Existing law prohibits persons desiring to use an electric vehicle charging station that requires payment of a fee from being required to pay a subscription fee to use the station and from being required to obtain membership in any club, association, or organization as a condition of using the station. Existing law requires the total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, to be disclosed to the public at the point of sale. Existing law authorizes the State Energy Resources Conservation and Development Commission to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015.

This bill would require the commission to apply any network roaming standards it adopts only to major electric vehicle charging network providers, as defined. The bill would require that those network roaming standards require major electric vehicle charging network providers to accept payment for charging made by users from multiple other major electric vehicle charging network providers and automakers.

Existing law prohibits persons desiring to use an electric vehicle charging station that requires payment of a fee from being required to pay a subscription fee to use the station and from being required to obtain membership in any club, association, or organization as a condition of using the station. Existing law requires the total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, to be disclosed to the public at the point of sale. Existing law authorizes the State Energy Resources Conservation and Development Commission to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015.

This bill would require the commission to apply any network roaming standards it adopts only to major electric vehicle charging network providers, as defined. The bill would require that those network roaming standards require major electric vehicle charging network providers to accept payment for charging made by users from multiple other major electric vehicle charging network providers and automakers.

Existing law prohibits persons desiring to use an electric vehicle charging station that requires payment of a fee from being required to pay a subscription fee to use the station and from being required to obtain membership in any club, association, or organization as a condition of using the station. Existing law requires the total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, to be disclosed to the public at the point of sale. Existing law authorizes the State Energy Resources Conservation and Development Commission to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015.

This bill would require the commission to apply any network roaming standards it adopts only to major electric vehicle charging network operators, as defined. The bill would require that those network roaming standards require major electric vehicle charging network providers to accept payment for charging made by users from multiple other major electric vehicle charging network providers and automakers.

Existing law prohibits persons desiring to use an electric vehicle charging station that requires payment of a fee from being required to pay a subscription fee to use the station and from being required to obtain membership in any club, association, or organization as a condition of using the station. Existing law requires the total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, to be disclosed to the public at the point of sale. Existing law authorizes the State Energy Resources Conservation and Development Commission to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015.

(1)Existing law prohibits persons desiring to use an electric vehicle charging station that requires payment of a fee from being required to pay a subscription fee to use the station and from being required to obtain membership in any club, association, or organization as a condition of using the station. Existing law requires the total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, to be disclosed to the public at the point of sale.

This bill would require the State Energy Resources Conservation and Development Commission (Energy Commission) to develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026, that would apply to the charging network of owners or operators of electric vehicle charging stations charging network providers that received an incentive from a state agency or through a charge on ratepayers, as specified. The bill would repeal this requirement on January 1, 2035.

(2)Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), Energy Commission, in consultation with the Public Utilities Commission, to develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations. Existing law requires that the uptime recordkeeping and reporting standards only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, apply for a minimum of 6 years, and apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.

This bill would instead require that the additionally require the Energy Commission, in consultation with the Public Utilities Commission, to develop, by January 1, 2026, uptime recordkeeping and reporting standards only that apply to electric vehicle chargers and charging stations installed before January 1, 2024, that either received an incentive from a state agency or through a charge on ratepayers, were installed before January 1, 2024, ratepayers or were installed with money from specified consent decrees among the State Air Resources Board, Volkswagen AG, and the United States Department of Justice, as specified.

Existing law authorizes a local authority, by ordinance or resolution, to designate stalls or spaces in an offstreet parking facility owned or operated by that local authority for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes.

This bill would state the intent of the Legislature to enact legislation relating to electric vehicle charging infrastructure.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2697

Author:(Irwin and Ting)

As Amended Ver:August 23, 2024

Majority vote

SUMMARY

Requires that the California Energy Commission (CEC) apply any network roaming standards adopted pursuant to this section only to major electric vehicle (EV) charging station network providers.

Senate Amendments

1. Delete provisions applying uptime recordkeeping and reporting standards to electric vehicle charging stations between January 1, 2018 and January 1, 2024.
2. Require the CEC to apply any network roaming standards only to major EV charging network providers.
3. Define "major electric vehicle charging network provider" as an EV charging network provider that manages at least 100 publicly available EV charging stations in the state,
4. Authorizes the CEC to increase the number of publicly available EV charging stations that a charging network provider must manage in its network before triggering network roaming standards as part of any standards adopted pursuant to this section.
5. Requires major EV charging network providers to accept payment for charging made by users from multiple other major EV charging network providers, and automakers to simply drivers' ability to find an EV station and pay for charging.
6. Requires network roaming standards adopted pursuant to this section to ensure major EV charging network providers maintain their ability to choose bilateral or hub-based roaming agreements.

COMMENTS

With an expected 15.2 million EVs on the road by 2035, the CEC projects that over 2 million additional EV chargers will need to be built in the next decade. As the state continues to push for more and more ZEVs, ensuring that the supporting EV charging infrastructure is accessible and reliable remains a critical hurdle. In contrast to the average 10-minute stop at a gas station, the length of time required to fully charge an EV can range from 30 minutes to several hours overnight depending on the type of charger. Although 100,000 charging stations have been built, many of these stations are difficult to find, scarce in rural areas, and frequently non-operational.

To help locate charging stations, there are a number of dedicated electric vehicle charging smartphone apps that provide information such as station locations, charger types at a given location, and real-time usage status (available or in use). Most charging provider companies have proprietary apps designed to help users locate a charging station within the charging provider's network. Some smartphone apps aggregate all charging networks, allowing users to search through all the different charging stations in an area, regardless of the charging network, and utilize crowdsourced input on real-time availability and station conditions. However, news reports continue to reveal driver frustration with current app solutions, with drivers stating that, "there isn't a good software tool that helps electric vehicle owners plan their trips," forcing drivers to download multiple applications on their phone to find a charging station.

EV charging infrastructure developers are exploring the broader adoption of network roaming agreements. Much like mobile phone network roaming, which allows mobile phone owners to make calls when traveling abroad or in areas where their principal network has limited coverage, EV network roaming agreements between charging network providers allow station location data to be shared across their proprietary apps, and simplifies payment and billing across networks.

The CEC has recently coalesced around the use of Open Charge Point Protocol (OCPP), an application protocol for EV charging stations to communicate station information with a charge network provider. Starting January 1, 2024, the CEC is requiring all funded chargers to be certified for OCPP 1.6 or later, and OCPP 2.0.1 or later by the OCA beginning 2025. OCPP 1.6 was published in 2015 and OCPP 2.0.1 in 2021, with compliance testing tools released in 2016 and in 2023, respectively.

Network Roaming Agreements. This bill authorizes the CEC to apply network roaming standards to major electric vehicle charging network operators, as defined. Network roaming agreements streamline the EV charging experience by allowing a driver to search for a charging station and pay for a charging session regardless of the station's host network all within a single mobile app. In developing of network roaming requirements, the CEC should consider how existing network roaming agreements can be accommodated (or not).

According to the Author

"In light of recent publicity around the poor EV charging experience, it is clear that increased accountability is necessary. … As driver dissatisfaction with EV charging increases, California risks its transition to electrification in the transportation sector. EV drivers must have several different charging applications on their phones just to locate a charger that may not even be functional. Instead, roaming agreements provide drivers with secure and accurate data such as: charger location, station operator, station status, hours of operation, type of charger, pricing, and timestamps for individual stations. Providing drivers with live station data using roaming agreements will measurably improve the worsening EV driver experience."

Arguments in Support

Plug In America states, "Plug In America strongly supports AB 2697, because this bill will help to increase consumer access to reliable EV infrastructure by requiring roaming agreements and providing the California Energy Commission (CEC) additional direction to understand and improve California's EV charging landscape for pre-2024 charging infrastructure."

Arguments in Opposition

Electrify America writes "AB 2697 would also require the creation of network roaming requirements for EV charging stations. … Already, it costs 36% more to design and construct an Electrify America station in California than it does in another state. These requirements would add to these costs, undercutting the state's ZEV adoption goals. …Requiring a charge point operator (CPO) to be interoperable with any and every managed service provider (MSP) would remove opportunities for a CPO to have direct touchpoints with its customers and impede the CPO's ability to troubleshoot customer issues on its network when they arise.... Interoperability through roaming agreements between CPOs and MSPs are likely to occur without regulatory requirement, but they will happen with careful negotiation and not on an artificial timeline."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, in its analysis of the April 9, 2024 version of the bill: "This bill requires the CEC to conduct a rulemaking to develop network roaming requirements. However, CEC contends it already has significant expertise and staffing in this technical area and, therefore, concludes it could conduct the rulemaking using only existing resources."

VOTES:

ASM TRANSPORTATION: 14-0-1

YES: Wilson, Aguiar-Curry, Berman, Juan Carrillo, Hart, Hoover, Jackson, Lowenthal, Papan, Sanchez, Ting, Wallis, Ward, Wicks

ABS, ABST OR NV: Davies

ASM UTILITIES AND ENERGY: 15-0-1

YES: Petrie-Norris, Bauer-Kahan, Calderon, Chen, Connolly, Friedman, Holden, Joe Patterson, Reyes, Santiago, Schiavo, Ting, Wallis, Wood, Zbur

ABS, ABST OR NV: Jim Patterson

ASM APPROPRIATIONS: 15-0-0

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

ASSEMBLY FLOOR: 70-0-10

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, 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: Arambula, Cervantes, Megan Dahle, Essayli, Gabriel, Jackson, Mathis, Stephanie Nguyen, Jim Patterson, Luz Rivas

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: August 23, 2024

CONSULTANT: Stephanie Choing / TRANS. / (916) 319-2093 FN: 0004871

 THIRD READING  

Bill No: AB 2697

Author: Irwin (D) and Ting (D), et al.

Amended: 8/23/24 in Senate

Vote: 21

SENATE ENERGY, U. & C. COMMITTEE: 14-0, 6/18/24

AYES: Bradford, Ashby, Becker, Caballero, Dodd, Durazo, Eggman, Gonzalez, Limón, Min, Newman, Rubio, Skinner, Stern

NO VOTE RECORDED: Dahle, Grove, Seyarto, Wilk

SENATE TRANSPORTATION COMMITTEE: 11-4, 6/25/24

AYES: Cortese, Allen, Archuleta, Becker, Blakespear, Dodd, Gonzalez, Laird, Limón, Newman, Umberg

NOES: Niello, Dahle, Nguyen, Seyarto

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 70-0, 5/20/24 - See last page for vote

SUBJECT: Transportation electrification: electric vehicle charging stations: network roaming standards

SOURCE: Author

DIGEST:

This bill clarifies the authority of the California Energy Commission (CEC) to adopt roaming standards for electric vehicle (EV) charging networks for the purpose of enforcing the Electric Vehicle Charging Stations Open Access Act. This bill specifies that any roaming standards adopted by the CEC shall only apply to major EV charging network operators, and the standards must enable network managers to choose between different mechanisms to establish roaming agreements.

Senate Floor Amendments of 8/23/24 clarify the scope of the CEC’s authority to set roaming standards for EV charging network providers.

ANALYSIS:

Existing law:

1. Requires the CEC to conduct a statewide assessment every two years of 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 zero-emission vehicles (ZEVs) on California roads by 2030, and of reducing emissions of greenhouse gases (GHG) to 40 percent below 1990 levels by 2030. (Public Resources Code §25229)
2. Requires the CEC to define “uptime” for the purposes of calculating the time when an EV charger is functioning and available for use and requires the CEC to develop uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2024. These recordkeeping and reporting requirements may only apply to EV chargers and stations installed on or after January 1, 2024, and they must apply for a minimum of six years unless the CEC specifies a longer time span is necessary. (Public Resources Code §25231.5)
3. Specifies that individuals supplying recordkeeping and reporting data to the CEC may request that the CEC keep this data confidential. Existing law also sunsets the CEC’s recordkeeping and reporting authority on January 1, 2035.
4. Excludes chargers at residential properties with four or fewer units from the recordkeeping and reporting requirements and authorizes the CEC to consider other reliability metrics. (Public Resources Code §25231.5)
5. Defines “network roaming” as the act of a member of one EV changing station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account. (Health and Safety Code §44268)
6. Establishes payment and billing standards for EV chargers. Provides the CEC with the authority to implement and adopt EV charger payment and billing standards, starting on July 10, 2023. Existing law specifies that the California Air Resources Board (CARB) has the authority to enforce EV charger payment and billing standards until the CEC adopts new payment and billing standards. Existing law specifies that any standards adopted by the CEC will supersede any regulations adopted by CARB. (Health and Safety Code §44268.2)
7. Requires the CEC to assess the uptime of charging station infrastructure every two years, starting on January 1, 2025. (Public Resources Code §25231.5)
8. Requires the CEC to set standards by January 1, 2025, to establish requirements for how EV charging stations that receive certain grants or ratepayer funds will notify customers about the availability and accessibility of publicly available charging infrastructure. Existing law specifies that this requirement does not impact the CEC’s existing authority to include reporting or reliability requirements as a condition of obtaining grant funds. (Public Resources Code §25231.5)

This bill:

1. Defines a major EV charging network operator as a charging network operator that manages at least 100 publicly available EV charging stations in the state.
2. Specifies that any EV charging network roaming standards adopted by the CEC shall only apply to major EV charging network operators.
3. Specifies that roaming standards adopted by the CEC must enable consumers to locate and pay for charging at multiple networks’ chargers using a single network’s application or a payment system installed by automakers on a vehicle’s on-board systems.
4. Clarify that the CEC must allow EV charging networks to either enter into bilateral agreements with other networks or establish roaming hubs for the purposes of complying with roaming standards.

