"
Delete references to "submital" and replace with "submittal"
Delete references to "public health and safety" and replace with "public health or safety"
Delete references to "National Electrical Code" and replace with "California Electrical Code"
Prior Legislation. AB 2188 (Muratsuchi), Chapter 521, Statutes of 2014, required every city or county to adopt an ordinance that creates an expedited permitting process for small, residential rooftop solar energy systems.
AB 2565 (Muratsuchi), Chapter 529, Statutes of 2014, required an owner of a commercial or residential property to approve the installation of an EV charging station if it meets specified requirements and complies with the owner's process for approving a modification to the property, and made a term in a lease of a commercial property executed, renewed, or extended on or after January 1, 2015, void and unenforceable if it prohibits or unreasonably restricts the installation of an EV charging station in a parking space.
AB 1092 (Levine), Chapter 410, Statutes of 2013, required the CBSC to include mandatory building standards for the installation of EV charging infrastructure in multifamily dwellings and non-residential development.
SB 880 (Corbett), Chapter 6, Statutes of 2012, specified that the governing documents of a CID may not prohibit the installation of an electric vehicle charging station in an owner’s designated parking space.
SB 209 (Corbett), Chapter 121, Statutes of 2011, provided that a prohibition or restriction on the installation or use of an EV charging station in any of the governing documents of a CID is void and unenforceable.
Arguments in Support. The California Apartment Association, in support, states, "The installation of electric vehicle charging stations is becoming more and more common in apartment buildings. However, some of the greatest impediments towards increased installation are onerous permitting and approval requirements. By creating an expedited process that reduces unnecessary time and money, property owners are better able to install charging stations and provide a valuable energy-saving resource to tenants."
Arguments in Opposition. None on file.
Double-Referral. This bill is double-referred to the Transportation Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Apartment Association
ChargePoint
Stem, Inc.
Opposition
None on file
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958
Discussed in Hearing
Assembly Floor
Senate Floor
Senate Standing Committee on Transportation and Housing
Assembly Standing Committee on Transportation
Assembly Standing Committee on Local Government
Bill Author
Bill Co-Author(s):