Existing law creates the Governors Office of Business and Economic Development (GO-Biz) and requires GO-Biz to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit and requires the review of an application to install an electric vehicle charging station to be limited to the building officials review of whether it meets all health and safety requirements of local, state, and federal law. Existing law requires an electric vehicle charging station to comply with, among other things, all applicable rules of the Public Utilities Commission regarding safety and reliability, as specified.

This bill would require GO-Biz to create and maintain a publicly accessible internet website that contains a landing page with functionality to collect information and report delays and denials in the regarding all applicable forms of permitting of electric for zero-emission vehicle service equipment, infrastructure, as specified. The bill would prohibit GO-Biz from publicly displaying any submissions received under these provisions. The bill would require GO-Biz to establish a in a new or existing working group group, as specified, to evaluate the data it receives from the internet website and direct the working group to determine recommended solutions to address permitting delays. The bill would require, on or before January 1, 2026, GO-Biz to submit to the Legislature and publish on its internet website a comprehensive report regarding the challenges identified throughout the data collection process, as specified. The bill would also require GO-Biz to establish a permit streamlining specialist to assist authorities having jurisdiction with permit delays and denials related to these provisions.

Existing law, the Planning and Zoning Law, establishes in each city and county a planning agency with the powers necessary to carry out provisions of law relating to planning and land use. Existing law authorizes the legislative body of each city and county to assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination thereof, as it deems appropriate and necessary. Existing law authorizes a legislative body to establish for its planning agency any rules, procedures, or standards that do not conflict with state or federal laws.

This bill would make a nonsubstantive change to that provision.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2559 (Petrie-Norris) - Local planning: electric vehicle service equipment: permitting delays

Bill Summary:

AB 2559 would require the Governor’s Office of Business and Economic Development (GO-Biz) to (1) create a website to collect information about electric vehicle infrastructure permitting delays and denials, and (2) utilize a working group to evaluate information it receives and recommend solutions to address permitting delays in a report.

Fiscal Impact:

GO-Biz indicates that it would incur annual General Fund costs of $157,000 to implement the provisions of the bill.

Background:

The State has had various economic development departments through the decades. Prior to 2003, the majority of the State’s economic development programs were housed within the Technology, Trade, and Commerce Agency. The 2003 04 Budget Act abolished both the Agency and state funding for many of its programs designed to encourage economic development.

GO Biz was established statutorily in 2011 to be the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. GO-Biz staff provide a wide range of advisory and coordinating roles across the administration related to economic development. Several units of GO Biz serve as points of contact for businesses considering relocating to or expanding in California. For example, CalOSBA provides resources for small businesses and financial assistance for small business advisory centers. Other units assist international investors, help businesses obtain information about business permits, administer the California Competes Tax Credit Program, and administer the Cannabis Local Equity Grant Program. Additionally, the California Film Commission, Travel and Tourism Commission, and the Infrastructure and Economic Development Bank have been assigned for oversight purposes to GO Biz.

CalGOLD, linked on GO-Biz’s website, was established in 1997 to assist in providing businesses the information they need to comply with environmental and other regulatory and permitting requirements. CalGOLD offers direct Internet links and contact information to state, local, regional, and federal permitting authorities for more information.

Pursuant to an executive order issued by Governor Brown, also referred to as the “ZEV Mandate,” California aims to achieve (1) five million zero-emission vehicles (ZEV) on the road by 2030, and (2) 250,000 charging stations by 2025. Additionally, 15 percent of new cars sold in California must be ZEV or near-ZEV, according to the ZEV mandate. On September 23, 2020, Governor Newsom issued Executive Order N-79-20 which outlined ZEV targets for the state: 100 percent of in-state sales of new passenger cars and light-duty trucks will be zero emission by 2035, 100 percent zero-emission medium and heavy-duty vehicles in the state by 2045 where feasible and by 2035 for drayage trucks, and 100 percent zero-emission off-road vehicles and equipment operations by 2035, where feasible. GO-Biz was tasked with developing a ZEV Market Development Strategy (ZEV Strategy) by January 31, 2021 and update every three years thereafter, that specifically “Ensures coordinated and expeditious implementation of the system of policies, programs and regulations necessary to achieve the goals and orders established by [the Executive Order] and that Outlines State agencies' actions to support new and used [ZEV] markets for broad accessibility for all Californians.

The California Energy Commission (CEC) projects that the State will need one million chargers to support seven million light-duty electric vehicles in 2030. Currently, there are 100,000 publicly available charging stations throughout California.

Under current law, a city or county must deem complete an application to install an EV charging station submitted to the building official of the local jurisdiction within a specified timeframe, so long as all health and safety requirements of local, state, and federal law are met. An application is deemed approved 20 business days after the application is deemed complete for an installation of up to 25 charging stations at a single site, or 40 business days for an installation of more than 25 charging stations, if certain conditions are met.

Proposed Law:

This bill would do the following:

• Require GO-Biz to create and maintain a publicly accessible internet site that contains a landing page with functionality to collect information and report delays and denials regarding all applicable forms of permitting for zero-emission vehicle infrastructure, as specified.
• Require GO-Biz, in a new or existing working group, to evaluate the data it receives and directs the working group to determine recommended solutions to address permitting delays, as specified.
• Require GO-Biz to submit a report to the Legislature on or before January 1, 2026 that is also published on its website regarding the challenges in permitting for zero-emission vehicle infrastructure. Specify that the report may be included in the ZEV Strategy.
• Require GO-Biz to establish a permit streamlining specialist to assist authorities having jurisdiction with specified permit delays and denials.

Staff Comments: GO-Biz estimates ongoing General fund (GF) costs of $157,000 annually to convert a limited-term staff permitting specialist to a full-time position. GO-Biz anticipates costs to create and maintain the publically accessible internet website to be minor and absorbable.

