Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency.

This bill would prohibit, until January 1, 2028, requiring electric vehicle supply equipment (EVSE) to be retested or placed in service by a service agency or sealer, if the EVSE has previously been placed in service by a service agency or sealer, before the EVSE is used after receiving maintenance, as specified.

Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency.

This bill would prohibit, until January 1, 2028, requiring electric vehicle supply equipment (EVSE) to be retested or placed in service by a service agency or sealer, if the EVSE has previously been placed in service by a service agency or sealer, before the EVSE is used after receiving maintenance, as specified.

Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency.

This bill would prohibit, until January 1, 2028, requiring electric vehicle supply equipment (EVSE) to be retested or placed in service by a service agent agency or sealer sealer, if the EVSE has previously been placed in service by a service agent agency or sealer sealer, before the EVSE is used after receiving routine repairs, maintenance, as defined. specified.

Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law requires the Secretary of Food and Agriculture to establish tolerances and specifications and other technical requirements for commercial weighing and measuring, as specified. Existing law requires that weighing and measuring devices be of a type or design approved by the department under a process known as type evaluation before they may be used for commercial purposes. Existing law also generally requires a weighing or measuring instrument to be tested and sealed before being used.

vehicle fuel. Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency. Under existing law, for purposes of weighing or measuring devices, the term placed in service means to permit the use of a device that has been tested and found to be correct, as specified, and type approved by the department. Existing law requires a person who engages in the business of repairing commercial weighing or measuring devices to be registered as a service agency.

This bill would provide that certain electric vehicle supply equipment devices are not required prohibit, until January 1, 2028, requiring electric vehicle supply equipment (EVSE) to be retested or placed in service by a service agency agent or sealer before use under certain circumstances, including, among others, if the device is not publicly available, as specified. if the EVSE has previously been placed in service by a service agent or sealer before the EVSE is used after receiving routine repairs, as defined.

Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law requires the Secretary of Food and Agriculture to establish tolerances and specifications and other technical requirements for commercial weighing and measuring, as specified. Existing law requires that weighing and measuring devices be of a type or design approved by the department under a process known as type evaluation before they may be used for commercial purposes. Existing law also generally requires a weighing or measuring instrument to be tested and sealed before being used.

This bill would authorize a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger to be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it is a type approved by the department, is calibrated and sealed by the manufacturer, and is unalterable.

Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency. Under existing law, for purposes of weighing or measuring devices, the term placed in service means to permit the use of a device that has been tested and found to be correct, as specified, and type approved by the department. Existing law requires a person who engages in the business of repairing commercial weighing or measuring devices to be registered as a service agency.

This bill would provide that certain electric vehicle supply equipment devices are not required to be placed in service by a service agency or sealer before use under certain circumstances, including, among others, if the device is not publicly available, as specified.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2453

Author:(Villapudua)

As Amended Ver:June 24, 2024

Majority vote

SUMMARY

Until January 1, 2028, allows electric vehicle supply equipment (EVSEs) to be placed back into service without being retested by a county sealer or service agent after receiving maintenance in a manner that does not affect the EVSE being correct.

Senate Amendments

Minor technical changes.

COMMENTS

Background. Over the next few years, California aims to make 250,000 commercial electric vehicle (EV) chargers available to EV owners across the state. Just as Californians trust gas pumps to accurately dispense fuel for internal combustion engine vehicles, these EV chargers will be expected to accurately dispense fuel – electricity – for EVs. County sealers and their nonpublic counterparts, the registered service agents (RSAs), are responsible for testing and verifying as correct all weighing and measuring devices in California. At present, there are 58 county sealers and 2,622 RSAs spread throughout the state – however, only 15 of California's 534 service agencies are certified and equipped to test EV chargers. The numbers simply do not add up: 15 service agencies and a handful of county sealers cannot install and maintain 250,000 EV chargers.

When a weighing or measuring device is installed for the first time, a sealer or RSA must test and verify it as correct before it can be used commercially. According to the sponsor of this bill, Chargepoint, the cost of testing a weighing and measuring device is approximately $500 per charging port (of which a single EV charger can have several) – expensive, but not entirely unreasonable for a one-time fee. However, state law also requires weighing and measuring devices to be retested each time they undergo repairs. A weighing and measuring device may be repaired many times over the course of its commercial life. The costs facing the owners and operators of these devices quickly add up.

With one hand California plans to install hundreds of thousands of EV chargers; with the other, it requires each of these chargers to be tested by a relatively small number of sealers and RSAs before their initial use and following each repair.

What this bill would do. This bill would attempt to bridge the gap between the state's ambitious goals and its limited capacity to realize those goals by exempting EV chargers from the requirement to be tested after receiving maintenance that is not expected to affect the correctness of a device.

Analysis. This bill presents a creative work-around for a common problem facing the owners and operators of EVSEs. However, it is ultimately a band-aid solution to a much more serious problem. In the near future, California will need to train and equip a dedicated workforce to maintain the electric vehicle infrastructure demanded by the state's ambitious climate goals.

According to the Author

As California continues to transform its transportation sector to be zero emission, we must do all that we can to ensure that we reduce any and all barriers inhibiting the rollout of much-needed infrastructure. The California Energy Commission has estimated that the state needs 1.01 million chargers by 2030. To achieve this, we must install approximately 359 chargers per day between January 1, 2024, and December 31, 2030. While a significant number of chargers have already been installed in the state, we still have much work to do. The experience of the industry indicates that the existing capacity for accuracy testing to meet DMS requirements is not sufficient to keep pace with the state's anticipated infrastructure needs. If nothing is done to address the bottleneck, the capacity constraints imposed by the scale of testing required will impede the state's transition to zero emission fuels.

While maintaining enforcement powers for County Sealers, the elimination of unnecessary testing requirements for charging stations that undergo routine maintenance or repair, will help to significantly reduce cost for maintenance and repairs for EV charging stations and encourage even greater rollout of this infrastructure by reducing the bottleneck that having to test for every routine repair instance causes, thus encouraging greater EV adoption.

Arguments in Support

Chargepoint writes:

AB 2453 is a commonsense measure that will help streamline the routine repair and maintenance of EV infrastructure in the state. This bill addresses a growing barrier to charging station repair, while simultaneously upholding consumer protections and county sealer enforcement authority. This includes a county's authority to require testing of charging stations at its discretion, or in response to consumer concern, the ability to require station registration and placed in service reports, as well as the ability for sealers to levy civil penalties if a station is found to be inaccurate.

Arguments in Opposition

Advanced Test Equipment Corporation writes:

In the case of AB-2453 and EVSE, periodic calibration would be nothing other than standard. Electronic equipment requires verification of its measurements if results expected are to be accurate. This bill is being driven by the OEMs for EV and EVSE that are looking to cut corners and costs by nullifying the need for re-calibration. I would recommend not approving AB-2453.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

No significant state costs.