Background

1. Bill is one of several recent measures aimed at addressing EV charger reliability. Charger reliability concerns are a subset of larger consumer concerns about charger availability. EV drivers’ range anxiety is exacerbated by the lack of ubiquitously available EV charging. While many EV homeowners charge at home, renters and EV owners in multifamily dwellings are more likely to lack opportunities to charge at home. Additionally, EV drivers with longer commutes may experience a scarcity of charging opportunities in certain areas, increasing their reliance on a small number of publicly available chargers.

Several reports show that publicly accessible chargers that have received state funds are not functioning as reported. A 2022 report by researchers at the University of California at Berkeley indicated that charger outages and malfunctions reduce charger availability significantly. The report studied all publicly accessible direct current fast chargers (DCFCs) in the greater Bay Area and found that only 72.5 percent of the chargers had functional electric vehicle service equipment (EVSE).

To address these concerns, the Legislature passed AB 2061 (Ting, Chapter 345, Statutes of 2022), which required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years. In 2023, the Legislature passed AB 126 (Reyes, Chapter 319, Statutes of 2023), which extended the operation of the CTP and required the CEC to set standards for how stations receiving CTP grants and ratepayer funding will notify customers about the availability and accessibility of public chargers.

1. The CEC is in the process of adopting reliability requirements for EV chargers. AB 2061 required the CEC to adopt recordkeeping and reporting requirements by January 1, 2024. AB 126 did not necessarily modify those recordkeeping and reporting requirements; however, the bill required the CEC to adopt rules establishing standards for how EV charging networks should notify customers about the availability and accessibility of their chargers by January 1, 2025. Since the passage of AB 2061 and AB 126, the CEC has proposed extensive recordkeeping and reporting requirements for EV charger networks. The most recent staff proposal for these regulations indicates that these rules are aimed at allowing the CEC to do the following:

• Track the number and location of all chargers.
• Track the usage of all networked chargers.
• Require reliability recordkeeping and reporting for all state- and ratepayer funded chargers installed on or after January 1, 2024, for six years.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2024, to meet a 97 percent uptime standard for six years.
• Require all publicly available state- and ratepayer-funded chargers installed on or after January 1, 2024, to share real-time data on the availability and accessibility of the chargers.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2026, to meet a 90 percent successful charge attempt rate standard for six years.

1. Roam where you want to? Prior legislation, the Electric Vehicle Charging Stations Open Access Act, provided CARB with the authority to set standards for EV charger payment systems to ensure that EV customers did not need to enroll in a variety of club cards in order to use different networks’ chargers. This act also gave CARB the authority to set roaming standards to ensure that customers have open payment systems. Roaming agreements are arrangements between charging networks that enable users of one network to locate and initiate charging at chargers across multiple networks without using multiple applications or obtaining memberships in multiple networks. Roaming agreements may take multiple forms, including bilateral agreements between charging network operators and hub-based agreements where multiple networks establish a single hub that facilitates data sharing and charging transactions across networks. Most modern chargers are now installed with contactless payment systems that accept all major credit cards and web-based payment systems supported by tap-and-pay applications. Additionally, some automakers are installing applications in their vehicles to enable the vehicle to locate and make charging transactions without the use of a separate application.

Recent legislation (SB 123, Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) reassigned the authority to set EV payment systems and roaming standards from CARB to the CEC. While CARB continues to enforce existing standards, SB 123 specified that payment and roaming standards adopted by the CEC will supersede CARB’s rules. As a result, existing law may provide the CEC with authority to set certain roaming standards. However, the CEC’s authority over roaming is vague and does not clarify how roaming standards will be applied to support the Electric Vehicle Charging Stations Open Access Act. Existing law does not reflect the emergence of applications installed by automakers that enable the car to locate and initiate charging transactions. Additionally, existing law does not clearly distinguish between companies that operate large networks of chargers throughout the state and entities that own or manage a few chargers at a single location. This bill clarifies that any roaming standards adopted by the CEC shall only apply to larger networks that operate at least 100 publicly available chargers. This bill also clarifies that any roaming standards developed by the CEC must enable consumers to locate and transact charging sessions across multiple networks without being members of all those networks, and the standards must allow charging networks to use either hub-based roaming agreements or bilateral agreements to comply with the standards.

Prior/Related Legislation

AB 1349 (Irwin, 2023) would have required EV charger owners and operators that accept state grants to provide certain data about their chargers and charging network to third-party software developers for free, as specified. The author held the bill in the Senate Committee on Energy, Utilities and Communications.

AB 126 (Reyes, Chapter 319, Statutes of 2023) modified and extended the operation of the CTP until January 1, 2035. The bill also required the CEC to set standards by January 1, 2025, regarding how EV charging stations receiving CTP or ratepayer funds will notify customers about the availability and accessibility of chargers.

SB 123 (Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) made various changes to law regarding energy resources. The bill also reassigned duties to implement and enforce EV payment and billing standards from CARB to the CEC.

AB 2061 (Ting, Chapter 345, Statutes of 2022) required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years.

AB 2127 (Ting, Chapter 365, Statutes of 2018) required the CEC to conduct a statewide assessment every two years of 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 percent below 1990 levels by 2030.

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

SUPPORT: (Verified 8/26/24)

Blink Charging Company

Center for Sustainable EnergyCleanEarth4Kids.org

FLO EV Charging

Plug in America

SWTCH Energy
Union of Concerned Scientists

OPPOSITION: (Verified 8/26/24)

EV Connect

EVCS

Noodoe

PowerFlex

ARGUMENTS IN SUPPORT: According to the author:

As driver dissatisfaction with EV charging increases, California jeopardizes its transition to electrification in the transportation sector. According to the CEC, 41 percent of our public EV chargers are installed with state grants, amounting to roughly 40,000 chargers across the state. California has spent nearly $1.7 billion on EV charging infrastructure but without transparency and accountability, the chargers installed are at risk of becoming stranded assets. AB 2697 would require chargers installed using public money be subject to the California Energy Commission’s uptime standards, dating back to 2018, and more accessible to drivers via roaming agreements. This bill is aimed at measurably improving the EV driver experience as California transitions to an electrified transportation future.

ARGUMENTS IN OPPOSITION: Opponents largely oppose this bill unless it is amended to address concerns about the extent to which specific aspects of roaming are mandated. In opposition, EVCS and Noodoe state:

Forcing roaming agreements risks stifling competition and innovation and compromising data security of businesses. In addition, if not managed efficiently, the additional costs associated with roaming can endanger the economics of EV charging, especially for smaller EV charging startups with unique business models. It has long been established, including through prior policy and regulatory efforts in California, that EV charging services are a form of retail, so forcing roaming agreements is not only counterproductive but also harmful for competition.

ASSEMBLY FLOOR: 70-0, 5/20/24

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

NO VOTE RECORDED: Arambula, Cervantes, Megan Dahle, Essayli, Gabriel, Jackson, Mathis, Stephanie Nguyen, Jim Patterson, Luz Rivas

Prepared by: Sarah Smith / E., U. & C. / (916) 651-4107

8/26/24 14:00:35

**** END ****

 THIRD READING  

Bill No: AB 2697

Author: Irwin (D) and Ting (D), et al.

Amended: 8/23/24 in Senate

Vote: 21

SENATE ENERGY, U. & C. COMMITTEE: 14-0, 6/18/24

AYES: Bradford, Ashby, Becker, Caballero, Dodd, Durazo, Eggman, Gonzalez, Limón, Min, Newman, Rubio, Skinner, Stern

NO VOTE RECORDED: Dahle, Grove, Seyarto, Wilk

SENATE TRANSPORTATION COMMITTEE: 11-4, 6/25/24

AYES: Cortese, Allen, Archuleta, Becker, Blakespear, Dodd, Gonzalez, Laird, Limón, Newman, Umberg

NOES: Niello, Dahle, Nguyen, Seyarto

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 70-0, 5/20/24 - See last page for vote

SUBJECT: Transportation electrification: electric vehicle charging stations: network roaming standards

SOURCE: Author

DIGEST:

This bill clarifies the authority of the California Energy Commission (CEC) to adopt roaming standards for electric vehicle (EV) charging networks for the purpose of enforcing the Electric Vehicle Charging Stations Open Access Act. This bill specifies that any roaming standards adopted by the CEC shall only apply to major EV charging network operators, and the standards must enable network managers to choose between different mechanisms to establish roaming agreements.

Senate Floor Amendments of 8/23/24 clarify the scope of the CEC’s authority to set roaming standards for EV charging network providers.

ANALYSIS:

Existing law:

1. Requires the CEC to conduct a statewide assessment every two years of 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 zero-emission vehicles (ZEVs) on California roads by 2030, and of reducing emissions of greenhouse gases (GHG) to 40 percent below 1990 levels by 2030. (Public Resources Code §25229)
2. Requires the CEC to define “uptime” for the purposes of calculating the time when an EV charger is functioning and available for use and requires the CEC to develop uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2024. These recordkeeping and reporting requirements may only apply to EV chargers and stations installed on or after January 1, 2024, and they must apply for a minimum of six years unless the CEC specifies a longer time span is necessary. (Public Resources Code §25231.5)
3. Specifies that individuals supplying recordkeeping and reporting data to the CEC may request that the CEC keep this data confidential. Existing law also sunsets the CEC’s recordkeeping and reporting authority on January 1, 2035.
4. Excludes chargers at residential properties with four or fewer units from the recordkeeping and reporting requirements and authorizes the CEC to consider other reliability metrics. (Public Resources Code §25231.5)
5. Defines “network roaming” as the act of a member of one EV changing station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account. (Health and Safety Code §44268)
6. Establishes payment and billing standards for EV chargers. Provides the CEC with the authority to implement and adopt EV charger payment and billing standards, starting on July 10, 2023. Existing law specifies that the California Air Resources Board (CARB) has the authority to enforce EV charger payment and billing standards until the CEC adopts new payment and billing standards. Existing law specifies that any standards adopted by the CEC will supersede any regulations adopted by CARB. (Health and Safety Code §44268.2)
7. Requires the CEC to assess the uptime of charging station infrastructure every two years, starting on January 1, 2025. (Public Resources Code §25231.5)
8. Requires the CEC to set standards by January 1, 2025, to establish requirements for how EV charging stations that receive certain grants or ratepayer funds will notify customers about the availability and accessibility of publicly available charging infrastructure. Existing law specifies that this requirement does not impact the CEC’s existing authority to include reporting or reliability requirements as a condition of obtaining grant funds. (Public Resources Code §25231.5)

This bill:

1. Defines a major EV charging network operator as a charging network operator that manages at least 100 publicly available EV charging stations in the state.
2. Specifies that any EV charging network roaming standards adopted by the CEC shall only apply to major EV charging network operators.
3. Specifies that roaming standards adopted by the CEC must enable consumers to locate and pay for charging at multiple networks’ chargers using a single network’s application or a payment system installed by automakers on a vehicle’s on-board systems.
4. Clarify that the CEC must allow EV charging networks to either enter into bilateral agreements with other networks or establish roaming hubs for the purposes of complying with roaming standards.

Background

1. Bill is one of several recent measures aimed at addressing EV charger reliability. Charger reliability concerns are a subset of larger consumer concerns about charger availability. EV drivers’ range anxiety is exacerbated by the lack of ubiquitously available EV charging. While many EV homeowners charge at home, renters and EV owners in multifamily dwellings are more likely to lack opportunities to charge at home. Additionally, EV drivers with longer commutes may experience a scarcity of charging opportunities in certain areas, increasing their reliance on a small number of publicly available chargers.

Several reports show that publicly accessible chargers that have received state funds are not functioning as reported. A 2022 report by researchers at the University of California at Berkeley indicated that charger outages and malfunctions reduce charger availability significantly. The report studied all publicly accessible direct current fast chargers (DCFCs) in the greater Bay Area and found that only 72.5 percent of the chargers had functional electric vehicle service equipment (EVSE).

To address these concerns, the Legislature passed AB 2061 (Ting, Chapter 345, Statutes of 2022), which required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years. In 2023, the Legislature passed AB 126 (Reyes, Chapter 319, Statutes of 2023), which extended the operation of the CTP and required the CEC to set standards for how stations receiving CTP grants and ratepayer funding will notify customers about the availability and accessibility of public chargers.

1. The CEC is in the process of adopting reliability requirements for EV chargers. AB 2061 required the CEC to adopt recordkeeping and reporting requirements by January 1, 2024. AB 126 did not necessarily modify those recordkeeping and reporting requirements; however, the bill required the CEC to adopt rules establishing standards for how EV charging networks should notify customers about the availability and accessibility of their chargers by January 1, 2025. Since the passage of AB 2061 and AB 126, the CEC has proposed extensive recordkeeping and reporting requirements for EV charger networks. The most recent staff proposal for these regulations indicates that these rules are aimed at allowing the CEC to do the following:

• Track the number and location of all chargers.
• Track the usage of all networked chargers.
• Require reliability recordkeeping and reporting for all state- and ratepayer funded chargers installed on or after January 1, 2024, for six years.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2024, to meet a 97 percent uptime standard for six years.
• Require all publicly available state- and ratepayer-funded chargers installed on or after January 1, 2024, to share real-time data on the availability and accessibility of the chargers.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2026, to meet a 90 percent successful charge attempt rate standard for six years.

1. Roam where you want to? Prior legislation, the Electric Vehicle Charging Stations Open Access Act, provided CARB with the authority to set standards for EV charger payment systems to ensure that EV customers did not need to enroll in a variety of club cards in order to use different networks’ chargers. This act also gave CARB the authority to set roaming standards to ensure that customers have open payment systems. Roaming agreements are arrangements between charging networks that enable users of one network to locate and initiate charging at chargers across multiple networks without using multiple applications or obtaining memberships in multiple networks. Roaming agreements may take multiple forms, including bilateral agreements between charging network operators and hub-based agreements where multiple networks establish a single hub that facilitates data sharing and charging transactions across networks. Most modern chargers are now installed with contactless payment systems that accept all major credit cards and web-based payment systems supported by tap-and-pay applications. Additionally, some automakers are installing applications in their vehicles to enable the vehicle to locate and make charging transactions without the use of a separate application.

