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AB-1626 Transportation electrification: fleet data.(2023-2024)



Current Version: 04/17/23 - Amended Assembly

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AB1626:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1626

Introduced by Assembly Member McCarty

February 17, 2023

An act to amend Section 25328 of the Public Resources Code, relating to transportation electrification.


LEGISLATIVE COUNSEL'S DIGEST


AB 1626, as amended, McCarty. Transportation electrification: fleet data.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), in collaboration with the State Air Resources Board, the Public Utilities Commission, and other relevant stakeholders, to annually gather from state agencies, as provided, specified entities’ fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors, including information that would allow an electrical corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location, and share that data with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts, as specified. Existing law prohibits electrical corporations and local publicly owned electric utilities from disclosing that data to third parties.
This bill would require the Energy Commission to also gather aggregated information that would allow the public sector relevant state agencies to estimate the total anticipated hydrogen fueling capacity demand at each fleet location. The bill would require the Energy Commission to share the aggregated data with developers of publicly available hydrogen fueling stations and would prohibit the developer of a publicly available hydrogen fueling station from disclosing that data to third parties.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 25328 of the Public Resources Code is amended to read:

25328.
 (a) In order to achieve the state’s goal of reaching 100 percent zero-emission vehicles for new passenger vehicles vehicle sales by 2035 and for medium- and heavy-duty vehicles everywhere feasible by 2045, it is the intent of the Legislature to advance zero-emission infrastructure deployment.
(b) The commission, in collaboration with the State Air Resources Board, the Public Utilities Commission, and other relevant stakeholders, shall do both of the following:
(1) Annually gather entities’ fleet data from state agencies that already collect fleet data, including, but not limited to, data collected by the State Air Resources Board pursuant to its zero-emission vehicle regulations, and vehicle registration data collected by the Department of Motor Vehicles, to the extent that such data is collected by state agencies at the time. The data collected from state agencies pursuant to this paragraph shall encompass fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors of only those entities that are subject to the regulations of the State Air Resources Board, and shall include, but not be limited to, all of the following data:
(A) The total vehicle fleet or equipment size and composition, including each vehicle’s fuel type, including battery electric, plug-in hybrid, or fuel cell.
(B) The physical address of the fleet’s location.
(C) Information that would allow an electrical corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location.
(D) Aggregated information Information that would allow the public sector relevant state agencies to estimate the total anticipated hydrogen fueling capacity demand at each fleet location.
(2) Enter into data sharing agreements with state agencies, as necessary, to facilitate the gathering of data pursuant to this section.
(c) The commission shall share the data gathered pursuant to subdivision (b) with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts.
(d) The commission shall share aggregated data gathered pursuant to subdivision (b) with developers of publicly available hydrogen fueling stations.
(e) For data shared pursuant to subdivision (c) or (d), an electrical corporation, local publicly owned electric utility, or the developer of a publicly available hydrogen fueling station shall not disclose information protected pursuant to Sections 8380 and 8381 of the Public Utilities Code.
(f) For data shared pursuant to subdivision (c) or (d), an electrical corporation, local publicly owned electric utility, or the developer of a publicly available hydrogen fueling station shall not disclose the data to third parties for any purpose.
(g) The commission’s data collection pursuant to this section is not intended to create any new or duplicate reporting requirements on behalf of fleet operators.
(h) As used in subparagraph (D) of paragraph (1) of subdivision (b) and in subdivision (d), the terms “data” and “information” shall not include personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which amends Section 25328 of the Public Resources Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the confidential and proprietary information of an entity subject to Section 2 1 of this act, it is necessary that this act limit the public’s right of access to that information.