VOTES:

ASM PRIVACY AND CONSUMER PROTECTION: 10-0-1

YES: Joe Patterson, Bryan, Dixon, Hoover, Irwin, Lowenthal, Ortega, Ward, Wicks, Wilson

ABS, ABST OR NV: Bauer-Kahan

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 71-0-9

YES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: June 24, 2024

CONSULTANT: Slater Sharp / P. & C.P. / (916) 319-2200 FN: 0005040

 THIRD READING  

Bill No: AB 2453

Author: Villapudua (D)

Amended: 6/24/24 in Senate

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 13-0, 7/1/24

AYES: Ashby, Nguyen, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Niello, Roth, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote

SUBJECT: Weights and measures: electric vehicle supply equipment

SOURCE: ChargePoint

DIGEST:

This bill exempts electric vehicle supply equipment (EVSE) from the requirement it is to be retested or placed into service by a service agency or sealer before the EVSE is used after receiving maintenance, as specified, until January 1, 2028.

ANALYSIS:

Existing law:

1. Provides for Department of Food and Agriculture (DFA) general enforcement supervision of the laws relating to weights and measures and measuring devices, and provides for the enforcement of those laws and the inspection and testing of measuring devices in each county by the county sealer. (Business and Professions Code (BPC §§ 12100, 12105)
   
2. Requires each sealer within his or her county to inspect, try and test all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing and measuring, and tools, appliances and accessories connected with any or all such instruments or measures, sold or used by any proprietor, agent, lessee or employee for commercial purposes, as defined. (BPC § 12210(a))
   
3. Defines “correct” for purposes of weighing and measuring devices to mean any weight or measure or weighing or measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary of the DFA pursuant to the secretary’s requirement to establish tolerances and specifications and other technical requirements for commercial weighing and measuring. (BPC § 12500(c))
   
4. Defines “incorrect” to mean any instrument that fails to meet all of the requirements pursuant to the secretary’s requirement to establish tolerances and specifications and other technical requirements for commercial weighing and measuring. (BPC § 12500(d))
   
5. Authorizes a sealer to levy a civil penalty against a person who violates the laws pertaining to weights and measures in the BPC, of not more than $1,000 for each violation, as specified, and requires before the civil penalty is levied, the person charged with the violation be given a written notice of the proposed action including the nature of the violation and the amount of the proposed penalty and that the cited person has the right to request a hearing, as specified. (BPC § 12015.3(a)(b))
   
6. Prohibits a person from engaging in business as a service agency unless the person is registered by the Secretary of the DFA, as specified. (BPC § 12532(a))
   
7. States that a device may only be placed in service by a sealer or service agency, and a device used by a public utility in connection with measuring gas, electricity, water, steam or communication services subject to the jurisdiction of the Public Utility Company (PUC) is exempt from the requirements for service agencies. (BPC § 12532(d))
   

This bill:

1. Until January 1, 2028, specifies that if an EVSE has been placed in service by a service agency or sealer, the EVSE is not required to be retested or placed in service by a service agency or sealer before the EVSE is used after receiving maintenance in manner that does not affect the EVSE being correct.
   
2. Defines “ESVE” or “electric vehicle supply equipment” to mean a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging sessions and that includes a measuring instrument.
   

Background

Enforcement of California's weights and measures laws and regulations is the responsibility of the Division of Measurement Standards (DMS) under the DFA. The DMS works with county sealers of weights and measures who, under the supervision and direction of the Secretary of DFA, carry out many of the weights and measures inspection and enforcement activities at the local level. County weights and measures officials inspect and test packaged commodities and all commercially used devices. Weights and measures officials have the authority to issue citations for misdemeanor and infraction violations involving weights and measures laws. DFA is required to adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing apparatus in the state.

County sealers of weights and measures, are appointed by their respective county boards of supervisors, and are responsible for verifying that all commercial scaling and volumetric measuring devices are providing accurate readings, to ensure that customers pay the correct amount for the product they are purchasing. County sealers regulate a significant number of weighing devices including petroleum fuel meters, utility submeters, odometers, taximeters, LPG meters, and all grocery, butchery, jewelry, postal, vehicle, luggage and shipping scales. These weighing devices are tested for accuracy and inspected to determine if they are appropriate for their intended use, and provide accurate readings.

Once the accuracy of the device is determined, the inspector certifies the device by affixing a paper seal to it. If a device is inaccurate, the county sealer requires the device be removed from use until serviced, repaired and recalibrated. ESVEs fall under the list of devices that are subject to the jurisdiction of the county sealers, unless they are owned and operated by local government entities.

As a part of the oversight of weighing devices, there is a Registered Service Agency (RSA) program under the jurisdiction of the DFA, which is responsible for registering service agencies and their employees. Because a county employs a single county sealer, and these individuals are responsible for overseeing a great number of weighing and measuring devices, in 1999, AB 376 (Floyd, Chapter 364, Statutes of 1999) established a licensing scheme that allows independent “RSAs” to repair weighing and measuring devices. Unlike county sealers whose fees for services are specified in statute, RSA are able to set their fees independently.

RSAs are those businesses who, repair commercial weighing and measuring devices. An RSA can be a business, person, firm, corporation or association. RSAs are required to register with the CDFA and pay a registration fee for the primary location and each additional location. RSAs must also pay a fee to DFA for each service agent employed by the RSA. An agent, as an employee of an RSA, is permitted to install, service, repair or recondition commercial weighing or measuring devices, including electric vehicle charging stations. Under current law, (BPC § 12533) a service agency is required to possess (or have available for use) certified standards and testing equipment. Standards certification must be performed at least every two years, either by the DMS, or by another accredited entity. Metrology calibration reports/certificates must be submitted at the time of registration, to document that an Agency has suitable and sufficient standards to install and repair commercial weighing and measuring devices in California.

Under current practice, according to the author, current law requires that any time a charging station undergoes any form of repair, including maintenance, adjustment, reconditioning, or servicing, an RSA or a County Sealer must test the device again to ensure meter accuracy and place it into service before the charging station can be brought back online for use by electric vehicle drivers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/5/24)

ChargePoint (source)

CALSTART
Electric Vehicle Charging Association

Valley CAN

TESLA

OPPOSITION: (Verified 8/5/24)

Registered Service Agency Advisory Committee

ARGUMENTS IN SUPPORT: Supporters not generally that this bill will help facilitate a more streamlined charging infrastructure deployment across California and assist in creating a pace and scale on infrastructure needed to meet the state’s goals.

ARGUMENTS IN OPPOSITION: Opponents note that this bill removes business from established registered service agencies, and place a regulatory burden on County Weights and Measures Officials.

ASSEMBLY FLOOR: 71-0, 5/16/24

AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis

Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104

8/7/24 13:38:26

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Angelique Ashby, Chair

2023 - 2024 Regular

Bill No: AB 2453 Hearing Date: July 1, 2024

Subject: Weights and measures: electric vehicle supply equipment

SUMMARY:

Exempts electric vehicle supply equipment (EVSE) from a requirement to be retested or placed in service by a service agency or sealer before the EVSE is used after receiving maintenance, as specified, until January 1, 2028.