GO-Biz indicates that the data collection efforts prescribed in the bill would be minor and absorbable; however, authority for the permitting position GO-Biz currently has expires in September; consequently, GO-Biz would need one dedicated position to fulfill the requirement of this bill.

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Angelique Ashby, Chair

2023 - 2024 Regular

Bill No: AB 2559 Hearing Date: July 1, 2024

Subject: Local planning: electric vehicle service equipment: permitting delays

SUMMARY:

Requires the Governor’s Office of Business and Economic Development (GO-Biz) to create a website to collect information about electric vehicle infrastructure permitting delays and denials. Requires GO-Biz to utilize a working group to evaluate information it receives and recommend solutions to address permitting delays in a report.

Existing law:

1. Establishes GO-Biz within the Governor’s Office for the purpose of serving as the lead state agency for economic strategy and marketing of California on issues relating to business development, private sector investment, and economic growth, and authorizes GO-Biz to establish an interactive internet website. (Government Code (GC) §§ 12096 et. seq.)
2. Establishes the Office of Small Business Advocate (OSBA) within GO-Biz and outlines the duties and functions of the Director of OSBA including representing the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses. (GC §§ 12098-12098.9)
3. Requires OSBA to establish on the GO-Biz or OSBA website a portal that includes specified information, including how to receive assistance in identifying and understanding the state’s regulatory requirements as well as licensing, permitting, and registration requirements of state agencies. Requires information on how to receive assistance in certifying as a small business or disabled veteran business enterprise, and identifying and participating in state procurement opportunities to be easily accessible from GO-Biz’s website.
4. Requires a city, county, or city and county to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit and a hydrogen-fueling station on a parcel that is zoned for industrial or commercial development and does not contain any residential units and was previously developed with service station. States Legislative intent that local agencies comply with this requirement, but also intent to encourage the installation of electric vehicle charging stations and hydrogen-fueling stations by removing obstacles to, and minimizing costs of, permitting for charging and hydrogen-fueling stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. (GC § 65850.7)

This bill:

1. Requires GO-Biz to create and maintain a publicly accessible website that contains a landing page with functionality to collect information and report delays and denials regarding all applicable forms of permitting for zero-emission vehicle infrastructure, including, but not limited to, the following:
2. The authority having jurisdiction over the permit.
3. The reported reason for delay or denial.
4. The length of delay, if applicable.
5. Requires GO-Biz, in a new or existing working group, to evaluate the data it receives and directs the working group to determine recommended solutions to address permitting delays. Requires the working group to include a diverse set of external stakeholders to discuss the permit delays.
6. Requires GO-Biz to submit a report to the Legislature on or before January 1, 2026 that is also published on its website regarding the challenges in permitting for zero-emission vehicle infrastructure. Specifies that the report may be included in the ZEV Strategy.
7. Requires GO-Biz to establish a permit streamlining specialist to assist authorities having jurisdiction with permit delays and denials related to this section.

FISCAL EFFECT:

This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, the bill will result in ongoing General Fund costs of $157,000 annually to convert a limited-term staff permitting specialist to a full-time position. GO-Biz anticipates costs to create and maintain the publically accessible internet website to be minor and absorbable.

COMMENTS:

1. Purpose. This bill is sponsored by CALSTART. According to the Author, electric vehicle service providers continue to face delays in receiving approval of permit requests, for a variety of reasons including zoning issues, non- responsiveness, or lack of local government resources. The Author states that “Enabling GO-Biz to better identify and understand the root cause of permitting slow downs will help eliminate barriers in executing the streamlined permitting provisions mandated by law, and help address the outstanding issues which hinder infrastructure deployment. This in turn will help to facilitate the acceleration of essential infrastructure to meet the demands of ZEVs on the road.”
2. Background.

GO-Biz. In February 2010, the Little Hoover Commission undertook a review of the state's economic and workforce development programs. In its final report, Making up for Lost Ground: Creating a Governor's Office of Economic Development, it analyzed the status and effectiveness of current programs since the 2003 demise of the Technology, Trade and Commerce Agency and recommended the creation of a new governmental entity to fill the void left by the dismantled agency.

The report called for a single entity that would promote greater economic development, foster job creation, serve as a policy advisor and deliver specific services (i.e., permitting, tax, regulatory, and other information) directly to the California business community. In April 2010, Governor Schwarzenegger issued Executive Order S-05-10 as a means to operationalize the report recommendations including the creation of the Governor's Office of Economic Development (GOED).

In October 2011, the Governor signed AB 29 (John A. Pérez, Chapter 475, Statutes of 2011), which effectively codified GOED and changed its name to GO-Biz. Since its inception, the office has served thousands of businesses, 95 percent of which are small businesses. The most frequent types of assistance include help with permit streamlining, starting a business, relocation and expansion of businesses, and regulatory challenges.

In March 2012, Governor Brown initiated a reorganization process to realign the state's administrative structure. Key changes include dismantling of the Business, Transportation and Housing Agency and the shifting of a number of key programs to GO-Biz including the Small Business Loan Guarantee Program, the California Travel and Tourism Commission, the California Film Commission, the Film California First Program, and the Infrastructure and Economic Development Bank (IBank). Currently, GO-Biz administers the following programs and units:

• Made In California program for the purpose of encouraging consumer product awareness and to foster the purchases of products manufactured in California.
• The California Inclusive Innovation Hub Program (iHub2) to incubate and/or accelerate technology and science-based firms, with a focus on underserved regions and communities.
• The California Competes Tax Credit Program under which “businesses who want to come to California or stay and grow in California” can receive an income tax credit.
• The California Business Investment Services Unit, which provides no-fee, tailored site selection services to employers and others who may be considering California for relocation or expansion.
• The California Business Portal, which provides information to California businesses about common questions, permitting, financial options, and more.
• The California Community Reinvestment Grants Program, which was included in Proposition 64, authorized GO-Biz to award grants to local health departments and certain nonprofit organizations to support communities disproportionately affected by the War on Drugs.
• Office of the Small Business Advocate which provides information and assistance to small businesses.
• The Zero Emission Vehicles (ZEV) Infrastructure Unit which works to accelerate the deployment of ZEV infrastructure.
• The International Affairs and Business Development Unit, which serves as California’s primary point of contact for expanding international trade and investment relations. This unit focuses on foreign direct investment (services for foreign investors, foreign investment technical assistance, and the EB-5 Investor Visa Program), international trade promotion (STEP program, trade missions, export assistance, and the California-China Trade Office), and international agreements.

