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AB-1504 Planning and zoning: electric vehicle charging infrastructure: public right-of-way.(2023-2024)

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Date Published: 04/11/2023 09:00 PM
AB1504:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1504

Introduced by Assembly Member McCarty

February 17, 2023

An act to amend Section Sections 65850.7 of and 65850.71 of, and to add Section 65850.72 to, the Government Code, and to amend Section 25229 of the Public Resources Code, relating to land use. transportation electrification.


LEGISLATIVE COUNSEL'S DIGEST


AB 1504, as amended, McCarty. Planning and zoning: adoption of regulations: electric vehicle charging stations. infrastructure: public right-of-way.
Existing law prescribes various requirements on the review and approval of applications to install electric vehicle charging stations. Existing law requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations and hydrogen-fueling stations through the issuance of a building permit or similar nondiscretionary permit and requires the review of an application to install an electric vehicle charging station or a hydrogen-fueling station to be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. Existing law prohibits a city, county, or city and county from denying an application for a use permit to install an electric vehicle charging station or a hydrogen-fueling station unless it makes written findings that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Existing law requires that any conditions imposed on an application to install an electric vehicle charging station or a hydrogen-fueling station be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Existing law defines “electric vehicle charging station” or “charging station” for these purposes. Existing law repeals these provisions as they pertain to hydrogen-fueling stations on January 1, 2030.
This bill would provide that “electric vehicle charging station” includes electric vehicle charging stations installed in the public right-of-way and electric vehicle charging stations installed with a battery storage system. the provisions described above do not apply to applications to install an electric vehicle charging station or hydrogen-fueling station in a public right-of-way. The bill would require local agencies to complete a plan for the installation of electric vehicle charging stations in the public right-of-way that includes, but is not limited to, a permitting process. In developing the plan and permitting process, the bill would require local agencies to take specified actions. The bill, except as specified, would require local agencies with populations of 250,000 or more to comply with these provisions by January 1, 2027, and local agencies with populations of fewer than 250,000 residents to comply with these provisions by January 1, 2029. The bill would define various terms for these purposes. By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), working with the State Air Resources Board and the Public Utilities Commission (PUC), to prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least 5,000,000 zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40% below 1990 levels by 2030. Existing law requires the Energy Commission, as a part of the assessment, to identify workforce development and training resources needed to meet those goals.
This bill would require the Energy Commission, working with the state board and the PUC, to instead prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of light- and heavy-duty electric vehicle adoption required for the state to meet the goals of a specified executive order, a mobile source strategy, and achieving carbon neutrality as soon as possible and no later than 2045. The bill would require that the assessment also analyze different direct current fast charger power levels, and evaluate the impact of certain deployment scenarios on equitable access to publicly available direct current fast chargers, as specified. The bill would require the Energy Commission to also identify workforce development and training resources needed to meet an array of electric vehicle and electric vehicle charger power levels and to achieve a cost-effective and equitable electric vehicle charging network in the state, as specified. The bill would authorize the Energy Commission to use the findings from the assessment to guide its funding allocations for publicly available direct current fast chargers that are intended to serve light-duty electric vehicles.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 65850.7 of the Government Code, as amended by Section 1 of Chapter 373 of the Statutes of 2022, is amended to read:

