(1)Existing law authorizes a local authority, by ordinance or resolution, to designate stalls or spaces in an offstreet parking facility owned or operated by that local authority for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Existing law also authorizes the removal of a vehicle from an offstreet parking facility if the vehicle is not connected for electric charging purposes. Existing law makes it a crime for a person to park or leave a vehicle in a stall or space designated for electric parking purposes unless the vehicle is connected for those purposes.

This bill would authorize a local authority, by ordinance or resolution, to designate stalls or spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. The bill would also authorize the removal of a vehicle from a designated stall or space on a public street if the vehicle is not connected for electric charging purposes, under specified conditions. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law authorizes a local authority, by ordinance or resolution, to designate stalls or spaces in an offstreet parking facility owned or operated by that local authority for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Existing law also authorizes the removal of a vehicle from an offstreet parking facility if the vehicle is not connected for electric charging purposes. Existing law makes it a crime for a person to park or leave a vehicle in a stall or space designated for electric parking purposes unless the vehicle is connected for those purposes.

This bill would authorize a local authority, by ordinance or resolution, to designate stalls or spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. The bill would also authorize the removal of a vehicle from a designated stall or space on a public street if the vehicle is not connected for electric charging purposes, under specified conditions. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law authorizes a local authority, by ordinance or resolution, to designate stalls or spaces in an offstreet parking facility owned or operated by that local authority for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Existing law also authorizes the removal of a vehicle from an offstreet parking facility if the vehicle is not connected for electric charging purposes. Existing law makes it a crime for a person to park or leave a vehicle in a stall or space designated for electric parking purposes unless the vehicle is connected for those purposes.

This bill would authorize a local authority, by ordinance or resolution, to designate stalls or spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. The bill would also authorize the removal of a vehicle from a designated stall or space on a public street if the vehicle is not connected for electric charging purposes, under specified conditions. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law authorizes a local authority, by ordinance or resolution, to designate stalls or spaces in an offstreet parking facility owned or operated by that local authority for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Existing law also authorizes the removal of a vehicle from an offstreet parking facility if the vehicle is not connected for electric charging purposes. Existing law makes it a crime for a person to park or leave a vehicle in a stall or space designated for electric parking purposes unless the vehicle is connected for those purposes.

This bill would authorize a local authority, by ordinance or resolution, to designate stalls or spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. The bill would also authorize the removal of a vehicle from a designated stall or space on a public street if the vehicle is not connected for electric charging purposes, under specified conditions. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(2)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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1452

Author:(Muratsuchi)

As Amended Ver:July 17, 2017

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Authorizes local jurisdictions to designate on-street parking for the exclusive use of electric vehicle (EV) charging.

The Senate amendments make technical and non-substantive changes.

AS PASSED BY THE ASSEMBLY, this bill:

1. Authorized a local jurisdiction, by ordinance or resolution, to designate on-street parking spaces for the exclusive purpose of EV charging provided the vehicle is connected for electric charging purpose and that specified requirements are posted.
2. Authorized the removal of a vehicle parked in a designated on-street EV parking space if the vehicle does not meet specified requirements.
3. Required that the posting required for on-street EV parking be consistent with the California Manual of Uniform Traffic Control Devices dated January 1, 2017.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: In 2006, AB 32 (Núñez), Chapter 488, established California's aggressive goal of reducing greenhouse gas (GHG) emissions to 1990 levels by 2020, and just last year, SB 32 (Pavley), Chapter 249, Statutes of 2016, was passed, "doubling down" on that goal calling for GHG emissions to be reduced 40% below 1990 levels by the year 2030. Given that California's transportation sector produces nearly 40% of the state's GHG emissions, due primarily to the state's 25 million passenger vehicles, California's success in meeting its lofty GHG reduction goals will rely heavily on reducing passenger vehicle emissions.

To help address passenger fleet emissions, ARB and the California Energy Commission have instituted a number of regulatory and incentive programs designed to encourage the purchase and use of alternatively fueled vehicles as well and creating a network of alternative fueling infrastructure that relies heavily on the installation of EV charging systems. These efforts have resulted in a number of programs to incentivize the purchase and use of EVs as well as to encourage more widespread installation of EV charging infrastructure across the state.

According to the United States Department of Energy, EV owners do more than 80% of their charging at home, supplementing with workplace and public charging when it is available and accessible. Many EV drivers report that the lack of available public and workplace EV charging infrastructure keeps them from using the vehicle more often and for longer trips. To help address this need with respect to off-street parking, the Legislature passed, and Governor Brown signed, AB 475 (Butler), Chapter 274, Statutes of 2011, that ensured the exclusive EV parking could be provided in off-street parking facilities to ensure improved access to EV charging infrastructure.

