Bill Text


PDF |Add To My Favorites |Track Bill | print page

AB-1539 Commercial vessels: protection and indemnity insurance.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/23/2021 09:00 PM
AB1539:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1539


Introduced by Assembly Member Levine

February 19, 2021


An act to amend Section 740.20 of the Public Utilities Code, relating to electricity. add Article 2.8 (commencing with Section 758) to Chapter 5 of Division 3 of the Harbors and Navigation Code, relating to vessels.


LEGISLATIVE COUNSEL'S DIGEST


AB 1539, as amended, Levine. Transportation electrification: Electric Vehicle Infrastructure Training Program. Commercial vessels: protection and indemnity insurance.
Existing law expresses the policy of the state to promote safety for persons and property in and connected with the use and equipment of vessels. Existing law requires every for-hire vessel company to procure adequate liability protection for the payment of damages for personal bodily injuries, including death, and property damage as a result of an accident.
This bill would require a vessel used for commercial purposes to have a minimum of $1,000,000 of protection and indemnity insurance to cover wreck removal costs of the vessel. The bill would authorize the Division of Boating and Waterways to adopt regulations to implement that requirement and would subject the operator of a vessel who violates that requirement or those regulations to a civil penalty not exceeding an unspecified amount per day per violation.

Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. Existing law, enacted as part of the Clean Energy and Pollution Reduction Act of 2015, requires the PUC, in consultation with the Energy Commission and State Air Resources Board, to direct electrical corporations to file applications for programs and investments to accelerate widespread transportation electrification, as defined, to achieve specified results.

Existing law requires certain installations of transportation electrification customer infrastructure and higher power charging ports that are funded or authorized by the PUC, Energy Commission, or state board and performed on and after January 1, 2022, to be installed with the participation of electricians holding an Electric Vehicle Infrastructure Training Program certification, as specified. Existing law requires the Electric Vehicle Infrastructure Training Program to offer Electric Vehicle Infrastructure Training Program courses in an online format that would remain available through December 31, 2024.

This bill would instead require that the Electric Vehicle Infrastructure Training Program courses remain available in an online format indefinitely. The bill would require, not later than March 1, 2022, that the Electric Vehicle Infrastructure Training Program offer certification testing in an online format. The bill would require the Energy Commission to periodically review the reasonableness of the fees or charges assessed by the Electric Vehicle Infrastructure Training Program and set the fees or charges accordingly. The bill would require any fees assessed to comply with the requirement to offer the Electric Vehicle Infrastructure Training Program, or certification testing, in an online format be assessed on a one-time basis to recoup any reasonable startup costs, as determined by the Energy Commission.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.

Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the PUC implementing the bill’s requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 2.8 (commencing with Section 758) is added to Chapter 5 of Division 3 of the Harbors and Navigation Code, to read:
Article  2.8. Protection and Indemnity Insurance for Commercial Vessels

758.
 (a) A vessel used for commercial purposes shall have a minimum of one million dollars ($1,000,000) of protection and indemnity insurance to cover wreck removal costs of the vessel.
(b) The division may adopt regulations to implement this section.
(c) The division may impose a civil penalty of not more than ____ dollars ($____) per day per violation on the operator of a vessel used for commercial purposes that violates subdivision (a) or a regulation adopted pursuant to subdivision (b).

SECTION 1.Section 740.20 of the Public Utilities Code is amended to read:
740.20.

(a)(1)The commission, the Energy Commission, and the State Air Resources Board shall require that all electric vehicle charging infrastructure and equipment located on the customer side of the electrical meter that is funded or authorized, in whole or in part, by those state entities shall be installed by a contractor with the appropriate license classification, as determined by the Contractors’ State License Board, and at least one electrician on each crew, at any given time, who holds an Electric Vehicle Infrastructure Training Program certification.

(2)The commission, the Energy Commission, and the State Air Resources Board shall require that projects funded or authorized, in whole or in part, by those state entities, that install a charging port supplying 25 kilowatts or more to a vehicle have at least 25 percent of the total electricians working on the crew for the project, at any given time, who hold Electric Vehicle Infrastructure Training Program certification.