65850.7.
 (a) The Legislature finds and declares all of the following:
(1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations and hydrogen-fueling stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. Therefore, this section applies to all cities, including charter cities.
(2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of zero-emission vehicle infrastructure and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging and hydrogen-fueling stations.
(3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and hydrogen-fueling stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations and hydrogen-fueling stations by removing obstacles to, and minimizing costs of, permitting for charging and hydrogen-fueling stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations.
(b) (1) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit.
(2) A city, county, or city and county shall administratively approve an application to install hydrogen-fueling stations through the issuance of a building permit or similar nondiscretionary permit. This paragraph shall only apply to an application to install hydrogen-fueling stations on a parcel that satisfies either of the following:
(A) It is zoned for industrial or commercial development and does not contain any residential units.
(B) It was previously developed with service station. For purposes of this subparagraph, “service station” means any establishment which that offers for sale or sells gasoline or other motor vehicle fuel to the public.
(3) Review of an application to install an electric vehicle charging station or hydrogen-fueling station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station or hydrogen-fueling station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station or hydrogen-fueling station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station or hydrogen-fueling station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e) Any conditions imposed on an application to install an electric vehicle charging station or hydrogen-fueling station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f) (1) An electric vehicle charging station or hydrogen-fueling station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability, or rules of the Department of Food and Agriculture regarding safety, reliability, weights, and measures.
(3) A hydrogen-fueling station shall meet all of the following, as applicable:
(A) Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.
(B) Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
(C) Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.
(g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
(2) An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval.
(3) The checklist and required permitting documentation shall be published on a publicly accessible internet website, if the city, county, or city and county has an internet website, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h) A city, county, or city and county shall not condition approval for any electric vehicle charging station or hydrogen-fueling station permit on the approval of the station by an association, as that term is defined in Section 4080 of the Civil Code.
(i) The following definitions apply to this section:
(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2) “Electronic submittal” means the utilization of one or more of the following:
(A) Email.
(B) The internet.
(C) Facsimile.
(3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle, including, but not limited to, a charging station installed in a public right-of-way and charging station installed with a battery storage system. vehicle.
(4) “Hydrogen-fueling station” means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public.
(5) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(j) This section does not apply to an application to install an electric vehicle charging station or a hydrogen-fueling station in a public right-of-way.

(j)

(k) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 2.

 Section 65850.7 of the Government Code, as added by Section 2 of Chapter 373 of the Statutes of 2022, is amended to read:

65850.7.
 (a) The Legislature finds and declares all of the following:
(1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. Therefore, this section applies to all cities, including charter cities.
(2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations.
(b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability, or rules of the Department of Food and Agriculture regarding safety, reliability, weights, and measures.
(g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval.
(2) The checklist and required permitting documentation shall be published on a publicly accessible internet website, if the city, county, or city and county has an internet website, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i) The following definitions apply to this section:
(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2) “Electronic submittal” means the utilization of one or more of the following:
(A) Email.
(B) The internet.
(C) Facsimile.
(3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle, including, but not limited to, a charging station installed in a public right-of-way and charging station installed with a battery storage system. vehicle.
(4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(j) This section does not apply to an application to install an electric vehicle charging station in a public right-of-way.

(j)

(k) This section become operative on January 1, 2030.

SEC. 3.

 Section 65850.71 of the Government Code is amended to read:

65850.71.
 (a) The Legislature finds and declares both of the following:
(1) An electric vehicle charging station has a significant economic impact in California and is not a municipal affair, as the term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. Therefore, this section applies to all cities, including charter cities.
(2) Table 3 of the Governor’s Office of Business and Economic Development (GO-Biz) Electric Vehicle Charging Station Permitting Guidebook, published July 2019, recommends best practices for electric vehicle supply equipment permitting that would establish a 15-day timeline and satisfy the intent of Assembly Bill 1236 (Chapter 598 of the Statutes of 2015).
(b)  (1) An application to install an electric vehicle charging station submitted to the building official of a city, county, or city and county shall be deemed complete if, after the applicable time period described in paragraph (2) has elapsed, both of the following are true:
(A) The building official of the city, county, or city and county has not deemed the application complete, consistent with the checklist created by the city, county, or city and county pursuant to subdivision (g) of Section 65850.7.
(B) The building official of the city, county, or city and county has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the building official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Section 65850.7.
(2) For purposes of paragraph (1), “applicable time period means” either of the following:
(A) Five business days after submission of the application to the city, county, or city and county, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(B) Ten business days after submission of the application to the city, county, or city and county, if the application is for more than 25 electric vehicle charging stations at a single site.
(c) (1) An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (2) has elapsed and all of the following are true:
(A) The building official of the city, county, or city and county has not administratively approved the application pursuant to subdivision (b) of Section 65850.7.
(B) The building official of the city, county, or city and county has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to subdivision (b) of Section 65850.7.
(C) The building official of the city, county, or city and county has not denied the permit pursuant to subdivision (c) of Section 65850.7.
(D) An appeal has not been made to the planning commission of the city, county, or city and county, pursuant to subdivision (d) of Section 65850.7.
(2) For purposes of paragraph (1), “applicable time period means” either of the following:
(A) Twenty business days after the application was deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(B) Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.
(d) If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the city, county, or city and county shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
(e) If the electric vehicle charging station is being installed in an area that receives electrical service from a local publicly owned electric utility, this section does not expand or restrict the local publicly owned electric utility’s role and responsibility in providing new electric service to the electric vehicle charging station in a manner consistent with safety, reliability, and engineering requirements.
(f) This section does not apply to an application to install an electric vehicle charging station in a public right-of-way.

