Amended IN Assembly March 19, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2697Introduced by Assembly Members Irwin and TingFebruary 14, 2024An act to add and repeal Section 44268.5 of the Health and Safety Code, and to amend Section 25231.5 of the Public Resources Code, relating to transportation electrification.LEGISLATIVE COUNSEL'S DIGESTAB 2697, as amended, Irwin. Transportation electrification: electric vehicle charging infrastructure.(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 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. Existing(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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 44268.5 is added to the Health and Safety Code, to read:44268.5. (a) For purposes of this section, owner or operator of an electric vehicle charging station includes, but is not limited to, an electrical corporation, a local publicly owned electric utility, or a private electric vehicle charging infrastructure developer.(b) The commission shall develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026.(c) The network roaming requirements shall do all of the following:(1) Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available electric vehicle charging station, regardless of the network they use.(2) Require network roaming agreements between the owners or operators of electric vehicle charging stations to create a more seamless and positive experience for consumers.(3) Only apply to the charging network of owners or operators of electric vehicle charging stations that received an incentive from a state agency or through a charge on ratepayers.(d) When developing network roaming requirements for electric vehicle chargers and charging station networks, the commission shall do both of the following:(1) Consider federal definitions and rulings to ensure consistency between standards.(2) Prioritize addressing consumer needs to reduce barriers to electric vehicle adoption.(e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.SECTION 1.SEC. 2. Section 25231.5 of the Public Resources Code is amended to read:25231.5. (a) (1) (A) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.(2)(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall do all of the following:(A)(i) Only apply to electric vehicle chargers and charging stations that meet any of the following criteria:(i)Received received an incentive from a state agency or through a charge on ratepayers.(ii)Were installed before January 1, 2024.(iii)Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(B)(ii) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(iii) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(2) (A) The commission, in consultation with the Public Utilities Commission, shall develop additional uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2026.(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply to electric vehicle chargers and charging stations installed before January 1, 2024, that meet either of the following criteria:(i) Received an incentive from a state agency or through a charge on ratepayers.(ii) Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(C) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(3) (A) The commission shall define uptime through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.(B) When defining uptime, the commission shall do both of the following:(i) Include the operability of both software and hardware.(ii) Consider federal definitions to ensure consistency between standards.(C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operators control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.(b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site hosts right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.(c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities.(2) The commission shall update the assessment performed pursuant to this subdivision every two years.(3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.(d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, requirements and operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) This section does not prohibit or limit the commissions or other state agencies ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards.(f) This section does not grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. Amended IN Assembly March 19, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2697Introduced by Assembly Members Irwin and TingFebruary 14, 2024An act to add and repeal Section 44268.5 of the Health and Safety Code, and to amend Section 25231.5 of the Public Resources Code, relating to transportation electrification.LEGISLATIVE COUNSEL'S DIGESTAB 2697, as amended, Irwin. Transportation electrification: electric vehicle charging infrastructure.(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 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. Existing(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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Amended IN Assembly March 19, 2024 Amended IN Assembly March 11, 2024 Amended IN Assembly March 19, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2697 Introduced by Assembly Members Irwin and TingFebruary 14, 2024 Introduced by Assembly Members Irwin and Ting February 14, 2024 An act to add and repeal Section 44268.5 of the Health and Safety Code, and to amend Section 25231.5 of the Public Resources Code, relating to transportation electrification. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 2697, as amended, Irwin. Transportation electrification: electric vehicle charging infrastructure. (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 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. Existing(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. (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 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. Existing (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. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 44268.5 is added to the Health and Safety Code, to read:44268.5. (a) For purposes of this section, owner or operator of an electric vehicle charging station includes, but is not limited to, an electrical corporation, a local publicly owned electric utility, or a private electric vehicle charging infrastructure developer.(b) The commission shall develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026.(c) The network roaming requirements shall do all of the following:(1) Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available electric vehicle charging station, regardless of the network they use.(2) Require network roaming agreements between the owners or operators of electric vehicle charging stations to create a more seamless and positive experience for consumers.(3) Only apply to the charging network of owners or operators of electric vehicle charging stations that received an incentive from a state agency or through a charge on ratepayers.