Recent legislation (SB 123, Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) reassigned the authority to set EV payment systems and roaming standards from CARB to the CEC. While CARB continues to enforce existing standards, SB 123 specified that payment and roaming standards adopted by the CEC will supersede CARB’s rules. As a result, existing law may provide the CEC with authority to set certain roaming standards. However, the CEC’s authority over roaming is vague and does not clarify how roaming standards will be applied to support the Electric Vehicle Charging Stations Open Access Act. Existing law does not reflect the emergence of applications installed by automakers that enable the car to locate and initiate charging transactions. Additionally, existing law does not clearly distinguish between companies that operate large networks of chargers throughout the state and entities that own or manage a few chargers at a single location. This bill clarifies that any roaming standards adopted by the CEC shall only apply to larger networks that operate at least 100 publicly available chargers. This bill also clarifies that any roaming standards developed by the CEC must enable consumers to locate and transact charging sessions across multiple networks without being members of all those networks, and the standards must allow charging networks to use either hub-based roaming agreements or bilateral agreements to comply with the standards.

Prior/Related Legislation

AB 1349 (Irwin, 2023) would have required EV charger owners and operators that accept state grants to provide certain data about their chargers and charging network to third-party software developers for free, as specified. The author held the bill in the Senate Committee on Energy, Utilities and Communications.

AB 126 (Reyes, Chapter 319, Statutes of 2023) modified and extended the operation of the CTP until January 1, 2035. The bill also required the CEC to set standards by January 1, 2025, regarding how EV charging stations receiving CTP or ratepayer funds will notify customers about the availability and accessibility of chargers.

SB 123 (Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) made various changes to law regarding energy resources. The bill also reassigned duties to implement and enforce EV payment and billing standards from CARB to the CEC.

AB 2061 (Ting, Chapter 345, Statutes of 2022) required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years.

AB 2127 (Ting, Chapter 365, Statutes of 2018) required the CEC to conduct a statewide assessment every two years of 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 percent below 1990 levels by 2030.

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

SUPPORT: (Verified 8/6/24)

Center for Sustainable Energy
California Electric Transportation Coalition

CleanEarth4Kids.org

Plug in America
Union of Concerned Scientists

OPPOSITION: (Verified 8/6/24)

Blink Charging Company
EV Connect

EVCS

FLO EV Charging
Noodoe

PowerFlex

SWTCH Energy

ARGUMENTS IN SUPPORT: According to the author:

As driver dissatisfaction with EV charging increases, California jeopardizes its transition to electrification in the transportation sector. According to the CEC, 41 percent of our public EV chargers are installed with state grants, amounting to roughly 40,000 chargers across the state. California has spent nearly $1.7 billion on EV charging infrastructure but without transparency and accountability, the chargers installed are at risk of becoming stranded assets. AB 2697 would require chargers installed using public money be subject to the California Energy Commission’s uptime standards, dating back to 2018, and more accessible to drivers via roaming agreements. This bill is aimed at measurably improving the EV driver experience as California transitions to an electrified transportation future.

ARGUMENTS IN OPPOSITION: Opponents largely oppose this bill unless it is amended to address concerns about the extent to which specific aspects of roaming are mandated. In opposition, EVCS and Noodoe state:

Forcing roaming agreements risks stifling competition and innovation and compromising data security of businesses. In addition, if not managed efficiently, the additional costs associated with roaming can endanger the economics of EV charging, especially for smaller EV charging startups with unique business models. It has long been established, including through prior policy and regulatory efforts in California, that EV charging services are a form of retail, so forcing roaming agreements is not only counterproductive but also harmful for competition.

ASSEMBLY FLOOR: 70-0, 5/20/24

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

NO VOTE RECORDED: Arambula, Cervantes, Megan Dahle, Essayli, Gabriel, Jackson, Mathis, Stephanie Nguyen, Jim Patterson, Luz Rivas

Prepared by: Sarah Smith / E., U. & C. / (916) 651-4107

8/25/24 13:35:42

**** END ****

 THIRD READING  

Bill No: AB 2697

Author: Irwin (D) and Ting (D), et al.

Amended: 6/27/24 in Senate

Vote: 21

SENATE ENERGY, U. & C. COMMITTEE: 14-0, 6/18/24

AYES: Bradford, Ashby, Becker, Caballero, Dodd, Durazo, Eggman, Gonzalez, Limón, Min, Newman, Rubio, Skinner, Stern

NO VOTE RECORDED: Dahle, Grove, Seyarto, Wilk

SENATE TRANSPORTATION COMMITTEE: 11-4, 6/25/24

AYES: Cortese, Allen, Archuleta, Becker, Blakespear, Dodd, Gonzalez, Laird, Limón, Newman, Umberg

NOES: Niello, Dahle, Nguyen, Seyarto

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 70-0, 5/20/24 - See last page for vote

SUBJECT: Transportation electrification: electric vehicle charging stations: network roaming standards

SOURCE: Author

DIGEST:

This bill defines a major electric vehicle (EV) network operator as an operator that maintains a customer-facing internet-based applications for accessing their EV charging stations and operates at least 100 publicly available EV charging stations in the state. This bill specifies that any EV charging network roaming standards adopted by the California Energy Commission (CEC) shall only apply to major EV charging network operators.

ANALYSIS:

Existing law:

1. Requires the CEC to conduct a statewide assessment every two years of 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 zero-emission vehicles (ZEVs) on California roads by 2030, and of reducing emissions of greenhouse gases (GHG) to 40 percent below 1990 levels by 2030. (Public Resources Code §25229)
2. Requires the CEC to define “uptime” for the purposes of calculating the time when an EV charger is functioning and available for use and requires the CEC to develop uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2024. These recordkeeping and reporting requirements may only apply to EV chargers and stations installed on or after January 1, 2024, and they must apply for a minimum of six years unless the CEC specifies a longer time span is necessary. (Public Resources Code §25231.5)
3. Specifies that individuals supplying recordkeeping and reporting data to the CEC may request that the CEC keep this data confidential. Existing law also sunsets the CEC’s recordkeeping and reporting authority on January 1, 2035.
4. Excludes chargers at residential properties with four or fewer units from the recordkeeping and reporting requirements and authorizes the CEC to consider other reliability metrics. (Public Resources Code §25231.5)
5. Defines “network roaming” as the act of a member of one EV changing station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account. (Health and Safety Code §44268)
6. Establishes payment and billing standards for EV chargers. Provides the CEC with the authority to implement and adopt EV charger payment and billing standards, starting on July 10, 2023. Existing law specifies that the California Air Resources Board (CARB) has the authority to enforce EV charger payment and billing standards until the CEC adopts new payment and billing standards. Existing law specifies that any standards adopted by the CEC will supersede any regulations adopted by CARB. (Health and Safety Code §44268.2)
7. Requires the CEC to assess the uptime of charging station infrastructure every two years, starting on January 1, 2025. (Public Resources Code §25231.5)
8. Requires the CEC to set standards by January 1, 2025, to establish requirements for how EV charging stations that receive certain grants or ratepayer funds will notify customers about the availability and accessibility of publicly available charging infrastructure. Existing law specifies that this requirement does not impact the CEC’s existing authority to include reporting or reliability requirements as a condition of obtaining grant funds. (Public Resources Code §25231.5)

This bill:

1. Defines a major EV charging network operator as a charging network operator that does both of the following:
   1. Operates at least 100 publicly available EV charging stations in the operator’s network in the state.
   2. Maintains a customer-facing internet-based application for the purpose of locating and using EV charging stations in its network.
2. Specifies that any EV charging network roaming standards adopted by the CEC shall only apply to major EV charging network operators.

Background

1. The bill is one of several recent measures aimed at addressing EV charger reliability. Charger reliability concerns are a subset of larger consumer concerns about charger availability. EV drivers’ range anxiety is exacerbated by the lack of ubiquitously available EV charging. While many EV homeowners charge at home, renters and EV owners in multifamily dwellings are more likely to lack opportunities to charge at home. Additionally, EV drivers with longer commutes may experience a scarcity of charging opportunities in certain areas, increasing their reliance on a small number of publicly available chargers.

Several reports show that publicly accessible chargers that have received state funds are not functioning as reported. A 2022 report by researchers at the University of California at Berkeley indicated that charger outages and malfunctions reduce charger availability significantly. The report studied all publicly accessible direct current fast chargers (DCFCs) in the greater Bay Area and found that only 72.5 percent of the chargers had functional electric vehicle service equipment (EVSE).

To address these concerns, the Legislature passed AB 2061 (Ting, Chapter 345, Statutes of 2022), which required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years. In 2023, the Legislature passed AB 126 (Reyes, Chapter 319, Statutes of 2023), which extended the operation of the CTP and required the CEC to set standards for how stations receiving CTP grants and ratepayer funding will notify customers about the availability and accessibility of public chargers.

1. The CEC is in the process of adopting reliability requirements for EV chargers. AB 2061 required the CEC to adopt recordkeeping and reporting requirements by January 1, 2024. AB 126 did not necessarily modify those recordkeeping and reporting requirements; however, the bill required the CEC to adopt rules establishing standards for how EV charging networks should notify customers about the availability and accessibility of their chargers by January 1, 2025. Since the passage of AB 2061 and AB 126, the CEC has proposed extensive recordkeeping and reporting requirements for EV charger networks. The most recent staff proposal for these regulations indicates that these rules are aimed at allowing the CEC to do the following:

• Track the number and location of all chargers.
• Track the usage of all networked chargers.
• Require reliability recordkeeping and reporting for all state- and ratepayer funded chargers installed on or after January 1, 2024, for six years.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2024, to meet a 97 percent uptime standard for six years.
• Require all publicly available state- and ratepayer-funded chargers installed on or after January 1, 2024, to share real-time data on the availability and accessibility of the chargers.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2026, to meet a 90 percent successful charge attempt rate standard for six years.

While the CEC has issued a draft proposal for these regulations, the CEC has not yet adopted these requirements. This bill could further modify the scope of chargers covered by the CEC’s standards, including the recordkeeping and reporting requirements; however, based on the CEC’s proposed regulations, it is not clear that the CEC needs additional authority to collect data from existing chargers. Under existing law, the CEC is required adopt EV charger uptime requirements and standards for notifying the public about the availability of chargers by January 1, 2025. To the extent that the CEC adopts reliability and notification standards by January 2025 and this bill requires changes to those standards, this bill may pose challenges for implementation by requiring the CEC to adopt revisions to those standards by January 1, 2026.

1. Roam where you want to? Prior legislation, the Electric Vehicle Charging Stations Open Access Act, provided CARB with the authority to set standards for EV charger payment systems to ensure that EV customers did not need to enroll in a variety of club cards in order to use different networks’ chargers. This act also gave CARB the authority to set roaming standards to ensure that customers have open payment systems, if a federal standard was not adopted. As technology evolved, most modern chargers are installed with contactless payment systems that accept all major credit cards and web-based payment systems supported by tap-and-pay applications. However, recent legislation (SB 123, Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) reassigned the authority to set EV payment systems and roaming standards from CARB to the CEC. While CARB continues to enforce existing standards, SB 123 specified that payment and roaming standards adopted by the CEC will supersede CARB’s rules. As a result, existing law may provide the CEC with authority to set certain roaming standards. However, existing law only specifies that roaming standards apply to any charger for which payment is required. Not all chargers requiring payment are networked to large groups of publicly available chargers. Some networks may only operate one publicly available charger while primarily providing multifamily and business charging needs. As a result, these smaller networks may not have a customer-facing app to locate and support payment at chargers. It is unclear if these smaller networks cam comply with certain roaming standards. This bill clarifies that any roaming standards adopted by the CEC shall only apply to larger networks that operate at least 100 publicly available chargers and have a public-facing internet application for accessing these chargers.

Related/Prior Legislation

AB 1349 (Irwin, 2023) would require EV charger owners and operators that accept state grants to provide certain data about their chargers and charging network to third-party software developers for free, as specified. The bill is currently in the Senate Committee on Energy, Utilities and Communications.

AB 126 (Reyes, Chapter 319, Statutes of 2023) modified and extended the operation of the CTP until January 1, 2035. The bill also required the CEC to set standards by January 1, 2025, regarding how EV charging stations receiving CTP or ratepayer funds will notify customers about the availability and accessibility of chargers.

SB 123 (Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) made various changes to law regarding energy resources. The bill also reassigned duties to implement and enforce EV payment and billing standards from CARB to the CEC.

AB 2061 (Ting, Chapter 345, Statutes of 2022) required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years.

AB 2127 (Ting, Chapter 365, Statutes of 2018) required the CEC to conduct a statewide assessment every two years of 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 percent below 1990 levels by 2030.

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

SUPPORT: (Verified 8/6/24)

Center for Sustainable Energy
California Electric Transportation Coalition

CleanEarth4Kids.org

Plug in America
Union of Concerned Scientists

OPPOSITION: (Verified 8/6/24)

Blink Charging Company
EV Connect

EVCS

FLO EV Charging
Noodoe

PowerFlex

SWTCH Energy

ARGUMENTS IN SUPPORT: According to the author:

As driver dissatisfaction with EV charging increases, California jeopardizes its transition to electrification in the transportation sector. According to the CEC, 41 percent of our public EV chargers are installed with state grants, amounting to roughly 40,000 chargers across the state. California has spent nearly $1.7 billion on EV charging infrastructure but without transparency and accountability, the chargers installed are at risk of becoming stranded assets. AB 2697 would require chargers installed using public money be subject to the California Energy Commission’s uptime standards, dating back to 2018, and more accessible to drivers via roaming agreements. This bill is aimed at measurably improving the EV driver experience as California transitions to an electrified transportation future.

