SR-05-13-2014-13CFig-TINWIM
CITY CLERK'S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Councilmember McKeown
Date: May 13, 2014
13 -C: Request of Councilmember McKeown that the Council support AB 2565
(Muratsuchi), which would allow renters to place electric vehicle charging
stations in rented parking spaces, and authorize City staff to convey our
support to our City lobbyist, state legislators, and the Governor.
ATMEMWIM
Assembly Bill 2565 (Muratsuchi)
Electric Vehicle Infrastructure Act
SUMMARY
AB 2565 would allow a tenant to install an electric
vehicle charging station in a leased parking space if the
tenant is willing to pay for all the costs associated with
installation and operation of the charging station.
BACKGROUND
California is the largest market for Electric Vehicles (EV)
in the United States. Over one third of all electric
vehicles in the U.S. are in California. Policies such as the
governor's 1.5 million Zero Emission Vehicle (ZEV) goal
by 2025 and the Clean Vehicle Rebate Program have
contributed to the most aggressive EV adoption in the
country.
In order for the state to meet the ZEV goal set by
Governor Brown in his Executive Order B -16 -2012 in
March of 2012, a significant amount of investment in
public charging infrastructure is required.
The costs of this investment may be recovered by
charging EV customers for the electric charge. The
ability to recoup this investment was ensured by the
enactment of AB 631 (Ma) [Ch. 480, Statutes of 20111 .
AB 631 provided that EV charging is not regulated as a
public utility, therefore, allowing EV charging station
owners to charge their customers without having to go
before the PUC to get a rate approved. In addition to
being able to recover the cost of investing in an EV
charging station, lease programs are available to reduce
the upfront cost of installation.
NEED FOR THE BILL
EV infrastructure is not keeping up with EV adoption. In
2012, there were 29,640 EVs registered in California
along with 4,348 public charging ports for a ratio of
nearly 7 vehicles for every public charging port. In
2013, there were 60,181 EVs registered in California
along with 7,542 public charging ports for a ratio of
nearly 8 vehicles for every public charging port.
Further, the current ratio in California is not uniform
statewide. While some parts of the state have seen a
reasonable investment in EV infrastructure, other parts
of the state have little or no public charging stations.
Last Updated 29- Apr -14
For example, there is not a single public charging station
within the City of Fresno city limits. An ideal statewide
ratio is 3 EVs for every public charging port. This ratio
should allow for an EV charging port is available to any
driver who needs it.
As California moves forward with the ZEV and clean air
goals, the fact that 41% of California residents live in
multi - family housing and do not have access to parking
spaces for EV charging will remain a challenge. In order
for these Californians to be able to drive EVs, there
must be access to workplace and public EV charging
stations.
WHAT THE BILL DOES
In order to address the lack of EV infrastructure, AB
2565 seeks to remove an impediment to charging
station installation. Property owners may refuse to
allow the installation of a charging station even if the
tenant is willing to pay for the installation and operation
of the station. AB 2565 would remove this impediment
by stating that a property owner cannot unreasonably
deny a tenant the ability to install a charging station if
the tenant is willing to pay for all expenses related to
the installation and operation of the station.
SUPPORT
Charge Point, Inc.
CalSTART
National Electrical Manufacturers Association
Powertree Services Inc.
California Energy Storage Alliance
OPPOSITION
California Business Property Owners Association et al
(Letter of concern)
CONTACTS
Brett Williams
Office of Assemblymember Muratsuchi
(916) 319 -2066
Brett.williams @asm.ca.gov
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
CALIFORNIA LEGISLATURE - 2013 -14 REGULAR SESSION
ASSEMBLY BILL No. 2565
Introduced by Assembly Member Muratsuchi
February 21, 2014
An act to add Section 22511.2 to the Vehicle Code, relati"
vehicles. 1952.7 to the Civil Code, relating to tenancy.
LEGISLAPIVE COUNSEL'S DIGEST
AB 2565, as amended, Muratsuchi. Electric vehicles! ofFstreet p
€aeilitiesRentalproperly: electronic vehicle charging stations.
Existing law regulates the terms and conditions of residential and
commercial tenancies. Existing law defines and regulates common
interest developments and voids any condition affecting the transfer or
sale of an interest in a common interest development that prohibits or
unreasonably restricts the installation or use of an electric vehicle
charging station in a designated parking space in the development, as
specified.