(3)One member of each crew may be both the contractor and an Electric Vehicle Infrastructure Training Program certified electrician.

(b)Subdivision (a) does not apply to any of the following:

(1)Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility.

(2)Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).

(3)Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet.

(c)An electrician apprenticeship program approved by the Division of Apprenticeship Standards or a continuing education provider approved by the Department of Industrial Relations to provide training to electricians may provide apprentices with Electric Vehicle Infrastructure Training Program training with their own Electric Vehicle Infrastructure Training Program certified instructors. The Electric Vehicle Infrastructure Training Program certification exam shall be administered by the Electric Vehicle Infrastructure Training Program.

(d)The Electric Vehicle Infrastructure Training Program shall provide copies of its Electric Vehicle Infrastructure Training Program curriculum and any updates or revisions to any Electric Vehicle Infrastructure Training Program certified instructor within 30 days of a request or when the curriculum is updated.

(e)(1)No later than May 1, 2021, and periodically thereafter, the Energy Commission, in consultation with the commission, shall conduct joint public workshops to determine if the Electric Vehicle Infrastructure Training Program curriculum and testing should be supplemented to include updated or additional topics necessary to ensure safe installation of charging infrastructure. In conducting the workshops, the Energy Commission shall seek public input from entities, including from labor groups, electrical contractors, electric vehicle service providers, and the Electric Vehicle Infrastructure Training Program. The Energy Commission’s determination shall consider cost, cost effectiveness, consensus in the industry, market penetration of new technologies, and the availability of supplemental training from other sources. The Energy Commission’s determination shall be reasonable, supplemental, and shall maintain the existing scope and rigor of the Electric Vehicle Infrastructure Training Program curriculum and testing. The Energy Commission shall not require the Electric Vehicle Infrastructure Training Program to provide product-specific training. If the Energy Commission determines that the Electric Vehicle Infrastructure Training Program should be supplemented, the Electric Vehicle Infrastructure Training Program shall incorporate this supplemental curriculum and testing within six months of final action by the Energy Commission, unless additional time is reasonably required. The Electric Vehicle Infrastructure Training Program may incorporate supplemental curriculum and testing either as a California-specific supplement to the Electric Vehicle Infrastructure Training Program certification or as part of the standard Electric Vehicle Infrastructure Training Program certification.

(2)As part of the first workshop pursuant to paragraph (1), the Energy Commission, in consultation with the commission, shall evaluate whether additional training and testing is needed to safely install direct current fast charging infrastructure, high voltage charging infrastructure, or charging infrastructure for medium- and heavy-duty vehicles.

(3)The Energy Commission, in consultation with the commission, shall periodically review the reasonableness of the online and in-person training and certification fees or charges assessed by the Electric Vehicle Infrastructure Training Program, and set such fees or charges accordingly. Any fees assessed to comply with subdivision (i) shall be assessed on a one-time basis to recoup any reasonable startup costs, as determined by the Energy Commission.

(f)Electric Vehicle Infrastructure Training Program training shall qualify as part of the 32 hours of further electrical education that a California certified electrician is required to complete every three years pursuant to Section 291.5 of Title 8 of the California Code of Regulations.

(g)Except as provided in subdivision (h), subdivision (a) applies to all work performed on or after January 1, 2022, pursuant to any decision made on or after January 1, 2021, by the commission, the Energy Commission, or the State Air Resources Board.

(h)(1)Subdivision (a) applies to any work performed after January 1, 2021, pursuant to decisions described in subdivision (a) of Section 740.18.

(2)Subdivision (a) does not apply to electric vehicle charging infrastructure and equipment that is subject to any agreements or contracts with any public agency entered into prior to January 1, 2021, even if it is funded or authorized after January 1, 2021.

(i)Not later than March 1, 2021, the Electric Vehicle Infrastructure Training Program shall offer Electric Vehicle Infrastructure Training Program courses in an online format accessible to the public on a nondiscriminatory basis. The online format shall remain available indefinitely. Not later than March 1, 2022, the Electric Vehicle Infrastructure Training Program shall offer certification testing in an online format.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.