CalGOLD, linked on GO-Biz’s website, was established in 1997 to assist in providing businesses the information they need to comply with environmental and other regulatory and permitting requirements. CalGOLD offers direct Internet links and contact information to state, local, regional, and federal permitting authorities for more information.

ZEV Efforts. Pursuant to Executive order B-48-18, issued by Governor Brown in 2018, also referred to as the “ZEV Mandate,” California aims to achieve five million zero-emission vehicles (ZEV) on the road by 2030 and 250,000 charging stations by 2025. Additionally, 15% of new cars sold in California must be ZEV or near-ZEV, according to the ZEV mandate. On September 23, 2020, Governor Newsom issued Executive Order N-79-20 which outlined ZEV targets for the state: 100% of in-state sales of new passenger cars and light-duty trucks will be zero emission by 2035, 100% zero-emission medium and heavy-duty vehicles in the state by 2045 where feasible and by 2035 for drayage trucks, an100% zero-emission off-road vehicles and equipment operations by 2035, where feasible. GO-Biz was tasked with developing a ZEV Market Development Strategy (ZEV Strategy) by January 31, 2021 and update every three years thereafter, that specifically “Ensures coordinated and expeditious implementation of the system of policies, programs and regulations necessary to achieve the goals and orders established by [the Executive Order] and that Outlines State agencies' actions to support new and used [ZEV] markets for broad accessibility for all Californians.

According to the U.S. Energy Information Administration, California has led the nation in the number of electric vehicles and EV charging locations every year since 2016, accounting for 37% of U.S. registered light-duty EVs and 27% of EV charging locations at the end of 2022. The California Energy Commission’s (CEC) dashboard on electric vehicle chargers reports that there are currently 105,012 electric vehicle chargers in the state. However, CEC’s Second Electric Vehicle Charging Infrastructure Assessment projects that California will need 1.01 million chargers (including 39,000 direct-current fast chargers) to support 7.1 million light-duty plug-in electric vehicles in 2030. By 2035, the state will need 2.11 million chargers (including 83,000 direct-current fast chargers) to support 15.2 million light-duty plug-in electric vehicles. To support medium- and heavy-duty plug-in electric vehicles, California will need about 114,500 chargers (109,000 depot chargers and 5,500 en route chargers) for 155,000 vehicles in 2030, and 264,000 chargers (256,000 depot chargers and 8,500 en route chargers) for 377,000 vehicles in 2035. According to the Assessment, this expansion of charging will require widespread investment in the grid and effective management of California’s electrical grid to reduce potential impacts.

1. Arguments in Support. Supporters write that finding solutions to barriers and establishing a permit streamlining specialist will speed up the process of building electric vehicle charging stations to help meet our robust transportation electrification goals. According to supporters, by enabling GO-Biz to better identify and understand the root cause of permitting slow downs, GO-Biz gains the ability to eliminate barriers in executing the streamlined permitting provisions mandated by law, and help address the outstanding issues which hinder infrastructure deployment. Addressing this issue will help to facilitate the acceleration of essential ZEV infrastructure permits.
2. Policy and Implementation Questions.

Could The Efforts of This Bill Be Integrated Into Existing GO-Biz Efforts? According to the ZEV Strategy, “GO-Biz serves as the head coach and steward of the ZEV Strategy. The GO-Biz team's role is to actively build constructive connections between stakeholders, work with stakeholders to chart and correct the course of action for collective focus, coordinate state agency actions, and facilitate transparency to keep stakeholders and agencies accountable, including to one another. In short, GO-Biz's job is to put market players in position to win, for the good of the market, for the climate, and for California's air quality.”

GO-Biz also has an Office of Permit Assistance which was established pursuant to the agency’s statutory authority to provide assistance to businesses in obtaining state and local permits and support small businesses in complying with regulatory requirements. These functions were codified in statute by AB 2605 (Nazarian, Chapter 78, Statutes of 2016). The Office of Permit Assistance provides new business owners with assistance in identifying the permits needed to start a new business and facilities meetings between businesses and regulatory agencies. The Permit Assistance Unit is also responsible for maintaining the CalGOLD program which provides assistance in finding local, state, and federal permit information based on business type and location in California as well as the contact information for relevant regulatory agencies. The online tool provides resources, application forms, and contact information for the various agencies that administer and issue these permits. For permits and registrations administered by the State of California, CalGOLD also includes a Forms and Fee Finder with direct links to applications and fee information.

GO-Biz already has a robust website with various landing pages, not all of which are statutorily mandated. It does not appear that anything prevents GO-Biz today from soliciting and receiving information from entities and businesses throughout the state about electric vehicle infrastructure permitting delays and permit denials issued by local government agencies and synthesizing that data to provide related recommendations. Nothing appears to prevent the ZEV Strategy from evaluating barriers to electric vehicle infrastructure permitting approval and providing recommendations to address those, particularly given that the current ZEV Strategy includes infrastructure as one of the pillars of the ZEV market and as such, already identifies the key role local governments play in a market’s success.

SUPPORT AND OPPOSITION:

Support:

BP Pulse Fleet
California Center for Sustainable Energy
Calstart INC.
Chargepoint, INC
Electric Vehicle Charging Association
Forum Mobility
Plug in America
Rivian

Opposition:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2559

Author:(Petrie-Norris)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Requires the Governor's Office of Business and Economic Development (GO-Biz) to create and maintain a publicly accessible internet website to collect information and report delays and denials regarding permitting for zero-emission vehicle (ZEV) infrastructure.

