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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 97 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 er�enReee�e !e�ee:n���e�eeeee�ee��x . • NOW- 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 97 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -3— AB 2565 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: 97 AB 2565 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —4— (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 97 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -5— AB 2565 action to enforce compliance with this section, the prevailing plaintishall be awarded reasonable allorney's fees. 97 �. IM 11"Ill 97 AB 2565 -6- m 97