HomeMy WebLinkAbout2015-09-08 - AGENDA REPORTS - ASSEMBLY BILL 1236 (2)Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT
CALENDAR
f,41
APPROVAL:
DATE: September 8, 2015
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 1236
DEPARTMENT: City Manager's Office
PRESENTER: Michael Murphy
RECOMMENDED ACTION
City Council adopt the City Council Legislative Subcommittee's recommendation to oppose
Assembly Bill 1236 (Chiu) and transmit position statements to Assembly Member Chiu, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Brown, and
the League of California Cities.
BACKGROUND
Assembly Bill 123 6 (AB 123 6) was introduced by Assembly Member David Chiu (D- I 7 -San
Francisco) on February 27, 2015.
If enacted, AB 1236 would require cities and counties with a population of 200,000 or greater to
adopt by September 30, 2016, an ordinance establishing an expedited permitting process for
electric vehicle charging stations. Cities and counties with populations less than 200,000 would
be required to adopt an ordinance by September 30, 2017.
More specifically, the provisions of AB 1236 require that a streamlined permitting process
include a checklist of all requirements with which electric vehicle charging stations shall comply
in order to be eligible for expedited review, and allow for electronic signature and submittal of
applications. Review of a permit application by cities and counties would be limited to
compliance with health and safety standards. Upon receipt of a complete application, AB 1236
would require every city and county to approve the installation of electric vehicle charging
stations unless the city or county makes written findings, based on substantial evidence, that the
proposed installation would have an adverse impact upon the public health or safety and that
those impacts cannot be mitigated.
AB 1236 would create an additional category of building permits that are required to receive
preferential treatment by cities and counties, further eroding local control by imposing a new
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state mandate that is in addition to the passage of Assembly Bill 2188 (AB 2188) Chapter 521,
Statues of 2014, requiring cities and counties to adopt an ordinance allowing for streamlined
permitting of residential rooftop solar systems. The new requirements that would be imposed
under AB 1236 come during a period when local governments are still in the process of adopting
ordinances to be in compliance with AB 2188. The City currently processes approximately 100
applications for rooftop solar systems per month; however, AB 1236 does not provide
explanation as to how cities and counties are to determine which permit applications are to
receive preference over the other, establishing competing categories for permit review.
The City Council has previously expressed support for developing and enhancing alternative
fueling stations in Santa Clarita. There is a concern relative to a new state mandate limiting local
authority by requiring that permitting for electric vehicle charging stations be handled in a
specified preferential manner.
AB 1236 is currently awaiting second reading in the Senate prior to being taken up for a vote.
The League of California Cities has taken an "oppose unless amended" position on the bill due to
concerns over the costs associated with adopting an ordinance and how the bill would set a tiered
level of service for permit review.
The City Council Legislative Subcommittee met on August 31, 2015, and recommends that the
City Council adopt an "oppose" position for AB 1236
ALTERNATIVE ACTION
1. Adopt a "Support" position on AB 1236
2. Take no position on AB 1236
3. Refer AB 1236 back to the Legislative Subcommittee
4. Other direction as determined by the City Council
FISCAL IMPACT
No additional resources, beyond those contained within the adopted FY 2015/16 City budget, are
required for implementation of the recommended action.
ATTACHMENTS
Assembly Bill 1236, as amended August 27, 2015
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AMENDED IN SENATE AUGUST 27,2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 9,2015
AMENDED IN ASSEMBLY APRIL 20, 2015
CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION
ASSEMBLY BILL
No. 1236
Introduced by Assembly Members Chin and Low
(Coauthor: Assembly Member Linder)
February 27, 2015
An act to add Section 65850.7 to the Government Code, relating to
local ordinances.
LEGISLATIVE COUNSEL'S DIGEST
AB 1236, as amended, Chiu. Local ordinances: electric vehicle
charging stations.
The Planning and Zoning Law, among other things, requires the
legislative body of each county and city to adopt a general plan for the
physical development of the county or city and authorizes the adoption
and administration of zoning laws, ordinances, rules, and regulations
by counties and cities. Existing law, the Electric Vehicle Charging
Stations Open Access Act, prohibits the charging of a subscription fee
on persons desiring to use an electric vehicle charging station, as
defined, and prohibits a requirement for persons to obtain membership
in any club, association, or organization as a condition of using the
station, except as specified.