Existing law:

1. Provides for Department of Food and Agriculture (DFA) general enforcement supervision of the laws relating to weights and measures and measuring devices, and provides for the enforcement of those laws and the inspection and testing of measuring devices in each county by the county sealer. (Business and Professions Code (BPC § 12100, 12105)
   
2. Requires the DFA to investigate conditions in the various counties and cities in respect to weights and measures, and to the sale of goods, wares and merchandise, commodities, and foodstuffs in containers. (BPC § 12101)
   
3. Requires the Secretary of the DFA to adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing and measuring apparatus in the state. (BPC § 12212(b))
4. Establishes in each county, an office of county sealer of weights and measures. The county sealer is appointed by the board of supervisors except in charter counties, and the term of office is four years, as specified. (BPC § 12200)
   
5. Authorizes a county sealer, with the consent of the appointing authority, to appoint deputies or inspectors when necessary or expedient to carry out the duties of the office, and serve at the pleasure of the county sealer. (BPC § 12200)
   
6. Requires each sealer within his or her county to inspect, try and test all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing and measuring, and tools, appliances and accessories connected with any or all such instruments or measures, sold or used by any proprietor, agent, lessee or employee for commercial purposes, as defined. (BPC § 12210(a))
   
7. Prohibits any person from engaging in the business as a service agency unless the person is registered by the Secretary of Food and Agriculture and the current registration fee and any penalty has been paid. (BPC § 12532(a))
   
8. Defines “correct” for purposes of weighing and measuring devices to mean any weight or measure or weighing or measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary of the DFA pursuant to the secretary’s requirement to establish tolerances and specifications and other technical requirements for commercial weighing and measuring. (BPC § 12500(c))
   
9. Defines “incorrect” to mean any instrument that fails to meet all of the requirements pursuant to the secretary’s requirement to establish tolerances and specifications and other technical requirements for commercial weighing and measuring. (BPC § 12500(d))
   
10. Authorizes a sealer to levy a civil penalty against a person who violates the laws pertaining to weights and measures in the BPC, of not more than $1,000 for each violation, as specified, and requires before the civil penalty is levied, the person charged with the violation be given a written notice of the proposed action including the nature of the violation and the amount of the proposed penalty and that the cited person has the right to request a hearing, as specified. (BPC § 12015.3(a)(b))
    
11. Defines the following:
    
12. “Service agency” to mean a person that for hire, award, commission, or any other payment of any kind, repairs a commercial device.
13. “Service agent” to mean a person employed by a service agency to repair a commercial device.
14. “Device” to mean a weighing or measuring equipment, contrivance, or instrument used, or designed to be used, for determining weight or measure, and includes any tool, appliance, or accessory used in connection therewith, that is used for commercial purposes, as defined. (BPC § 12531)
    
15. Prohibits a person from engaging in business as a service agency unless the person is registered by the Secretary of the CDFA, as specified. (BPC § 12532(a))
    
16. States that a device may only be placed in service by a sealer or service agency, and a device used by a public utility in connection with measuring gas, electricity, water, steam or communication services subject to the jurisdiction of the Public Utility Company (PUC) is exempt from the requirements for service agencies. (BPC § 12532(d))
    
17. Authorizes a service agency’s authorization to place devices into service, or to remove, out-of-order notices may be suspended by a county sealer, within their own county, pursuant to notice and hearing, as specified. (BPC § 12543)
    

This bill:

1. Until January 1, 2028, specifies that if an EVSE has previously been placed in service by a service agency or sealer, the EVSE is not required to be retested or placed in service by a service agency or sealer before the EVSE is used after receiving maintenance in manner that does not affect the EVSE being correct. .
   
2. Defines “ESVE” or “electric vehicle supply equipment” to mean a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging sessions and that includes a measuring instrument.
   

FISCAL EFFECT:

According to the Assembly Committee on Appropriations, this bill will not result in significant state costs.

COMMENTS:

1. Purpose. ChargePoint is the sponsor of this bill. According to the author, “The problem with current law is the lack of differentiation between repairs that impact the accuracy of a charging station’s meter and those that do not. Current law requires a charging station to be retested and placed back in service after repair activities that do not impact the meter from being correct such as: cleaning off graffiti, replacing a connector clip, cleaning the station, etc.”
2. Background.

Division of Weights and Measures, County Sealers, and Registered Service Agencies and Agents. Enforcement of California's weights and measures laws and regulations is the responsibility of the Division of Measurement Standards (DMS) under the DFA. The DMS works with county sealers of weights and measures who, under the supervision and direction of the Secretary of DFA, carry out many of the weights and measures inspection and enforcement activities at the local level. County weights and measures officials inspect and test packaged commodities and all commercially used devices. Weights and measures officials have the authority to issue citations for misdemeanor and infraction violations involving weights and measures laws. DFA is required to adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing apparatus in the state.

County sealers of weights and measures, are appointed by their respective county boards of supervisors, and are responsible for verifying that all commercial scaling and volumetric measuring devices are providing accurate readings, to ensure that customers pay the correct amount for the product they are purchasing. County sealers regulate a significant number of weighing devices including petroleum fuel meters, utility submeters, odometers, taximeters, LPG meters, and all grocery, butchery, jewelry, postal, vehicle, luggage and shipping scales. These weighing devices are tested for accuracy and inspected to determine if they are appropriate for their intended use, and provide accurate readings. When consumers purchase gasoline from a gas pump, or vegetables are weighed at the supermarket, the role of county sealers is to ensure that the price paid by the consumer is accurate for the product purchased. A scale or other type of weighing device that is not operating correctly can result in overpayment by consumers or consumers receiving less of the product.

Once the accuracy of the device is determined, the inspector certifies the device by affixing a paper seal to it. If a device is inaccurate, the county sealer requires the device be removed from use until serviced, repaired and recalibrated. Electrical Vehicle Charging Stations fall under the list of devices that are subject to the jurisdiction of the county sealers, unless they are owned and operated by local government entities.

As a part of the oversight of weighing devices, there is a Registered Service Agency program under the jurisdiction of the CDFA, which is responsible for registering service agencies and their employees. Because a county employs a single county sealer, and these individuals are responsible for overseeing a great number of weighing and measuring devices, in 1999, AB 376 (Floyd, 1999) established a licensing scheme that allows independent “RSAs” to repair weighing and measuring devices. Unlike county sealers whose fees for services are specified in statute, RSA are able to set their fees independently.

Registered Service Agencies (RSA) are those businesses who, repair commercial weighing and measuring devices. An RSA can be a business, person, firm, corporation or association. RSAs are required to register with the CDFA and pay a registration fee for the primary location and each additional location. RSAs must also pay a fee to CDFA for each service agent employed by the RSA. East agent employed must pass an examination offered by the CDFA with a 70% in order to provide services. RSAs are in greater numbers than county sealers and can utilize their numbers to more swiftly inspect and verify weighing devices.

An agent, as an employee of an RSA, is permitted to install, service, repair or recondition commercial weighing or measuring devices, including electric vehicle charging stations. Under current law, (BPC § 12533) a service agency is required to possess (or have available for use) certified standards and testing equipment. Standards certification must be performed at least every two years, either by the DMS, or by another accredited entity. Metrology calibration reports/certificates must be submitted at the time of registration, to document that an Agency has suitable and sufficient standards to install and repair commercial weighing and measuring devices in California.