Major Provisions

1. Requires, consistent with specified previous legislation governing local permitting requirements for electric vehicle (EV) charging stations, GO-Biz to create and maintain a publicly accessible internet website that contains a landing page with functionality to collect information and report delays and denials regarding all applicable forms of permitting for ZEV infrastructure, including, but not limited to, the following:
   1. The authority having jurisdiction over the permit.
   2. The reported reason for delay or denial.
   3. The length of delay, if applicable.
2. Provides that GO-Biz shall not publicly display any submissions that are received under the provisions of this bill.
3. Requires GO-Biz, in a new or existing working group, to evaluate the data it receives from the internet website required by this bill and direct the working group to determine recommended solutions to address permitting delays. The working group shall include a diverse set of external stakeholders to discuss the permit delays.
4. Requires, on or before January 1, 2026, GO-Biz to submit to the Legislature and publish on its internet website a comprehensive report regarding the challenges identified through the data collection process pursuant to this bill, as specified. This report may be included in the Zero-Emissions Vehicle Market Development Strategy developed pursuant to Executive Order No. N-79-20.
5. Requires GO-Biz to establish a permit streamlining specialist to assist authorities having jurisdiction with permit delays and denials related to this bill.

COMMENTS

1. Background. California has been steadily expanding its policies supporting the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. This was followed by statutes governing the degree of authority Common Interest Developments (CIDs) can exercise over the installation of EV charging infrastructure, and prohibitions against specified membership and fee requirements for the privilege of using an EV charging station.

In 2012, the Governor issued an Executive Order directing the California Air Resources Board (CARB), the California Energy Commission (CEC), the California Public Utilities Commission (PUC), and other relevant agencies working with the California Plug-In Electric Vehicle Collaborative and the Fuel Cell Partnership to develop benchmarks to help support and facilitate the rapid commercialization of ZEVs. The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million EVs by 2025. Furthering this goal, the Governor's Office of Planning and Research and the State Architect published guidelines to address physical accessibility standards and design guidelines for the installation of EV charging stations throughout California.

To further these efforts, at the end of 2020, Governor Newsom issued Executive Order (EO) N-79-20, which required 100% of in-state sales of new passenger cars and trucks to be zero-emission by 2035. This EO tasked CARB with developing and proposing passenger vehicle and truck regulations requiring increasing volumes of new zero-emission vehicles sold in the State towards that goal. The EO also directed the CEC to update the biennial statewide assessment of zero-emission vehicle infrastructure required by AB 2127 (Ting) Chapter 365, Statutes of 2018, to support the level of EV adoption required by the EO.

1. AB 1236 of 2015. Responding to the patchwork of California's EV permitting structure and the uncertainty it posed to installers, AB 1236 (Chiu), Chapter 598, Statutes of 2015, placed significant new requirements into law regarding applications to install EV charging stations. AB 1236 required counties and cities to administratively approve an application to install EV charging stations through the issuance of a building permit or similar nondiscretionary permit, and limited review of an application to whether it meets all health and safety requirements of local, state, and federal law. Requirements of local law were limited to those standards and regulations necessary to ensure that the EV charging station will not have a specific, adverse impact upon the public health or safety. AB 1236 allowed a county or city to require an applicant to apply for a use permit under certain circumstances.

AB 1236 also required local agencies to adopt an ordinance that creates an expedited, streamlined permitting process for EV charging stations. Local agencies must adopt a checklist of all requirements with which EV charging stations must comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist is deemed complete. A local agency must approve the application and issue all required permits once the local agency confirms the application and supporting documents are complete and meet the requirements of the checklist. If a local agency receives an incomplete application, it must issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

1. 2019 GO-Biz Guidebook. GO-Biz in July 2019 published the first edition of its "EV Charging Station Permitting Guidebook." The 2019 GO-Biz Guidebook noted, "To support California's ambitious ZEV deployment goals – five million ZEVs in California by 2030 – the state is prioritizing the development of infrastructure to support these vehicles, in the form of plug-in EV charging stations and hydrogen fueling stations. At the most fundamental level, infrastructure enables the deployment of ZEVs. When consumers look to buy a new or used car, they need confirmation that it will be able to take them where they want to go. Widespread availability of infrastructure ensures that Californians will have that confidence…Ultimately, a successful transition to zero emissions hinges on success at the local level.

According to the 2019 GO-Biz Guidebook, "Plug-in EVs (PEVs) as a percentage of new passenger car sales continue to increase. PEV sales exceeded 5% of all new passenger car sales in California 2017 and comprised approximately 8% of sales in 2018. In total, well over 600,000 PEVs have been sold in California as of the publishing of this document. With the increasing popularity of ZEVs and increasing ZEV sales, the need for ZEV infrastructure is increasingly important."

The 2019 GO-Biz Guidebook also reported that there were 20,653 public chargers in California as of June 25, 2019. This included:

• 1. Level 1 (4–5 miles of range per hour) – 367 chargers at 169 sites;
  2. Level 2 (12–70 miles of range per hour) – 17,216 chargers at 4,764 sites; and,
  3. DC Fast (3–20 miles of range per minute) – 3,070 chargers at 685 sites.

1. 2019 GO-Biz Guidebook's Findings and Recommendations on Permitting. The 2019 GO-Biz Guidebook stated, "When AB 1236 was being developed, permitting processes and actual timelines varied widely – in many cases adding considerable delay to the station development process. Delays continue to come from both sides of the equation. Both (local governments) and station developers have reported frustrations with incomplete information…Unfortunately, due to lack of awareness, enforcement, and inconsistent application across the state, a wide variance in permitting processes persists."

