CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1423Introduced by Assembly Member IrwinFebruary 21, 2025 An act to amend Section 25231.5 of the Public Resources Code, relating to transportation electrification. LEGISLATIVE COUNSEL'S DIGESTAB 1423, as introduced, Irwin. Transportation electrification: charging station uptime: regulations: violations.Existing law requires the State Energy Resources Conservation and Development 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 delete the latter requirement. The bill would instead require, for electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards to apply for a minimum of 6 years unless the Energy Commission decides a longer time span is more appropriate.Existing law requires the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase charging station uptime, as provided, and, by January 1, 2025, set standards for how specified charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure.This bill would instead require the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase uptime for all charging stations and set standards for how all charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure. The bill would authorize the Energy Commission to adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to that requirement and for the assessment of an administrative civil penalty not to exceed $2,500 for each violation, as provided. The bill would also authorize the Energy Commission, if it finds that a violation of specified regulations has occurred or is threatening to occur, to refer the matter to the Attorney General to petition a court to enjoin the violation. The bill would authorize the court to grant prohibitory or mandatory injunctive relief and assess a civil penalty, as provided. The bill would require that those penalties and other costs be deposited into the General Fund.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 25231.5 of the Public Resources Code is amended to read:25231.5. (a) (1) 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. stations. For electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(2)The uptime recordkeeping and reporting standards shall do all of the following:(A)Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.(B)Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(C)Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(3)(2) (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)(3) 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, uptime for all charging stations, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the The commission shall set standards for how all charging stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) Regulations adopted pursuant to this section shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(f) Regulations adopted pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership, and the date the charging station was installed. 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.(g) The commission may ensure timely and accurate compliance with regulations implementing the recordkeeping and reporting standards of this section by using the enforcement measures identified in Section 25321.(h) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivision (d) and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) of, and Chapter 4.5 (commencing with Section 11400) of, Part 1 of Division 3 of Title 2 of the Government Code.(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:(A) The nature and seriousness of the violation.(B) The number of violations.(C) The persistence of the violation.(D) The length of time over which the violation occurred.(E) The willfulness of the violation.(F) The violators assets, liabilities, and net worth.(G) The harm to consumers and to the state that resulted from the severity of the violation.(i) If the commission finds that a violation of the regulations adopted pursuant to this section has occurred or is threatening to occur, the commission may, in addition to or in place of assessing an administrative penalty, refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction. A court may additionally assess a civil penalty as follows:(1) For each violation of a regulation adopted pursuant to subdivision (d), the civil penalty shall not exceed two thousand five hundred dollars ($2,500), considering the factors specified in paragraph (2) of subdivision (h).(2) For a violation of a regulation implementing the recordkeeping and reporting standards of this section, a civil penalty identified in Section 25321.(j) An order imposing an administrative civil penalty pursuant to this section shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.(k) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.(l) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to subdivision (h) for a violation of a regulation adopted pursuant to subdivision (d), until both of the following occur:(1) No fewer than 60 days have elapsed since the effective date of the regulations.(2) No fewer than 30 days have elapsed since the date when the commission provided notice to the violator of the alleged violation, either by mail or other means reasonably calculated to provide actual notice.(m) Penalties and costs collected pursuant to this section shall be deposited into the General Fund.(n) The executive director of the commission may adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt 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).(e)(o) 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)(p) Nothing in this section shall be construed to 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). Code), except as specified in subdivision (n).(g)(q) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1423Introduced by Assembly Member IrwinFebruary 21, 2025 An act to amend Section 25231.5 of the Public Resources Code, relating to transportation electrification. LEGISLATIVE COUNSEL'S DIGESTAB 1423, as introduced, Irwin. Transportation electrification: charging station uptime: regulations: violations.Existing law requires the State Energy Resources Conservation and Development 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 delete the latter requirement. The bill would instead require, for electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards to apply for a minimum of 6 years unless the Energy Commission decides a longer time span is more appropriate.Existing law requires the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase charging station uptime, as provided, and, by January 1, 2025, set standards for how specified charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure.This bill would instead require the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase uptime for all charging stations and set standards for how all charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure. The bill would authorize the Energy Commission to adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to that requirement and for the assessment of an administrative civil penalty not to exceed $2,500 for each violation, as provided. The bill would also authorize the Energy Commission, if it finds that a violation of specified regulations has occurred or is threatening to occur, to refer the matter to the Attorney General to petition a court to enjoin the violation. The bill would authorize the court to grant prohibitory or mandatory injunctive relief and assess a civil penalty, as provided. The bill would require that those penalties and other costs be deposited into the General Fund.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1423
Introduced by Assembly Member IrwinFebruary 21, 2025
Introduced by Assembly Member Irwin
February 21, 2025
An act to amend Section 25231.5 of the Public Resources Code, relating to transportation electrification.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1423, as introduced, Irwin. Transportation electrification: charging station uptime: regulations: violations.