Under current practice, according to the author, current law requires that any time a charging station undergoes any form of repair, including maintenance, adjustment, reconditioning, or servicing, an RSA or a County Sealer must test the device again to ensure meter accuracy and place it into service before the charging station can be brought back online for use by electric vehicle drivers.

With respect to electric vehicle charging stations, the author and sponsor are attempting to differentiate those repairs of a charging system, which affect the measurement operations of the and those repairs that are not directly related to the function of the metrology equipment. EV chargers have a number of parts and functions unrelated to their ability to accurately measure electricity. As noted by the sponsor, Chargepoint, “To conduct this retest, owners and operators of EV charging stations will incur a $400-500 charge per port and will have to wait to bring the charging station back online until an RSA is available to come out and retest the charging station. Clarifying that routine maintenance and repairs do not require stations to be placed back into service by an RSA and retested will remove unnecessary burdens on charging station owners and operators and will help get chargers back in service quicker.

EV chargers must be tested and verified as correct by a county sealer or RSA each time they are repaired. A given charger is installed only once, but may be repaired many times over the course of its life.

EVs and Electric Vehicle Charging Stations. There are three commonly referenced types of charging for electric vehicles: Level 1, Level 2, and Level 3. Level 1 chargers are those typically found in residential homes and utilize the home energy system and typically result in a slower charge. Level 2 systems are found in both residential and at third party operated charging stations. Level 2 chargers offer a faster charge than Level 1, but are slower than the Level 3. Level 3 are typically referred to as DCFA or DC chargers. These are considered “fast” chargers. Publicly owned charging stations and privately owned Level 2 and 3 charger station operators may charge consumers for use.

According to the CEC, “the state has goals of getting 1.5 million zero-emission vehicles (ZEVs) onto California roads by 2025, 5 million by 2030, and 100% of all in-state sales of zero-emission passenger cars and trucks by 2035. In order to meet these goals, reliable and accessible charging infrastructure is paramount.”

The CEC further notes on its website, “it is the lead state agency working to invest in the infrastructure to charge electric vehicles, which are available in plug-in hybrid electric, and battery electric configurations. Through the clean transportation program, formerly known as the Alternative and Renewable Fuel and Vehicle Technology Program, the CEC invests up to $100 million annually in a broad portfolio of transportation and fuel transportation projects throughout the state. The CEC leverages public and private investments to support adoption of cleaner transportation powered by alternative and renewable fuels.”

1. Related Legislation. AB 2037 (Papan of 2024) Authorizes a county sealer to test and verify any electric vehicle charger operated by a public agency located in a county in which the sealer has jurisdiction; authorizes a county sealer to place a deficient vehicle charger out of order; and, establishes penalties for anyone who removes or destroys a tag noting deficiencies in the tolerances and specifications and other technical requirements for commercial weighing and measuring deficiencies on an electric vehicle charger placed by the county sealer. (Status: This bill is pending in the Senate Committee on Judiciary.)
2. Arguments in Support. ChargePoint writes in support and notes, “AB 2453 facilitates a more streamlined charging infrastructure deployment across California and is a key to achieving the pace and scale on infrastructure needed to meet the state’s goals.”

CALSTART and the Electric Vehicle Charging Association write in support, “This bill will ensure that consumer protection is upheld because it retains a county’s authority under current law to require regular testing at its discretion, and if a consumer ever complains that they are concerned the metrology is inaccurate, a retest of the charging station is automatically triggered. Lastly, AB 2453 is an important first step to increase the number of EV charging stations in the state by removing unnecessary barriers that are costly and time consuming.”

Valley CAN writes in support and notes, “AB 2453 is a common sense approach to increase charging station uptime by reducing costly and unnecessary delays during the testing process. For these reasons, we request your “aye” vote when heard in Committee.”

1. Arguments in Opposition. The Registered Service Agency Advisory Committee is opposed unless amended and notes, “This legislation will promote uncertainty in the marketplace, remove business from established registered service agencies, and place a regulatory burden on County Weights and Measures Officials.”

SUPPORT AND OPPOSITION:

Support:

ChargePoint (sponsor)

CALSTART
Electric Vehicle Charging Association

Valley CAN

Opposition:

Registered Service Agency Advisory Committee

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Angelique Ashby, Chair

2023 - 2024 Regular

Bill No: Hearing Date: July 1, 2024

Subject:

SUMMARY:

Exempts electric vehicle supply equipment (EVSE) from a requirement to be retested or placed in service by a service agency or sealer before the EVSE is used after receiving maintenance, as specified, until January 1, 2028.

Existing law:

1. Provides for Department of Food and Agriculture (DFA) general enforcement supervision of the laws relating to weights and measures and measuring devices, and provides for the enforcement of those laws and the inspection and testing of measuring devices in each county by the county sealer. (Business and Professions Code (BPC § 12100, 12105)
   
2. Requires the DFA to investigate conditions in the various counties and cities in respect to weights and measures, and to the sale of goods, wares and merchandise, commodities, and foodstuffs in containers. (BPC § 12101)
   
3. Requires the Secretary of the DFA to adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing and measuring apparatus in the state. (BPC § 12212(b))
4. Establishes in each county, an office of county sealer of weights and measures. The county sealer is appointed by the board of supervisors except in charter counties, and the term of office is four years, as specified. (BPC § 12200)
   
5. Authorizes a county sealer, with the consent of the appointing authority, to appoint deputies or inspectors when necessary or expedient to carry out the duties of the office, and serve at the pleasure of the county sealer. (BPC § 12200)
   
6. Requires each sealer within his or her county to inspect, try and test all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing and measuring, and tools, appliances and accessories connected with any or all such instruments or measures, sold or used by any proprietor, agent, lessee or employee for commercial purposes, as defined. (BPC § 12210(a))
   
7. Prohibits any person from engaging in the business as a service agency unless the person is registered by the Secretary of Food and Agriculture and the current registration fee and any penalty has been paid. (BPC § 12532(a))
   
8. Defines “correct” for purposes of weighing and measuring devices to mean any weight or measure or weighing or measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary of the DFA pursuant to the secretary’s requirement to establish tolerances and specifications and other technical requirements for commercial weighing and measuring. (BPC § 12500(c))
   
9. Defines “incorrect” to mean any instrument that fails to meet all of the requirements pursuant to the secretary’s requirement to establish tolerances and specifications and other technical requirements for commercial weighing and measuring. (BPC § 12500(d))
   
10. Authorizes a sealer to levy a civil penalty against a person who violates the laws pertaining to weights and measures in the BPC, of not more than $1,000 for each violation, as specified, and requires before the civil penalty is levied, the person charged with the violation be given a written notice of the proposed action including the nature of the violation and the amount of the proposed penalty and that the cited person has the right to request a hearing, as specified. (BPC § 12015.3(a)(b))
    
