HomeMy WebLinkAbout2021-05-11 - AGENDA REPORTS - AB 970 (2)O
Agenda Item: 5
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CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: May 11, 2021
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 970
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose
Assembly Bill 970 (McCarty) and transmit position statements to Assembly Member McCarty,
Santa Clarita's state legislative delegation, appropriate legislative committees, Governor
Newsom, League of California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Assembly Member Kevin McCarty (D-7-Sacramento), Assembly Bill 970
automatically deems an application to install an electric vehicle charging station complete and/or
approved if a local government does not respond to an application within the prescribed
timeframe outlined in the bill.
Existing state law requires a local government to create a streamlined electric charging station
permitting process and administratively approve an application to install an electric charging
station through the issuance of a building permit or similar non -discretionary permit, subject to a
limited review by a local public building official.
Additionally, existing state law allows a local government to require the applicant to apply for a
use permit if the building official finds that the station could have a specific adverse impact on
public health or safety, but prohibits a local government from denying the application for a use
permit to install an electric vehicle charging station, unless it makes written findings that the
proposed installation would have a specific, adverse impact upon public health or safety, and
there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Assembly Bill 970 requires an application to install an electric vehicle charging station to be
automatically deemed complete if a local government has not deemed the application incomplete
within five business days after the application was submitted.
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Furthermore, this bill requires an application to install an electric vehicle charging station to be
automatically deemed approved if a local government has not made a finding based on
substantial evidence that the proposed installation could have a specific, adverse impact upon
public health or safety and requires the applicant to apply for a use permit within 15 business
days after the application has been submitted.
The City of Santa Clarita's (City) Building and Safety Division has an expedited review and
permitting process, consistent with existing state law. Furthermore, the City's current review and
permitting process allows for building officials to properly review and permit electric vehicle
charging stations, ensuring that proposals are reviewed based on unique community
characteristics and do not have a detrimental effect on public health or safety. Additionally, in
recognizing the growth and needs of the community with regard to the use of electric vehicles,
the City offers next business day building inspections for electric vehicle charging station
installation requests made before 2:30 p.m. the day prior.
However, Assembly Bill 970 preempts the City's current permitting process and ability to
properly review and permit electric vehicle charging stations by deeming applications
automatically complete or approved if building officials are unable to respond within the
prescribed timeframe outlined in this bill. Furthermore, this bill solely prioritizes statewide
expedited permitting of electric vehicle charging stations, potentially resulting in the
unauthorized installation of electric charging stations that may cause a risk to public safety or
health.
The recommendation to oppose Assembly Bill 970 is consistent with the City of Santa Clarita
2021 Executive and Legislative Platform. Specifically, Component 27 under the "State" section
advises that the City Council, "Oppose legislation that would interfere with, limit, or eliminate
the decision -making authority of municipalities in the area of local land use."
Assembly Bill 970 is set to be heard in the Assembly Committee on Local Government on
May 5, 2021.
A list of registered supporters and opponents was not available at the time this report was
developed.
The City Council Legislative Committee met on April 28, 2021, and recommends that the City
Council adopt an "oppose" position on Assembly Bill 970.
ALTERNATIVE ACTION
1. Adopt a "support" position on Assembly Bill 970.
2. Adopt a "neutral" position on Assembly Bill 970.
3. Take no action on Assembly Bill 970.
4. Refer Assembly Bill 970 back to the Legislative Committee.
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5. Other direction, as provided by the City Council.
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2020-21 budget.
ATTACHMENTS
Assembly Bill 970 - Bill Text
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5.a
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL
No. 970
Introduced by Assembly Members McCarty and Chin
(Coauthor: Assembly Member Ting)
February 18, 2021
An act to add Section 65850.71 to the Government Code, relating to
zoning.
LEGISLATIVE COUNSEL'S DIGEST
AB 970, as introduced, McCarty. Planning and zoning: electric
vehicle charging stations: permit application: approval.
Existing law requires a city, county, or city and county to
administratively approve an application to install an electric vehicle
charging station through the issuance of a building permit or similar
nondiscretionary permit subject to a limited review by the building
official of that city, county, or city and county. Existing law allows the
building official to require the applicant to apply for a use permit if the
official finds that the station could have a specific adverse impact upon
the public health or safety and prohibits the city, county, or city and
county from denying the application for a use permit to install an electric
vehicle charging 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 every city, county, and city and county to create
an expedited, streamlined permitting process for electric vehicle
charging stations and to adopt a checklist pursuant to which an applicant
that satisfies the information requirements shall be deemed complete
and therefore eligible for expedited review.
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AB 970 —2—
5.a
This bill would require an application to install an electric vehicle
charging station to be deemed complete if, 5 business days after the
application was submitted, the city, county, or city and county has not
deemed the application to be incomplete, as specified. The bill would
require an application to install an electric vehicle charging station to
be deemed approved if 15 business days after the application was
submitted, (1) the city, county, or city and county has not approved the
application, as specified, (2) the building official has not made a finding
that the proposed installation could have an adverse impact upon the
public health or safety or required the applicant to apply for a use permit,
as specified, and (3) all required approvals from the local publicly owned
electric utility or electrical cooperative have been obtained. The bill
would provide that these requirements do not change or remove any
obligation of the equipment manufacturer, owner, operator, or building
official of a city, county, or city and county to comply with a local
publicly owned electric utility or electrical cooperative's reasonable
and feasible safety, reliability, and engineering policies.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65850.71 is added to the Government
2 Code, to read:
3 65850.71. (a) The Legislature finds and declares both of the
4 following:
5 (1) An electric vehicle charging station has a significant
6 economic impact in California and is not a municipal affair, as the
7 term is used in Section 5 of Article XI of the California
8 Constitution, but is instead a matter of statewide concern.
9 (2) Table 3 of the Governor's Office of Business and Economic
10 Development (GO -Biz) Electric Vehicle Charging Station
11 Permitting Guidebook, published July 2019, recommends best
12 practices for electric vehicle supply equipment permitting that
13 would establish a 15-day timeline and satisfy the intent of
14 Assembly Bill 1236 (Chapter 598 of the Statutes of 2015).
15 (b) An application to install an electric vehicle charging station
16 submitted to the building official of a city, county, or city and
17 county shall be deemed complete if, five business days after the
18 application was submitted, the city, county, or city and county has
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— 3 — AB 970
5.a
1 not, consistent with the checklist created by the city, county, or
2 city and county pursuant to subdivision (g) of Section 65850.7,
3 deemed the application to be incomplete.
4 (c) An application to install an electric vehicle charging station
5 submitted to a city, county, or city and county shall be deemed
6 approved if 15 business days after the application was submitted
7 all of the following are met:
8 (1) The city, county, or city and county has not administratively
9 approved the application through the issuance of a building permit
10 or similar nondiscretionary permit pursuant to subdivision (b) of
11 Section 65850.7.
12 (2) The building official of the city, county, or city and county
13 has not made a finding based on substantial evidence that the
14 proposed installation could have a specific, adverse impact upon
15 the public health or safety and required the applicant to apply for
16 a use permit pursuant to subdivision (b) of Section 65850.7.
17 (3) If the electric vehicle charging station is being installed in
18 an area that receives electrical service from a local publicly owned
19 electric utility or electrical cooperative, the applicant has obtained
20 all required approvals from the local publicly owned electric utility
21 or electrical cooperative.
22 (d) This section does not change or remove any obligation of
23 an equipment manufacturer, owner, operator, or building official
24 of a city, county, or city and county to comply with a local publicly
25 owned electric utility or electrical cooperative's reasonable and
26 feasible safety, reliability, and engineering policies.
x
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