(d) When developing network roaming requirements for electric vehicle chargers and charging station networks, the commission shall do both of the following:(1) Consider federal definitions and rulings to ensure consistency between standards.(2) Prioritize addressing consumer needs to reduce barriers to electric vehicle adoption.(e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.SECTION 1.SEC. 2. Section 25231.5 of the Public Resources Code is amended to read:25231.5. (a) (1) (A) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.(2)(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall do all of the following:(A)(i) Only apply to electric vehicle chargers and charging stations that meet any of the following criteria:(i)Received received an incentive from a state agency or through a charge on ratepayers.(ii)Were installed before January 1, 2024.(iii)Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(B)(ii) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(iii) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(2) (A) The commission, in consultation with the Public Utilities Commission, shall develop additional uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2026.(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply to electric vehicle chargers and charging stations installed before January 1, 2024, that meet either of the following criteria:(i) Received an incentive from a state agency or through a charge on ratepayers.(ii) Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(C) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(3) (A) The commission shall define uptime through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.(B) When defining uptime, the commission shall do both of the following:(i) Include the operability of both software and hardware.(ii) Consider federal definitions to ensure consistency between standards.(C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operators control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.(b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site hosts right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.(c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities.(2) The commission shall update the assessment performed pursuant to this subdivision every two years.(3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.(d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, requirements and operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) This section does not prohibit or limit the commissions or other state agencies ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards.(f) This section does not grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 44268.5 is added to the Health and Safety Code, to read:44268.5. (a) For purposes of this section, owner or operator of an electric vehicle charging station includes, but is not limited to, an electrical corporation, a local publicly owned electric utility, or a private electric vehicle charging infrastructure developer.(b) The commission shall develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026.(c) The network roaming requirements shall do all of the following:(1) Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available electric vehicle charging station, regardless of the network they use.(2) Require network roaming agreements between the owners or operators of electric vehicle charging stations to create a more seamless and positive experience for consumers.(3) Only apply to the charging network of owners or operators of electric vehicle charging stations that received an incentive from a state agency or through a charge on ratepayers.(d) When developing network roaming requirements for electric vehicle chargers and charging station networks, the commission shall do both of the following:(1) Consider federal definitions and rulings to ensure consistency between standards.(2) Prioritize addressing consumer needs to reduce barriers to electric vehicle adoption.(e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. SECTION 1. Section 44268.5 is added to the Health and Safety Code, to read: ### SECTION 1. 44268.5. (a) For purposes of this section, owner or operator of an electric vehicle charging station includes, but is not limited to, an electrical corporation, a local publicly owned electric utility, or a private electric vehicle charging infrastructure developer.(b) The commission shall develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026.(c) The network roaming requirements shall do all of the following:(1) Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available electric vehicle charging station, regardless of the network they use.(2) Require network roaming agreements between the owners or operators of electric vehicle charging stations to create a more seamless and positive experience for consumers.(3) Only apply to the charging network of owners or operators of electric vehicle charging stations that received an incentive from a state agency or through a charge on ratepayers.(d) When developing network roaming requirements for electric vehicle chargers and charging station networks, the commission shall do both of the following:(1) Consider federal definitions and rulings to ensure consistency between standards.(2) Prioritize addressing consumer needs to reduce barriers to electric vehicle adoption.(e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 44268.5. (a) For purposes of this section, owner or operator of an electric vehicle charging station includes, but is not limited to, an electrical corporation, a local publicly owned electric utility, or a private electric vehicle charging infrastructure developer.(b) The commission shall develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026.(c) The network roaming requirements shall do all of the following:(1) Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available electric vehicle charging station, regardless of the network they use.(2) Require network roaming agreements between the owners or operators of electric vehicle charging stations to create a more seamless and positive experience for consumers.(3) Only apply to the charging network of owners or operators of electric vehicle charging stations that received an incentive from a state agency or through a charge on ratepayers.(d) When developing network roaming requirements for electric vehicle chargers and charging station networks, the commission shall do both of the following:(1) Consider federal definitions and rulings to ensure consistency between standards.(2) Prioritize addressing consumer needs to reduce barriers to electric vehicle adoption.(e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 44268.5. (a) For purposes of this section, owner or operator of an electric vehicle charging station includes, but is not limited to, an electrical corporation, a local publicly owned electric utility, or a private electric vehicle charging infrastructure developer.(b) The commission shall develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026.(c) The network roaming requirements shall do all of the following:(1) Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available electric vehicle charging station, regardless of the network they use.