Existing law requires the State Energy Resources Conservation and Development 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 delete the latter requirement. The bill would instead require, for electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards to apply for a minimum of 6 years unless the Energy Commission decides a longer time span is more appropriate.Existing law requires the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase charging station uptime, as provided, and, by January 1, 2025, set standards for how specified charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure.This bill would instead require the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase uptime for all charging stations and set standards for how all charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure. The bill would authorize the Energy Commission to adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to that requirement and for the assessment of an administrative civil penalty not to exceed $2,500 for each violation, as provided. The bill would also authorize the Energy Commission, if it finds that a violation of specified regulations has occurred or is threatening to occur, to refer the matter to the Attorney General to petition a court to enjoin the violation. The bill would authorize the court to grant prohibitory or mandatory injunctive relief and assess a civil penalty, as provided. The bill would require that those penalties and other costs be deposited into the General Fund.
Existing law requires the State Energy Resources Conservation and Development 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 delete the latter requirement. The bill would instead require, for electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards to apply for a minimum of 6 years unless the Energy Commission decides a longer time span is more appropriate.
Existing law requires the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase charging station uptime, as provided, and, by January 1, 2025, set standards for how specified charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure.
This bill would instead require the Energy Commission, in consultation with the Public Utilities Commission, to adopt tools to increase uptime for all charging stations and set standards for how all charging stations are required to notify customers about the availability and accessibility of publicly available charging infrastructure. The bill would authorize the Energy Commission to adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to that requirement and for the assessment of an administrative civil penalty not to exceed $2,500 for each violation, as provided. The bill would also authorize the Energy Commission, if it finds that a violation of specified regulations has occurred or is threatening to occur, to refer the matter to the Attorney General to petition a court to enjoin the violation. The bill would authorize the court to grant prohibitory or mandatory injunctive relief and assess a civil penalty, as provided. The bill would require that those penalties and other costs be deposited into the General Fund.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 25231.5 of the Public Resources Code is amended to read:25231.5. (a) (1) 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. stations. For electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(2)The uptime recordkeeping and reporting standards shall do all of the following:(A)Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.(B)Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(C)Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(3)(2) (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)(3) 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, uptime for all charging stations, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the The commission shall set standards for how all charging stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) Regulations adopted pursuant to this section shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(f) Regulations adopted pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership, and the date the charging station was installed. 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.(g) The commission may ensure timely and accurate compliance with regulations implementing the recordkeeping and reporting standards of this section by using the enforcement measures identified in Section 25321.(h) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivision (d) and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) of, and Chapter 4.5 (commencing with Section 11400) of, Part 1 of Division 3 of Title 2 of the Government Code.(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:(A) The nature and seriousness of the violation.(B) The number of violations.(C) The persistence of the violation.(D) The length of time over which the violation occurred.(E) The willfulness of the violation.(F) The violators assets, liabilities, and net worth.(G) The harm to consumers and to the state that resulted from the severity of the violation.(i) If the commission finds that a violation of the regulations adopted pursuant to this section has occurred or is threatening to occur, the commission may, in addition to or in place of assessing an administrative penalty, refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction. A court may additionally assess a civil penalty as follows:(1) For each violation of a regulation adopted pursuant to subdivision (d), the civil penalty shall not exceed two thousand five hundred dollars ($2,500), considering the factors specified in paragraph (2) of subdivision (h).