As many municipalities in California and across the nation, look to increase the number of available EV charging systems, many cities have begun installing EV charging systems on city streets. As with off-street garages, however, it is important that EVs have priority access to these spaces. For this reason, the author has introduced this bill which would authorize local jurisdictions, by ordinance or resolution, to dedicate on-street parking spaces for the exclusive use of EVs while they are charging, provided appropriate signage is installed. By introducing this bill, the author seeks to ensure that on-street EV charging facilities remain accessible for EV charging and in doing so, will help California achieve its emission reduction and clean air goals.

Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0001584

 THIRD READING  

Bill No: AB 1452

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 10-3, 6/13/17

AYES: Beall, Cannella, Allen, Atkins, McGuire, Mendoza, Roth, Skinner, Wieckowski, Wiener

NOES: Bates, Gaines, Morrell

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 51-22, 5/1/17 - See last page for vote

SUBJECT:

SOURCE: Los Angeles Mayor Eric Garcetti

DIGEST:

This bill authorizes a local authority to designate parking spots on public streets for the exclusive purpose of charging and parking an electric vehicle (EV).

Senate Floor Amendments of 7/17/17 remove the version date in the reference to the California Manual of Uniform Traffic Control Devices in order to ensure that the bill’s provisions do not become obsolete if a new version of the Manual is published.

ANALYSIS:

Existing law:

1. Authorizes a local authority or an off-street parking facility to designate spaces in an off-street parking facility for the exclusive purpose of charging and parking an EV.
2. Authorizes a local authority or off-street parking facility to have a vehicle towed that is unlawfully parked in a space designated for EVs, if a specified notice is posted.
3. Requires the posting relating to EV spaces in an off-street parking facility to consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height that clearly and conspicuously states that “Unauthorized vehicles not connected for electric charging purposes will be towed away at owner’s expense,” with information on where to go or call to reclaim the vehicle. Requires the sign to be posted adjacent to and visible from the space or in a conspicuous place at each entrance to the facility.

This bill:

1. Authorizes a local authority, by ordinance or resolution, to designate parking spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking an EV.
2. Authorizes a local authority to have a vehicle that is unlawfully parked in a space designated for EVs, towed to the nearest garage that is owned, leased, or approved for use by a public agency, if a specified notice is posted.
3. Provides that the posting required for spaces designated for EVs on a public street shall follow the California Manual of Uniform Traffic Control Devices.

Comments

1. Purpose. The author states that while local authorities are currently authorized to designate spaces in off-street parking facilities or lots for EV charging, this bill will extend that authority to on-street parking. By expanding access to charging stations on our city streets, we can promote expanded use of clean energy vehicles and put California one step closer to meeting statewide greenhouse gas (GHG) emission reduction goals.
2. State GHG emission reduction and EV goals. AB 32 (Nunez and Pavley, Chapter 488, Statutes of 2006) set a goal of reducing statewide GHG emissions to 1990 levels by 2020. Executive Order B-30-2015, issued by the Governor in 2015, set a target of reducing GHG emissions to 80% below 1990 levels by 2050, with an interim target of 40% below 1990 levels by 2030. SB 32 (Pavley, Chapter 249, Statutes of 2016) codified the 2030 GHG emissions reduction target. One of the ways the state is working to achieve these reductions is through multiple policy goals, initiatives, and programs to help increase the number of EVs on California’s roads, including:
   1. Executive Order B-16-2012, issued by Governor Brown in March 2012, sets a target of one million zero-emission vehicles (ZEVs) on California’s roads by 2020 and 1.5 million by 2025. The ZEV Regulation (commonly known as the ZEV mandate) requires large-volume and intermediate-volume vehicle manufacturers that sell cars in California to produce ZEVS, clean plug-in hybrids, clean hybrids, and clean gasoline engine vehicles with near-zero tailpipe emissions. In general, the ZEV regulation requires that ZEVs comprise 15% of new car sales by 2025. This target is intended to achieve the goal set by the 2012 Executive Order.
   2. SB 1275 (De Leon, Chapter 530, Statutes of 2014) established the Charge Ahead Initiative at the state Air Resources Board to provide incentives to increase the availability of ZEVs and near-ZEVs, particularly in disadvantaged low-and moderate-income communities. SB 1275 also set a target of one million ZEVs and near-ZEVs on California’s roads by January 1, 2023.
   3. SB 350 (De Leon, Chapter 547, Statutes of 2016) established a statewide policy of widespread electrification of transportation sector.
   4. Numerous programs under multiple state agencies provide incentives and establish requirements for EV charging infrastructure. In addition, several programs, such as the Clean Vehicle Rebate Project and the Clean Air Vehicle Program, provide incentives and rebates for the purchase or lease of EVs. These compliment a federal income tax credit of up to $7,500 for plug-in electric vehicles.
3. Increasing access to EV charging. Currently, the majority of EV drivers charge their vehicles at home, though some have access to workplace charging. To help encourage more people to purchase EVs, many cities in California are establishing charging stations at both on-street and off-street locations. For example, Sacramento offers free parking for EVs in many downtown garages, including some spots with charging stations. San Diego has 57 EV charging stations at 15 locations throughout the city. Los Angeles, as part of its second annual “Sustainability Plan,” is proposing to install more than 1,000 EV charging stations on public streets. Mayor Eric Garcetti, sponsor of this bill, states that widely available EV charging stations on public streets will help eliminate one of the main obstacles to EV adoption and help Los Angeles comply with state-mandated climate change goals.
4. How expensive would a violation be? Existing law prohibits parking in an off-street space designated for EVs (including hybrid EVs) unless the vehicle is connected for electric charging purposes, with a violation punishable by a $100 fine. The Senate Transportation and Housing Committee (committee) understands that parking a non-EV in a space designated for EVs under this bill would carry the same fine. In addition, this bill, like existing law, allows a non-EV that parks in an EV space to be towed, which would result in additional fines.
5. Can’t locals do this now? Existing law authorizes a local authority to adopt an ordinance related to parking programs within its jurisdiction, such as programs that provide free parking in metered areas or municipal garages for EVs. Thus, a local authority could designate on-street parking exclusively for EVs under existing law. However, the committee understands that existing law would not allow a local authority to assess parking fines for parking illegally in those spaces, or cause illegally parked vehicles to be towed.
6. A question of fairness? Although there are currently hundreds of thousands of EVs on California’s roads, they still represent a small minority of all light-duty vehicles in the state. By allowing local authorities to designate parking exclusively for EVs, this bill provides a tool to encourage more people to purchase (or lease) and drive EVs. On the other hand, restricting a share of parking spaces to a small group of vehicles could exacerbate parking issues in congested urban areas. This bill, however, does not require a local authority to designate on-street parking for EVs; it merely authorizes such an action. Nor does the bill require a certain number or percentage of parking spaces to be designated for EVs. If a local authority does want to designate a portion of on-street parking for EVs only, this bill requires it to do so by ordinance or resolution. Such an action must occur in open session pursuant to the Ralph M. Brown Act, which provides opportunity for public comment. Moving forward, the author may wish to consider imposing a limit on the share of on-street parking spaces that a local authority may designate exclusively for EVs.