ARGUMENTS IN OPPOSITION: Opponents have a variety of concerns regarding this bill, including the retroactive application of CEC’s recordkeeping and reporting standards, the legality of potential conflicts between this bill and existing consent decrees, and the extent to which the roaming provisions of the bill may provide the CEC with regulatory powers over contractual arrangements that would otherwise be handled privately or through litigation. While some EV charging providers are supportive of establishing some roaming requirements, other providers oppose standards for roaming agreements. Certain opponents oppose the bill unless it is amended to add more clarity around the CEC’s existing draft regulations. With an opposed unless amended position, the Electric Vehicle Charging Association (EVCA) states:

EVCA appreciates the recent amendments for uptime recordkeeping and reporting standards to consider a variety of factors. However, EVCA remains concerned regarding the feasibility of retroactively altering the terms of existing funding agreements. Should Section 2 remain in the bill, we believe additional amendments are necessary to support the goals of the bill to improve the state’s understanding of charger reliability while balancing the costs and feasibility of its implementation.

ASSEMBLY FLOOR: 70-0, 5/20/24

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

NO VOTE RECORDED: Arambula, Cervantes, Megan Dahle, Essayli, Gabriel, Jackson, Mathis, Stephanie Nguyen, Jim Patterson, Luz Rivas

Prepared by: Sarah Smith / E., U. & C. / (916) 651-4107

8/7/24 17:56:49

**** END ****

SENATE COMMITTEE ON TRANSPORTATION

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: AB 2697 Hearing Date: 6/25/2024

SUBJECT: Transportation electrification: electric vehicle charging infrastructure

DIGEST: This bill requires the California Energy Commission (CEC) to apply roaming standards only to major electric vehicle charging network operators.

ANALYSIS:

Existing law:

1. Authorizes the California Energy Commission (CEC) to adopt interoperability billing standards for network roaming payment methods for electric vehicle (EV) charging stations. Health and Safety Code (HSC) § 44268.2.
2. Provides that if the CEC develops interoperability standards the EV charging stations shall have one year to meet those standards. In developing standards, the CEC shall consider other governmental or industry-sponsored interoperability billing standards.
3. Requires that all new EV charging stations that require payment of a fee provide a contactless payment method that accepts major credit and debit cards.
4. Existing federal law created the Infrastructure Investment and Jobs Act (IIJA) in 2021. As part of the IIJA the federal Department of Energy establishing the National Electric Vehicle (NEVI) program which provides funding to states to deploy EV charging stations and to establish an interconnected network to facilitate data collection, access and reliability.

This bill:

(This analysis and comments reflect amendments that the author agreed to accept as a condition of the bill passing the Senate Energy, Utilities and Communications Committee.)

1. Provides that if the CEC develops interoperability standards those standards shall only apply to major electric vehicle charging network operators.
2. Defines “major electric vehicle charging network operator” as operators who
   1. Maintain a customer-facing web-based application for locating and using networked chargers
   2. Operate at least 100 publicly available networked charging stations in California. The CEC is authorized to increase the 100-charger threshold.

COMMENTS:

1. Background. In 2022 the Legislature required the California Energy Commission (CEC) to develop uptime reporting standards for electric vehicle (EV) charging stations (AB 2061 -- Ting; Chapter 345 of 2022). In 2023 the Legislature authorized, but did not require, the CEC to adopt interoperability billing standards for electric vehicle charging stations and prohibited requiring a subscription fee to use those stations. (SB 123 -- Budget Committee; Chapter 52 of 2023) Also in 2023, the Legislature required any recipient of a state grant to subsidize the funding of an EV charging station to report on the availability and reliability of the station to the CEC.
2. Better Interoperability. The path towards interoperability has several steps. The first is broad acceptance of a payment method. California law has already addressed this by requiring that all new EV chargers that require payment of a fee accept a contactless method for accepting major credit and debit cards. The next step is the shape and character of the EV charging plug. This seems to be resolving itself as most EV manufacturers have agreed to adopt the Tesla plug, a wise choice given that the vast majority of high-speed EV chargers are owned by Tesla. At this point, most EVs can use most EV chargers once commercial arrangements have been agreed upon. More than a dozen EV manufacturers have agreements to use the Tesla network for example. However, the interconnection may require the use of a different app or credit card.

The next phase of interoperability will be more seamless, making apps unnecessary, by allowing vehicles to simply plug in (aka Plug and Charge) with billing happening automatically and electronically. However, this phase is technically more complex, involving communication software and protocols between the vehicle, the EV charger, the EV charger operator, and the payment processing company. In December 2023, the CEC hosted a workshop on these issues. Their goal is to achieve broad interoperability, where any driver in any car can easily charge at any charger on any charging network.

1. Federal Interoperability Standards. Given that 37% of United States EVs are in California, it is understandable that California would be among the first states to address interoperability. Nevertheless, interoperability is not just a California issue; it is also a federal issue. The National Electric Vehicle Infrastructure (NEVI) Program provides $5 billion for nationwide high speed EV charging. In implementing the NEVI program the Federal Highway Administration (FHWA) considered establishing minimum standards and requirements, including for interoperability. The FHWA adopted some hardware standards but determined that it would be premature to select a single communication standard
2. Opposition. Opponents are concerned that the bill gives the CEC too much flexibility in determining the appropriate roaming arrangements. They are worried that the CEC could choose to require a specified type of roaming arrangement, known as a roaming hub, rather than a bilateral arrangement between companies. While there is room to be critical of the CEC’s EV charging efforts, it is unclear whether the restrictions sought by the opponents further the public interest or just their private interests. It may better serve the public interest to simply accept the language from the Senate Energy, Utilities and Communications Committee without additional amendments. This gives the CEC broad discretion to establish roaming agreements and lets the opposition make their case in the CEC’s public hearings, where it can be tested and challenged by the CEC’s professional staff and other interest groups.
3. Double Referral. This bill was approved by the Senate Energy, Utilities and Communications Committee on June 18, 2024.

Related Legislation:

AB 1349 (Irwin, 2023). Would require EV charger owners and operators that accept state grants to provide certain data about their chargers and charging network to third-party software developers for free, as specified. The bill is pending in the Senate Committee on Energy, Utilities and Communications.

AB 126 (Reyes, Chapter 319, Statutes of 2023). Modified and extended the operation of the CTP until January 1, 2035. The bill also required the CEC to set standards by January 1, 2025, regarding how EV charging stations receiving CTP or ratepayer funds will notify customers about the availability and accessibility of chargers.

SB 123 (Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023). Made various changes to law regarding energy resources. The bill also reassigned duties to implement and enforce EV payment and billing standards from CARB to the CEC.

AB 2061 (Ting, Chapter 345, Statutes of 2022). Required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years.

AB 2127 (Ting, Chapter 365, Statutes of 2018). Required the CEC to conduct a statewide assessment every two years of 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 percent below 1990 levels by 2030.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

From the Assembly Appropriations Committee:

This bill requires the CEC to conduct a rulemaking to develop network roaming requirements. However, CEC contends it already has significant expertise and staffing in this technical area and, therefore, concludes it could conduct the rulemaking using only existing resources.

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

June 19, 2024.)

SUPPORT:

California Center for Sustainable Energy

Plug in America

Union of Concerned Scientists

OPPOSITION:

Blink Charging Company

Electric Vehicle Charging Association

Electrify America, LLC

Flo

Swtch Energy

SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS

Senator Steven Bradford, Chair

2023 - 2024 Regular

Bill No: AB 2697 Hearing Date: 6/18/2024

SUBJECT: Transportation electrification: electric vehicle charging infrastructure

DIGEST: This bill requires the California Energy Commission (CEC) to adopt network roaming requirements for electric vehicle (EV) chargers, as specified. This bill also expands requirements for EV charger reliability standards, extends those standards to a wider range of chargers, and applies the standards retroactively to chargers that received ratepayer or state incentives and were installed between 2018 and 2024.

ANALYSIS:

Existing law:

1. Requires the CEC to conduct a statewide assessment every two years of 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 zero-emission vehicles (ZEVs) on California roads by 2030, and of reducing emissions of greenhouse gases (GHG) to 40 percent below 1990 levels by 2030. (Public Resources Code §25229)
2. Requires the CEC to define “uptime” for the purposes of calculating the time when an EV charger is functioning and available for use and requires the CEC to develop uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2024. These recordkeeping and reporting requirements may only apply to EV chargers and stations installed on or after January 1, 2024, and they must apply for a minimum of six years unless the CEC specifies a longer time span is necessary. (Public Resources Code §25231.5)
3. Specifies that individuals supplying recordkeeping and reporting data to the CEC may request that the CEC keep this data confidential. Existing law also sunsets the CEC’s recordkeeping and reporting authority on January 1, 2035.
4. Excludes chargers at residential properties with four or fewer units from the recordkeeping and reporting requirements and authorizes the CEC to consider other reliability metrics. (Public Resources Code §25231.5)
5. Defines “network roaming” as the act of a member of one EV changing station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account. (Health and Safety Code §44268)
6. Establishes payment and billing standards for EV chargers. Provides the CEC with the authority to implement and adopt EV charger payment and billing standards, starting on July 10, 2023. Existing law specifies that the California Air Resources Board (CARB) has the authority to enforce EV charger payment and billing standards until the CEC adopts new payment and billing standards. Existing law specifies that any standards adopted by the CEC will supersede any regulations adopted by CARB. (Health and Safety Code §44268.2)
7. Establishes the Clean Transportation Program (CTP), which is administered by the CEC to fund the development of ZEV technologies and fuels, including the deployment of EV chargers. (Health and Safety Code §44272 et. seq.)
8. Requires the CEC to assess the uptime of charging station infrastructure every two years, starting on January 1, 2025. (Public Resources Code §25231.5)
9. Requires the CEC to set standards by January 1, 2025, to establish requirements for how EV charging stations that receive CTP grants or ratepayer funds will notify customers about the availability and accessibility of publicly available charging infrastructure. Existing law specifies that this requirement does not impact the CEC’s existing authority to include reporting or reliability requirements as a condition of obtaining grant funds. (Public Resources Code §25231.5)

This bill:

1. Defines a “charging network provider” as an electrical corporation, a local publicly owned electric utility, or a private EV charging infrastructure developer.
2. Requires the CEC to develop network roaming requirements for EV chargers and charging station networks by January 1, 2026. This bill requires these roaming agreements to do the following:
   1. Ensure drivers have access to a secure and standard set of data to locate and use publicly available EV chargers, regardless of the network they use.
   2. Require network roaming agreements between charging network providers to create a more seamless and positive experience for consumers.
   3. Only apply to the charging network of charging network providers that received an incentive from a state agency or through a charge on ratepayers.
3. Requires the CEC to do the following when developing roaming agreement requirements:
   1. Consider federal regulations to ensure consistency between standards.
   2. Prioritize addressing consumer needs to lower EV adoption barriers.
4. Expands the scope of chargers covered by the CEC’s EV charger reliability rulemaking to include the following chargers:
   1. Chargers installed pursuant to the consent decree that created Electrify America.
   2. Chargers that received a state incentive or ratepayer funding and were installed between January 1, 2018, and January 1, 2024.

1. Requires the CEC to consider the following factors when developing new EV charger reliability standards:
   1. The technological capability of the charging station.
   2. The potential for the standards to result in charging station closure.
   3. The likelihood of near-term charging station replacement.
   4. Any other factor the CEC deems appropriate.

Background

Bill is one of several recent measures aimed at addressing EV charger reliability. Charger reliability concerns are a subset of larger consumer concerns about charger availability. EV drivers’ range anxiety is exacerbated by the lack of ubiquitously available EV charging. While many EV homeowners charge at home, renters and EV owners in multifamily dwellings are more likely to lack opportunities to charge at home. Additionally, EV drivers with longer commutes may experience a scarcity of charging opportunities in certain areas, increasing their reliance on a small number of publicly available chargers.

Several reports show that publicly accessible chargers that have received state funds are not functioning as reported. A 2022 report by researchers at the University of California at Berkeley indicated that charger outages and malfunctions reduce charger availability significantly. The report studied all publicly accessible direct current fast chargers (DCFCs) in the greater Bay Area and found that only 72.5 percent of the chargers had functional electric vehicle service equipment (EVSE).

To address these concerns, the Legislature passed AB 2061 (Ting, Chapter 345, Statutes of 2022), which required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years. In 2023, the Legislature passed AB 126 (Reyes, Chapter 319, Statutes of 2023), which extended the operation of the CTP and required the CEC to set standards for how stations receiving CTP grants and ratepayer funding will notify customers about the availability and accessibility of public chargers.

The CEC is in the process of adopting reliability requirements for EV chargers. AB 2061 required the CEC to adopt recordkeeping and reporting requirements by January 1, 2024. AB 126 did not necessarily modify those recordkeeping and reporting requirements; however, the bill required the CEC to adopt rules establishing standards for how EV charging networks should notify customers about the availability and accessibility of their chargers by January 1, 2025. Since the passage of AB 2061 and AB 126, the CEC has proposed extensive recordkeeping and reporting requirements for EV charger networks. The most recent staff proposal for these regulations indicates that these rules are aimed at allowing the CEC to do the following:

• Track the number and location of all chargers.
• Track the usage of all networked chargers.
• Require reliability recordkeeping and reporting for all state- and ratepayer funded chargers installed on or after January 1, 2024, for six years.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2024, to meet a 97 percent uptime standard for six years.
• Require all publicly available state- and ratepayer-funded chargers installed on or after January 1, 2024, to share real-time data on the availability and accessibility of the chargers.
• Require all state- and ratepayer-funded chargers installed on or after January 1, 2026, to meet a 90 percent successful charge attempt rate standard for six years.