11. Defines the following:
    
12. “Service agency” to mean a person that for hire, award, commission, or any other payment of any kind, repairs a commercial device.
13. “Service agent” to mean a person employed by a service agency to repair a commercial device.
14. “Device” to mean a weighing or measuring equipment, contrivance, or instrument used, or designed to be used, for determining weight or measure, and includes any tool, appliance, or accessory used in connection therewith, that is used for commercial purposes, as defined. (BPC § 12531)
    
15. Prohibits a person from engaging in business as a service agency unless the person is registered by the Secretary of the CDFA, as specified. (BPC § 12532(a))
    
16. States that a device may only be placed in service by a sealer or service agency, and a device used by a public utility in connection with measuring gas, electricity, water, steam or communication services subject to the jurisdiction of the Public Utility Company (PUC) is exempt from the requirements for service agencies. (BPC § 12532(d))
    
17. Authorizes a service agency’s authorization to place devices into service, or to remove, out-of-order notices may be suspended by a county sealer, within their own county, pursuant to notice and hearing, as specified. (BPC § 12543)
    

This bill:

1. Until January 1, 2028, specifies that if an EVSE has previously been placed in service by a service agency or sealer, the EVSE is not required to be retested or placed in service by a service agency or sealer before the EVSE is used after receiving maintenance in manner that does not affect the EVSE being correct. .
   
2. Defines “ESVE” or “electric vehicle supply equipment” to mean a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging sessions and that includes a measuring instrument.
   

FISCAL EFFECT:

According to the Assembly Committee on Appropriations, this bill will not result in significant state costs.

COMMENTS:

1. Purpose. ChargePoint is the sponsor of this bill. According to the author, “The problem with current law is the lack of differentiation between repairs that impact the accuracy of a charging station’s meter and those that do not. Current law requires a charging station to be retested and placed back in service after repair activities that do not impact the meter from being correct such as: cleaning off graffiti, replacing a connector clip, cleaning the station, etc.”
2. Background.

Division of Weights and Measures, County Sealers, and Registered Service Agencies and Agents. Enforcement of California's weights and measures laws and regulations is the responsibility of the Division of Measurement Standards (DMS) under the DFA. The DMS works with county sealers of weights and measures who, under the supervision and direction of the Secretary of DFA, carry out many of the weights and measures inspection and enforcement activities at the local level. County weights and measures officials inspect and test packaged commodities and all commercially used devices. Weights and measures officials have the authority to issue citations for misdemeanor and infraction violations involving weights and measures laws. DFA is required to adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing apparatus in the state.

County sealers of weights and measures, are appointed by their respective county boards of supervisors, and are responsible for verifying that all commercial scaling and volumetric measuring devices are providing accurate readings, to ensure that customers pay the correct amount for the product they are purchasing. County sealers regulate a significant number of weighing devices including petroleum fuel meters, utility submeters, odometers, taximeters, LPG meters, and all grocery, butchery, jewelry, postal, vehicle, luggage and shipping scales. These weighing devices are tested for accuracy and inspected to determine if they are appropriate for their intended use, and provide accurate readings. When consumers purchase gasoline from a gas pump, or vegetables are weighed at the supermarket, the role of county sealers is to ensure that the price paid by the consumer is accurate for the product purchased. A scale or other type of weighing device that is not operating correctly can result in overpayment by consumers or consumers receiving less of the product.

Once the accuracy of the device is determined, the inspector certifies the device by affixing a paper seal to it. If a device is inaccurate, the county sealer requires the device be removed from use until serviced, repaired and recalibrated. Electrical Vehicle Charging Stations fall under the list of devices that are subject to the jurisdiction of the county sealers, unless they are owned and operated by local government entities.

As a part of the oversight of weighing devices, there is a Registered Service Agency program under the jurisdiction of the CDFA, which is responsible for registering service agencies and their employees. Because a county employs a single county sealer, and these individuals are responsible for overseeing a great number of weighing and measuring devices, in 1999, AB 376 (Floyd, 1999) established a licensing scheme that allows independent “RSAs” to repair weighing and measuring devices. Unlike county sealers whose fees for services are specified in statute, RSA are able to set their fees independently.

Registered Service Agencies (RSA) are those businesses who, repair commercial weighing and measuring devices. An RSA can be a business, person, firm, corporation or association. RSAs are required to register with the CDFA and pay a registration fee for the primary location and each additional location. RSAs must also pay a fee to CDFA for each service agent employed by the RSA. East agent employed must pass an examination offered by the CDFA with a 70% in order to provide services. RSAs are in greater numbers than county sealers and can utilize their numbers to more swiftly inspect and verify weighing devices.

An agent, as an employee of an RSA, is permitted to install, service, repair or recondition commercial weighing or measuring devices, including electric vehicle charging stations. Under current law, (BPC § 12533) a service agency is required to possess (or have available for use) certified standards and testing equipment. Standards certification must be performed at least every two years, either by the DMS, or by another accredited entity. Metrology calibration reports/certificates must be submitted at the time of registration, to document that an Agency has suitable and sufficient standards to install and repair commercial weighing and measuring devices in California.

Under current practice, according to the author, current law requires that any time a charging station undergoes any form of repair, including maintenance, adjustment, reconditioning, or servicing, an RSA or a County Sealer must test the device again to ensure meter accuracy and place it into service before the charging station can be brought back online for use by electric vehicle drivers.

With respect to electric vehicle charging stations, the author and sponsor are attempting to differentiate those repairs of a charging system, which affect the measurement operations of the and those repairs that are not directly related to the function of the metrology equipment. EV chargers have a number of parts and functions unrelated to their ability to accurately measure electricity. As noted by the sponsor, Chargepoint, “To conduct this retest, owners and operators of EV charging stations will incur a $400-500 charge per port and will have to wait to bring the charging station back online until an RSA is available to come out and retest the charging station. Clarifying that routine maintenance and repairs do not require stations to be placed back into service by an RSA and retested will remove unnecessary burdens on charging station owners and operators and will help get chargers back in service quicker.

EV chargers must be tested and verified as correct by a county sealer or RSA each time they are repaired. A given charger is installed only once, but may be repaired many times over the course of its life.

EVs and Electric Vehicle Charging Stations. There are three commonly referenced types of charging for electric vehicles: Level 1, Level 2, and Level 3. Level 1 chargers are those typically found in residential homes and utilize the home energy system and typically result in a slower charge. Level 2 systems are found in both residential and at third party operated charging stations. Level 2 chargers offer a faster charge than Level 1, but are slower than the Level 3. Level 3 are typically referred to as DCFA or DC chargers. These are considered “fast” chargers. Publicly owned charging stations and privately owned Level 2 and 3 charger station operators may charge consumers for use.

According to the CEC, “the state has goals of getting 1.5 million zero-emission vehicles (ZEVs) onto California roads by 2025, 5 million by 2030, and 100% of all in-state sales of zero-emission passenger cars and trucks by 2035. In order to meet these goals, reliable and accessible charging infrastructure is paramount.”