Related/Prior Legislation

AB 2565 (Muratsuchi, Chapter 529, Statutes of 2014) required landlords to approve a tenant request to install an EV charging station at his or her allotted parking space, as specified.

AB 1092 (Levine, Chapter 410, Statutes of 2013) required the state Building Standards Commission, as part of the next building code adoption cycle, to include mandatory building standards for the installation of EV charging infrastructure in multifamily dwellings and non-residential development.

AB 475 (Butler, Chapter 274, Statutes of 2011) allowed local authorities and owners of off-street parking facilities to designate stalls for the exclusive purpose of charging and parking an EV, including a hybrid EV.

AB 1314 (Havice, Chapter 640, Statutes of 2002) allowed local authorities and parking garage operators to designate spaces for the exclusive use of zero-emission vehicles and authorizes towing of vehicles and levying of fines for violations of such parking restrictions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/18/17)

Los Angeles Mayor Eric Garcetti (source)

California Electric Transportation Coalition

ChargePoint

City of Sacramento

Southern California Edison

OPPOSITION: (Verified 7/18/17)

None received

ARGUMENTS IN SUPPORT: Los Angeles Mayor Eric Garcetti, sponsor of this bill, states that widely available EV charging stations on public streets will help eliminate one of the main obstacles to EV adoption and help Los Angeles comply with state-mandated climate change goals.

ASSEMBLY FLOOR: 51-22, 5/1/17

AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Arambula, Baker, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Gallagher, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Dahle, Eggman, Flora, Fong, Gray, Patterson, Ridley-Thomas

Prepared by:

7/19/17 16:26:50

**** END ****

 THIRD READING  

Bill No: AB 1452

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 10-3, 6/13/17

AYES: Beall, Cannella, Allen, Atkins, McGuire, Mendoza, Roth, Skinner, Wieckowski, Wiener

NOES: Bates, Gaines, Morrell

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 51-22, 5/1/17 - See last page for vote

SUBJECT:

SOURCE: Los Angeles Mayor Eric Garcetti

DIGEST:

This bill authorizes a local authority to designate parking spots on public streets for the exclusive purpose of charging and parking an electric vehicle (EV).