While the CEC has issued a draft proposal for these regulations, the CEC has not yet adopted these requirements. This bill could further modify the scope of chargers covered by the CEC’s standards, including the recordkeeping and reporting requirements; however, based on the CEC’s proposed regulations, it is not clear that the CEC needs additional authority to collect data from existing chargers. Under existing law, the CEC is required adopt EV charger uptime requirements and standards for notifying the public about the availability of chargers by January 1, 2025. To the extent that the CEC adopts reliability and notification standards by January 2025 and this bill requires changes to those standards, this bill may pose challenges for implementation by requiring the CEC to adopt revisions to those standards by January 1, 2026.

Bill retroactively applies the CEC’s standards. The recordkeeping and reporting provisions of this bill expand the applicability of the CEC’s EV reliability standards to chargers that were installed between 2018 and 2024. This bill would also expressly apply those standards to chargers installed by Electrify America under the consent decree between the California Air Resources Board (CARB), Volkswagen, and the federal Department of Justice. The scope of chargers covered by this expansion is unclear. However, chargers installed in 2018 may be nearly 7 years old by January 1, 2025, and some chargers may be nearing the end or middle of their useful lifespan by the time standards are adopted and implemented under this bill. Additionally, the consent decree establishing the process for approving Electrify America investments limits the extent to which any agency other than CARB can conduct oversight for Electrify America charger installations.

The scope of CEC’s existing EV charger oversight authority appears unclear. An EV charger network operator may receive public monies for certain chargers; however, their networks may consist of many more chargers that were not funded using public monies or ratepayer monies. Not all chargers are networked and not all networked chargers are publicly available. While the CEC has indicated that it intends to track the location of all chargers and the usage of all networked chargers currently operating in the state, existing law cited by the CEC as the authority for its regulations specifies that the CEC’s recordkeeping and reporting standards may only apply to those chargers that have received an incentive from a state agency or ratepayers. Despite this provision in existing law, the CEC’s proposed regulations state that they intend to apply at least portions of their standards to chargers that are entirely privately funded. This application appears to stem from a portion of existing law that allows the CEC to consider whether a charger is networked when setting recordkeeping and reporting standards for different types of chargers. However, existing law does not clearly give the CEC authority over all chargers or all networked chargers. To the extent that the CEC has the authority to set regulatory requirements for all chargers or networked chargers, the need for additional legislation to expand the CEC’s authority over already installed chargers is unclear.

Roam where you want to? In addition to expanding the application of the CEC’s EV charger recordkeeping and reporting requirements, this bill also requires the CEC to develop network roaming requirements for EV chargers. This bill appears to establish requirements that are intended to specify how roaming agreements should enable visibility of other EV charging networks on any EV charging network operator’s web-based application. However, not all the entities defined as a charging network provider under the bill have widely available public chargers or a customer-facing web-based application for those chargers. Prior legislation, the Electric Vehicle Charging Stations Open Access Act, provided CARB with the authority to set standards for EV charger payment systems to ensure that EV customers did not need to enroll in a variety of club cards in order to use different networks’ chargers. This Act also gave CARB the authority to set roaming standards to ensure that customers have open payment systems, if a federal standard was not adopted. As technology evolved, most modern chargers are installed with contactless payment systems that accept all major credit cards and web-based payment systems supported by tap-and-pay applications. However, recent legislation (SB 123, Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) reassigned the authority to set EV payment systems and roaming standards from CARB to the CEC. While CARB continues to enforce existing standards, SB 123 specified that payment and roaming standards adopted by the CEC will supersede CARB’s rules. As a result, existing law may provide the CEC with authority to set certain roaming standards. This bill does not address the CEC’s existing roaming authority and instead establishes a different set of new duties to establish roaming requirements.

Need for Amendments. Under existing law, it is unclear that the CEC needs more authority to collect data regarding the status of EV chargers. Additionally, it is unclear how that data will be used to improve the experience of EV drivers if there is no mechanism to improve the performance of those chargers. This bill’s roaming provisions do not address the CEC’s existing authority over roaming standards and include requirements that are unclear, subjective, and may not be feasible for all EV charging network operators. As a result, the author and committee may wish to amend this bill to do the following:

• Delete Section 2 of this bill.
• Recast roaming requirements to clarify that any prospective roaming requirements that the CEC adopts pursuant to its existing authority shall only apply to major EV charging network operators, which shall be defined as those networks that do both of the following:
  • Maintain a customer-facing web-based application.
  • Operate at least 100 publicly available chargers within California.
• Authorize the CEC to raise the threshold of publicly available chargers a network must operate before triggering roaming requirements.

Dual Referral. Should this bill be approved by this committee, it will be re-referred to the Senate Committee on Transportation.

Prior/Related Legislation

AB 1349 (Irwin, 2023) requires EV charger owners and operators that accept state grants to provide certain data about their chargers and charging network to third-party software developers for free, as specified. The bill is currently in the Senate Committee on Energy, Utilities and Communications.

AB 126 (Reyes, Chapter 319, Statutes of 2023) modified and extended the operation of the CTP until January 1, 2035. The bill also required the CEC to set standards by January 1, 2025, regarding how EV charging stations receiving CTP or ratepayer funds will notify customers about the availability and accessibility of chargers.

SB 123 (Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023) made various changes to law regarding energy resources. The bill also reassigned duties to implement and enforce EV payment and billing standards from CARB to the CEC.

AB 2061 (Ting, Chapter 345, Statutes of 2022) required the CEC to define uptime for EV chargers, set uptime recordkeeping and reporting, and assess EV charger uptime every two years.

AB 2127 (Ting, Chapter 365, Statutes of 2018) required the CEC to conduct a statewide assessment every two years of 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 percent below 1990 levels by 2030.

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

SUPPORT:

Center for Sustainable Energy
California Electric Transportation Coalition, if amended

Plug in America
Union of Concerned Scientists

OPPOSITION:

Blink Charging Company, unless amended
ChargePoint, unless amended

Electric Vehicle Charging Association, unless amended
Electrify America

EV Connect, unless amended

EVCS, unless amended

Flo EV Charging, unless amended
Noodoe, unless amended

PowerFlex, unless amended

Swtch Energy, unless amended

ARGUMENTS IN SUPPORT: According to the author:

As driver dissatisfaction with EV charging increases, California jeopardizes its transition to electrification in the transportation sector. According to the CEC, 41 percent of our public EV chargers are installed with state grants, amounting to roughly 40,000 chargers across the state. California has spent nearly $1.7 billion on EV charging infrastructure but without transparency and accountability, the chargers installed are at risk of becoming stranded assets. AB 2697 would require chargers installed using public money be subject to the California Energy Commission’s uptime standards, dating back to 2018, and more accessible to drivers via roaming agreements. This bill is aimed at measurably improving the EV driver experience as California transitions to an electrified transportation future.

ARGUMENTS IN OPPOSITION: Opponents have a variety of concerns regarding this bill, including the retroactive application of CEC’s recordkeeping and reporting standards, the legality of potential conflicts between this bill and existing consent decrees, and the extent to which the roaming provisions of the bill may provide the CEC with regulatory powers over contractual arrangements that would otherwise be handled privately or through litigation. While some EV charging providers are supportive of establishing some roaming requirements, other providers oppose standards for roaming agreements. Certain opponents oppose the bill unless it is amended to add more clarity around the CEC’s existing draft regulations. With an opposed unless amended position, the Electric Vehicle Charging Association (EVCA) states:

EVCA appreciates the recent amendments for uptime recordkeeping and reporting standards to consider a variety of factors. However, EVCA remains concerned regarding the feasibility of retroactively altering the terms of existing funding agreements. Should Section 2 remain in the bill, we believe additional amendments are necessary to support the goals of the bill to improve the state’s understanding of charger reliability while balancing the costs and feasibility of its implementation.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2697

Author:(Irwin and Ting)

As Amended Ver:April 9, 2024

Majority vote

SUMMARY

Requires the California Energy Commission (CEC) to develop network roaming requirements for state-funded electric vehicle (EV) chargers and charging station networks by January 1, 2026, to be effective until January 1, 2035, as well as to develop uptime recordkeeping and reporting standards for stations installed between January 1, 2018 and January 1, 2024.

Major Provisions

1. Defines "charging network provider" as including, but not limited to, an electrical corporation, a local publicly owned electric utility, or a private EV charging infrastructure developer.
2. Requires the CEC to develop network roaming requirements for EV chargers and charging station networks by January 1, 2026, that received state incentives or funds collected through charges on ratepayers.
3. Requires the network roaming requirements to:
4. Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available EV charging station, regardless of the network they use;
5. Require network roaming agreements between the charging network providers to create a more seamless and positive experience for consumers; and,
6. Only apply the network roaming requirements and agreement conditions to the charging network providers that received state or ratepayer funds.
7. Requires the CEC, when developing the requirements, to consider federal definitions and rulings to ensure consistency between standards and to prioritize addressing consumer needs to reduce barriers to EV adoption.
8. Applies uptime recordkeeping and reporting standards applicable to EV chargers and charging stations installed after January 1, 2024, to EV chargers and charging stations installed with moneys from the consent decrees among the California State Air Resources Board (CARB), Volkswagen AG, et al. (VW), and the United States Department of Justice (DOJ) in the United States of America v. Volkswagen AG, et al., Case No. 16-cv-295 (N.D. Cal.) (VW Settlement Consent Decrees).
9. Requires the CEC and PUC to develop additional uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2026, and applies the additional standards to EV chargers and charging stations installed between January 1, 2018, and January 1, 2024, that i) received an incentive from a state agency or through a charge on ratepayers or ii) were installed with moneys from VW Settlement Consent Decrees, for a minimum of six years.
10. Requires the CEC, in developing the additional uptime recordkeeping and reporting standards, to consider the technological capability of stations, the potential of the standards to result in station closure if unable to report required information, the likelihood of near-term station replacement, and other factors the commission considers appropriate.

COMMENTS

With an expected 15.2 million EVs on the road by 2035, the CEC projects that over 2 million additional EV chargers will need to be built in the next decade. As the state continues to push for more and more ZEVs, ensuring that the supporting EV charging infrastructure is accessible and reliable remains a critical hurdle. In contrast to the average 10-minute stop at a gas station, the length of time required to fully charge an EV can range from 30 minutes to several hours overnight depending on the type of charger. Although 100,000 charging stations have been built, many of these stations are difficult to find, scarce in rural areas, and frequently non-operational.

To help locate charging stations, there are a number of dedicated electric vehicle charging smartphone apps that provide information such as station locations, charger types at a given location, and real-time usage status (available or in use). Most charging provider companies have proprietary apps designed to help users locate a charging station within the charging provider's network. Some smartphone apps aggregate all charging networks, allowing users to search through all the different charging stations in an area, regardless of the charging network, and utilize crowdsourced input on real-time availability and station conditions. However, news reports continue to reveal driver frustration with current app solutions, with drivers stating that, "there isn't a good software tool that helps electric vehicle owners plan their trips," forcing drivers to download multiple applications on their phone to find a charging station.

EV charging infrastructure developers are exploring the broader adoption of network roaming agreements. Much like mobile phone network roaming, which allows mobile phone owners to make calls when traveling abroad or in areas where their principal network has limited coverage, EV network roaming agreements between charging network providers allow station location data to be shared across their proprietary apps, and simplifies payment and billing across networks.

In order to address reliability issues going forward, the Legislature passed AB 2061 (Ting), Chapter 345, Statutes of 2022, which requires the CEC and PUC to impose certain performance standards on state-funded charging stations installed after January 1, 2024. In parallel, the EV charging industry is moving towards requisite service contracts after installation, establishing minimum operational and maintenance requirements for charging stations and designating responsibility to station owners, operators or charging network providers. According to the CEC, "[t]he CEC has included reliability requirements in EV charging grants since 2021, which set 97% uptime standards, recordkeeping and reporting requirements, and maintenance requirements for grant recipients" and "[t]he requirement that networked chargers regulated by AB 2061 report the status of the chargers using OCPP 1.6 or later is technically feasible."

The CEC has recently coalesced around the use of Open Charge Point Protocol (OCPP), an application protocol for EV charging stations to communicate station information with a charge network provider. Starting January 1, 2024, the CEC is requiring all funded chargers to be certified for OCPP 1.6 or later, and OCPP 2.0.1 or later by the OCA beginning 2025. OCPP 1.6 was published in 2015 and OCPP 2.0.1 in 2021, with compliance testing tools released in 2016 and in 2023, respectively.

Committee Comments: Network Roaming Agreements. This bill requires the CEC to develop network roaming requirements for EV chargers and charging station networks, as well as requires owners and operators of charging stations to enter into network roaming agreements if the charging station received state-incentives. Network roaming agreements streamline the EV charging experience by allowing a driver to search for a charging station and pay for a charging session regardless of the station's host network all within a single mobile app. In developing of network roaming requirements, the CEC should consider how existing network roaming agreements can be accommodated (or not). Notably, this bill only applies the network roaming requirements to charging stations that received public funds. However, as ZEV adoption increases and more charging stations are needed, network roaming requirements providing accessibility to any and all EV chargers are worth considering.