The CEC further notes on its website, “it is the lead state agency working to invest in the infrastructure to charge electric vehicles, which are available in plug-in hybrid electric, and battery electric configurations. Through the clean transportation program, formerly known as the Alternative and Renewable Fuel and Vehicle Technology Program, the CEC invests up to $100 million annually in a broad portfolio of transportation and fuel transportation projects throughout the state. The CEC leverages public and private investments to support adoption of cleaner transportation powered by alternative and renewable fuels.”

1. Related Legislation. AB 2037 (Papan of 2024) Authorizes a county sealer to test and verify any electric vehicle charger operated by a public agency located in a county in which the sealer has jurisdiction; authorizes a county sealer to place a deficient vehicle charger out of order; and, establishes penalties for anyone who removes or destroys a tag noting deficiencies in the tolerances and specifications and other technical requirements for commercial weighing and measuring deficiencies on an electric vehicle charger placed by the county sealer. (Status: This bill is pending in the Senate Committee on Judiciary.)
2. Arguments in Support. CALSTART and the Electric Vehicle Charging Association write in support, “This bill will ensure that consumer protection is upheld because it retains a county’s authority under current law to require regular testing at its discretion, and if a consumer ever complains that they are concerned the metrology is inaccurate, a retest of the charging station is automatically triggered. Lastly, AB 2453 is an important first step to increase the number of EV charging stations in the state by removing unnecessary barriers that are costly and time consuming.”

Valley CAN writes in support and notes, “AB 2453 is a common sense approach to increase charging station uptime by reducing costly and unnecessary delays during the testing process. For these reasons, we request your “aye” vote when heard in Committee.”

1. Arguments in Opposition. The Registered Service Agency Advisory Committee is opposed unless amended and notes, “This legislation will promote uncertainty in the marketplace, remove business from established registered service agencies, and place a regulatory burden on County Weights and Measures Officials.”

SUPPORT AND OPPOSITION:

Support:

CALSTART, INC.
Electric Vehicle Charging Association

Valley CAN

Opposition:

Registered Service Agency Advisory Committee

-- END --

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2453

Author:(Villapudua) – As Amended Ver:April 18, 2024

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

SUMMARY:

This bill temporarily exempts, until 2028, a specified electric vehicle (EV) charger from retesting and service requirements after the EV charger is placed in service by a service agent or sealer and undergoes routine repairs.

FISCAL EFFECT:

No significant state costs.

COMMENTS:

1. Purpose. According to the author:

The experience of the industry indicates that the existing capacity for accuracy testing to meet DMS requirements is not sufficient to keep pace with the state’s anticipated infrastructure needs. If nothing is done to address the bottleneck, the capacity constraints imposed by the scale of testing required will impede the state’s transition to zero emission fuels. While maintaining enforcement powers for County Sealers, the elimination of unnecessary testing requirements for charging stations that undergo routine maintenance or repair, will help to significantly reduce cost for maintenance and repairs for EV charging stations and encourage even greater rollout of this infrastructure by reducing the bottleneck that having to test for every routine repair instance causes, thus encouraging greater EV adoption.

1. Background. A county sealer is responsible for inspecting and testing commercial scaling and volumetric measuring devices to ensure the devices provide accurate readings and are appropriate for their intended uses. If a device passes the sealer’s inspection, the sealer affixes a seal to the device to certify its accuracy to the public. Devices like EV chargers, gasoline dispensers, pharmacy and deli counter scales, and odometers on ambulances are certified by county sealers. Registered service agents (RSAs) are also authorized to inspect and place into service measuring devices that have been deemed acceptable for public use.

Currently, EV chargers must be tested and verified by a county sealer or RSA each time they are repaired. As noted in the analysis of this bill by the Assembly Committee on Privacy and Consumer Protection, there are 58 county sealers and 2,622 RSAs in California, but only 15 of California’s 534 service agencies are certified and equipped to test EV chargers. As more consumers purchase electric vehicles and more EV chargers are installed statewide, there are not enough RSAs and sealers to manage the increased workload. This bill seeks to alleviate this issue by pausing, until 2028, the requirement that an EV charger be retested and placed back into service by a sealer or RSA before it may be used again. The bill is sponsored by ChargePoint, a company that operates numerous EV charging stations in California and across the country.

1. Related Legislation. AB 2037 (Papan) gives county sealers authority to inspect and verify the accuracy of publicly-owned EV chargers. AB 2037 is pending on the Assembly Floor.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Rebecca Bauer-Kahan, Chair

ABPCA Bill Id:AB 2453 (

Author:Villapudua) – As Introduced Ver:February 13, 2024

SUBJECT: Weights and measures: electric vehicle chargers and electric vehicle supply equipment

SYNOPSIS

Over the next few years, California aims to make 250,000 commercial electric vehicle (EV) chargers available to EV owners across the state. Just as Californians trust gas pumps to accurately dispense fuel for internal combustion engine vehicles, these EV chargers will be expected to accurately dispense fuel – electricity – for EVs. County sealers and their nonpublic counterparts, the registered service agents (RSAs), are responsible for testing and verifying as correct all weighing and measuring devices in California. At present, there are 58 county sealers and 2,622 RSAs spread throughout the state – however, only 15 of California’s 534 service agencies are certified and equipped to test EV chargers. The numbers simply do not add up: 15 service agencies and a handful of county sealers cannot install and maintain 250,000 EV chargers.

When a weighing or measuring device is installed for the first time, a sealer or RSA must test and verify it as correct before it can be used commercially. According to the sponsor of this bill, Chargepoint, the cost of testing a weighing and measuring device is approximately $500 per charging port (of which a single EV charger can have several) – expensive, but not entirely unreasonable for a one-time fee. However, state law also requires weighing and measuring devices to be retested each time they undergo repairs. A weighing and measuring device may be repaired many times over the course of its commercial life. The costs facing the owners and operators of these devices quickly add up.

With one hand California plans to install hundreds of thousands of EV chargers; with the other, it requires each of these chargers to be tested by a relatively small number of sealers and RSAs before their initial use and following each repair. This bill would attempt to bridge the gap between the state’s ambitious goals and its limited capacity to realize those goals by exempting EV chargers from the requirement to be tested after receiving what the bill calls “routine maintenance” – in other words, maintenance that is not expected to affect the correctness of a device. This is a creative work-around, but ultimately a band-aid solution to a much more serious problem. In the near future, California will need to train and equip a dedicated workforce to maintain the infrastructure demanded by the state’s ambitious climate goals.

This bill is sponsored by Chargepoint and supported by a number of EV charging organizations and EV manufacturers. It is opposed by Advanced Test Equipment Corporation.

SUMMARY: Until January 1, 2028, allows “electric vehicle supply equipment” (EVSE) to be used commercially after undergoing routine repairs that do not affect the EVSE being correct, without requiring the EVSE to first be placed into service by a county sealer or RSA. Specifically, this bill:

1. Defines EVSE to mean a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument.
2. Defines “routine repairs” to mean maintaining, adjusting, reconditioning, or serving an EVSE in a manner that does not affect the EVSE being correct.
3. Allows an EVSE that has previously been placed into service by a county sealer or RSA to be used commercially without needing to again be placed into service after undergoing routine repairs.
4. Remains in effect only until January 1, 2028.