The Guidebook generally recommended as best practices that local agencies determine if an application is complete within five business days, and provide approval to build within 15 business days. It did note, however, that "it is important to consider the unique circumstances of some typical installations." For fast-charging stations in particular, the Guidebook pointed out some of the additional considerations not associated with single-family residential charging stations, such as potential requirements for more power, a dedicated power drop, and complex trenching and associated rights-of-way issues.

1. AB 970 of 2021. In response to the 2019 GO-Biz Guidebook's recommendations, AB 970 (McCarty), Chapter 710, Statutes of 2021, established specific time frames in which local agencies must complete and approve permits for EV charging stations. Under the bill, an application to install an EV charging station is deemed complete if the building official of the city or county has not either deemed the application complete or written a correction notice detailing the deficiencies in the application within specified time periods. Applications are deemed approved 20 business days after the application was deemed complete for an installation of up to 25 charging stations at a single site, or 40 business days for an installation of more than 25 charging stations, if certain conditions are met.

According to the Author

AB 2559 works to reduce red tape by understanding and addressing the root cause of permit delays for electric vehicle charging stations. As the state races to transition to electric vehicles, it is essential that we can deploy charging as fast and efficiently as possible in jurisdictions across the state. AB 2559 creates an opportunity for EV service providers to report permit delays and help the state pinpoint obstacles to streamline EV charging permits. It also establishes a permit streamlining specialist role at GO-Biz to help local governments meet existing permit streamlining requirements.

Arguments in Support

CALSTART, sponsor of this bill, writes, "CALSTART is a global nonprofit organization dedicated to the advancement of zero emission vehicle and infrastructure technology. With a global member consortium of more than 300 technology, government, industry, and community partners, CALSTART has worked for 30+ years to accelerate the commercialization and deployment of advanced technologies and solutions.

"The California Energy Commission (CEC) projects that California will need 1 million chargers to support seven million light-duty electric vehicles in 2030 - today there are approximately 100,000 publicly available charging stations. As Zero-Emission Vehicles (ZEVs) become a larger proportion of the State's on-road fleet, infrastructure accessibility, reliability, and rapid deployment must be a priority in order to ensure the State's successful transition of the transportation sector.

"An essential step to charging infrastructure deployment involves obtaining permit approvals, however despite the enactment of prior legislation - specifically AB 1236 (2016) and AB 970 (2022), electric vehicle service providers continue to encounter delays in obtaining these permit approvals due to various factors including zoning complications, unresponsiveness, or insufficient resources within local governments.

"AB 2559 seeks to identify the scope and nature of these challenges by requiring the Governor's Office of Business and Economic Development (GO-Biz) to develop a reporting platform where electric vehicle service providers have the ability to log any obstacles, delays, or denials they are encountering related to permitting. By enabling GO-Biz to better identify and understand the root cause of permitting slow downs, GO-Biz gains the ability to eliminate barriers in executing the streamlined permitting provisions mandated by law, and help address the outstanding issues which hinder infrastructure deployment. Addressing this issue will help to facilitate the acceleration of essential EVSE permits."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

GO-Biz estimates ongoing General fund (GF) costs of $157,000 annually to convert a limited-term staff permitting specialist to a full-time position. GO-Biz anticipates costs to create and maintain the publically accessible internet website to be minor and absorbable.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

ASM LOCAL GOVERNMENT: 9-0-0

YES: Juan Carrillo, Waldron, Essayli, Haney, Kalra, Pacheco, Ramos, Ward, Wilson

ASM JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY: 7-0-0

YES: Villapudua, Hoover, Stephanie Nguyen, Petrie-Norris, Ramos, Soria, Wallis

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0002996

Date of Hearing: May 15, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2559

Author:(Petrie-Norris) – As Amended Ver:March 21, 2024

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

SUMMARY:

This bill requires the Governor’s Office of Business and Economic Development (GO-Biz) to create and maintain a publicly accessible internet website to collect information and report delays and denials in the permitting of electric vehicle (EV) service equipment.

Specifically, this bill:

1. Requires GO-Biz to create and maintain a publicly accessible internet website that contains a landing page with functionality to collect information and report delays and denials in the permitting of EV service equipment, as specified.
2. Requires GO-Biz to establish a working group to evaluate the data it receives from the internet website required by this bill and directs the working group to determine recommended solutions to address permitting delays.
3. Requires, by January 1, 2026, GO-Biz to submit to the Legislature and publish on its internet website a comprehensive report regarding the challenges identified through the data collection process pursuant to this bill, as specified.
4. Requires GO-Biz to establish a permit streamlining specialist to assist authorities with jurisdiction over permit delays and denials related to this bill.

FISCAL EFFECT:

GO-Biz estimates ongoing General fund (GF) costs of $157,000 annually to convert a limited-term staff permitting specialist to a full-time position. GO-Biz anticipates costs to create and maintain the publically accessible internet website to be minor and absorbable.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. The author seeks to assist GO-Biz in eliminating barriers to permit streamlining requirements for EV service providers. According to the author:

[This bill] works to reduce red tape by understanding and addressing the root cause of permit delays for EV charging stations. As the state races to transition to EVs, it is essential that we can deploy charging as fast and efficiently as possible in jurisdictions across the state. [This bill] creates an opportunity for EV service providers to report permit delays and help the state pinpoint obstacles to streamline EV charging permits. It also establishes a permit streamlining specialist role at GO-Biz to help local governments meet existing permit streamlining requirements

1. Background. The California Energy Commission (CEC) projects California will need one million chargers to support seven million light-duty electric vehicles in 2030. Today there are approximately 100,000 publicly available charging stations throughout the state.

Under existing law, a city or county must deem complete an application to install an EV charging station submitted to the building official of the local jurisdiction within a specified timeframe, so long as all health and safety requirements of local, state, and federal law are met. An application is deemed approved 20 business days after the application is deemed complete for an installation of up to 25 charging stations at a single site, or 40 business days for an installation of more than 25 charging stations, if certain conditions are met.