Reliability standards. The bill further requires the CEC and PUC to develop uptime recordkeeping and reporting standards, and apply those standards to state-funded EV chargers that were installed after January 1, 2018 but before January 1, 2024. Requiring existing chargers to meet certain performance and reporting standards would help alleviate concerns about driving ZEVs. Additionally, knowing how many legacy chargers are broken and why could be useful as California continues to build out EV charging infrastructure. Many legacy chargers are not only technologically obsolete in their hardware, software, and networking capabilities as compared to state-of-the-art chargers, but also extremely dissimilar to one another in their capabilities.

The bill distinguishes the proposed "additional" uptime recordkeeping and reporting standards applicable to chargers installed from 2018-2023 as separate from those being applied to EV charging stations installed after January 2024. In that sense, the CEC and PUC can tailor reliability requirements to older chargers because it is not clear how many would be able to comply with those requirements without extensive equipment upgrades to measure, record, and transmit the needed information. This bill provides the CEC with flexibility to develop these standards such that they are not overly burdensome and are practicable to implement.

This bill further applies uptime recordkeeping and reporting standards to chargers installed from 2018 onwards using moneys from the consent decrees signed under the VW "Dieselgate" settlement, through VW subsidiary Electrify America. CARB has overseen the expenditure of $800 million in California over four investment cycles, starting in 2017, and the opening of Electrify America's first EV charging station in 2018. As of 2024, CARB plans to apply reliability metrics to the maintenance plan for disbursement of the final cycle of funding for $200 million. CARB has not currently developed any standards but may adopt similar standards as required under the federal National Electric Vehicle Infrastructure program or under the CEC.

The CEC plans to build 250,000 additional chargers over the next two years, one million chargers by 2030, and two million chargers by 2035, all of which will be subject to uptime recordkeeping and reporting standards after January 1, 2024. Recognizing that the broken EV chargers affect EV drivers today, performance requirements for chargers that can comply with uptime recordkeeping and reporting standards would alleviate EV drivers' frustration and improve the EV charging experience until more EV chargers are installed.

According to the Author

"In light of recent publicity around the poor EV charging experience, it is clear that increased accountability is necessary. … As driver dissatisfaction with EV charging increases, California risks its transition to electrification in the transportation sector. EV drivers must have several different charging applications on their phones just to locate a charger that may not even be functional. Instead, roaming agreements provide drivers with secure and accurate data such as: charger location, station operator, station status, hours of operation, type of charger, pricing, and timestamps for individual stations. Providing drivers with live station data using roaming agreements will measurably improve the worsening EV driver experience."

Arguments in Support

Plug In America states, "As California pursues a clean transportation future to meet its ambitious climate goals, we must accurately understand the current and future EV charging landscape. Access to charging is one of the biggest considerations for consumers when assessing transitioning to an [EV]. …Setting uptime recordkeeping and reporting standards for pre-2024 infrastructure will complement the requirements the CEC is currently developing for post-2024 infrastructure. Together, the requirements will help ensure California's public charging infrastructure is reliable across the state."

Arguments in Opposition

Electrify America writes "AB 2697 would also require the creation of network roaming requirements for EV charging stations. … Already, it costs 36% more to design and construct an Electrify America station in California than it does in another state. These requirements would add to these costs, undercutting the state's ZEV adoption goals. …Requiring a charge point operator (CPO) to be interoperable with any and every managed service provider (MSP) would remove opportunities for a CPO to have direct touchpoints with its customers and impede the CPO's ability to troubleshoot customer issues on its network when they arise.... Interoperability through roaming agreements between CPOs and MSPs are likely to occur without regulatory requirement, but they will happen with careful negotiation and not on an artificial timeline."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

This bill requires the CEC to conduct a rulemaking to develop network roaming requirements. However, CEC contends it already has significant expertise and staffing in this technical area and, therefore, concludes it could conduct the rulemaking using only existing resources.

VOTES

ASM TRANSPORTATION: 14-0-1

YES: Wilson, Aguiar-Curry, Berman, Juan Carrillo, Hart, Hoover, Jackson, Lowenthal, Papan, Sanchez, Ting, Wallis, Ward, Wicks

ABS, ABST OR NV: Davies

ASM UTILITIES AND ENERGY: 15-0-1

YES: Petrie-Norris, Bauer-Kahan, Calderon, Chen, Connolly, Friedman, Holden, Joe Patterson, Reyes, Santiago, Schiavo, Ting, Wallis, Wood, Zbur

ABS, ABST OR NV: Jim Patterson

ASM APPROPRIATIONS: 15-0-0

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

UPDATED

VERSION: April 9, 2024

CONSULTANT: Stephanie Choing / TRANS. / (916) 319-2093 FN: 0002952

Date of Hearing: May 15, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2697

Author:(Irwin) – As Amended Ver:April 9, 2024

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

SUMMARY:

This bill has two distinct provisions regarding electric vehicle (EV) chargers and EV charging stations.

First, the bill requires the California Energy Commission to develop network roaming requirements for EV chargers and EV charging stations. Second, the bill requires the Energy Commission to develop uptime recordkeeping and reporting standards applicable to older EV chargers and EV charging stations.

Network Roaming Requirements. In regards to network roaming requirements, this bill requires the Energy Commission, by January 1, 2026, to develop network roaming requirements that ensure a driver has access to a secure and standard set of data to help locate and use a publicly available EV charging station, regardless of the network the driver uses. The bill limits the applicability of the Energy Commission’s network roaming requirements to only the EV charging network of a charging network provider that received an incentive from a state agency or through a charge on ratepayers.

Recordkeeping and Reporting Standards. In regards to uptime recordkeeping and reporting standards, the bill extends existing uptime recordkeeping and reporting standards to EV chargers and charging stations that were installed with monies from a consent decree between the Air Resources Board (ARB), Volkswagen and the U.S Department of Justice (US DOJ) regarding Volkswagen’s systemic defrauding of the state vehicle emissions control program (United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.)).

In addition, the bill directs the Energy Commission, in consultation with the California Public Utilities Commission (CPUC) to develop additional uptime recordkeeping and recording standards to apply to an EV charger or EV charging station installed after January 1, 2018, but before January 1, 2024, that (a) received an incentive from a state agency or through a charge on ratepayers or (b) was installed with monies from the Volkswagen consent decree. The bill requires the applicability of these standard for a minimum of six years, unless the Energy Commission decides a longer effective period is more appropriate.

FISCAL EFFECT:

This bill requires the CEC to conduct a rulemaking to develop network roaming requirements. However, CEC contends it already has significant expertise and staffing in this technical area and, therefore, concludes it could conduct the rulemaking using only existing resources.

COMMENTS:

1. Purpose. The author intends this bill to allow EV drivers to locate and use EV charging stations more easily. According to the author:

In light of recent publicity around the poor EV charging experience, it is clear that increased accountability is necessary. A January story by the LA Times followed a potential EV buyer as he backed out of his decision to purchase an EV due to concerns about inoperable public chargers. As driver dissatisfaction with EV charging increases, California risks its transition to electrification in the transportation sector. EV drivers must have several different charging applications on their phones just to locate a charger that may not even be functional. Instead, roaming agreements provide drivers with secure and accurate data such as: charger location, station operator, station status, hours of operation, type of charger, pricing, and timestamps for individual stations. Providing drivers with live station data using roaming agreements will measurably improve the worsening EV driver experience

1. Background. The state has ambitious goals to expand the number of EVs on California roads. However, as recently publicized, confidence in the availability and functionality of EV charging stations remains a major impediment to EV adoption.

EV drivers rely on a variety of phone-based apps developed and operated by private companies that allow drivers to locate and use EV charging stations operated by different charging networks. A roaming agreement is an agreement between two or more app operators to allow an EV driver to use a single app and payment method to access charging stations from different networks. Arguably, having access to more charging networks through roaming agreements should increase the confidence of an EV driver—or potential EV driver—they will be able to locate a functioning EV charging station when and where they need it.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON UTILITIES AND ENERGY

Cottie Petrie-Norris, Chair

ABPCA Bill Id:AB 2697 (

Author:Irwin) – As Amended Ver:April 9, 2024

SUBJECT: Transportation electrification: electric vehicle charging infrastructure

SUMMARY: Requires the California Energy Commission (CEC) to develop network roaming requirements for state-funded electric vehicle (EV) chargers and charging station networks by January 1, 2026 and to develop uptime recordkeeping and reporting standards for stations installed between January 1, 2018 and January 1, 2024.

Specifically, this bill:

1. Defines “charging network provider” as including, but not limited to, an investor-owned utility (IOU), a local publicly owned electric utility (POU), or a private EV charging infrastructure developer.
2. Requires the CEC to develop network roaming requirements for EV chargers and charging station networks that received state or ratepayer funding by January 1, 2026. Specifically, requires the network roaming requirements to:
   1. Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available EV charging station, regardless of the network they use; and
   2. Require network roaming agreements between charging network providers create a more seamless and positive experience for customers.
3. Requires the CEC, when developing network roaming requirements, to consider federal definitions and rulings to ensure consistency between standards and to prioritize addressing consumer needs to reduce barriers to EV adoption.
4. Repeals the provisions regarding network roaming requirements on January 1, 2035.
5. Applies uptime recordkeeping and reporting standards applicable to EV chargers and charging stations installed after January 1, 2024 and that received state or ratepayer funding to EV chargers and charging stations installed after January 1, 2024 and that were installed with moneys from the consent decrees among the California State Air Resources Board (CARB), Volkswagen AG, et al. (VW), and the United States Department of Justice (DOJ) in the United States of America v. Volkswagen AG, et al., Case No. 16-cv-295 (N.D. Cal.) (VW Settlement Consent Decrees).
6. Requires the CEC, in consultation with the California Public Utilities Commission (CPUC), to develop additional uptime recordkeeping and reporting standards for EV chargers and charging stations installed between January 1, 2018 and January 1, 2024, and that either (i) received state or ratepayer funding or (ii) were installed with moneys from VW Settlement Consent Decrees, by January 1, 2026. Applies these uptime recordkeeping and reporting standards to applicable EV chargers and charging stations for a minimum of six years.
7. Requires the CEC, in developing the additional uptime recordkeeping and reporting standards, to consider the technological capability of stations, the potential of the standards to result in station closure if unable to report required information, the likelihood of near-term station replacement, and other factors the commission considers appropriate.

EXISTING LAW:

1. Creates the Clean Transportation Program (CTP), administered by the CEC, to provide competitive grants, loans, or other funding to various entities to develop and deploy technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. (Health and Safety Code § 44272)
2. Requires the CEC, working with the CARB and the CPUC, to prepare a statewide assessment of EV charging infrastructure needed to support the levels of EV adoption required for the state to meet its goals of putting at least 5 million zero-emission vehicles (ZEVs) on California roads by 2030, and of reducing emission of greenhouse gases (GHGs) to 40% below 1990 levels by 2030. (Public Resources Code § 25229)
3. Requires the CEC, in consultation with the CPUC, to develop uptime recordkeeping and reporting standards for EV chargers and charging stations installed on or after January 1, 2024 and received an incentive from a state agency or through a charge on ratepayers, by January 1, 2024. Applies these standards to applicable EV chargers and charging stations for a minimum of six years. (Public Resources Code § 25231.5)
4. Creates the Alternative and Renewable Fuel and Vehicle Technology Fund to be administered by the CEC to implement the CTP. Requires the CEC to include in the biennial integrated energy policy report (IEPR): a list of projects funded, the expected benefit in terms of specified characteristics, the overall contribution of the funded projects towards specified goals, key obstacles and challenges to meeting the goals, and recommendations for future actions. (Public Resources Code § 44273)
5. Prohibits the charging of a subscription fee or the conditional requiring of membership in any club, association, or organization, on persons desiring to use an EV charging station. Also requires disclosure to the public of total actual charges for the use of an EV charging station, including any additional network roaming charges for nonmembers, at the point of sale. Requires an EV charging station that requires payment of a fee to allow payment via credit card or mobile technology, or both. (Health and Safety Code § 44268.2)

FISCAL EFFECT: Unknown. This bill is keyed fiscal and will be referred to the Committee on Appropriations for its review.

BACKGROUND:

California zero-emission vehicle (ZEV) goals – California’s transportation sector is currently the largest source of GHG emissions in the state. In the interest of meeting the state’s emissions reduction targets, California has set a goal that 100% of new passenger vehicle sales will be ZEVs by 2035.^[1] Meeting the state’s ZEV goals will require a significant increase in the number of light-, medium-, and heavy-duty ZEVs on the road and a drastic increase in the infrastructure to support these vehicles. Cumulative sales of ZEVs, which include EVs, in California reached 1.8 million in the fourth quarter of 2023, with ZEVs accounting for 25% of new car sales.^[2]

To support the rapid deployment of ZEVs, in 2018, the governor set a goal of having 250,000 chargers, including 10,000 direct current fast chargers (DCFCs), operating in California by 2025.^[3] Subsequently, the Legislature enacted AB 2127 (Ting, Chapter 365, Statutes of 2018), requiring the CEC to conduct an assessment every two years of the EV charging infrastructure, and associated workforce, needed to meet California’s ZEV deployment goals. In the most recent report published in 2024, the CEC projects over 1 million public and shared private chargers are needed to support 7 million light-duty EVs in 2030, and more than 2 million chargers are needed to support 15 million ZEVs anticipated under Executive Order N-79-20.^[4] An additional 157,000 chargers are needed to support 180,000 medium- and heavy-duty vehicles anticipated for 2030. At present, California has approximately 105,000 public and shared private chargers, including more than 11,000 DCFCs.^[5] This represents an order of magnitude difference between how many chargers are currently operating in California versus how many are needed by 2030.

