AB 1626: Transportation electrification: fleet data.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-04-17
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires the California Energy Commission to collect fleet data from state agencies so relevant state agencies can estimate anticipated hydrogen fueling demand at medium- and heavy‑duty fleet locations and to share aggregated results with developers of public hydrogen fueling stations. It also continues sharing electric charging estimates with utilities and prohibits those utilities and hydrogen station developers from disclosing the shared data to third parties. The data shared must not include personal information.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), in collaboration with the State Air Resources Board, the Public Utilities Commission, and other relevant stakeholders, to annually gather from state agencies, as provided, specified entities fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors, including information that would allow an electrical corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location, and share that data with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts, as specified. Existing law prohibits electrical corporations and local publicly owned electric utilities from disclosing that data to third parties.
This bill would require the Energy Commission to also gather aggregated information that would allow the public sector relevant state agencies to estimate the total anticipated hydrogen fueling capacity demand at each fleet location. The bill would require the Energy Commission to share the aggregated data with developers of publicly available hydrogen fueling stations and would prohibit the developer of a publicly available hydrogen fueling station from disclosing that data to third parties.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), in collaboration with the State Air Resources Board, the Public Utilities Commission, and other relevant stakeholders, to annually gather from state agencies, as provided, specified entities fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors, including information that would allow an electrical corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location, and share that data with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts, as specified. Existing law prohibits electrical corporations and local publicly owned electric utilities from disclosing that data to third parties.
This bill would require the Energy Commission to also gather aggregated information that would allow the public sector to estimate the total anticipated hydrogen fueling capacity at each fleet location. The bill would require the Energy Commission to share the aggregated data with developers of publicly available hydrogen fueling stations and would prohibit the developer of a publicly available hydrogen fueling station from disclosing that data to third parties.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(a)In order to achieve the states goal of reaching 100 percent zero-emission vehicles for new passenger vehicles vehicle sales by 2035 and for medium- and heavy-duty vehicles everywhere feasible by 2045, it is the intent of the Legislature to advance zero-emission infrastructure deployment.
(b)The commission, in collaboration with the State Air Resources Board, the Public Utilities Commission, and other relevant stakeholders, shall do both of the following:
(1)Annually gather entities fleet data from state agencies that already collect fleet data, including, but not limited to, data collected by the State Air Resources Board pursuant to its zero-emission vehicle regulations, and vehicle registration data collected by the Department of Motor Vehicles, to the extent that such data is collected by state agencies at the time. The data collected from state agencies pursuant to this paragraph shall encompass fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors of only those entities that are subject to the regulations of the State Air Resources Board, and shall include, but not be limited to, all of the following data:
(A)The total vehicle fleet or equipment size and composition, including each vehicles fuel type, including battery electric, plug-in hybrid, or fuel cell.
(B)The physical address of the fleets location.
(C)Information that would allow an electrical corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location.
(D)Aggregated information Information that would allow the public sector relevant state agencies to estimate the total anticipated hydrogen fueling capacity demand at each fleet location.
(2)Enter into data sharing agreements with state agencies, as necessary, to facilitate the gathering of data pursuant to this section.
(c)The commission shall share the data gathered pursuant to subdivision (b) with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts.
(d)The commission shall share aggregated data gathered pursuant to subdivision (b) with developers of publicly available hydrogen fueling stations.
(e)For data shared pursuant to subdivision (c) or (d), an electrical corporation, local publicly owned electric utility, or the developer of a publicly available hydrogen fueling station shall not disclose information protected pursuant to Sections 8380 and 8381 of the Public Utilities Code.
(f)For data shared pursuant to subdivision (c) or (d), an electrical corporation, local publicly owned electric utility, or the developer of a publicly available hydrogen fueling station shall not disclose the data to third parties for any purpose.
(g)The commissions data collection pursuant to this section is not intended to create any new or duplicate reporting requirements on behalf of fleet operators.
(h)As used in subparagraph (D) of paragraph (1) of subdivision (b) and in subdivision (d), the terms data and information shall not include personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which amends Section 25328 of the Public Resources Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the confidential and proprietary information of an entity subject to Section 2 1 of this act, it is necessary that this act limit the publics right of access to that information.
(a)In order to achieve the states goal of reaching 100 percent zero-emission vehicles for new passenger vehicles sales by 2035 and for medium- and heavy-duty vehicles everywhere feasible by 2045, it is the intent of the Legislature to advance zero-emission infrastructure deployment.