According to CALSTART, the bill’s sponsor, despite the streamlined permitting process and established approval timeframes, EV service providers continue to face delays in receiving approval of permit requests. CALSTART believes this bill will help to identify the scope and nature of these challenges. They write:

By enabling GO-Biz to better identify and understand the root cause of permitting slowdowns, GO-Biz gains the ability to eliminate barriers in executing the streamlined permitting provisions mandated by law, and help address the outstanding issues which hinder infrastructure deployment. Addressing this issue will help to facilitate the acceleration of essential EV service equipment permits.

1. Prior Legislation. AB 970 (McCarty), Chapter 710, Statutes of 2021, established specific time frames in which local agencies must approve permits for EV charging stations.

AB 1236 (Chiu), Chapter 598, Statutes of 2015, required counties and cities to administratively approve applications to install EV charging stations, and create an expedited, streamlined permitting process for EV charging stations.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 16, 2024

ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY

Carlos Villapudua, Chair

ABPCA Bill Id:AB 2559 (

Author:Petrie-Norris) – As Amended Ver:March 21, 2024

SUBJECT: Local planning: electric vehicle service equipment: permitting delays

SUMMARY: Requires GO-Biz to create a website for reporting delays in permitting electric vehicle service equipment. It mandates a working group to propose solutions for these delays and requires GO-Biz to submit a report to the Legislature by January 1, 2026, detailing challenges. Additionally, it establishes a permit streamlining specialist within GO-Biz to assist authorities with addressing delays and denials.

Specifically, this bill:

1. Requires GO-Biz to create and maintain a publicly accessible internet website that contains a landing page with functionality to collect information and report delays and denials in the permitting of electric vehicle service equipment, as specified.
2. Requires GO-Biz to establish a working group to evaluate the data it receives from the internet website and direct the working group to determine recommended solutions to address permitting delays.
3. Requires, on or before January 1, 2026, GO-Biz to submit to the Legislature and publish on its internet website a comprehensive report regarding the challenges identified throughout the data collection process, as specified. The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2030.
4. Requires GO-Biz to establish a permit streamlining specialist to assist authorities having jurisdiction with permit delays and denials related to these provisions.

EXISTING LAW:

1. Existing law creates the Governor’s Office of Business and Economic Development (GO-Biz) and requires GO-Biz to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.
2. Existing law requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit and requires the review of an application to install an electric vehicle charging station to be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law.
3. Existing law requires an electric vehicle charging station to comply with, among other things, all applicable rules of the Public Utilities Commission regarding safety and reliability, as specified.

FISCAL EFFECT: Unknown

COMMENTS: Note: This bill is double referred from the Assembly Committee on Local Government.

The California Energy Commission (CEC) projects that California will need 1 million chargers to support 7 million light-duty electric vehicles in 2030. Today there are approximately 100,000 publicly available charging stations throughout the state. As Zero-Emission Vehicles (ZEVs) become a larger proportion of the State’s on-road fleet, infrastructure accessibility, reliability, and rapid deployment are critical to the State’s ability to meet aggressive and timely regulatory mandates.

Under existing law, cities and counties are required to deem complete an application to install an electric vehicle charging station submitted to the building official of a local jurisdiction within a specified timeframe so long as all health and safety requirements of local, state, and federal law are met. Despite the passage of AB 1236 (2016) and AB 970 (2022), Electric Vehicle Service Provider (EVSP) continue to face delays in receiving approval of permit requests, for a variety of reasons including zoning issues, non- responsiveness, or lack of local government resources.

GO-Biz currently assists EVSPs with expediting permits on an ad hoc basis. This bill requires GO-Biz to create a website landing page to report delays in electric vehicle service equipment permitting, thereby formalizing their existing role as a permit streamlining entity. AB 2559 further helps to identify the root cause for delays by mandating the establishment of a working group to analyze data and propose solutions for permit delays. By January 1, 2026, GO-Biz must submit a report to the Legislature outlining challenges identified. Additionally, it creates a position for a GO-Biz permit streamlining specialist to assist with addressing permit delays.

By enabling GO-Biz to better identify and understand the root cause of permitting slow downs, GO-Biz gains the ability to eliminate barriers in executing the streamlined permitting provisions mandated by law,

Author Statement: “AB 2559 works to reduce red tape by understanding and addressing the root cause of permit delays for electric vehicle charging stations. As the state races to transition to electric vehicles, it is essential that we can deploy charging as fast and efficiently as possible in jurisdictions across the state. AB 2559 creates an opportunity for EV service providers to report permit delays and help the state pinpoint obstacles to streamline EV charging permits. It also establishes a permit streamlining specialist role at GO-Biz to help local governments meet existing permit streamlining requirements.”

Argument in Support:

According to the bill sponsor, CALSTART, “An essential step to charging infrastructure deployment involves obtaining permit approvals, however despite the enactment of prior legislation - specifically AB 1236 (2016) and AB 970 (2022), electric vehicle service providers continue to encounter delays in obtaining these permit approvals due to various factors including zoning complications, unresponsiveness, or insufficient resources within local governments. AB 2559 seeks to identify the scope and nature of these challenges by requiring the Governor's Office of Business and Economic Development (GO-Biz) to develop a reporting platform where electric vehicle service providers have the ability to log any obstacles, delays, or denials they are encountering related to permitting. By enabling GO-Biz to better identify and understand the root cause of permitting slow downs, GO-Biz gains the ability to eliminate barriers in executing the streamlined permitting provisions mandated by law, and help address the outstanding issues which hinder infrastructure deployment. Addressing this issue will help to facilitate the acceleration of essential EVSE permits.”

Argument in Opposition: None on file

REGISTERED SUPPORT / OPPOSITION:

Support

Calstart INC.