(2) For a violation of a regulation implementing the recordkeeping and reporting standards of this section, a civil penalty identified in Section 25321.(j) An order imposing an administrative civil penalty pursuant to this section shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.(k) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.(l) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to subdivision (h) for a violation of a regulation adopted pursuant to subdivision (d), until both of the following occur:(1) No fewer than 60 days have elapsed since the effective date of the regulations.(2) No fewer than 30 days have elapsed since the date when the commission provided notice to the violator of the alleged violation, either by mail or other means reasonably calculated to provide actual notice.(m) Penalties and costs collected pursuant to this section shall be deposited into the General Fund.(n) The executive director of the commission may adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt 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).(e)(o) 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)(p) Nothing in this section shall be construed to 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). Code), except as specified in subdivision (n).(g)(q) 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 25231.5 of the Public Resources Code is amended to read:25231.5. (a) (1) 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. stations. For electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(2)The uptime recordkeeping and reporting standards shall do all of the following:(A)Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.(B)Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(C)Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(3)(2) (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)(3) 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, uptime for all charging stations, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the The commission shall set standards for how all charging stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) Regulations adopted pursuant to this section shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(f) Regulations adopted pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership, and the date the charging station was installed. 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.(g) The commission may ensure timely and accurate compliance with regulations implementing the recordkeeping and reporting standards of this section by using the enforcement measures identified in Section 25321.(h) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivision (d) and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) of, and Chapter 4.5 (commencing with Section 11400) of, Part 1 of Division 3 of Title 2 of the Government Code.(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:(A) The nature and seriousness of the violation.(B) The number of violations.(C) The persistence of the violation.(D) The length of time over which the violation occurred.(E) The willfulness of the violation.(F) The violators assets, liabilities, and net worth.(G) The harm to consumers and to the state that resulted from the severity of the violation.(i) If the commission finds that a violation of the regulations adopted pursuant to this section has occurred or is threatening to occur, the commission may, in addition to or in place of assessing an administrative penalty, refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction. A court may additionally assess a civil penalty as follows:(1) For each violation of a regulation adopted pursuant to subdivision (d), the civil penalty shall not exceed two thousand five hundred dollars ($2,500), considering the factors specified in paragraph (2) of subdivision (h).(2) For a violation of a regulation implementing the recordkeeping and reporting standards of this section, a civil penalty identified in Section 25321.(j) An order imposing an administrative civil penalty pursuant to this section shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.(k) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.(l) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to subdivision (h) for a violation of a regulation adopted pursuant to subdivision (d), until both of the following occur:(1) No fewer than 60 days have elapsed since the effective date of the regulations.(2) No fewer than 30 days have elapsed since the date when the commission provided notice to the violator of the alleged violation, either by mail or other means reasonably calculated to provide actual notice.(m) Penalties and costs collected pursuant to this section shall be deposited into the General Fund.(n) The executive director of the commission may adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt 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).(e)(o) 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)(p) Nothing in this section shall be construed to 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). Code), except as specified in subdivision (n).(g)(q) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SECTION 1. Section 25231.5 of the Public Resources Code is amended to read:
### SECTION 1.
25231.5. (a) (1) 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. stations. For electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(2)The uptime recordkeeping and reporting standards shall do all of the following:(A)Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.(B)Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(C)Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(3)(2) (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)(3) 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, uptime for all charging stations, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the The commission shall set standards for how all charging stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) Regulations adopted pursuant to this section shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(f) Regulations adopted pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership, and the date the charging station was installed. 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.(g) The commission may ensure timely and accurate compliance with regulations implementing the recordkeeping and reporting standards of this section by using the enforcement measures identified in Section 25321.(h) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivision (d) and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) of, and Chapter 4.5 (commencing with Section 11400) of, Part 1 of Division 3 of Title 2 of the Government Code.(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:(A) The nature and seriousness of the violation.(B) The number of violations.(C) The persistence of the violation.(D) The length of time over which the violation occurred.(E) The willfulness of the violation.(F) The violators assets, liabilities, and net worth.(G) The harm to consumers and to the state that resulted from the severity of the violation.(i) If the commission finds that a violation of the regulations adopted pursuant to this section has occurred or is threatening to occur, the commission may, in addition to or in place of assessing an administrative penalty, refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction. A court may additionally assess a civil penalty as follows:(1) For each violation of a regulation adopted pursuant to subdivision (d), the civil penalty shall not exceed two thousand five hundred dollars ($2,500), considering the factors specified in paragraph (2) of subdivision (h).(2) For a violation of a regulation implementing the recordkeeping and reporting standards of this section, a civil penalty identified in Section 25321.(j) An order imposing an administrative civil penalty pursuant to this section shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.(k) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.(l) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to subdivision (h) for a violation of a regulation adopted pursuant to subdivision (d), until both of the following occur:(1) No fewer than 60 days have elapsed since the effective date of the regulations.(2) No fewer than 30 days have elapsed since the date when the commission provided notice to the violator of the alleged violation, either by mail or other means reasonably calculated to provide actual notice.(m) Penalties and costs collected pursuant to this section shall be deposited into the General Fund.(n) The executive director of the commission may adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt 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).(e)(o) 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)(p) Nothing in this section shall be construed to 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). Code), except as specified in subdivision (n).(g)(q) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
25231.5. (a) (1) 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. stations. For electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(2)The uptime recordkeeping and reporting standards shall do all of the following:(A)Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.(B)Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(C)Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(3)(2) (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)(3) 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, uptime for all charging stations, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the The commission shall set standards for how all charging stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) Regulations adopted pursuant to this section shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(f) Regulations adopted pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership, and the date the charging station was installed. 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.(g) The commission may ensure timely and accurate compliance with regulations implementing the recordkeeping and reporting standards of this section by using the enforcement measures identified in Section 25321.(h) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivision (d) and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) of, and Chapter 4.5 (commencing with Section 11400) of, Part 1 of Division 3 of Title 2 of the Government Code.(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:(A) The nature and seriousness of the violation.(B) The number of violations.(C) The persistence of the violation.(D) The length of time over which the violation occurred.(E) The willfulness of the violation.(F) The violators assets, liabilities, and net worth.(G) The harm to consumers and to the state that resulted from the severity of the violation.(i) If the commission finds that a violation of the regulations adopted pursuant to this section has occurred or is threatening to occur, the commission may, in addition to or in place of assessing an administrative penalty, refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction. A court may additionally assess a civil penalty as follows:(1) For each violation of a regulation adopted pursuant to subdivision (d), the civil penalty shall not exceed two thousand five hundred dollars ($2,500), considering the factors specified in paragraph (2) of subdivision (h).(2) For a violation of a regulation implementing the recordkeeping and reporting standards of this section, a civil penalty identified in Section 25321.(j) An order imposing an administrative civil penalty pursuant to this section shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.(k) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.(l) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to subdivision (h) for a violation of a regulation adopted pursuant to subdivision (d), until both of the following occur:(1) No fewer than 60 days have elapsed since the effective date of the regulations.(2) No fewer than 30 days have elapsed since the date when the commission provided notice to the violator of the alleged violation, either by mail or other means reasonably calculated to provide actual notice.(m) Penalties and costs collected pursuant to this section shall be deposited into the General Fund.(n) The executive director of the commission may adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt 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).(e)(o) 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)(p) Nothing in this section shall be construed to 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). Code), except as specified in subdivision (n).(g)(q) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