The bill would require a city, county, or city and county to approve
an application for the installation of electric vehicle charging stations,
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AB 1236
as defined, through the issuance of specified permits unless the city or
county makes specified 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 bill
would provide for appeal of that decision to the planning commission,
as specified. The bill would provide that the implementation of
consistent statewide standards to achieve the timely and cost-effective
installation of electric vehicle charging stations is a matter of statewide
concern. The bill would require electric vehicle charging stations to
meet specified standards. The bill would require a city, county, or city
and,county with a population of 200,000 or more residents to adopt an
ordinance, by September 30, 2016, that creates an expedited and
streamlined permitting process for electric vehicle charging stations,
as specified. The bill would require a city, county, or city and county
with a population of less than 200,000 residents to adopt this ordinance
by September 30, 2017. The bill would authorize the city, county, or
city and county, in developing the ordinance, to refer to guidelines
contained in a specified guidebook. The bill would also authorize the
adoption of an ordinance that modifies the checklists and standards
found in the guidebook due to unique conditions. By increasing the
duties of local officials, this bill would create a state -mandated local
program.
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.
State -mandated local program: yes.
The people of the State of California do enact as follows:
I SECTION 1. Section 65850.7 is added to the Government
2 Code, to read:
3 65850.7. (a) The Legislature finds and declares all of the
4 following:
5 (1) The implementation of consistent statewide standards to
6 achieve the timely and cost-effective installation of electric vehicle
7 charging stations is not a municipal affair, as that term is used in
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I Section 5 of Article XI of the California Constitution, but is instead
2 a matter of statewide concern.
3 (2) It is the intent of the Legislature that local agencies not adopt
4 ordinances that create unreasonable barriers to the installation of
5 electric vehicle charging stations and not unreasonably restrict the
6 ability of homeowners and agricultural and business concerns to
7 install electric vehicle charging stations.
8 (3) It is the policy of the state to promote and encourage the use
9 of electric vehicle charging stations and to limit obstacles to their
10 use.
11 (4) It is the intent of the Legislature that local agencies comply
12 not only with the language of this section, but also the legislative
13 intent to encourage the installation of electric vehicle charging
14 stations by removing obstacles to, and minimizing costs of,
15 permitting for-stteh charging stations.
16 (b) A city, county, or city and county shall administratively
17 approve an application to install electric vehicle charging stations
18 through the issuance of a building permit or similar
19 nondiscretionary pen -nit. Review of the application to install an
20 electric vehicle charging station shall be limited to the building
21 official's review of whether it meets all health and safety
22 requirements of local, state, and federal law. The requirements of
23 local law shall be limited to those standards and regulations
24 necessary to ensure that the electric vehicle charging station will
25 not have a specific, adverse impact upon the public health or safety.
26 However, if the building official of the city, county, or city and
27 county makes a finding, based on substantial evidence, that the
28 electric vehicle charging station could have a specific, adverse
29 impact upon the public health or safety, the city, county, or city
30 and county may require the applicant to apply for a use permit.
31 (c) A city, county, or city and county may not deny an
32 application for a use permit to install an electric vehicle charging
33 station unless it makes written findings based upon substantial
34 evidence in the record that the proposed installation would have
35 a specific, adverse impact upon the public health or safety, and
36 there is no feasible method to satisfactorily mitigate or avoid the
37 specific, adverse impact. The findings shall include the basis for
38 the rejection of potential feasible alternatives of preventing the
39 adverse impact.
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I (d) The decision of the building official pursuant to subdivisions
2 (b) and (c) may be appealed to the planning commission of the
3 city, county, or city and county.
4 (e) Any conditions imposed on an application to install an
5 electric vehicle charging station shall be designed to mitigate the
6 specific, adverse impact upon the public health or safety at the
7 lowest cost possible.
8 (f) (1) An electric vehicle charging station shall meet applicable
9 health and safety standards and requirements imposed by state and
10 local permitting authorities.