(b)The commission, in collaboration with the State Air Resources Board, the Public Utilities Commission, and other relevant stakeholders, shall do both of the following:
(1)Annually gather entities fleet data from state agencies that already collect fleet data, including, but not limited to, data collected by the State Air Resources Board pursuant to its zero-emission vehicle regulations, and vehicle registration data collected by the Department of Motor Vehicles, to the extent that such data is collected by state agencies at the time. The data collected from state agencies pursuant to this paragraph shall encompass fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors of only those entities that are subject to the regulations of the State Air Resources Board, and shall include, but not be limited to, all of the following data:
(A)The total vehicle fleet or equipment size and composition, including each vehicles fuel type, including battery electric, plug-in hybrid, or fuel cell.
(B)The physical address of the fleets location.
(C)Information that would allow the an electrical corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location.
(D)Aggregated information that would allow the public sector to estimate the total anticipated hydrogen fueling capacity at each fleet location.
(2)Enter into data sharing agreements with state agencies, as necessary, to facilitate the gathering of data pursuant to this section.
(c)The commission shall share the data gathered pursuant to subdivision (b) with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts.
(d)The commission shall share aggregated data gathered pursuant to subdivision (b) with developers of publicly available hydrogen fueling stations.
(d)(e)For data shared pursuant to subdivision (c), (c) or (d), an electrical corporation or corporation, local publicly owned utility electric utility, or the developer of a publicly available hydrogen fueling station shall not disclose information protected pursuant to Sections 8380 and 8381 of the Public Utilities Code.
(e)(f)For data shared pursuant to subdivision (c), (c) or (d), an electrical corporation or corporation, local publicly owned utility electric utility, or the developer of a publicly available hydrogen fueling station shall not disclose the data to third parties for any purpose.
(f)(g)The commissions data collection pursuant to this section is not intended to create any new or duplicate reporting requirements on behalf of fleet operators.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which amends Section 25328 of the Public Resources Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the confidential and proprietary information of an entity subject to Section 2 of this act, it is necessary that this act limit the publics right of access to that information.
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Date
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Status
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|---|---|
| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Held under submission. |
| May 18, 2023 | Joint Rule 62(a), file notice suspended. (Page 1580.) |
| May 17, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 25, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Apr 18, 2023 | Re-referred to Com. on TRANS. |
| Apr 17, 2023 | Read second time and amended. |
| Apr 13, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on TRANS. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 12). |
| Mar 28, 2023 | In committee: Hearing postponed by committee. |
| Mar 9, 2023 | Referred to Coms. on U. & E. and TRANS. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 24, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
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| Apr 12, 2023 | Do pass as amended, and be re-referred to the Committee on [Transportation] with recommendation: To Consent Calendar | Assembly Standing Committee on Utilities and Energy |
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.
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Organization
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Position
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Date
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| California Hydrogen Coalition | ** Support |
Date of Hearing: May 17, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1626
Author:(McCarty) – As Amended Ver:April 17, 2023
Policy Committee: | Utilities and Energy | Vote: | 15 - 0 |
Transportation | 15 - 0 | ||
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Energy Commission (CEC) to share total anticipated hydrogen fueling demand at each fleet location with developers of publicly available hydrogen fueling stations.
FISCAL EFFECT:
Costs to CEC of an unknown, but possibly significant amount, likely under $200,000 for the equivalent of one full-time staff member to organize hydrogen fueling demand data, including ensuring that such information does not contain confidential data or sensitive market information, and disseminating it to developers (special fund).
COMMENTS:
- Purpose. The author intends this bill to help the state meets its clean transportation and clean energy goals. According to the author:
Clean cars are key to California meeting our climate, clean air, and renewable energy goals. AB 1626 provides hydrogen station developers with aggregated and protected data to best inform placement of hydrogen fueling infrastructure. Specifically, this bill requires the California Energy Commission to gather and share fleet data that is already being collected…with hydrogen station developers to inform future station locations. AB 1626 is a common-sense step that aligns California’s grid-planning processes with the state’s ZEV, air quality, and climate goals.
- Background. The state has ambitious clean energy goals: a reduction of statewide greenhouse emissions to 40% below the 1990 level by 2030, and carbon neutrality as soon as possible, but no later than 2045.