ANALYSIS:

Existing law:

1. Authorizes a local authority or an off-street parking facility to designate spaces in an off-street parking facility for the exclusive purpose of charging and parking an EV.
2. Authorizes a local authority or off-street parking facility to have a vehicle towed that is unlawfully parked in a space designated for EVs, if a specified notice is posted.
3. Requires the posting relating to EV spaces in an off-street parking facility to consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height that clearly and conspicuously states that “Unauthorized vehicles not connected for electric charging purposes will be towed away at owner’s expense,” with information on where to go or call to reclaim the vehicle. Requires the sign to be posted adjacent to and visible from the space or in a conspicuous place at each entrance to the facility.

This bill:

1. Authorizes a local authority, by ordinance or resolution, to designate parking spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking an EV.
2. Authorizes a local authority to have a vehicle that is unlawfully parked in a space designated for EVs, towed to the nearest garage that is owned, leased, or approved for use by a public agency, if a specified notice is posted.
3. Provides that the posting required for spaces designated for EVs on a public street shall follow the California Manual of Uniform Traffic Control Devices, in effect on January 1, 2017.

Comments

1. Purpose. The author states that while local authorities are currently authorized to designate spaces in off-street parking facilities or lots for EV charging, this bill will extend that authority to on-street parking. By expanding access to charging stations on our city streets, we can promote expanded use of clean energy vehicles and put California one step closer to meeting statewide greenhouse gas (GHG) emission reduction goals.
2. State GHG emission reduction and EV goals. AB 32 (Nunez and Pavley, Chapter 488, Statutes of 2006) set a goal of reducing statewide GHG emissions to 1990 levels by 2020. Executive Order B-30-2015, issued by the Governor in 2015, set a target of reducing GHG emissions to 80% below 1990 levels by 2050, with an interim target of 40% below 1990 levels by 2030. SB 32 (Pavley, Chapter 249, Statutes of 2016) codified the 2030 GHG emissions reduction target. One of the ways the state is working to achieve these reductions is through multiple policy goals, initiatives, and programs to help increase the number of EVs on California’s roads, including:
   1. Executive Order B-16-2012, issued by Governor Brown in March 2012, sets a target of one million zero-emission vehicles (ZEVs) on California’s roads by 2020 and 1.5 million by 2025. The ZEV Regulation (commonly known as the ZEV mandate) requires large-volume and intermediate-volume vehicle manufacturers that sell cars in California to produce ZEVS, clean plug-in hybrids, clean hybrids, and clean gasoline engine vehicles with near-zero tailpipe emissions. In general, the ZEV regulation requires that ZEVs comprise 15% of new car sales by 2025. This target is intended to achieve the goal set by the 2012 Executive Order.
   2. SB 1275 (De Leon, Chapter 530, Statutes of 2014) established the Charge Ahead Initiative at the state Air Resources Board to provide incentives to increase the availability of ZEVs and near-ZEVs, particularly in disadvantaged low-and moderate-income communities. SB 1275 also set a target of one million ZEVs and near-ZEVs on California’s roads by January 1, 2023.
   3. SB 350 (De Leon, Chapter 547, Statutes of 2016) established a statewide policy of widespread electrification of transportation sector.
   4. Numerous programs under multiple state agencies provide incentives and establish requirements for EV charging infrastructure. In addition, several programs, such as the Clean Vehicle Rebate Project and the Clean Air Vehicle Program, provide incentives and rebates for the purchase or lease of EVs. These compliment a federal income tax credit of up to $7,500 for plug-in electric vehicles.
3. Increasing access to EV charging. Currently, the majority of EV drivers charge their vehicles at home, though some have access to workplace charging. To help encourage more people to purchase EVs, many cities in California are establishing charging stations at both on-street and off-street locations. For example, Sacramento offers free parking for EVs in many downtown garages, including some spots with charging stations. San Diego has 57 EV charging stations at 15 locations throughout the city. Los Angeles, as part of its second annual “Sustainability Plan,” is proposing to install more than 1,000 EV charging stations on public streets. Mayor Eric Garcetti, sponsor of this bill, states that widely available EV charging stations on public streets will help eliminate one of the main obstacles to EV adoption and help Los Angeles comply with state-mandated climate change goals.
4. How expensive would a violation be? Existing law prohibits parking in an off-street space designated for EVs (including hybrid EVs) unless the vehicle is connected for electric charging purposes, with a violation punishable by a $100 fine. The Senate Transportation and Housing Committee (committee) understands that parking a non-EV in a space designated for EVs under this bill would carry the same fine. In addition, this bill, like existing law, allows a non-EV that parks in an EV space to be towed, which would result in additional fines.
5. Can’t locals do this now? Existing law authorizes a local authority to adopt an ordinance related to parking programs within its jurisdiction, such as programs that provide free parking in metered areas or municipal garages for EVs. Thus, a local authority could designate on-street parking exclusively for EVs under existing law. However, the committee understands that existing law would not allow a local authority to assess parking fines for parking illegally in those spaces, or cause illegally parked vehicles to be towed.
6. A question of fairness? Although there are currently hundreds of thousands of EVs on California’s roads, they still represent a small minority of all light-duty vehicles in the state. By allowing local authorities to designate parking exclusively for EVs, this bill provides a tool to encourage more people to purchase (or lease) and drive EVs. On the other hand, restricting a share of parking spaces to a small group of vehicles could exacerbate parking issues in congested urban areas. This bill, however, does not require a local authority to designate on-street parking for EVs; it merely authorizes such an action. Nor does the bill require a certain number or percentage of parking spaces to be designated for EVs. If a local authority does want to designate a portion of on-street parking for EVs only, this bill requires it to do so by ordinance or resolution. Such an action must occur in open session pursuant to the Ralph M. Brown Act, which provides opportunity for public comment. Moving forward, the author may wish to consider imposing a limit on the share of on-street parking spaces that a local authority may designate exclusively for EVs.