Chargepoint, INC

Forum Mobility

Plug in America

Opposition

None on file

Analysis Prepared by: Carla Castilla / J., E.D., & E. / (916) 319-2090

Date of Hearing: April 10, 2024

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Juan Carrillo, Chair

ABPCA Bill Id:AB 2559 (

Author:Petrie-Norris) – As Amended Ver:March 21, 2024

SUBJECT: Local planning: electric vehicle service equipment: permitting delays.

SUMMARY: Requires the Governor’s Office of Business and Economic Development (GO-Biz) to create and maintain a publicly accessible internet website to collect information and report delays and denials in the permitting of electric vehicle service equipment (EVSE). Specifically, this bill:

1. Requires, consistent with specified previous legislation governing local permitting requirements for electric vehicle (EV) charging stations, GO-Biz to create and maintain a publicly accessible internet website that contains a landing page with functionality to collect information and report delays and denials in the permitting of EVSE, including, but not limited to, the following:
   1. The authority having jurisdiction over the permit.
   2. The reported reason for delay or denial.
   3. The length of delay, if applicable.
2. Requires GO-Biz to establish a working group to evaluate the data it receives from the internet website required by this bill and direct the working group to determine recommended solutions to address permitting delays.
3. Requires, on or before January 1, 2026, GO-Biz to submit to the Legislature and publish on its internet website a comprehensive report regarding the challenges identified through the data collection process pursuant to this bill, as specified.
4. Requires GO-Biz to establish a permit streamlining specialist to assist authorities having jurisdiction with permit delays and denials related to this bill.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Background. California has been steadily expanding its policies supporting the adoption of EV technology and infrastructure, beginning with incentives for purchasing EVs and requirements on automakers to manufacture specified percentages of EVs in relation to their production of conventional cars. This was followed by statutes governing the degree of authority Common Interest Developments (CIDs) can exercise over the installation of EV charging infrastructure, and prohibitions against specified membership and fee requirements for the privilege of using an EV charging station.

In 2012, the Governor issued an Executive Order directing the California Air Resources Board (CARB), the California Energy Commission (CEC), the California Public Utilities Commission (PUC), and other relevant agencies working with the California Plug-In Electric Vehicle Collaborative and the Fuel Cell Partnership to develop benchmarks to help support and facilitate the rapid commercialization of zero emission vehicles (ZEVs). The order directed these agencies to establish benchmarks to help the state's ZEV infrastructure support 1.5 million EVs by 2025. Furthering this goal, the Governor’s Office of Planning and Research and the State Architect published guidelines to address physical accessibility standards and design guidelines for the installation of EV charging stations throughout California.

To further these efforts, at the end of 2020, Governor Newsom issued Executive Order (EO) N-79-20, which required 100% of in-state sales of new passenger cars and trucks to be zero-emission by 2035. This EO tasked CARB with developing and proposing passenger vehicle and truck regulations requiring increasing volumes of new zero-emission vehicles sold in the State towards that goal. The EO also directed the CEC to update the biennial statewide assessment of zero-emission vehicle infrastructure required by AB 2127 (Ting) Chapter 365, Statutes of 2018, to support the level of EV adoption required by the EO.

1. AB 1236 of 2015. Responding to the patchwork of California’s EV permitting structure and the uncertainty it posed to installers, AB 1236 (Chiu), Chapter 598, Statutes of 2015, placed significant new requirements into law regarding applications to install EV charging stations. AB 1236 required counties and cities to administratively approve an application to install EV charging stations through the issuance of a building permit or similar nondiscretionary permit, and limited review of an application to whether it meets all health and safety requirements of local, state, and federal law. Requirements of local law were limited to those standards and regulations necessary to ensure that the EV charging station will not have a specific, adverse impact upon the public health or safety. AB 1236 allowed a county or city to require an applicant to apply for a use permit under certain circumstances.

AB 1236 also required local agencies to adopt an ordinance that creates an expedited, streamlined permitting process for EV charging stations. Local agencies must adopt a checklist of all requirements with which EV charging stations must comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist is deemed complete. A local agency must approve the application and issue all required permits once the local agency confirms the application and supporting documents are complete and meet the requirements of the checklist. If a local agency receives an incomplete application, it must issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

1. 2019 GO-Biz Guidebook. GO-Biz in July 2019 published the first edition of its “EV Charging Station Permitting Guidebook.” The 2019 GO-Biz Guidebook noted, “To support California’s ambitious ZEV deployment goals – 5 million ZEVs in California by 2030 – the state is prioritizing the development of infrastructure to support these vehicles, in the form of plug-in EV charging stations and hydrogen fueling stations. At the most fundamental level, infrastructure enables the deployment of ZEVs. When consumers look to buy a new or used car, they need confirmation that it will be able to take them where they want to go. Widespread availability of infrastructure ensures that Californians will have that confidence…Ultimately, a successful transition to zero emissions hinges on success at the local level.”

According to the 2019 GO-Biz Guidebook, “Plug-in EVs (PEVs) as a percentage of new passenger car sales continue to increase. PEV sales exceeded 5% of all new passenger car sales in California 2017 and comprised approximately 8% of sales in 2018. In total, well over 600,000 PEVs have been sold in California as of the publishing of this document. With the increasing popularity of ZEVs and increasing ZEV sales, the need for ZEV infrastructure is increasingly important.”

The 2019 GO-Biz Guidebook also reported that there were 20,653 public chargers in California as of June 25, 2019. This included:

• 1. Level 1 (4–5 miles of range per hour) – 367 chargers at 169 sites;
  2. Level 2 (12–70 miles of range per hour) – 17,216 chargers at 4,764 sites; and,
  3. DC Fast (3–20 miles of range per minute) – 3,070 chargers at 685 sites.

1. 2019 GO-Biz Guidebook’s Findings and Recommendations on Permitting. The 2019 GO-Biz Guidebook stated, “When AB 1236 was being developed, permitting processes and actual timelines varied widely – in many cases adding considerable delay to the station development process. Delays continue to come from both sides of the equation. Both (local governments) and station developers have reported frustrations with incomplete information…Unfortunately, due to lack of awareness, enforcement, and inconsistent application across the state, a wide variance in permitting processes persists.”