(2) Require network roaming agreements between the owners or operators of electric vehicle charging stations to create a more seamless and positive experience for consumers.(3) Only apply to the charging network of owners or operators of electric vehicle charging stations that received an incentive from a state agency or through a charge on ratepayers.(d) When developing network roaming requirements for electric vehicle chargers and charging station networks, the commission shall do both of the following:(1) Consider federal definitions and rulings to ensure consistency between standards.(2) Prioritize addressing consumer needs to reduce barriers to electric vehicle adoption.(e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 44268.5. (a) For purposes of this section, owner or operator of an electric vehicle charging station includes, but is not limited to, an electrical corporation, a local publicly owned electric utility, or a private electric vehicle charging infrastructure developer. (b) The commission shall develop network roaming requirements for electric vehicle chargers and charging station networks by January 1, 2026. (c) The network roaming requirements shall do all of the following: (1) Ensure drivers have access to a secure and standard set of data to help locate and use a publicly available electric vehicle charging station, regardless of the network they use. (2) Require network roaming agreements between the owners or operators of electric vehicle charging stations to create a more seamless and positive experience for consumers. (3) Only apply to the charging network of owners or operators of electric vehicle charging stations that received an incentive from a state agency or through a charge on ratepayers. (d) When developing network roaming requirements for electric vehicle chargers and charging station networks, the commission shall do both of the following: (1) Consider federal definitions and rulings to ensure consistency between standards. (2) Prioritize addressing consumer needs to reduce barriers to electric vehicle adoption. (e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. SECTION 1.SEC. 2. Section 25231.5 of the Public Resources Code is amended to read:25231.5. (a) (1) (A) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.(2)(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall do all of the following:(A)(i) Only apply to electric vehicle chargers and charging stations that meet any of the following criteria:(i)Received received an incentive from a state agency or through a charge on ratepayers.(ii)Were installed before January 1, 2024.(iii)Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(B)(ii) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(iii) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(2) (A) The commission, in consultation with the Public Utilities Commission, shall develop additional uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2026.(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply to electric vehicle chargers and charging stations installed before January 1, 2024, that meet either of the following criteria:(i) Received an incentive from a state agency or through a charge on ratepayers.(ii) Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(C) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(3) (A) The commission shall define uptime through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.(B) When defining uptime, the commission shall do both of the following:(i) Include the operability of both software and hardware.(ii) Consider federal definitions to ensure consistency between standards.(C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operators control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.(b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site hosts right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.(c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities.(2) The commission shall update the assessment performed pursuant to this subdivision every two years.(3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.(d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, requirements and operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) This section does not prohibit or limit the commissions or other state agencies ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards.(f) This section does not grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. SECTION 1.SEC. 2. Section 25231.5 of the Public Resources Code is amended to read: ### SECTION 1.SEC. 2. 25231.5. (a) (1) (A) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.(2)(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall do all of the following:(A)(i) Only apply to electric vehicle chargers and charging stations that meet any of the following criteria:(i)Received received an incentive from a state agency or through a charge on ratepayers.(ii)Were installed before January 1, 2024.(iii)Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(B)(ii) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(iii) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(2) (A) The commission, in consultation with the Public Utilities Commission, shall develop additional uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2026.(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply to electric vehicle chargers and charging stations installed before January 1, 2024, that meet either of the following criteria:(i) Received an incentive from a state agency or through a charge on ratepayers.(ii) Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(C) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(3) (A) The commission shall define uptime through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.(B) When defining uptime, the commission shall do both of the following:(i) Include the operability of both software and hardware.(ii) Consider federal definitions to ensure consistency between standards.(C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operators control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.(b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site hosts right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.(c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities.(2) The commission shall update the assessment performed pursuant to this subdivision every two years.(3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.(d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, requirements and operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) This section does not prohibit or limit the commissions or other state agencies ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards.(f) This section does not grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 25231.5. (a) (1) (A) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.