(f)

(g) This section shall become operative on January 1, 2022, but for every city, county, or city and county with a population of less than 200,000 residents, this section shall apply beginning on January 1, 2023.

SEC. 4.

 Section 65850.72 is added to the Government Code, to read:

65850.72.
 (a) For purposes of this section, the following definitions apply:
(1) “Disadvantaged communities” means communities identified as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.
(2) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(3) “Local agency” means a city, including a charter city, county, or city and county.
(4) “Public right-of-way” means the area between property lines of a street, easement, tract, or other area dedicated to the movement of vehicles, pedestrians, or goods.
(b) A local agency shall complete a plan for the installation of electric vehicle charging stations in the public right-of-way that includes, but is not limited to, a permitting process.
(c) In developing the plan and permitting process pursuant to subdivision (b), the local agency shall do all of the following:
(1) Consult with all of the following:
(A) Relevant city or county departments, including, but not limited to, publicly owned electric utilities, building departments, planning departments, and transportation departments.
(B) External stakeholders, including, but not limited to, disability rights advocates and industry stakeholders.
(2) Develop and implement a process to solicit input from the public, including, but not limited to, holding at least two public hearings. These hearings may be consolidated with a regular or special meeting of the governing body of the local agency. If a public hearing held pursuant to this paragraph is consolidated with a regular or special meeting of the governing body that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda. The governing body may first conclude any item being discussed or acted upon, including any associated public comment, when that fixed time occurs.
(3) Complete an assessment of existing electric vehicle charging stations in the public right-of-way in the jurisdiction of the local agency.
(4) Complete an assessment of the projected needs for electric vehicle charging stations in the public right-of-way in the jurisdiction of the local agency.
(5) Identify planning and permitting barriers to the installation of electric vehicle charging stations in the public right-of-way in the jurisdiction of the local agency.
(6) Identify, evaluate, and prioritize competing uses in the public right-of-way in the jurisdiction of the local agency, which may include, but are not limited to, any of the following:
(A) Transit, bicycle, and pedestrian uses.
(B) Parking for small businesses.
(C) Street fairs or other events.
(D) Preservation of trees or other plants.
(E) Street furniture, including, but not limited to, a kiosk, trash receptacle, bench, or public toilet.
(7) Complete an equity analysis to determine locations for electric vehicle charging stations in the public right-of-way in the jurisdiction of the local agency that will most effectively and efficiently reduce barriers to equitable access to electric vehicle charging stations in the public right-of-way, including, but not limited to, multiunit developments and disadvantaged communities.
(8) Consider and identify the charging level of electric vehicle charging stations that may be installed in the public right-of-way.
(9) Develop a location, zoning, or siting framework that considers and identifies, at a minimum, the density of the surrounding development and the types of transportation corridors that are required for the installation of electric vehicle charging stations in the public right-of-way.
(10) Develop any site-specific design requirements for electric vehicle charging stations in the public right-of-way.
(11) Consider preselecting locations where electric vehicle charging stations may be installed in the public right-of-way, consistent with the general plan and zoning ordinances of the local agency.
(12) Identify necessary updates to relevant codes or regulations of the local agency.
(13) Consider and identify the entities that will be allowed to install electric vehicle charging stations in the public right-of-way to avoid privatizing public space.
(14) Consider and select ownership or revenue-sharing models the local agency could enter into or allow, including, but not limited to, all of the following:
(A) The electric vehicle charging station being owned and operated by a third party.
(B) The electric vehicle charging station being owned by the local agency and operated by a third party.
(C) The electric vehicle charging station being owned and operated by the local agency.
(D) The electric vehicle charging station providing free charging that is supported by advertising revenue.
(E) The electric vehicle charging station offering leasing or subscription-based charging.
(15) Survey and evaluate models developed by other local agencies for the installation of electric vehicle charging stations in the public right-of-way.
(16) Consider one or more pilot programs the local agency could feasibly implement for the installation of electric vehicle charging stations in the public right-of-way.
(17) Establish parking policies that will apply to the locations where electric vehicle charging stations would be installed in the public right-of-way.
(18) Consider limiting the amount of time a permit for an electric vehicle charging station in the public right-of-way remains valid to prevent permitholders from holding public right-of-way space for long time periods before installing the electric vehicle charging station.
(19) Develop a checklist of all requirements electric vehicle charging stations must comply with to be eligible for a permit in the public right-of-way. Any checklist and required permitting documentation shall be published on a publicly accessible internet website if the local agency has an internet website.
(d) (1) A local agency with a population of 250,000 or more residents shall comply with this section by January 1, 2027.
(2) A local agency with a population of fewer than 250,000 residents shall comply with this section by January 1, 2029.
(e) This section does not apply to a local agency that has completed a plan for the installation of electric vehicle charging stations in the public right-of-way that includes the development of a permitting process and is substantially similar to the provisions of this section by January 1, 2024.