100% Zero Emission. To these ends, the Governor in September of 2020, the Governor issued Executive Order (EO) N-79-20, which proclaims the following goals:
- 100% of in-state sales of new passenger cars and trucks be zero-emission by 2035.
- 100% of medium- and heavy-duty vehicles in the state be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks.
- 100% of off-road vehicles and equipment zero-emission by 2035, where feasible.
The Air Resources Board (ARB) is working on regulations to realize the goals of EO N-79-20. In addition, ARB, CEC, the California Public Utilities Commission (CPUC) and the Governor’s Office of Business Development (Go-Biz), along with other state, local and private entities, undertake various efforts to project demand and plan for zero-emission vehicle deployment.
To that end, CEC, as required by AB 2700 (McCarty), Chapter 354, Statutes of 2022, and in collaboration with ARB and CPUC, annually gathers from state agencies specified entities’ fleet data on zero emission vehicles and shares that data with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts to support anticipated demand for electric vehicle charging.
There seems to be a parallel between the requirements of AB 2700 and the requirements of this bill: make CEC share ZEV planning data to enable developers to plan for and realize ZEV-enabling infrastructure. However, AB 2700 required CEC to share ZEV planning data with public entities with unique jurisdictions. This bill requires CEC to share ZEV planning data with private entities operating in competitive markets.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: April 24, 2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
ABPCA Bill Id:AB 1626 (
Author:McCarty) – As Amended Ver:April 17, 2023
SUBJECT: Transportation electrification: fleet data
SUMMARY: Requires the State Energy Resources Conservation and Development Commission (CEC) to collect fleet data related to hydrogen fueling capacity. Specifically, this bill:
- Requires CEC, in collaboration with the California Air Resources Board (CARB), the Public Utilities Commission (CPUC), and other relevant stakeholders to annually gather entities’ fleet data from state agencies that already collect fleet data, including information that would allow relevant state agencies to estimate the total anticipated hydrogen fueling demand at each fleet location.
- Requires CEC to share aggregated data with developers of publicly available hydrogen fueling stations.
- Prohibits developers of a publicly available hydrogen fueling station from disclosing specified protected information.
- Prohibits developers of a publicly available hydrogen fueling station from disclosing the shared data to third parties for any purpose.
- Provides that the terms “data” and “information” does not include personal information as defined in Civil Code Section 1798.140.
EXISTING LAW:
- Requires CEC, in collaboration with CARB, CPUC, and other relevant stakeholders to annually gather entities’ fleet data from state agencies that already collect fleet data, including but not limited to, data collected by CARB for its zero-emission vehicle regulations, and vehicle registration data collected by the Department of Motor Vehicles (DMV), to the extent that such data is collected by state agencies at the time. (Public Resources Code (PRC) 25328)
- Requires the data collected from state agencies to encompass fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors of only those entities that are subject to CARB regulations, including, but not limited to, all of the following data:
- Total vehicle fleet or equipment size and composition, including each vehicle’s fuel type, including battery electric, plug-in hybrid, or fuel cell;
- Physical address of the fleet’s location; and,
- Information that would allow an electric corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location.
- Prohibits an electrical corporation or a local publicly owned electric utility from disclosing protected information or disclosing the data to third parties for any purpose.
- Provides privacy protections for energy consumption data. (Public Utilities Code (PUC) 8380)
FISCAL EFFECT: Unknown
COMMENTS: California’s transportation sector is currently the largest source of greenhouse gas (GHG) emissions in the state and, in the interest of meeting the state’s emissions reduction targets, California has set a goal that 100% of new passenger vehicles sales will be ZEVs by 2035. ZEV is an umbrella term encompassing hydrogen fuel cell electric vehicles (FCEV), battery electric vehicles (BEVs), and plug-in hybrid electric vehicles. To meet the state’s ZEV goals will require a significant increase in the number of light-, medium-, and heavy-duty ZEVs on the road and a drastic increase in the infrastructure to support these vehicles. Cumulative sales of ZEVs in California reached 1.1 million in the first quarter of 2022, with ZEVs accounting for 16% of new car sales. The Legislature has remained largely technology neutral on ZEVs, funding vehicle incentives for both FCEVs and BEVs and the required infrastructure, hydrogen fueling stations and EV charging stations, respectively.