This bill would void any terns in a lease, contract, or other instrument
affecting the lease of commercial or residential property that either
effectively prohibits or unreasonably restricts, as defined, the installation
or use of an electric vehicle charging station in a lessee's designated
parka ngspace or a parking space in a common area or that is otherwise
to conflict with its provisions. The bill would prescribe requirements
for lessor approval of a lessee request to install or use an electronic
vehicle charging station and would require that a lessor approve a
request to install a charging station if the lessee agrees in writing to
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AB 2565 —2—
do specified acts, including paying for various costs associated with
the charging station and inaintaining insurance naming the lessee as
an insured The bill would provide that a lessor that willfully violates
its provisions is liable to a lessee applying to install the electric vehicle
charging station for actual damages and a civil penalty not to exceed
$1,000. The bill would require, in any action to enforce compliance
with these provisions, that a prevailing plaint�ffbe awarded reasonable
attorney's fees.
resolution, Existing law authorizes a loeal authority, by ordinance or
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facilities, veltieles in one or more if the total number of electric vehicle
stalls or spaces, for all facilities within the one-mile radius, equals thc
nbrnber that would otherwise be required. The bill would prohibit a-
par4cing stall or space designated for this purpose from displacing o
reducing eertaitt aeeessible stalls or spaees required by federal
Americans with Disabilities Act Accessibility Gitidelifles.
Vote: majority. Appropriation: no. Fiscal coimnittee: yes -no.
State - mandated local program: no.
The people of the State of California do enact as follows:
SUCTION]. Section 1952.7 is added to the Civil Code, to read:
1952.7. (a) (1) Any term in a lease, contract, security
instrument, or other instrument affecting the lease of any interest
in commercial or residential property that either effectively
prohibits or unreasonably restricts the installation or use of an
electric vehicle charging station in a lessee's designated parking
space, including, but not limited to, an assigned parking space, a
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parking space in a common area, or a parking space that is
specifically designated for use by a particular lessee, or is
otherwise in conflict with tine provisions of this section, is void and
unenforceable.
(2) This subdivision does not apply to provisions that impose
reasonable restrictions on the installation of electric vehicle
charging stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of'electric vehicle
charging stations.
(b) For purposes of this section:
(1) "Electric vehicle charging station" or "charging station"
rrneans a station that is designed in compliance with the California
Building Standards Code and delivers electricity from a source
outside an electric vehicle into one or more electric vehicles.
(2) `Reasonable restrictions" or "reasonable standards" are
restrictions or standards that do not signfcantly increase the cost
of the electric vehicle charging station or its installation or
significantly decrease the chorgingstation's efficiency orspecified
performance.
(c) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state
and local authorities as well as all other applicable zoning, land
use, or other ordinances, or land use permit requirements.
(d) If lessor approval is required for the installation or use of
an electric vehicle charging station, the opplication,for approval
shall be processed and approved by the lessor in the same manner
as an application for approval of a lessee modification to the
property and shall not be ivilyilly avoided or delayed. The
approval or denial of an application shall be in writing. If an
application is not denied in writing within 60 days from the date
of receipt of the application, the application shall be deemed
approved, unless that delay is the result of a reasonable request
Pr additional information.
(e) An electric vehicle charging station installed by a lessee
shall satisf, the folloia,ingprovisiorns:
(1) If lessor approval is required, the lesseeffirst shall obtain
approval from the lessor to install the electric vehicle charging
station and the lessor shall approve the installation if the lessee
agrees in writing to do all of the following:
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(A) Comply with the lessor's reasonable standards for the
installation of the charging station.
(B) Engage a licensed contractor to install the charging station.
(C) Within 14 days of approval, provide a cert�ficate of
insurance that names the lessor as an additional insured under
the lessee's insurance policy in the amount set forth in paragraph
(3)
(D) Pay for the electricity usage associated with the charging
station.
(2) The lessee shall be responsible for all of the.following:
(A) Costs for damage to property and the charging station
resulting from the installation, maintenance, repair, removal, or
replacement of the charging station.
(B) Costs for the maintenance, repair, and replacement of the
charging station.
(C) The cost of electricity associated with the charging station.
(3) The lessee at all times, shall maintain a lessee liability
coveragepolicy in the amountofone million dollars ($1, 000, 000),
and shall name the lessor as a named additional insured under
the policy with a right to notice of cancellation.
69 Except as provided in subdivision (g), installation of an
electric vehicle charging station for the exclusive use of a lessee
in a common area, that is not mr exclusive use common area, shall
be authorized by the lessor if installation in the lessee's designated
parking space is impossible or unreasonably expensive and the
lessor complies with the requirements in subdivision (e). It? this
case, the lessor shall enter into a license agreement with the lessee
for the use of the space in the common area.
(g) The lessor or the lessee may install an electric vehicle
charging station in the common area .for the use of all lessees of
the lessor and, in that case, the lessor shall develop appropriate
terms of use for the charging station.
07) A lessor may create a new parking space where one did not
previously exist to facilitate the installation of an electric vehicle
charging station.
(i) A lessor that wilfrdly violates this section shall be liable to
the lessee applying to install the electric vehicle charging station
for actual damages, and shall pay a civil penalty to the lessee in
an amount not to exceed one thousand dollars ($1, 000). In any
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action to enforce compliance with this section, the prevailing
plaintishall be awarded reasonable allorney's fees.
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