SEC. 5.

 Section 25229 of the Public Resources Code is amended to read:

25229.
 (a) The commission, working with the State Air Resources Board and the Public Utilities Commission, shall prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of light- and heavy-duty electric vehicle adoption required for the state to meet its goals of putting at least five million zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40 percent below 1990 levels by 2030. the goals specified in Executive Order No. N-79-20 (September 23, 2020), the mobile source strategy updated pursuant to Section 43024.2 of the Health and Safety Code, and the goal of achieving carbon neutrality as soon as possible and no later than 2045, consistent with Section 38562.2 of the Health and Safety Code.
(b) The assessment shall expand on the commission’s electric vehicle infrastructure projections to consider all necessary charging infrastructure, including, but not limited to, the chargers, make-ready electrical equipment, and supporting hardware and software, all vehicle categories, road, highway, and offroad electrification, port and airport electrification, and other programs to accelerate the adoption of electric vehicles to meet the goals described in subdivision (a). The assessment shall examine existing and future infrastructure needs throughout California, including in low-income communities.
(c) The assessment shall analyze different direct current fast charger power levels, including, but not limited to, 50 kilowatts, 100 kilowatts, 150 kilowatts, and 350 kilowatts, to understand the most cost-effective and equitable charging deployment scenarios, including the cost of needed utility infrastructure upgrades, across different use cases necessary to meet the requirements of Executive Order No. N-79-20 (September 23, 2020).
(d) The assessment shall evaluate the impact of the deployment scenarios described in subdivision (c) on equitable access to publicly available direct current fast chargers, including, but not limited to, in rural, low-income, and disadvantaged communities.

(c)

(e) As a part of the assessment, the commission, in consultation with stakeholders, shall identify workforce development and training resources needed to meet the goals described in subdivision (a). (a), to meet the array of power levels identified in subdivision (c), and to achieve a cost-effective and equitable electric vehicle charging network in the state. These resources shall include, but are not limited to, qualified apprenticeships, on-the-job training programs, and other training opportunities opportunities, including demonstrated field experience with an array of electric vehicle charging technologies and power levels, including those that may not be covered by the curriculum of the Electric Vehicle Infrastructure Training Program, as described in Section 740.20 of the Public Utilities Code, that build career pipelines in the zero-emission transportation sector and provide long-term employment in disadvantaged communities.
(f) The commission may use the findings from the assessment to guide its funding allocations for publicly available direct current fast chargers that are intended to serve light-duty electric vehicles.

(d)

(g) (1) The commission shall regularly seek data and input relating to electric vehicle charging infrastructure from stakeholders, including, but not limited to, the Public Utilities Commission, the State Air Resources Board, electrical corporations, local publicly owned electric utilities, state and local transportation and transit agencies, electric vehicle charging infrastructure companies, environmental groups, and automobile manufacturers.
(2) Data requests shall aim to minimize costs and burdens on stakeholders and to protect driver privacy.
(3) Entities may request, on a case-by-case basis, that the commission classify certain data as sensitive.

(e)

(h) The commission shall update the assessment at least once every two years.

SEC. 6.

 The Legislature finds and declares that Section 4 of this act adding Section 65850.72 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 4 of this act applies to all cities, including charter cities.

SEC. 7.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.