25231.5. (a) (1) 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. stations. For electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(2)The uptime recordkeeping and reporting standards shall do all of the following:(A)Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.(B)Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.(C)Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.(3)(2) (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)(3) 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, uptime for all charging stations, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.(2) By January 1, 2025, the The commission shall set standards for how all charging stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.(e) Regulations adopted pursuant to this section shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.(f) Regulations adopted pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership, and the date the charging station was installed. 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.(g) The commission may ensure timely and accurate compliance with regulations implementing the recordkeeping and reporting standards of this section by using the enforcement measures identified in Section 25321.(h) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivision (d) and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) of, and Chapter 4.5 (commencing with Section 11400) of, Part 1 of Division 3 of Title 2 of the Government Code.(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:(A) The nature and seriousness of the violation.(B) The number of violations.(C) The persistence of the violation.(D) The length of time over which the violation occurred.(E) The willfulness of the violation.(F) The violators assets, liabilities, and net worth.(G) The harm to consumers and to the state that resulted from the severity of the violation.(i) If the commission finds that a violation of the regulations adopted pursuant to this section has occurred or is threatening to occur, the commission may, in addition to or in place of assessing an administrative penalty, refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction. A court may additionally assess a civil penalty as follows:(1) For each violation of a regulation adopted pursuant to subdivision (d), the civil penalty shall not exceed two thousand five hundred dollars ($2,500), considering the factors specified in paragraph (2) of subdivision (h).(2) For a violation of a regulation implementing the recordkeeping and reporting standards of this section, a civil penalty identified in Section 25321.(j) An order imposing an administrative civil penalty pursuant to this section shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.(k) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.(l) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to subdivision (h) for a violation of a regulation adopted pursuant to subdivision (d), until both of the following occur:(1) No fewer than 60 days have elapsed since the effective date of the regulations.(2) No fewer than 30 days have elapsed since the date when the commission provided notice to the violator of the alleged violation, either by mail or other means reasonably calculated to provide actual notice.(m) Penalties and costs collected pursuant to this section shall be deposited into the General Fund.(n) The executive director of the commission may adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt 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).(e)(o) 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)(p) Nothing in this section shall be construed to 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). Code), except as specified in subdivision (n).(g)(q) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
25231.5. (a) (1) 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. stations. For electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers, the uptime recordkeeping and reporting standards shall apply for a minimum of six years unless the commission decides a longer time span is more appropriate.
(2)The uptime recordkeeping and reporting standards shall do all of the following:
(A)Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.
(B)Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.
(C)Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.
(3)
(2) (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)
(3) 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, uptime for all charging stations, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.
(2) By January 1, 2025, the The commission shall set standards for how all charging stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.
(e) Regulations adopted pursuant to this section shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.
(f) Regulations adopted pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership, and the date the charging station was installed. 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.
(g) The commission may ensure timely and accurate compliance with regulations implementing the recordkeeping and reporting standards of this section by using the enforcement measures identified in Section 25321.
(h) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivision (d) and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) of, and Chapter 4.5 (commencing with Section 11400) of, Part 1 of Division 3 of Title 2 of the Government Code.
(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:
(A) The nature and seriousness of the violation.
(B) The number of violations.
(C) The persistence of the violation.
(D) The length of time over which the violation occurred.
(E) The willfulness of the violation.
(F) The violators assets, liabilities, and net worth.
(G) The harm to consumers and to the state that resulted from the severity of the violation.
(i) If the commission finds that a violation of the regulations adopted pursuant to this section has occurred or is threatening to occur, the commission may, in addition to or in place of assessing an administrative penalty, refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction. A court may additionally assess a civil penalty as follows:
(1) For each violation of a regulation adopted pursuant to subdivision (d), the civil penalty shall not exceed two thousand five hundred dollars ($2,500), considering the factors specified in paragraph (2) of subdivision (h).
(2) For a violation of a regulation implementing the recordkeeping and reporting standards of this section, a civil penalty identified in Section 25321.
(j) An order imposing an administrative civil penalty pursuant to this section shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.
(k) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.
(l) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to subdivision (h) for a violation of a regulation adopted pursuant to subdivision (d), until both of the following occur:
(1) No fewer than 60 days have elapsed since the effective date of the regulations.
(2) No fewer than 30 days have elapsed since the date when the commission provided notice to the violator of the alleged violation, either by mail or other means reasonably calculated to provide actual notice.
(m) Penalties and costs collected pursuant to this section shall be deposited into the General Fund.
(n) The executive director of the commission may adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt 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).
(e)
(o) 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)
(p) Nothing in this section shall be construed to 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). Code), except as specified in subdivision (n).
(g)
(q) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.