EXISTING LAW:

1. Establishes in each county the office of county sealer of weights and measures. (Bus. & Prof. Code § 12200.)
2. Extends the jurisdiction of a county sealer to the entire territorial limits of their county. (Bus. & Prof. Code § 12206.)
3. Requires a county sealer to test all weighing or measurement devices and accessories used for commercial purposes within their jurisdiction. (Bus. & Prof. Code § 12210.)
4. Allows a county to collect a fee from an owner or user of a commercial weighing and measuring device if each of the following criteria are met:
5. The county inspects or tests the weighing or measuring device at the request of the owner or user of the device.
6. The inspection or testing could legally be performed by an RSA.
7. Collection of the fee is authorized by the county board of supervisors. (Bus. & Prof. Code § 12210.5.)
8. Limits how much county sealers can charge for their services. (Bus & Prof. Code § 12240.)
9. Prohibits the use of commercial weighing and measuring devices that is not of a type approved by the Department of Food and Agriculture. (Bus & Prof. Code § 12500.5.)
10. Requires any person who uses a weighing or measuring device for commercial purposes to have the device sealed before use, unless the device has been sealed before sale. (Bus & Prof. Code § 12501.1.)
11. Allows a sealer to mark an incorrect weighing or measuring device with an “out-of-order” tag if they are capable of being repaired. (Bus & Prof. Code § 12506.)
12. Prohibits the use of weighing and measuring devices that have been marked “out-of-order,” and grants the owners of these devices 30 days to repair or correct them. (Bus & Prof. Code § 12507.)
13. Requires a county sealer to remove an “out-of-order” tag from a device they reinspect and find correct. Requires the county sealer to seal and mark the device accordingly. (Bus & Prof. Code § 12509.)
14. Allows any weighing or measuring device that has been sealed to be used without further testing for a specified duration. (Bus & Prof. Code § 12511.)
15. Allows any weighing and measuring device found correct by an RSA to be used commercially pending reinspection by a county sealer. (Bus & Prof. Code § 12511.1.)
16. Requires a person who has made repairs or adjustments to a weighing or measuring instrument, or who has sold, rented, leased, loaned, or installed an instrument, to notify a county sealer with 24 hours of doing so. (Bus & Prof. Code § 12515.)
17. Defines “service agency” and “RSA.” (Bus & Prof. Code § 12531.)
18. Allows an RSA to register with the Secretary of Food and Agriculture. Requires that a device may only be placed in service by a county sealer or RSA. (Bus & Prof. Code § 12532.)

FISCAL EFFECT: As currently in print, this bill is keyed fiscal.

COMMENTS:

1. County sealers and Registered service agents (RSAs). Each of California’s 58 counties employs a county sealer to oversee the installation and repair of weighing and measuring devices within their jurisdiction. The county sealer’s seal is affixed to many measuring devices encountered in the course of daily life in California. County sealers guarantee that if the readout at the gas station says that seven gallons of gasoline have been pumped, then the pump in question has actually dispensed seven gallons; that if the scale at the supermarket says a steak weighs two pounds, then the scale accurately measured two pounds; and that if a natural gas submeter in an apartment says that 2,000 cubic feet of natural gas were used last month, then 2,000 cubic feet of gas were actually provided.

Each county employs a single county sealer, and these individuals are responsible for overseeing a great number of weighing and measuring devices. Recognizing this discrepancy, AB 376 (Floyd, 1999) established a licensing scheme that allows independent “RSAs” to repair weighing and measuring devices with the blessing of the county sealers. As of March 22, 2024, there are 2,622 RSAs employed across 534 service agencies in California.^[1] RSAs play a critical role in furthering consumer protection in California: given that they outnumber county sealers 45-to-1, the vast majority of testing done in the state is performed by RSAs rather than county sealers.

Unlike county sealers, whose service fees are defined in statute, the prices that RSAs can charge for their services are not capped. Simple weighing and measuring devices may have many RSAs competing to test them, which drives down costs for the businesses. But some weighing and measuring devices are rare or complicated, and the equipment needed to test them can be expensive. Such is the case with EV chargers. Only 15 of California’s 534 registered service agencies possess the necessary equipment to test EV chargers. According to the sponsor of this bill, Chargepoint, a single EV charger testing device costs approximately $40,000-$55,000. Faced with a high demand for EV charger testing and a low supply of appropriate testing equipment, RSAs find themselves in a position to charge exorbitant fees for their services. According to Chargepoint, testing a single port of an EV charger costs $400-500. Commercial EV chargers usually have at least two ports.

1. California’s EV charger installation goals. California has set ambitious goals for expanding its EV charging infrastructure to support its zero-emission vehicle initiatives. Recently, the state achieved the milestone of installing over 100,000 public and shared private EV chargers.^[2] In a significant push to further expand this network, California plans to install 250,000 public chargers by 2025.^[3] This effort is supported by a record investment, including a recent $1.9 billion funding approval aimed at deploying zero-emission vehicle infrastructure across the state. However, the state has not made a commensurate investment in the workforce needed to certify and maintain this infrastructure.
2. Superficial repairs. The large number of EV chargers California intends to place into service over the next several years, when combined with the high costs and low availability of qualified RSAs, threatens to create exorbitant costs for the owners and operators of these devices. It is worth considering measures to reduce the burden on these parties, many of whom are small business owners. At the same time, however, care must be taken to protect consumers. EV chargers already have a reputation for being unreliable, as described in a recent LA Times article:

Ask around and many EV owners will agree, public chargers have a bad reputation. Those operated by companies including ChargePoint, Electrify America, Blink, and EVgo don’t work 20% to 30% of the time, according to studies from UC Berkeley and data firm J.D. Power.^[4]

How can costs be lowered for California’s businesses without compromising reliability? It may be possible to thread a needle here. EV chargers have a number of parts and functions unrelated to their ability to accurately measure electricity: their screens, for example, may become cracked and unusable over time due to weathering or vandalism. Upon repairing a damaged screen the charger becomes immediately usable, and at no point during the device’s dormancy or repair is its accuracy compromised. According to Chargepoint, the components that allow these chargers to accurately dispense electricity are calibrated and sealed at the devices’ point of origin. They are designed such that tampering with superficial features does not impact their core function.

EV chargers must be tested and verified as correct by a county sealer or RSA each time they are repaired. A given charger is installed only once, but may be repaired many times over the course of its life. One way to reduce the financial burden on the owners and operators of these chargers may be to create a new classification for non-substantive repairs, and to exempt repairs of this nature from testing and verification before the device is able to be returned to commercial use.

1. What this bill would do. This bill would create a new class of repairs termed “routine repairs” that do not impact the accuracy of an EV charger. When a charger undergoes a routine repair, this bill would exempt that device from the requirement to be tested by a county sealer or RSA before being used commercially, as long as the device has previously been placed into service by a county sealer or RSA. The provisions of this bill would sunset on January 1, 2028.