Related/Prior Legislation

AB 2565 (Muratsuchi, Chapter 529, Statutes of 2014) required landlords to approve a tenant request to install an EV charging station at his or her allotted parking space, as specified.

AB 1092 (Levine, Chapter 410, Statutes of 2013) required the state Building Standards Commission, as part of the next building code adoption cycle, to include mandatory building standards for the installation of EV charging infrastructure in multifamily dwellings and non-residential development.

AB 475 (Butler, Chapter 274, Statutes of 2011) allowed local authorities and owners of off-street parking facilities to designate stalls for the exclusive purpose of charging and parking an EV, including a hybrid EV.

AB 1314 (Havice, Chapter 640, Statutes of 2002) allowed local authorities and parking garage operators to designate spaces for the exclusive use of zero-emission vehicles and authorizes towing of vehicles and levying of fines for violations of such parking restrictions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/26/17)

Los Angeles Mayor Eric Garcetti (source)

California Electric Transportation Coalition

ChargePoint

City of Sacramento

Southern California Edison

OPPOSITION: (Verified 6/26/17)

None received

ARGUMENTS IN SUPPORT: Writing in support, Los Angeles Mayor Eric Garcetti, sponsor of this bill, states that widely available EV charging stations on public streets will help eliminate one of the main obstacles to EV adoption and help Los Angeles comply with state-mandated climate change goals.

ASSEMBLY FLOOR: 51-22, 5/1/17

AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Arambula, Baker, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Gallagher, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Dahle, Eggman, Flora, Fong, Gray, Patterson, Ridley-Thomas

Prepared by:

6/27/17 17:04:44

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 1452 Hearing Date: 6/13/2017

SUBJECT: Parking: exclusive electric charging and parking on public streets

DIGEST: This bill authorizes a local authority to designate parking spots on public streets for the exclusive purpose of charging and parking an electric vehicle (EV).

ANALYSIS:

Existing law:

1. Authorizes a local authority or an off-street parking facility to designate spaces in an off-street parking facility for the exclusive purpose of charging and parking an EV.
2. Authorizes a local authority or off-street parking facility to have a vehicle towed that is unlawfully parked in a space designated for EVs, if a specified notice is posted.
3. Requires the posting relating to EV spaces in an off-street parking facility to consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height that clearly and conspicuously states that “Unauthorized vehicles not connected for electric charging purposes will be towed away at owner’s expense,” with information on where to go or call to reclaim the vehicle. Requires the sign to be posted adjacent to and visible from the space or in a conspicuous place at each entrance to the facility.

This bill:

1. Authorizes a local authority, by ordinance or resolution, to designate parking spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking an EV.
2. Authorizes a local authority to have a vehicle that is unlawfully parked in a space designated for EVs, towed to the nearest garage that is owned, leased, or approved for use by a public agency, if a specified notice is posted.
3. Provides that the posting required for spaces designated for EVs on a public street shall follow the California Manual of Uniform Traffic Control Devices, in effect on January 1, 2017.

COMMENTS:

1. Purpose. The author states that while local authorities are currently authorized to designate spaces in off-street parking facilities or lots for EV charging, this bill will extend that authority to on-street parking. By expanding access to charging stations on our city streets, we can promote expanded use of clean energy vehicles and put California one step closer to meeting statewide greenhouse gas (GHG) emission reduction goals.
2. State GHG emission reduction and EV goals. AB 32 (Nunez and Pavley, Chapter 488 of 2006) set a goal of reducing statewide GHG emissions to 1990 levels by 2020. Executive Order B-30-2015, issued by the Governor in 2015, set a target of reducing GHG emissions to 80% below 1990 levels by 2050, with an interim target of 40% below 1990 levels by 2030. SB 32 (Pavley, Chapter 249 of 2016) codifies the 2030 GHG emissions reduction target. One of the ways the state is working to achieve these reductions is through multiple policy goals, initiatives, and programs to help increase the number of EVs on California’s roads, including:
   1. Executive Order B-16-2012, issued by Governor Brown in March 2012, sets a target of one million zero-emission vehicles (ZEVs) on California’s roads by 2020 and 1.5 million by 2025. The ZEV Regulation (commonly known as the ZEV mandate) requires large-volume and intermediate-volume vehicle manufacturers that sell cars in California to produce ZEVS, clean plug-in hybrids, clean hybrids, and clean gasoline engine vehicles with near-zero tailpipe emissions. In general, the ZEV regulation requires that ZEVs comprise 15% of new car sales by 2025. This target is intended to achieve the goal set by the 2012 Executive Order.
   2. SB 1275 (De Leon, Chapter 530 of 2014) establishes the Charge Ahead Initiative at the state Air Resources Board to provide incentives to increase the availability of ZEVs and near-ZEVs, particularly in disadvantaged low-and moderate-income communities. SB 1275 also set a target of one million ZEVs and near-ZEVs on California’s roads by January 1, 2023.
   3. SB 350 (De Leon, Chapter 547 of 2016) established a statewide policy of widespread electrification of transportation sector.
   4. Numerous programs under multiple state agencies provide incentives and establish requirements for EV charging infrastructure. In addition, several programs, such as the Clean Vehicle Rebate Project and the Clean Air Vehicle Program, provide incentives and rebates for the purchase or lease of EVs. These compliment a federal income tax credit of up to $7,500 for plug-in electric vehicles.
3. Increasing access to EV charging. Currently, the majority of EV drivers charge their vehicles at home, though some have access to workplace charging. To help encourage more people to purchase EVs, many cities in California are establishing charging stations at both on-street and off-street locations. For example, Sacramento offers free parking for EVs in many downtown garages, including some spots with charging stations. San Diego has 57 EV charging stations at 15 locations throughout the city. Los Angeles, as part of its second annual “Sustainability Plan,” is proposing to install more than 1,000 EV charging stations on public streets. Mayor Eric Garcetti, sponsor of this bill, states that widely available EV charging stations on public streets will help eliminate one of the main obstacles to EV adoption and help Los Angeles comply with state-mandated climate change goals.
4. How expensive would a violation be? Existing law prohibits parking in an off-street space designated for EVs (including hybrid EVs) unless the vehicle is connected for electric charging purposes, with a violation punishable by a $100 fine. The committee understands that parking a non-EV in a space designated for EVs under this bill would carry the same fine. In addition, this bill, like existing law, allows a non-EV that parks in an EV space to be towed, which would result in additional fines.
5. Can’t locals do this now? Existing law authorizes a local authority to adopt an ordinance related to parking programs within its jurisdiction, such as programs that provide free parking in metered areas or municipal garages for EVs. Thus, a local authority could designate on-street parking exclusively for EVs under existing law. However, the committee understands that existing law would not allow a local authority to assess parking fines for parking illegally in those spaces, or cause illegally parked vehicles to be towed.
6. A question of fairness? Although there are currently hundreds of thousands of EVs on California’s roads, they still represent a small minority of all light-duty vehicles in the state. By allowing local authorities to designate parking exclusively for EVs, this bill provides a tool to encourage more people to purchase (or lease) and drive EVs. On the other hand, restricting a share of parking spaces to a small group of vehicles could exacerbate parking issues in congested urban areas. This bill, however, does not require a local authority to designate on-street parking for EVs; it merely authorizes such an action. Nor does the bill require a certain number or percentage of parking spaces to be designated for EVs. If a local authority does want to designate a portion of on-street parking for EVs only, this bill requires it to do so by ordinance or resolution. Such an action must occur in open session pursuant to the Ralph M. Brown Act, which provides opportunity for public comment. Moving forward, the author may wish to consider imposing a limit on the share of on-street parking spaces that a local authority may designate exclusively for EVs.

Related Legislation:

AB 2565 (Muratsuchi, Chapter 529 of 2014) requires landlords to approve a tenant request to install an EV charging station at his or her allotted parking space, as specified.

AB 1092 (Levine, Chapter 410 of 2013) required the state Building Standards Commission, as part of the next building code adoption cycle, to include mandatory building standards for the installation of EV charging infrastructure in multifamily dwellings and non-residential development.

AB 475 (Butler, Chapter 274 of 2011) allows local authorities and owners of off-street parking facilities to designate stalls for the exclusive purpose of charging and parking an EV, including a hybrid EV.

AB 1314 (Havice, Chapter 640 of 2002) allows local authorities and parking garage operators to designate spaces for the exclusive use of zero-emission vehicles and authorizes towing of vehicles and levying of fines for violations of such parking restrictions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 7, 2017.)