Roaming agreements – To help locate charging stations, there are a number of dedicated EV charging smartphone apps that provide information such as station locations, charger types at a given location, and real-time usage status (available or in use). Most charging provider companies have proprietary apps designed to help users locate a charging station within the charging provider’s network and pay for charging. Some charging network providers have entered into mutual roaming agreements to enable drivers to use a single app and payment method to access charging stations from different networks. However, roaming agreements are not universal and therefore have done little yet to assuage frustrations from EV drivers who report having to download more than a handful of apps, each of which may require their own account and outstanding balance to use.^[6],^[7]

Reliability of EV chargers – In the last year, Californians bought nearly 470,000 EVs, a record number up 29% from 2022.^[8] As EV adoption has drastically increased and the charging sector has grown, early adopters of EVs have begun to experience hiccups in the charging experience. In their 2023 survey, Plug In America found that, despite EVs scoring well in driver satisfaction, unreliable or non-functional public chargers have increased in severity and become a major concern or a deal-breaker for drivers who own or are considering owning an EV.^[9] Corroborating anecdotal stories from EV owners, a 2022 field study led by UC Berkeley found 28% of public DCFC chargers in the Bay Area were not functional or accessible for a variety of reasons as shown in Table 1.^[10]

Table 1. Functional states of 657 DCFC EV chargers in the Bay Area.⁹

Commonly used as a metric for reliability, uptime is the percentage of time that a charger is functional. Definitions of uptime vary, as do categories of excluded “downtime,” or periods when a charger is not functional but are not counted in uptime statistics. The National Electric Vehicle Infrastructure (NEVI) Formula Program considers a charging port “up” when its hardware and software are both online and available for use, or in use, and the charging port successfully dispenses electricity in accordance with requirements for minimum power level.^[11] NEVI also specified that downtime due to electric service interruptions, failure to initiate a charge at the expected power level due to the fault of the vehicle, scheduled maintenance, vandalism, or natural disasters is excluded from the uptime calculation. NEVI mandates a 97% uptime requirement annually for five years.

In 2022, the Legislature passed AB 2061 (Ting, Chapter 345, Statutes of 2022), directing the CEC to define “uptime” for reliability and develop uptime recordkeeping and reporting standards for EV chargers and charging stations installed on or after January 1, 2024 and that received state or ratepayer funding. The CEC has aligned with the definitions for uptime and downtime with NEVI, and adopted requirements for chargers installed on or after January 1, 2024 to meet 97% uptime.^[12] Despite alignment, the CEC has acknowledged that NEVI’s uptime statistics may not capture many situations where a charger is considered “up,” but drivers are still unable to charge their vehicles successfully. For example, a payment system fault may leave a driver unable to pay and authorize charging at an “up” charger.^[13] Also, a definition of downtime that excludes vandalism may leave drivers unable to charge at damaged chargers. The CEC has partnered with the University of California, Davis Institute of Transportation Studies to investigate the charging reliability experience in different communities and identify potential solutions for providers to maximize the reliability of chargers.^[14]

COMMENTS:

1. Author’s statement. According to the author, “In light of recent publicity around the poor EV charging experience, it is clear that increased accountability is necessary. A January story by the LA Times followed a potential EV buyer as he backed out of his decision to purchase an EV due to concerns about inoperable public chargers. As driver dissatisfaction with EV charging increases, California risks its transition to electrification in the transportation sector. EV drivers must have several different charging applications on their phones just to locate a charger that may not even be functional. Instead, roaming agreements provide drivers with secure and accurate data such as: charger location, station operator, station status, hours of operation, type of charger, pricing, and timestamps for individual stations. Providing drivers with live station data using roaming agreements will measurably improve the worsening EV driver experience.”
2. Getting ahead of the curve. Supporting the 2 million EV chargers that the CEC projects are needed by 2035 to bolster California’s ambitious climate goals necessitates updating and expanding the state’s distribution and transmission systems. But years-long permitting processes across multiple agencies, community opposition, and high costs mean it may take a decade to build new electric utility infrastructure. Thus, it may be prudent to look in all directions for ways, including network roaming and uptime requirements, to improve the state’s existing EV charger system and support the continued adoption of EVs, rather than be reliant on new EV charging installations to adjust to market needs. This bill appropriately focuses on both new and existing EV charger installations, seeking to improve overall EV user experience in the state and support the continued adoption of EVs.
3. Related legislation.

AB 2815 (Petrie-Norris) would require the CEC to provide funding for repair or replacement of a non-operational EV charging station through a new or existing program under the CTP, of which at least 50% of the funds would be allocated to low-income or disadvantaged communities. Status: set for hearing on April 22^nd, 2024 in the Assembly Committee on Natural Resources. This bill passed the Assembly Committee on Transportation on April 12^th, 2024 with a 15-0-0 vote.

1. Prior legislation.

AB 126 (Reyes and Gonzalez) reauthorized fees that fund the Air Quality Improvement Program, the Clean Transportation Program, and the Enhanced Fleet Modernization Program. Among other changes, required the CEC to, with regards to EVCS installed on or after January 1, 2024 that received state funding or ratepayer money, to adopt tools to increase uptime and recordkeeping at those stations and to set standards for how those stations shall notify customers about their availability and accessibility. Status: Chapter 319, Statutes of 2023.

SB 123 (Committee on Budget and Fiscal Review) required EV chargers that are newly installed and publicly available to offer specified payment methods for level 2 and fast chargers. Authorized the CEC to modify those requirements in consideration of changing technologies, and vested authority to the CEC to implement and enforce those requirements. Status: Chapter 52, Statutes of 2023.

AB 1349 (Irwin) would have required owners or operators of EV charging stations for which the owner or operator was awarded a state grant on or after January 1, 2024 to support the EV charging station, including related infrastructure, to make available specified data on the owners’ or operators’ entire network of EV charging stations in California, free of charge, to third-party software developers. Status: Held in Senate Committee on Energy, Utilities, and Communications.

AB 126 (Reyes) required the CEC to set standards for how EV charging stations notify customers about the availability and accessibility of publicly available charging infrastructure, and required the CEC to adopt tools to increase uptime at charging stations. Status: Chapter 319, Statutes of 2023.

AB 2061 (Ting and Reyes) required the CEC to develop uptime recordkeeping and reporting standards for EVCS that received state funding or ratepayer money and are installed on or after January 1, 2024. Status: Chapter 345, Statutes of 2022.

AB 2127 (Ting) required the CEC to conduct a statewide assessment every two years of 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 zero-emission vehicles (ZEVs) on the road and reducing greenhouse gas (GHG) emissions 40% below 1990 levels by 2030. Status: Chapter 364, Statutes of 2018.

SB 454 (Corbett) prohibited charging a subscription fee on persons desiring to use an EV charging station and required the total actual charges for the use of an EV charging station to be disclosed to the public at the point of sale. Status: Chapter 418, Statutes of 2023.

1. Double referral. This bill was previously heard in the Assembly Committee on Transportation on April 15^th, 2024, where it passed 14-0-1.

REGISTERED SUPPORT / OPPOSITION:

Support

Midpen Housing Corporation

Plug In America

Union of Concerned Scientists

Support If Amended

California Electric Transportation Coalition

Opposition

Electric America, LLC

Oppose Unless Amended

Electric Vehicle Charging Association

EV Charging Solutions, Inc.

Analysis Prepared by: Kathleen Chen / U. & E. / (916) 319-2083

1. Executive Order N-79-20 ↑

2. CEC; “New ZEV Sales in California”; https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and-infrastructure-statistics/new-zev-sales. ↑

3. Executive Order B-48-18 ↑

4. CEC; Assembly Bill 2127 Second Electric Vehicle Charging Infrastructure Assessment; February 2024. ↑

5. CEC; “Electric Vehicle Chargers in California”; https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and-infrastructure-statistics/electric-vehicle. ↑

6. ABC News; “Electric vehicle drivers get candid about charging: ‘Logistical nightmare’”; February 2023; https://abcnews.go.com/Business/broken-machines-long-waits-reality-charging-electric-vehicle/story?id=97389275. ↑

7. Axios; “Exclusive: EV charging providers to allow roaming across their networks”; June 2021; https://www.axios.com/2021/06/24/electric-vehicle-charging-roaming-networks. ↑

8. Veloz; “Q4 2023 data shows a 29% year-over-year increase in EV sales in California, with over 1.2 million EVs sold nationally”; February 2024. ↑

9. Plug In America; “2023 EV Driver Insights”; https://pluginamerica.org/survey/2023-ev-driver-survey/. ↑

10. UC Berkeley, Cool the Earth, SLAC National Accelerator Laboratory; “Reliability of Open Public Electric Vehicle Direct Current Fast Chargers”; March 2022. ↑

11. US Department of Transportation, Federal Highway Administration. National Electric Vehicle Infrastructure Standards and Requirements; February 2023. ↑

12. CEC; “Second Draft Staff Report Tracking and Improving Reliability of California’s Electric Vehicle Chargers”; April 2024. ↑

13. General Motors; “GM Comments on CEC Reliability Workshop”; November 2022; https://efiling.energy.ca.gov/GetDocument.aspx?tn=247428&DocumentContentId=81809. ↑

14. UC Davis Institute of Transportation Studies; “Measuring Charging Infrastructure Reliability in California”; https://ev.ucdavis.edu/project/measuring-charging-infrastructure-reliability-california. ↑

Date of Hearing: April 15, 202 4

ASSEMBLY COMMITTEE ON TRANSPORTATION

Lori D. Wilson, Chair

ABPCA Bill Id:AB 2697 (

Author:Irwin) – As Amended Ver:April 9, 2024

SUBJECT: Transportation electrification: electric vehicle charging infrastructure

SUMMARY: Requires the California Energy Commission (CEC) to develop network roaming requirements for state-funded electric vehicle (EV) chargers and charging station networks by January 1, 2026 and to develop uptime recordkeeping and reporting standards for stations installed between January 1, 2018 and January 1, 2024.

Specifically, this bill:

1. Defines “charging network provider” as including, but not limited to, an electrical corporation, a local publicly owned electric utility, or a private EV charging infrastructure developer.
2. Requires the CEC to develop network roaming requirements for EV chargers and charging station networks by January 1, 2026, that received state incentives or funds collected through charges on ratepayers.
3. Requires the network roaming requirements to:
4. Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available EV charging station, regardless of the network they use;
5. Require network roaming agreements between the charging network providers to create a more seamless and positive experience for consumers; and,
6. Only apply the network roaming requirements and agreement conditions to the charging network providers that received state incentives or funds collected through charges on ratepayers.
7. Requires the CEC, when developing the requirements, to consider federal definitions and rulings to ensure consistency between standards and to prioritize addressing consumer needs to reduce barriers to EV adoption.
8. Repeals the provisions regarding network roaming requirements on January 1, 2035.
9. Applies uptime recordkeeping and reporting standards applicable to EV chargers and charging stations installed after January 1, 2024, to EV chargers and charging stations installed with moneys from the consent decrees among the California State Air Resources Board (CARB), Volkswagen AG, et al. (VW), and the United States Department of Justice (DOJ) in the United States of America v. Volkswagen AG, et al., Case No. 16-cv-295 (N.D. Cal.) (VW Settlement Consent Decrees).
10. Requires the CEC, in consultation with the PUC, to develop additional uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2026, and applies the additional standards to EV chargers and charging stations installed between January 1, 2018, and January 1, 2024, that (i) received an incentive from a state agency or through a charge on ratepayers or (ii) were installed with moneys from VW Settlement Consent Decrees, for a minimum of six years.
11. Requires the CEC, in developing the additional uptime recordkeeping and reporting standards, to consider the technological capability of stations, the potential of the standards to result in station closure if unable to report required information, the likelihood of near-term station replacement, and other factors the commission considers appropriate.

EXISTING LAW:

1. Defines, under the Electric Vehicle Charging Stations Open Access Act, the following:
2. “Electric vehicle charging station” means one or more publicly available parking spaces served by electric vehicle service equipment.
3. “Electric vehicle service equipment” means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle.
4. “Network roaming” means the act of a member of one electric vehicle charging station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account information. (Health and Safety Code (HSC) 44268)
5. Prohibits requiring charging a subscription on persons desiring to use an EV charging station and prohibits requiring those persons from being required to obtain membership in any club, association, or organization as a condition of using the station and requires the total actual charges for the use of an EV charging station, including any additional network roaming charges for nonmembers, to be disclosed to the public at the point of sale. (HSC 44268.2)
6. Requires CEC, in consultation with CARB, as part of the development of the Clean Transportation (CTP) investment plan, to assess whether charging station infrastructure is disproportionately deployed, and, to use CTP funding to more proportionately deploy new charging station infrastructure, unless CEC makes a finding that the disproportionate deployment is reasonable and furthers state energy or environmental policy. (PRC 25231)
7. Requires the CEC, in consultation with the PUC, to develop uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2024, applicable only to EV chargers and charging stations that were installed on or after January 1, 2024, that received an incentive from a state agency or through a charge on ratepayers, for a minimum of six years. (PRC 25231.5)

FISCAL EFFECT: Unknown

COMMENTS: In 2020, Gov. Gavin Newsom issued Executive Order (EO) N-79-20, mandating that 100% of cars sold in California by 2035 be zero-emission vehicles (ZEVs) to reduce greenhouse gas emissions. To help meet its ambitious climate goals and encourage the adoption of ZEVs, the state provides incentives to develop a robust network of EV charging stations.

With an expected 15.2 million EVs on the road by 2035, the CEC projects that over 2 million additional EV chargers will need to be built in the next decade. To date, the CEC reports that over 100,000 total public and shared private EV chargers are available to charge the over

1 million light-duty passenger ZEVS (including plug-in hybrids) currently on the road. Despite the fact that one in four cars sold in the state in 2023 were ZEVs, the majority of consumers have real concerns about whether they will be able to find a nearby, working EV charging station if they buy an EV. As the state continues to push for more and more ZEVs, ensuring that the supporting EV charging infrastructure is accessible and reliable remains a critical hurdle.