Hydrogen fueling stations. As of November 2022, California has 62 hydrogen refueling stations in operation, with estimates by the CEC that that number will surpass 100 stations, a benchmark set by AB 8 (Perea), Chapter 401, Statutes of 2013, in 2024. Loftier goals for hydrogen fueling infrastructure development have also been set by an executive order establishing a goal of reaching 200 operational hydrogen fueling stations by 2025. The one-time appropriation through the California Budget Act of 2021 of $1.1 billion across three fiscal years for ZEV infrastructure across light-, medium-, and heavy-duty sectors is anticipated to help the state reach the 200-station goal. The hydrogen stations currently operating in California have excess fueling capacity that is nearly quadruple the current demand from the approximately 12,000 FCEVs in the state, according to the CEC and CARB. CEC estimates that a network of 200 hydrogen stations would be capable of supporting about 273,000 light-duty FCEVs.
The Clean Transportation Program (CTP) has been central in the development of hydrogen fueling infrastructure. CEC administers CTP to provide funding for infrastructure and technologies that help the state transition to cleaner fuels and transportation. CARB also administers funding for ZEV infrastructure and vehicles, and the CPUC oversees ratepayer investments in EV infrastructure deployed through load serving entities. Under existing law, the CTP provides up to $100 million annually for clean transportation infrastructure and technology projects. The CEC identifies priorities for CTP funding through a regular investment plan and updates.
Despite considerable progress in hydrogen fueling buildout, the large amount of funding needed to open stations, permitting requirements, and construction times can create long lead times between the proposal and the opening of the hydrogen station. Many hydrogen vehicle drivers have limited options for refueling, particularly in areas of California where fewer hydrogen stations have been built. While the lack of hydrogen refueling stations can discourage consumers from purchasing hydrogen vehicles, the lack of hydrogen vehicle purchases can lower market incentives for building additional hydrogen refueling stations, according to the CEC.
According to the author, “Clean cars are key to California meeting our climate, clean air, and renewable energy goals. [This bill] provides hydrogen station developers with aggregated and protected data to best inform placement of hydrogen fueling infrastructure. Specifically, this bill requires the California Energy Commission to gather and share fleet data that is already being collected by CARB and other agencies with hydrogen station developers to inform future station locations. [This bill] is a common-sense step that aligns California’s grid-planning processes with the state’s ZEV, air quality, and climate goals.”
In support the California Hydrogen Coalition writes, “[Our] mission is to enable California’s transition to ZEVs by expanding the availability of reliable, convenient and affordable hydrogen fueling to support the state’s emission reduction goals. [This bill] will further the development of fueling infrastructure thereby supporting greater adoption of medium and heavy-duty vehicles.”
Committee comments: This bill expands on the framework created by AB 2700 (McCarty), Chapter 354, Statutes of 2022 which requires the CEC, in collaboration with CARB and the CPUC, to annually gather specified entities’ fleet data from state agencies and share that data with electrical corporations and Publicly Owned Utilities. This data is used to inform electrical grid planning. This bill adds FCEVs to that information collection and data sharing framework. The primary argument in favor of this expansion is that increased data-sharing can better inform the buildout of hydrogen fueling infrastructure, as well as leveling the playing field between BEV and FCEV support infrastructure development, in keeping with the Legislature’s general position to remain technology-neutral.
Amendments coming out of the Assembly Utilities and Energy Committee addressed substantial concerns about applying a data-sharing framework designed for BEVs and utilities to a market of FCEVs and hydrogen fueling station developers. Additionally, the amendments clarified the information that would enable the estimation of hydrogen fueling potential, which may be useful in determining where to build hydrogen fueling stations.
Double referral: This bill was double referred to the Assembly Utilities and Energy Committee and passed out of that committee on April 12, 2023 on a 15-0 vote.
Related and previous legislation: AB 673 (Bennett) of this session requires the CEC to evaluate whether the project needs to also include access for light-duty vehicles when considering providing funding for projects for the construction and operation of hydrogen-fueling medium- and heavy-duty stations. This bill is in the Assembly Committee on Appropriations.
AB 1550 (Bennett) of this session requires, on and after January 1, 2045, that all hydrogen produced and used in California for the generation of electricity or fueling of vehicles be green hydrogen. This bill is in the Assembly Committee on Natural Resources.