SUPPORT:

Los Angeles Mayor Eric Garcetti (sponsor)

California Electric Transportation Coalition

ChargePoint

Southern California Edison

OPPOSITION:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:

Author:(Muratsuchi)

As Introduced Ver:February 17, 2017

Majority vote

SUMMARY: Authorizes local jurisdictions to designate on-street parking for the exclusive use of electric vehicle (EV) charging. Specifically, this bill:

1. Authorizes a local jurisdiction, by ordinance or resolution, to designate on-street parking spaces for the exclusive purpose of EV charging provided the vehicle is connected for electric charging purpose and that specified requirements are posted.
2. Authorizes the removal of a vehicle parked in a designated on-street EV parking space if the vehicle does not meet specified requirements.
3. Requires that the posting required for on-street EV parking be consistent with the California Manual of Uniform Traffic Control Devices dated January 1, 2017.

EXISTING LAW:

1. Requires the California Air Resources Board (ARB), pursuant to California Global Warming Solutions Act of 2006 (AB 32 (Núñez), Chapter 488, Statutes of 2006), to adopt a statewide Greenhouse Gas (GHG) emissions limit equivalent to 1990 levels by 2020 and further requires, pursuant to SB 32 (Pavley), Chapter 249, Statutes of 2016, that ARB ensure that statewide GHG Emissions are reduced to at least 40% below 1990 levels by 2030.
2. Authorizes local authority to restrict parking or standing of vehicles on designated streets or highways within their jurisdiction.
3. Authorizes a local authority, by ordinance or resolution, to designate EV parking stalls, parking and charging purposes in off-street parking facilities provided specified posting requirements are met.
4. Provides that vehicles occupying off-street parking designated for EVs may be towed if the vehicle is not in compliance with posted requirements.
5. Prohibits leaving a vehicle in a designated EV stall or space in an off-street parking facility unless the vehicle is connected for electric charging purposes.

FISCAL EFFECT: According to the Assembly Appropriations Committee, because this bill permits, rather than requires, local jurisdictions to designate on-street parking for EVs it would not create a state mandate.

COMMENTS: In 2006, AB 32 (Núñez) established California's aggressive goal of reducing GHG emissions to 1990 levels by 2020, and just last year, SB 32 (Pavley), was passed, "doubling down" on that goal calling for GHG emissions to be reduced 40% below 1990 levels by the year 2030. Given that California's transportation sector produces nearly 40% of the state's GHG emissions, due primarily to the state's 25 million passenger vehicles, California's success in meeting its lofty GHG reduction goals will rely heavily on reducing passenger vehicle emissions.

To help address passenger fleet emissions, ARB and the California Energy Commission have instituted a number of regulatory and incentive programs designed to encourage the purchase and use of alternatively fueled vehicles as well and creating a network of alternative fueling infrastructure that relies heavily on the installation of EV charging systems. These efforts have resulted in a number of programs to incentivize the purchase and use of EVs as well as to encourage more widespread installation of EV charging infrastructure across the state.

According to the United States Department of Energy, EV owners do more than 80% of their charging at home, supplementing with workplace and public charging when it is available and accessible. Many EV drivers report that the lack of available public and workplace EV charging infrastructure keeps them from using the vehicle more often and for longer trips. To help address this need with respect to off-street parking, the Legislature passed, and Governor Brown signed, AB 475 (Butler), Chapter 274, Statutes of 2011, that ensured the exclusive EV parking could be provided in off-street parking facilities to ensure improved access to EV charging infrastructure.

As many municipalities in California and across the nation, look to increase the number of available EV charging systems, many cities have begun installing EV charging systems on city streets. As with off-street garages, however, it is important that EVs have priority access to these spaces. For this reason, the author has introduced this bill which would authorize local jurisdictions, by ordinance or resolution, to dedicate on-street parking spaces for the exclusive use of EVs while they are charging, provided appropriate signage is installed. By introducing this bill, the author seeks to ensure that on-street EV charging facilities remain accessible for EV charging and in doing so, will help California achieve its emission reduction and clean air goals.

Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0000196

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1452

Author:(Muratsuchi) – As Introduced Ver:February 17, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill allows local jurisdictions to designate on-street parking for the exclusive use of electric vehicle (EV) charging. In addition, this bill authorizes the removal of a vehicle parked in a designated on-street EV parking space if the vehicle is not connected for EV charging, under specified conditions.

FISCAL EFFECT:

Because this bill permits, rather than requires, local jurisdictions to designate on-street parking for EVs it would not create a state mandate.