This is a band-aid solution at best, through no fault of the author or sponsor. California’s system of weights and measures is simply unequipped to handle a sudden influx of 250,000 EV chargers. Going forward, the Legislature should consider making a serious investment in a dedicated workforce that is trained and equipped to maintain the infrastructure demanded by California’s ambitious climate goals.

1. Author’s statement. According to the author:

As California continues to transform its transportation sector to be zero emission, we must do all that we can to ensure that we reduce any and all barriers inhibiting the rollout of much-needed infrastructure. The California Energy Commission has estimated that the state needs 1.01 million chargers by 2030. To achieve this, we must install approximately 359 chargers per day between January 1, 2024, and December 31, 2030. While a significant number of chargers have already been installed in the state, we still have much work to do. The experience of the industry indicates that the existing capacity for accuracy testing to meet DMS requirements is not sufficient to keep pace with the state’s anticipated infrastructure needs. If nothing is done to address the bottleneck, the capacity constraints imposed by the scale of testing required will impede the state’s transition to zero emission fuels.

While maintaining enforcement powers for County Sealers, the elimination of unnecessary testing requirements for charging stations that undergo routine maintenance or repair, will help to significantly reduce cost for maintenance and repairs for EV charging stations and encourage even greater rollout of this infrastructure by reducing the bottleneck that having to test for every routine repair instance causes, thus encouraging greater EV adoption.

1. Repair requirements? This bill is predicated on a supposed statutory requirement for weighing and measuring devices to be taken out of service following repair. However, this requirement is not explicitly stated in code. Why do the owners and operators of these devices believe they must be retested after being repaired? The commercial use of a weighing and measuring device can be prohibited in one of three ways:
2. The device is not of a type approved for use by the Department of Food and Agriculture.^[5]
3. The device is labeled “out-of order” by a county sealer.^[6]
4. The device is not sealed.^[7]

If a device is required to be taken out of service following a repair, it must be the result of one of these three prohibitions. Point 1 can be discounted, as repairing a device has no effect on its “type” as far as the Department of Food and Agriculture is concerned.

With respect to point 2: when a county sealer tests a device and finds it to be incorrect, they are directed to label the device “out of order.”^[8] Receiving an “out-of-order” indication prevents a device from being used commercially, and grants its owner 30 days to conduct repairs.^[9] Once a device has been repaired, a county sealer is able to reauthorize it for commercial use by removing the “out of order” label.^[10] It is therefore the testing of the device that causes it to be labeled “out-of-order” and taken out of service, rather than the repair.

This leaves point 3, which prohibits unsealed devices from be used for commercial purposes. Devices are considered “unsealed” until they have been sealed by a county sealer, but existing law does not specifically describe how a sealed device can subsequently become “unsealed.” However, it appears to be possible: upon removing an out-of-order tag from a device, county sealers are directed to “seal and mark that weight, measure, or weighing and measuring instrument . . . where, upon inspection, it is found correct.”^[11] So at some point between the application of an “out-of-order” tag and the removal of said tag, a weighing and measuring device becomes unsealed. It is likely, but not explicitly stated, that unsealing occurs when the owner or operator of a device conducts a repair. It is not clear what types of repairs result in a device becoming unsealed, or even whether repairs performed outside of the context of Section 12509 can result in unsealing.

Lacking clarity, the author and sponsors of this bill are justified in seeking a clear exception for repairs that do not affect a device’s correctness. More generally, the specific circumstances under which sealed devices become unsealed should be clarified by future legislative action.

1. Related legislation. AB 2037 (Papan, 2024) expands the jurisdiction of county sealers to include EV chargers that are owned and operated by public agencies.

ARGUMENTS IN SUPPORT:

Blink Charging writes:

To accomplish the goals of the state, it is imperative that we remove any barriers and avoid added costs that can unnecessarily decrease available chargers for drivers. AB 2453 is an important measure that will help keep current chargers online without the need for retesting when minor repairs or routine maintenance is performed. AB 2453 also keeps costs of ownership reasonable, while increasing available chargers for drivers in California. Lastly, this bill continues to maintain counties’ enforcement authority, and authority to test EV charging stations at their discretion, along with an automatic trigger to retest a station should a consumer issue a formal complaint.

CALSTART writes:

AB 2453 is an important measure that will help to increase the number of EV charging stations in the state by removing unnecessary barriers that are costly and time consuming. This bill removes those barriers while simultaneously ensuring consumer protection is upheld by continuing existing testing requirements and certification by DMS for chargers that are sealed in the factory. This also maintains counties’ enforcement authority, and authority to test EV charging stations at their discretion.

Rivian writes:

Overall, AB 2453 is an important measure that will support robust EV charging station repair and maintenance by removing unnecessary barriers that are costly and time consuming. This bill removes those barriers while simultaneously ensuring consumer protection is upheld by continuing existing charger testing requirements and certification to CTEP as well as maintaining counties’ enforcement authority under current law to require regular testing of chargers at its discretion. This bill is a thoughtful approach to streamlining the process of installing EV chargers in California, a critical building block to achieving the state’s overall transportation electrification goals.

ARGUMENTS IN OPPOSITION:

Advanced Test Equipment Corporation writes:

In the case of AB-2453 and EVSE, periodic calibration would be nothing other than standard. Electronic equipment requires verification of its measurements if results expected are to be accurate. This bill is being driven by the OEMs for EV and EVSE that are looking to cut corners and costs by nullifying the need for re-calibration. I would recommend not approving AB-2453.

REGISTERED SUPPORT / OPPOSITION:

Support

Blink Charging Company
California Apartment Association
Calstart INC.
Electric Vehicle Charging Association
Rivian
Valley CAN (Clean Air Now)

Opposition

Advanced Test Equipment Corporation

Analysis Prepared by: Slater Sharp / P. & C.P. / (916) 319-2200

1. California Department of Food and Agriculture, Registered Service Agencies/ Agents Listing, https://www.cdfa.ca.gov/dms/programs/rsa/rsalistings/rsaListings.html ↑

2. Office of Governor Gavin Newsom, “California Hits Another EV Milestone: 100,000 Public Chargers,” Mar. 1, 2024, https://www.gov.ca.gov/2024/03/01/california-hits-another-ev-milestone-100000-public-chargers/ ↑

3. Office of Governor Gavin Newsom, “California Building Bigger, Better Zero-Emission Charging Network,” https://www.gov.ca.gov/2024/02/14/california-building-bigger-better-zero-emission-charging-network/ ↑

4. Russ Mitchell, “Broken chargers, lax oversight: How California’s troubled EV charging stations threaten emission goals,” LA Times, January 24, 2024, https://www.latimes.com/environment/story/2024-01-24/california-ev-charging-stations-broken. ↑

5. Bus. & Prof. Code § 12500.5. ↑

6. Bus. & Prof. Code § 12507. ↑

7. Bus. & Prof. Code § 12501.1. ↑

8. Bus. & Prof. Code § 12506. ↑

9. Bus. & Prof. Code § 12507. ↑

10. Bus. & Prof. Code § 12509. ↑

11. Bus. & Prof. Code § 12509. ↑