11 (2) An electric vehicle charging station shall meet all applicable
12 safety and perfon-nance standards established by the California
13 Electrical Code, the Institute of Electrical and Electronics
14 Engineers, and accredited testing laboratories such as Underwriters
15 Laboratories and, where applicable, rules of the Public Utilities
16 Commission regarding safety and reliability.
17 (g) (1) On or before September 30, 2016, every city, county,
18 or city and county with dpopulation of 200,000 or more residents,
19 and, on or before September 30, 2017, every city, county, or city
20 and county with a population of less than 200,000 residents, shall,
21 in consultation with the local fire department or district and the
22 utility director, if the city, county, or city and county operates a
23 utility, adopt an ordinance, consistent with the goals and intent of
24 this section, that creates an expedited, streamlined permitting
25 process for electric vehicle charging stations. In developing an
26 expedited permitting process, the city, county, or city and county
27 shall adopt a checklist of all requirements with which electric
28 vehicle charging stations shall comply to be eligible for expedited
29 review. An application that satisfies the information requirements
30 in the checklist, as determined by the city, county, or city and
31 county, shall be deemed complete. Upon confirmation by the city,
32 county, or city and county of the application and supporting
33 documents being complete and meeting the requirements of the
34 checklist, and consistent with the ordinance, a city, county, or city
35 and county shall, consistent with subdivision (b), approve the
36 application and issue all required permits or authorizations.
37 However, the city, county, or city and county may establish a
38 process to prioritize competing applications for expedited permits.
39 Upon receipt of an incomplete application, a city, county, or city
40 and county shall issue a written correction notice detailing all
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I deficiencies in the application and any additional information
2 required to be eligible for expedited permit issuance. A eitr,
3 eottnt�-, or eity and eountr, that owns and operates eleetrie utihty
4 . - . thin its serviee territory shall eomply with the eleetrie
5 utility intereonneetion Poliey. An application submitted to a city,
6 county, or city and county that owns and operates an electric utility
7 shall demonstrate compliance with the utility's interconnection
8 policies prior to approval.
9 (2) The checklist and required permitting documentation shall
10 be published on a publicly accessible Internet Web site, if the city,
I I county, or city and county has an Internet Web site, and the city,
12 county, or city and county shall allow for electronic submittal of
13 a permit application and associated documentation, and shall
14 authorize the electronic signature on all forms, applications, and
15 other documentation in lieu of a wet signature by an applicant. In
16 developing the ordinance, the city, county, or city and county may
17 reasonably eonform its expedited, streamlined permitting proeess
18 with the reeommendations for expedited permitting, ineluding-the
19 eheeklists and standard plans refer to the recommendations
20 contained in the most current version of the "Plug -In Electric
21 Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission
22 Vehicles in California: Community Readiness Guidebook"
23 published by the Governor's Office of Planning and Research. A
24 city, county, or city and county may adopt an ordinance that
25 modifies the checklists and standards found in the guidebook due
26 to unique climactic, geological, seismological, or topographical
27 conditions. If a city, county, or city and county determines that it
28 is unable to authorize the acceptance of an electronic signature on
29 all forms, applications, and other documents in lieu of a wet
30 signature by an applicant, the city, county, or city and county shall
31 state, in the ordinance required under this subdivision, the reasons
32 for its inability to accept electronic signatures and acceptance of
33 an electronic signature shall not be required.
34 (h) A city, county, or city and county shall not condition
35 approval for any electric vehicle charging station permit on the
36 approval of an electric vehicle charging station by an association,
37 as that term is defined in Section 4080 of the Civil Code.
38 (i) The following definitions shall apply to this section:
39 (1) "A feasible method to satisfactorily mitigate or avoid the
40 specific, adverse impact" includes, but is not limited to, any
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I cost-effective method, condition, or mitigation imposed by a city,
2 county, or city and county on another similarly situated application
3 in a prior successful application for a permit.
4 (2) "Electronic submittal" means the utilization of one or more
5 of the following:
6 (A) Email.
7 (B) The Internet.
8 (C) Facsimile.
9 (3) "Electric vehicle charging station" or "charging station"
10 means any level of electric vehicle supply equipment station that
I I is designed and built in compliance with Article 625 of the
12 California Electrical Code, as it reads on the effective date of this
13 section, and delivers electricity from a source outside an electric
14 vehicle into a plug-in electric vehicle.
15 (4) "Specific, adverse impact" means a significant, quantifiable,
16 direct, and unavoidable impact, based on objective, identified, and
17 written public health or safety standards, policies, or conditions
18 as they existed on the date the application was deemed complete.
19 SEC. 2. No reimbursement is required by this act pursuant to
20 Section 6 of Article XIIIB of the California Constitution because
21 a local agency or school district has the authority to levy service
22 charges, fees, or assessments sufficient to pay for the program or
23 level of service mandated by this act, within the meaning of Section
24 17556 of the Government Code.
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