COMMENTS:

1. Background. Existing law authorizes a local jurisdiction, by ordinance or resolution, to designate EV parking stalls, parking and charging purposes in off-street parking facilities provided specified posting requirements are met. However, existing law does not specifically address whether local jurisdictions can designate on-street parking for the exclusive use of EV charging.
2. Purpose. Providing access to EV charging is needed to facilitate the further adoption of EV technology. Clarifying that local jurisdictions can designate on-street EV charging spaces would help facilitate the development of EV charging. According to the author, “AB 1452 extends existing authorizations, which allow local authorities to designate similar stalls or parking spaces in off-street parking lots.”

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: March 27, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1452 (

Author:Muratsuchi) – As Introduced Ver:February 17, 2017

SUBJECT: Parking: exclusive electric charging and parking on public streets

SUMMARY: Authorizes local jurisdictions to designate on-street parking for the exclusive use of electric vehicle (EV) charging. Specifically, this bill:

1. Authorizes a local jurisdiction, by ordinance or resolution, to designate on-street parking spaces for the exclusive purpose of EV charging provided the vehicle is connected for electric charging purpose and that specified requirements are posted.
2. Authorizes the removal of a vehicle parked in a designated on-street EV parking space if the vehicle does not meet specified requirements.
3. Requires that the posting required for on-street EV parking be consistent with the California Manual of Uniform Traffic Control Devices dated January 1, 2017.

EXISTING LAW:

1. Requires the California Air Resources Board (ARB), pursuant to California Global Warming Solutions Act of 2006 [AB 32 (Núñez), Chapter 488, Statutes of 2006], to adopt a statewide Greenhouse Gas (GHG) emissions limit equivalent to 1990 levels by 2020 and further requires, pursuant to SB 32 (Pavley), Chapter 249, Statutes of 2016, that ARB ensure that statewide GHG Emissions are reduced to at least 40% below 1990 levels by 2030.
2. Authorizes local authority to restrict parking or standing of vehicles on designated streets or highways within their jurisdiction.
3. Authorizes a local authority, by ordinance or resolution, to designate EV parking stalls, parking and charging purposes in off-street parking facilities provided specified posting requirements are met.
4. Provides that vehicles occupying off-street parking designated for EVs may be towed if the vehicle is not in compliance with posted requirements.
5. Prohibits leaving a vehicle in a designated EV stall or space in an off-street parking facility unless the vehicle is connected for electric charging purposes.

FISCAL EFFECT: Unknown

COMMENTS: In 2006, AB 32 (Núñez) established California's aggressive goal of reducing GHG emissions to 1990 levels by 2020, and just last year, SB 32 (Pavley), was passed, "doubling down" on that goal calling for GHG emissions to be reduced 40% below 1990 levels by the year 2030. Given that California's transportation sector produces nearly 40% of the state's GHG emissions, due primarily to the state's 25 million passenger vehicles, California's success in meeting its lofty GHG reduction goals will rely heavily on reducing passenger vehicle emissions.

To help address passenger fleet emissions, ARB and the California Energy Commission have instituted a number of regulatory and incentive programs designed to encourage the purchase and use of alternatively fueled vehicles as well and creating a network of alternative fueling infrastructure that relies heavily on the installation of EV charging systems. These efforts have resulted in a number of programs to incentivizes the purchase and use of EVs as well as to encourage more widespread installation of EV charging infrastructure across the state.

According to the United States Department of Energy, EV owners do more than 80% of their charging at home, supplementing with workplace and public charging when it is available and accessible. Many EV drivers report that the lack of available public and workplace EV charging infrastructure keeps them from using the vehicle more often and for longer trips. To help address this need with respect to off-street parking, the Legislature passed, and Governor Brown signed, AB 475 (Butler), Chapter 274, Statutes of 2011, that ensured the exclusive EV parking could be provided in off-street parking facilities to ensure improved access to EV charging infrastructure.

As many municipalities in California and across the nation, look to increase the number of available EV charging systems, many cities have begun installing EV charging systems on city streets. As with off-street garages, however, it is important that EVs have priority access to these spaces. For this reason, the author has introduced this bill which would authorize local jurisdictions, by ordinance or resolution, to dedicate on-street parking spaces for the exclusive use of EVs while they are charging, provided appropriate signage is installed. By introducing this bill, the author seeks to ensure that on-street EV charging facilities remain accessible for EV charging and in doing so, will help California achieve its emission reduction and clean air goals.

Previous legislation: AB 1158 (Waldron) of 2013 would have expressly authorized local authorities to designate and enforce on-street parking for EVs. AB 1158 was returned to the Chief Clerk by this committee pursuant to Joint Rule 56.

AB 475 (Butler) Chapter 274, Statutes of 2011, allowed any vehicle that is connected for electric charging purposes to park in a garage space designated for EVs.

REGISTERED SUPPORT / OPPOSITION:

Support

Honorable Eric Garcetti, Mayor, City of Los Angeles

Opposition

None on file

Analysis Prepared by: Victoria Alvarez / TRANS. /