AB 1711 (Juan Carrillo) of this session requires the CEC to equitably allocate funds appropriated by the Legislature for purposes of achieving an accessible statewide hydrogen-fueling network and expanding an existing hydrogen-fueling network, as necessary, to specifically prioritize rural communities and low-income communities. This bill is in the Assembly Committee on Natural Resources.
SB 493 (Min) of this session requires the CEC to assess the electric and hydrogen infrastructure needed to meet the deadlines in Executive Order No. N-79-20 for the transition of medium- and heavy-duty vehicles to zero-emission vehicles. This bill is currently in the Senate Appropriations Committee.
AB 2700 (McCarty), Chapter 354, Statutes of 2022 requires the CEC, in collaboration with CARB and the CPUC, to annually gather from state agencies specified entities’ fleet data on medium- and heavy-duty vehicles and share that data with electrical corporations and POUs to help inform electrical grid planning efforts to support the state’s anticipated demand for electric vehicle charging.
AB 8 (Perea), Chapter 401, Statutes of 2013 directs the CEC to allocate $20 million annually, not to exceed 20% of the funds appropriated by the Legislature, from the Clean Transportation Program to deploy hydrogen fueling stations until there are at least 100 publicly available stations in operation.
REGISTERED SUPPORT / OPPOSITION:
Support
California Hydrogen Coalition (sponsor)
Opposition
None on file
Analysis Prepared by: Christine Casey / TRANS. / (916) 319-2093
Date of Hearing: April 12, 2023
ASSEMBLY COMMITTEE ON UTILITIES AND ENERGY
Eduardo Garcia, Chair
ABPCA Bill Id:AB 1626 (
Author:McCarty) – As Introduced Ver:February 17, 2023
SUBJECT: Transportation electrification: fleet data
SUMMARY: Requires the California Energy Commission (CEC) to annually gather aggregated information from state agencies that would allow the public sector to estimate the total anticipated hydrogen fueling capacity at each fleet location and share the aggregated data with developers of publicly available hydrogen fueling stations. Also prohibits the developer of a publicly available hydrogen fueling station from disclosing that data to third parties.
EXISTING LAW:
- Requires the CEC, in collaboration with the California Air Resource Board (CARB) and the California Public Utilities Commission (CPUC), to annually gather from state agencies specified entities’ fleet data on medium- and heavy-duty vehicles and share that data with electrical corporations and local publicly owned electric utilities (POUs) to help inform electrical grid planning efforts to support anticipated demand for electric vehicle charging. (Public Resources Code § 25328)
- Establishes the Charge Ahead California Initiative that, among other things, includes the goal of placing at least one million zero-emission vehicles (ZEVs) and near-zero emission vehicles (NZEVs) into service by January 1, 2023, and increasing access to these vehicles for disadvantaged, low-income, and moderate-income communities and consumers. (Health and Safety Code § 44258)
- Requires the CEC to conduct a statewide assessment every two years of EV charging infrastructure needed to support the levels of EV adoption required to meet the state goals of putting at least five million ZEVs on California roads by 2030, and of reducing emissions of greenhouse gases (GHG) to 40% below 1990 levels by 2030. (Public Resources Code § 25229)
- Creates the Clean Transportation Program (CTP), administered by the CEC, to provide competitive grants, loans, or other funding to various entities to develop and deploy technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. (Health and Safety Code § 44272)
- Creates the Alternative and Renewable Fuel and Vehicle Technology Fund to be administered by the CEC to implement the CTP. Requires the CEC to include in the biennial integrated energy policy report (IEPR) a list of projects funded, the expected benefits in terms of specified characteristics, the overall contribution of the funded projects toward specified goals, key obstacles and challenges to meeting the goals, and recommendations for future actions. (Public Resources Code § 44273)
- Requires CEC to allocate $20,000,000 annually to fund the number of publicly available hydrogen-fueling stations identified by CARB, not to exceed 20% of the moneys appropriated by the Legislature from the Alternative and Renewable Fuel and Vehicle Technology Fund, until there are at least 100 publicly available hydrogen-fueling stations in operation in the state. (Health and Safety Code § 43018.9)
- Requires CEC and CARB, on an annual basis, to jointly review and report progress toward establishing a hydrogen-fueling network that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed into operation in the state. (Health and Safety Code § 43018.9)
FISCAL EFFECT: Unknown. This bill is keyed fiscal and will be referred to the Committee on Appropriations for its review.