(2)(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall do all of the following:(A)(i) Only apply to electric vehicle chargers and charging stations that meet any of the following criteria:(i)Received received an incentive from a state agency or through a charge on ratepayers.(ii)Were installed before January 1, 2024.(iii)Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(B)(ii) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(iii) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(2) (A) The commission, in consultation with the Public Utilities Commission, shall develop additional uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2026.(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply to electric vehicle chargers and charging stations installed before January 1, 2024, that meet either of the following criteria:(i) Received an incentive from a state agency or through a charge on ratepayers.(ii) Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(C) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(3) (A) The commission shall define uptime through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.(B) When defining uptime, the commission shall do both of the following:(i) Include the operability of both software and hardware.(ii) Consider federal definitions to ensure consistency between standards.(C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operators control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.(b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site hosts right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.(c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities.(2) The commission shall update the assessment performed pursuant to this subdivision every two years.(3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.(d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, requirements and operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) This section does not prohibit or limit the commissions or other state agencies ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards.(f) This section does not grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 25231.5. (a) (1) (A) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.(2)(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall do all of the following:(A)(i) Only apply to electric vehicle chargers and charging stations that meet any of the following criteria:(i)Received received an incentive from a state agency or through a charge on ratepayers.(ii)Were installed before January 1, 2024.(iii)Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(B)(ii) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(iii) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(2) (A) The commission, in consultation with the Public Utilities Commission, shall develop additional uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2026.(B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply to electric vehicle chargers and charging stations installed before January 1, 2024, that meet either of the following criteria:(i) Received an incentive from a state agency or through a charge on ratepayers.(ii) Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).(C) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(3) (A) The commission shall define uptime through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.(B) When defining uptime, the commission shall do both of the following:(i) Include the operability of both software and hardware.(ii) Consider federal definitions to ensure consistency between standards.(C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operators control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.(b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site hosts right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.(c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities.(2) The commission shall update the assessment performed pursuant to this subdivision every two years.(3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.(d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, requirements and operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) This section does not prohibit or limit the commissions or other state agencies ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards.(f) This section does not grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 25231.5. (a) (1) (A) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024. (2) (B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall do all of the following: (A) (i) Only apply to electric vehicle chargers and charging stations that meet any of the following criteria: (i)Received received an incentive from a state agency or through a charge on ratepayers. (ii)Were installed before January 1, 2024. (iii)Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.). (B) (ii) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate. (iii) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024. (2) (A) The commission, in consultation with the Public Utilities Commission, shall develop additional uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2026. (B) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply to electric vehicle chargers and charging stations installed before January 1, 2024, that meet either of the following criteria: (i) Received an incentive from a state agency or through a charge on ratepayers. (ii) Were installed with moneys from the consent decrees among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.). (C) The uptime recordkeeping and reporting standards developed pursuant to this paragraph shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate. (3) (A) The commission shall define uptime through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually. (B) When defining uptime, the commission shall do both of the following: (i) Include the operability of both software and hardware. (ii) Consider federal definitions to ensure consistency between standards. (C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operators control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process. (b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service. (2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards. (3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations. (4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units. (5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site hosts right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity. (c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities. (2) The commission shall update the assessment performed pursuant to this subdivision every two years. (3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322. (d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, requirements and operation and maintenance requirements, and may include incentives, including operation and maintenance incentives. (2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure. (e) This section does not prohibit or limit the commissions or other state agencies ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards. (f) This section does not grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.