Charging an electric car is unlike refilling a gasoline car. In contrast to the average 10-minute stop at a gas station, the length of time required to fully charge an EV can range from 30 minutes to several hours overnight depending on the type of charger. Although 100,000 charging stations have been built, many of these stations are difficult to find, scarce in rural areas, and frequently non-operational. If a working charging station can be found, the station may not have the proper connector to charge the ZEV in question, and the cost of the charging session and the speed at which the station will dispense electricity may not be clear.

To help locate charging stations, there are a number of dedicated electric vehicle charging smartphone apps that provide information such as station locations, charger types at a given location, and real-time usage status (available or in use). Most charging provider companies have proprietary apps designed to help users locate a charging station within the charging provider’s network. Some smartphone apps aggregate all charging networks, allowing users to search through all the different charging stations in an area, regardless of the charging network, and utilize crowdsourced input on real-time availability and station conditions.

However, news reports continue to reveal driver frustration with current app solutions, with drivers stating that, “there isn’t a good software tool that helps electric vehicle owners plan their trips,” forcing drivers to download multiple applications on their phone to find a charging station. Additionally, there are instances of drivers “download[ing] at least eight apps on [their] phone from companies like EVgo, Electrify America, ChargePoint and Shell Recharge,” not only cluttering a driver’s phone, but certain applications also require an account and outstanding balance to use.

EV charging infrastructure developers are exploring the broader adoption of network roaming agreements. Much like mobile phone network roaming, which allows mobile phone owners to make calls when traveling abroad or in areas where their principal network has limited coverage, EV network roaming agreements between charging network providers allow station location data to be shared across their proprietary apps, and simplifies payment and billing across networks. Currently, the two main models of network agreements are peer-to-peer (P2P) agreements and the hub-and-spoke model agreement. P2P agreements are directly negotiated between charging network providers, whereas hub-and-spoke models utilize a single party as the “hub” contracting with multiple charging network providers as the “spokes” and then serving as the intermediary sharing location and payment data across all spokes.

Aside from the inconvenience of downloading various applications in order to locate chargers, the New York Times reported that despite drivers checking online prior to arriving at a charging station, “about a quarter of the public charging outlets in the San Francisco Bay Area, where electric cars are commonplace, were not working.”

In order to address reliability issues going forward, the Legislature passed AB 2061 (Ting), Chapter 345, Statutes of 2022, which requires the CEC and PUC to impose certain performance standards (e.g., uptime requirements) on state-funded charging stations installed after January 1, 2024. As of early 2024, the performance standards are still in development. In parallel, the EV charging industry is moving towards requisite service contracts after installation, establishing minimum operational and maintenance requirements for charging stations and designating responsibility to station owners, operators or charging network providers. According to the CEC’s Draft Staff Report, “Tracking California’s Electric Vehicle Chargers” (September 26, 2023), “[t]he CEC has included reliability requirements in EV charging grants since 2021, which set 97% uptime standards, recordkeeping and reporting requirements, and maintenance requirements for grant recipients.” The Draft Staff Report further notes that “[t]he requirement that networked chargers regulated by AB 2061 report the status of the chargers using OCPP 1.6 or later is technically feasible.”

The CEC has recently coalesced around the use of Open Charge Point Protocol (OCPP), an application protocol for EV charging stations to communicate station information with a charge network provider. In 2018, a CEC-funded project at the Santa Clara EV Charging Center demonstrated successful charge operation and management of a charge station network using OCPP version 1.6 (OCPP 1.6). Starting January 1, 2024, the CEC is requiring all funded chargers to be certified for OCPP 1.6 or later, and OCPP 2.0.1 or later by the OCA beginning 2025. OCPP 1.6 was published in 2015 and OCPP 2.0.1 in 2021, with compliance testing tools released in 2016 and in 2023, respectively.

According to the author, “In light of recent publicity around the poor EV charging experience, it is clear that increased accountability is necessary. A January story by the LA Times followed a potential EV buyer as he backed out of his decision to purchase an EV due to concerns about inoperable public chargers. As driver dissatisfaction with EV charging increases, California risks its transition to electrification in the transportation sector. EV drivers must have several different charging applications on their phones just to locate a charger that may not even be functional. Instead, roaming agreements provide drivers with secure and accurate data such as: charger location, station operator, station status, hours of operation, type of charger, pricing, and timestamps for individual stations. Providing drivers with live station data using roaming agreements will measurably improve the worsening EV driver experience.”

Writing in support, Plug In America states, “As California pursues a clean transportation future to meet its ambitious climate goals, we must accurately understand the current and future EV charging landscape. Access to charging is one of the biggest considerations for consumers when assessing transitioning to an electric vehicle. Based on results from Plug In America’s 2023 EV driver survey, public EV charging is currently unreliable and has left consumers wanting more. Setting uptime recordkeeping and reporting standards for pre-2024 infrastructure will complement the requirements the CEC is currently developing for post-2024 infrastructure. Together, the requirements will help ensure California’s public charging infrastructure is reliable across the state.”

In opposition, Electrify America writes “AB 2697 would also require the creation of network roaming requirements for EV charging stations. This requirement is unnecessary, as existing open access requirements for EV charging stations in California require stations to be accessible to any driver, including through the use of credit card readers. The provisions in AB 2697 would further require companies to share proprietary and confidential information with competitors and would create a new and costly burden for EV charging providers that would serve to increase the soft costs associated with installing and operating EV chargers in the state. Already, it costs 36% more to design and construct an Electrify America station in California than it does in another state. These requirements would add to these costs, undercutting the state’s ZEV adoption goals. AB 2697 would also create technical complexity that would be nearly impossible to implement and degrade rather than improve the customer experience. Requiring a charge point operator (CPO) to be interoperable with any and every managed service provider (MSP) would remove opportunities for a CPO to have direct touchpoints with its customers and impede the CPO’s ability to troubleshoot customer issues on its network when they arise. Requiring these partnerships in law would also remove a CPO’s ability to sever relationships with MSPs that create technical or cybersecurity problems through poor implementation. It would also be cumbersome and costly for a CPO to have to reconcile billing across an unlimited number of MSPs. Interoperability through roaming agreements between CPOs and MSPs are likely to occur without regulatory requirement, but they will happen with careful negotiation and not on an artificial timeline.”

Committee Comments: Network Roaming Agreements. This bill requires the CEC to develop network roaming requirements for EV chargers and charging station networks, as well as require owners and operators of charging stations to enter into network roaming agreements if the charging station received state-incentives.

Network roaming agreements streamline the EV charging experience by allowing a driver to search for a charging station and pay for a charging session regardless of the station’s host network all within a single mobile app. Development of network roaming requirements by the CEC are a step in the right direction to assuage consumer concerns about charging accessibility.

Despite the proliferation of ZEVs, EV charging infrastructure is still experiencing significant growing pains. As a new industry, current business models for owning, operating and managing EV charging stations vary immensely, as does the lexicon around them. For example, an EV charging station owner may not be the same as the party responsible for maintaining the station (e.g., charge point operators), who in turn may not be same as the party responsible for managing a smartphone charging app, providing visibility to available EV stations and handling payments (e.g., charging network provider, also known as EV service providers).

Unless they are also charging network providers, individual owners and operators of EV charging stations are unlikely to have access to the larger body of data that would be shared in a network roaming agreement, let alone the technical means of engaging in network roaming agreements. Charging network providers, as the aggregators of charging station information would be better suited as parties involved in the proposed roaming agreements.

In developing of network roaming requirements, the CEC should consider how existing network roaming agreements can be accommodated (or not). Notably, AB 2697 only applies the network roaming requirements to charging stations that received public funds. The requirements would not apply to EV charging stations in private networks that were installed without public funds, such as Tesla charging stations. It should be recognized that many complaints about EV charging apps are from non-Tesla ZEV owners about chargers outside the Tesla charging ecosystem. However, as ZEV adoption increases and more charging stations are needed, network roaming requirements providing accessibility to any and all EV chargers are worth considering.

Reliability standards. The bill further requires the CEC and PUC to develop uptime recordkeeping and reporting standards, and apply those standards to state-funded EV chargers that were installed after January 1, 2018 but before January 1, 2024. The bill also

Broken and unreliable charging stations are one of the main talking points driving the conversation around ZEVs and a major reason for consumer reluctance to buy ZEVs. Requiring existing chargers to meet certain performance and reporting standards would help alleviate concerns about driving ZEVs. Additionally, knowing how many legacy chargers are broken and why could be useful as California continues to build out EV charging infrastructure.

However, the retroactive application of uptime recordkeeping and reporting standards to charging stations installed prior to January 1, 2024 faces many technical challenges. The charging stations that would be impacted range in age from few months to a decade old. Many legacy chargers are not only technologically obsolete in their hardware, software, and networking capabilities as compared to state-of-the-art chargers, but also extremely dissimilar to one another in their capabilities. For example, in 2022, termination of cellular network support for 3G rendered many chargers inoperable.

The bill distinguishes the proposed “additional” uptime recordkeeping and reporting standards applicable to chargers installed from 2018-2023 as separate from those being applied to EV charging stations installed after January 2024. In that sense, the CEC and PUC can tailor reliability requirements to older chargers because it is not clear how many would be able to comply with those requirements without extensive equipment upgrades to measure, record and transmit the needed information. Moreover, warranties and service agreements on many older chargers have lapsed. Without clear designation of who would be responsible for meeting uptime requirements or held accountable if they were not met, application and enforcement of performance standards on legacy chargers may end up being overly complex to achieve. This bill provides the CEC with flexibility to develop these standards such that they are not overly burdensome and are practicable to implement.

This bill further applies uptime recordkeeping and reporting standards to chargers installed from 2018 onwards using moneys from the consent decrees signed under the VW “Dieselgate” settlement, through VW subsidiary Electrify America. CARB has overseen the expenditure of $800 million in California over four investment cycles, starting in 2017, and the opening of Electrify America’s first EV charging station in 2018. As of 2024, CARB plans to apply reliability metrics to the maintenance plan for disbursement of the final cycle of funding for $200 million. CARB has not currently developed any standards but may, though no final decisions have been made to, adopt similar standards as required under the federal National Electric Vehicle Infrastructure program or under the CEC.

The CEC plans to build 250,000 additional chargers over the next two years, one million chargers by 2030, and two million chargers by 2035, all of which will be subject to uptime recordkeeping and reporting standards after January 1, 2024. Based on estimates of 20-30% of chargers being non-operational today, broken EV chargers from before 2024 will make up less than 2% of the state’s total EV charging network in 2035. Recognizing that the broken EV chargers affect EV drivers today, performance requirements for chargers that can comply with uptime recordkeeping and reporting standards would alleviate EV drivers’ frustration and improve the EV charging experience until more EV chargers are installed.

Double referral: This bill is double referred to the Assembly Utilities and Energy Committee and will be heard by that Committee as it relates to issues under its jurisdiction.

Related Legislation: AB 1349 (Irwin) of 2023 would have required, on and after June 1, 2024, owners, operators, and infrastructure developers of EV charging stations, except for charging stations located at residential dwellings, as defined, for which those parties are awarded a state grant to support the EV charging stations, including related infrastructure, on or after January 1, 2024, to ensure that specified data fields for the owner’s or operator’s entire network of EV charging stations in California are made available, free of charge, to third-party software developers through an application programming interface, as specified. Held in Senate Committee on Energy, Utilities, and Communications.

SB 123 (Committee on Budget and Fiscal Review), Chapter 52, Statutes of 2023 requires an EV charging station that is newly installed or made publicly available to offer specified payment methods, authorizes the CEC, by regulation that is effective no earlier than January 1, 2028, to add or subtract from the payment methods required by the bill, as appropriate in light of changing technologies, and vests the CEC with authority to implement and enforce those requirements on EV charging stations and would specify that CARB has the authority to enforce the requirements on EV charging stations until the commission adopts regulations implementing those requirements.

AB 126 (Reyes), Chapter 319, Statutes of 2023 requires the CEC, by January 1, 2025, to set standards for how EV charging stations notify customers about the availability and accessibility of publicly available charging infrastructure, and requires rather than authorizes the CEC to adopt tools to increase charging station uptime.

AB 2061 (Ting), Chapter 345, Statutes of 2022 requires the CEC, in consultation with the PUC, to develop uptime recordkeeping and reporting standards for EV chargers and charging stations by January 1, 2024, applicable only to EV chargers and charging stations that were installed on or after January 1, 2024, that received an incentive from a state agency or through a charge on ratepayers, for a minimum of 6 years. AB 2061 further authorizes the CEC and PUC to adopt tools to increase charging station uptime.

AB 2127 (Ting), Chapter 365, Statutes of 2018 requires the CEC, CARB and the PUC to prepare and biennially update a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least 5 million zero-emission vehicles on California roads by 2030 and of reducing emissions of greenhouse gases to 40% below 1990 levels by 2030. 

SB 454 (Corbett), Chapter 418, Statutes of 2013 creates the Electric Vehicle Charging Stations Open Access Act) which prohibits charging a subscription fee on persons desiring to use an electric vehicle charging station and requires the total actual charges for the use of an electric vehicle charging station to be disclosed to the public at the point of sale.

REGISTERED SUPPORT / OPPOSITION:

Support

Plug in America

Union of Concerned Scientists

Opposition

Electrify America

Electric Vehicle Charging Association (unless amended)

Analysis Prepared by: Stephanie Choing / TRANS. / (916) 319-2093