BACKGROUND:
ZEVerything, ZEVerywhere, All At Once? – California’s transportation sector is currently the largest source of Greenhouse Gas (GHG) emissions in the state and, in the interest of meeting the state’s emissions reduction targets, California has set a goal that 100% of new passenger vehicles sales will be ZEVs by 2035.[1] ZEV is an umbrella term encompassing hydrogen fuel cell electric vehicles (FCEV), battery electric vehicles (BEVs), and plug-in hybrid electric vehicles. To meet the state’s ZEV goals will require a significant increase in the number of light-, medium-, and heavy-duty ZEVs on the road and a drastic increase in the infrastructure to support these vehicles. Cumulative sales of ZEVs in California reached 1.1 million in the first quarter of 2022, with ZEVs accounting for 16% of new car sales. The Legislature has remained largely technology neutral on ZEVs, funding vehicle incentives for both FCEVs and BEVs and the required infrastructure, hydrogen fueling stations and EV charging stations, respectively.
Small element, big investment – As of November 2022, California has 62 hydrogen refueling stations in operation, with estimates that that number will surpass 100 stations, a benchmark set by AB 8 (Perea, Chapter 401, Statutes of 2013), in 2024.[2] Loftier goals for hydrogen fueling infrastructure development have also been set, headlined by an executive order establishing a goal of reaching 200 operational hydrogen fueling stations by 2025.[3] The one-time appropriation through the California Budget Act of 2021 of $1.1 billion across three fiscal years for ZEV infrastructure across light-, medium-, and heavy-duty sectors is anticipated to help the state reach the 200-station goal. The hydrogen stations currently operating in California have excess fueling capacity that is nearly quadruple the current demand from the approximately 12,000 FCEVs in the state.[4] CEC estimates that a network of 200 hydrogen stations would be capable of supporting about 273,000 light-duty FCEVs.[5]
The CTP has been central in the development of hydrogen fueling infrastructure. The program is administered by the CEC to provide funding for infrastructure and technologies that help the state transition to cleaner fuels and transportation. CARB also administers funding for ZEV infrastructure and vehicles, and the California Public Utilities Commission (CPUC) oversees ratepayer investments in EV infrastructure deployed through load serving entities. Under existing law, the CTP provides up to $100 million annually for clean transportation infrastructure and technology projects. The CEC identifies priorities for CTP funding through a regular investment plan and updates.
Despite considerable progress in hydrogen fueling buildout, the large amount of funding needed to open stations, permitting requirements, and construction times can create long lead times between the proposal of a hydrogen station and the opening of the station. Many hydrogen vehicle drivers have limited options for refueling, particularly in areas of California where fewer hydrogen stations have been built. While the lack of hydrogen refueling stations can discourage consumers from purchasing hydrogen vehicles, the lack of hydrogen vehicle purchases can lower market incentives for building additional hydrogen refueling stations.[6]
COMMENTS:
- Author’s Statement. According to the author, “Clean cars are key to California meeting our climate, clean air, and renewable energy goals. AB 1626 provides hydrogen station developers with aggregated and protected data to best inform placement of hydrogen fueling infrastructure. Specifically, this bill requires the California Energy Commission to gather and share fleet data that is already being collected by CARB and other agencies with hydrogen station developers to inform future station locations. AB 1626 is a common-sense step that aligns California’s grid-planning processes with the state’s ZEV, air quality, and climate goals.”
- Expanding on an existing framework. AB 2700 (McCarty, Chapter 354, Statutes of 2022) requires the CEC, in collaboration with CARB and the CPUC, to annually gather from state agencies specified entities’ fleet data and share that data with electrical corporations and POUs to inform electrical grid planning. This bill builds upon that information collection and data sharing framework, expanding it from focusing exclusively on BEVs to also include data relevant to FCEVs. The primary arguments in favor of this expansion focus on the potential for increased data-sharing to better inform the buildout of hydrogen fueling infrastructure, as well as leveling the playing field between BEV and FCEV support infrastructure development, in keeping with the Legislature’s general position to remain technology-neutral.