The Guidebook generally recommended as best practices that local agencies determine if an application is complete within five business days, and provide approval to build within 15 business days. It did note, however, that “it is important to consider the unique circumstances of some typical installations.” For fast-charging stations in particular, the Guidebook pointed out some of the additional considerations not associated with single-family residential charging stations, such as potential requirements for more power, a dedicated power drop, and complex trenching and associated rights-of-way issues.

1. AB 970 of 2021. In response to the 2019 GO-Biz Guidebook’s recommendations, AB 970 (McCarty), Chapter 710, Statutes of 2021, established specific time frames in which local agencies must complete and approve permits for EV charging stations. Under the bill, an application to install an EV charging station is deemed complete if the building official of the city or county has not either deemed the application complete or written a correction notice detailing the deficiencies in the application within specified time periods. Applications are deemed approved 20 business days after the application was deemed complete for an installation of up to 25 charging stations at a single site, or 40 business days for an installation of more than 25 charging stations, if certain conditions are met.
2. Author’s Statement. According to the author, “AB 2559 works to reduce red tape by understanding and addressing the root cause of permit delays for electric vehicle charging stations. As the state races to transition to electric vehicles, it is essential that we can deploy charging as fast and efficiently as possible in jurisdictions across the state. AB 2559 creates an opportunity for EV service providers to report permit delays and help the state pinpoint obstacles to streamline EV charging permits. It also establishes a permit streamlining specialist role at GO-Biz to help local governments meet existing permit streamlining requirements.”
3. Bill Summary. This bill requires, consistent with AB 1236 of 2015 and AB 970 of 2021, GO-Biz to create and maintain a publicly accessible internet website that contains a landing page with functionality to collect information and report delays and denials in the permitting of EVSE. This website must include, but is not limited to, the following:
   1. The authority having jurisdiction over the permit.
   2. The reported reason for delay or denial.
   3. The length of delay, if applicable.

This bill requires GO-Biz to establish a working group to evaluate the data it receives from the website, and direct the working group to determine recommended solutions to address permitting delays. On or before January 1, 2026, GO-Biz must submit to the Legislature and publish on its website a comprehensive report regarding the challenges identified through the data collection process pursuant to this bill.

This bill also requires GO-Biz to establish a permit streamlining specialist to assist authorities having jurisdiction with permit delays and denials related to this bill.

This bill is sponsored by CALSTART.

1. Related Legislation. AB 2427 (McCarty) requires local agencies to: develop a permitting checklist that includes all applicable requirements to permit the installation of EV charging stations in the public right-of-way; identify all applicable fees and charges as part of the permitting process; and, identify specific locations or location criteria regarding where EV charging stations are better suited to be installed in the public right-of-way. AB 2427 is pending in this Committee.
2. Previous Legislation. AB 1504 (McCarty) of 2023 would have required cities and counties to complete a plan for the installation of EV charging stations in the public right-of-way, and made changes to the statewide assessment of EV charging infrastructure the CEC must prepare pursuant to existing law

SB 507 (Gonzalez) would have expanded the scope of information the CEC must consider when assessing the state’s need for EV charging infrastructure. SB 507 was held in the Senate Appropriations Committee.

AB 970 (McCarty), Chapter 710, Statutes of 2021, established specific time frames in which local agencies must approve permits for EV charging stations.

AB 1236 (Chiu), Chapter 598, Statutes of 2015, required counties and cities to administratively approve applications to install EV charging stations, and create an expedited, streamlined permitting process for EV charging stations.

AB 2127 (Ting), Chapter 365, Statutes of 2017, required the CEC to conduct a statewide assessment of the EV charging infrastructure needed to support the levels of EV adoption required for the state to meet its goals of putting at least five million ZEVs on California roads by 2030 and of reducing emissions of GHG to 40% below 1990 levels by 2030.

1. Arguments in Support. CALSTART, sponsor of this bill, writes, “CALSTART is a global nonprofit organization dedicated to the advancement of zero emission vehicle and infrastructure technology. With a global member consortium of more than 300 technology, government, industry, and community partners, CALSTART has worked for 30+ years to accelerate the commercialization and deployment of advanced technologies and solutions.

“The California Energy Commission (CEC) projects that California will need 1 million chargers to support 7 million light-duty electric vehicles in 2030 - today there are approximately 100,000 publicly available charging stations. As Zero-Emission Vehicles (ZEVs) become a larger proportion of the State’s on-road fleet, infrastructure accessibility, reliability, and rapid deployment must be a priority in order to ensure the State’s successful transition of the transportation sector.

“An essential step to charging infrastructure deployment involves obtaining permit approvals, however despite the enactment of prior legislation - specifically AB 1236 (2016) and AB 970 (2022), electric vehicle service providers continue to encounter delays in obtaining these permit approvals due to various factors including zoning complications, unresponsiveness, or insufficient resources within local governments.

“AB 2559 seeks to identify the scope and nature of these challenges by requiring the Governor's Office of Business and Economic Development (GO-Biz) to develop a reporting platform where electric vehicle service providers have the ability to log any obstacles, delays, or denials they are encountering related to permitting. By enabling GO-Biz to better identify and understand the root cause of permitting slow downs, GO-Biz gains the ability to eliminate barriers in executing the streamlined permitting provisions mandated by law, and help address the outstanding issues which hinder infrastructure deployment. Addressing this issue will help to facilitate the acceleration of essential EVSE permits.”

1. Arguments in Opposition. None on file.
2. Double-Referral. This bill is double-referred to the Committee on Jobs, Economic Development, and the Economy.

REGISTERED SUPPORT / OPPOSITION:

Support

CALSTART [SPONSOR]

Chargepoint, INC

Forum Mobility

Plug in America

Opposition

None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958