However, there are substantial concerns about applying a data-sharing framework designed for BEVs and utilities to a market of FCEVs and hydrogen fueling station developers. Data-sharing between state agencies and utilities occurs often and though an established, secure process. These data sharing process may not exist between state agencies and hydrogen station developers. Additionally, these companies may have different incentive structures than utilities which may dictate how they would use the information and may or may not have existing methods for safeguarding the shared data. There is also little assurance that the private hydrogen fueling developers are not, or would not, be engaged in private fleet operations, presenting a potential for market conflict should sensitive data about other private fleet operators be shared. Supporters of this bill cite existing data protections in statute prohibiting sharing information with third parties, but those protections do not address potential concern regarding the usage of private fleet data with the private fueling developers themselves. As such, the author and committee may wish to increase privacy protections in this measure by considering an amendment to add a subdivision excluding “personal information,” as defined in the Civil Code, from the data and information collected and shared with hydrogen developers.
- The bill tasks the CEC with gathering information that would enable the estimation of hydrogen fueling potential, which may be useful in determining where to build hydrogen fueling stations. However, the language outlining this function is vague. As such, the author and committee may wish to consider amendments to 25328. (b) (1) (D) to specify relevant state agencies, rather than “the public sector”, and clarify that the information is meant to estimate anticipated hydrogen fueling demand, rather than “capacity”, at each fleet location.
- The bill requires that the specified information should be aggregated prior to being collected by the CEC and that the data be aggregated again prior to release to developers of hydrogen fueling stations. Aggregating the data for sharing between state agencies would reduce the granularity of information shared, while seemingly providing minimal privacy benefits. Moreover, removing the aggregation requirement for data sharing between state agencies may reduce the cost of implementation and ease the burden on the specified agencies. As such, the author and committee may wish to consider amendments to 25328. (b) (1) (D) to strike “aggregated”, while retaining “aggregated” in 25328. (d).
- Related Legislation.
AB 673 (Bennett) requires the CEC to evaluate whether the project needs to also include access for light-duty vehicles when considering providing funding for projects for the construction and operation of hydrogen-fueling medium- and heavy-duty stations. Status: referred to the Assembly Committee on Natural Resources.
AB 1550 (Bennett) requires, on and after January 1, 2045, that all hydrogen produced and used in California for the generation of electricity or fueling of vehicles be green hydrogen. Status: set for hearing in this committee on April 12th, 2023.
AB 1711 (Juan Carrillo) requires the CEC to equitably allocate funds appropriated by the Legislature for purposes of achieving an accessible statewide hydrogen-fueling network and expanding an existing hydrogen-fueling network, as necessary, to specifically prioritize rural communities and low-income communities. Status: referred to the Assembly Committee on Transportation.
SB 493 (Min) requires the CEC to assess the electric and hydrogen infrastructure needed to meet the deadlines in Executive Order No. N-79-20 for the transition of medium- and heavy-duty vehicles to zero-emission vehicles. Status: referred to the Senate Committee on Environmental Quality.
- Prior Legislation.
AB 2700 (McCarty) requires the CEC, in collaboration with CARB and the CPUC, to annually gather from state agencies specified entities’ fleet data on medium- and heavy-duty vehicles and share that data with electrical corporations and POUs to help inform electrical grid planning efforts to support the state’s anticipated demand for electric vehicle charging. Status: Chapter 354, Statutes of 2022.
AB 8 (Perea) directs the CEC to allocate $20 million annually, not to exceed 20% of the funds appropriated by the Legislature, from the Clean Transportation Program to deploy hydrogen fueling stations until there are at least 100 publicly available stations in operation. Status: Chapter 401, Statutes of 2013.
REGISTERED SUPPORT / OPPOSITION:
Support
California Hydrogen Coalition – sponsor
Opposition
None on file
Analysis Prepared by: Samuel Mahanes / U. & E. / (916) 319-2083
Executive Order N-79-20 ↑
CEC; “2022–2023 Investment Plan Update for the Clean Transportation Program”; January 2023 ↑
Executive Order B-48-18 ↑
CEC and CARB; “Joint Agency Staff Report on Assembly Bill 8: 2022 Annual Assessment of Time and Cost Needed to Attain 100 Hydrogen Refueling Stations in California”; December 2022 ↑
CEC; “2022–2023 Investment Plan Update for the Clean Transportation Program”; January 2023 ↑
CEC; “Hydrogen Refueling Stations in California”; https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and-infrastructure-statistics/hydrogen-refueling#:~:text=Currently%20five%20Light%2DDuty%20Open,and%20Mountain%20View%20are%20TNO. ↑
Bill Author
Bill Co-Author(s):