Electric Vehicle Charging Station
Permit Streamlining Fact Sheet
AB 1236 (Chiu, 2015) and AB 970 (McCarty, 2021)
Requirements for Cities and Counties
EVCS Permit Streamlining Overview Permit Streamlining Law Applicability AB 1236 (Chiu, 2015), codified in Government Code Section 65850.7, requires all California cities and counties to develop an expedited, stre
amlined permitting process for electric
vehicle charging stations (EVCS). The law was developed to further the availability of charging infrastructure to help drive the deployment of zero emission vehicles—the faster charging stations are deployed, the sooner California’s air quality improves,
greenhouse gas emissions are reduced, and local
economic benefits are captured.
Pursuant to AB 1236, cities and counties must adopt a streamlining ordinance and checklist. Current city and county streamlining status is reflected on the EVCS Streamlining Map and jurisdictions are graded based on the Permitting Electric Vehicle Charging Stations Scorecard, which includes the streamlining requirements of AB 1236 and reiterated below.
Scoring Criteria:
1. Streamlining Ordinance for Expedited EVCS Permit
Process
2. Permitting Checklists Online for L2 & DCFC
3. Administrative Approval of EVCS
4. Approval Limited to Health & Safety Review
5. Electronic Signatures Accepted
6. EVCS Not Subject to Association Approval
7. One Complete Deficiency Notice if Application is
Incomplete
AB 970 (McCarty, 2021), codified in Government
Code Section 65850.7 1, builds on California's existing permit streamlining law, AB 1236. Jurisdictions are required by AB 1236 to limit EVCS project review to health
and safety requirements. AB 970 adds specific binding
timelines to that review period based on the size of the project and clarifies parking requirements (see below).
To meet the AB 970 timelines and requirements of AB 1236, the city or county
should provide one complete set of
comm
ents detailing all application deficiencies, whi ch the appli
cant should address in a streamlined and complete manner through modifications to the existing application.
To avoid the need for corrections, project applicants should comm
unicate with local permitting jurisdictions to ensure application compliance with building, electrical, accessibility, and any health and safety requirements.
AB 1 236 and AB 970 apply to all charging station
installations, including: Level 1, Level 2, and DC Fast Charging; public and private charging stations; light -, medium-, and heavy -duty electric vehicle charging stations; and stations that are installed as the accessory or primary use of a site. AB 1236 and AB 970 likewise apply to essential components and infrastructure necessary for charging station function.
All cities and counties, including charter cities, in California are required to comply with AB 1236 and AB 970. AB 970
shall become operative on January 1, 2022 for every city, county, or city and county with a population of more than 200,000 residents. T his section shall apply beginning on January 1, 2023 for every city, county, or city and county with fewer than 200,000 residents.
EVCS Permit Application Timelines
1-25 station project at a single site: An EVCS application will be deemed complete if after 5 business days the city or county has not either (1) found the application to be complete or (2) issued a written deficiency notice (a) detailing all changes needed to make the application consistent with the city or county EVCS permitting checklist or (b) identifying specific information necessary for the Building Official to conduct a limited review of whether the project meets all health and safety requirements. If the city or county has not yet created its checklist, the deficiency notice will be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law per AB 1236.
If not already approved or denied pursuant to the requirements of AB 1236 (Section 65850.7(b) or (c), respectively), the application will be deemed approved 20 business days after it was deemed complete if (1) the city or county has not made a finding, based on substantial evidence, that the EVCS could have a specific adverse impact upon the public health or safety; (2) the city or county has not required the applicant to apply for a use permit as specified in Section 65850.7(b); and (3) an appeal has not been made to the planning commission pursuant to Section 65850.7(d).
26 or more stations at a single site : The process described above is the same for applications including 26 or more EVCS at a site, except: an EVCS application will be deemed complete after 10 business days and will be deemed approved 40
business days after deemed complete.
For all legal requirements and appropriate city/county permitting considerations, please refer to AB 1236 and AB 970.
Electric Vehicle Charging Station
Permit Streamlining Fact Sheet
Parking Requirements EVCS Permitting Resources
AB 970 clarifies that cities and counties shall reduce the number of required parking spaces by the amount necessary to accommodate the EVCS if the EVCS and associated
equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses.
Connecting to the Grid & Operation
Utility approval to begin the grid connection process is a separate and distinct approval process from the city and county EVCS permitting process. Project applicants should involve their local utility early in the planning process to understand the timeline for i nterconnection and delineation of responsibilities, which vary by utility territory.
Before a station can be used, it must pass final inspection(s) by the local permitting jurisdiction and utility. The local jurisdiction and utility processes should be c oordinated to mitigate delays, reduce inspections, and expedite site
energization and commissioning.
For resources on how to become a streamlined jurisdiction, refer to Permitting Electric Vehicle Charging Stations: Best Practices. The Electric Vehicle Charging Station Permitting Guidebook covers planning and site selection, permitting, accessibility, grid interconnection, and construction,
commissioning and operation procedures, and best
practices. The Guidebook will be updated to include the provisions of AB 970 in 2022.
Related Relevant Laws
AB 1100 (Kamlager -Dove, 2019), codified in Vehicle
Code Section 22511.2: charging spaces count as at least one standard parking space for complying with minimum
parking requirements. Accessible charging spaces with an access aisle count as at least two standard parking spaces.
Civil Code Section 4745: limits a homeowner association’s ability to prohibit or restrict the installation of an EVCS by a member.
Civil Code Section 1947.6 (residential) and Civil Code
Section 1952.7 (commercial): tenants have the right to
install EVCS and landlords must grant permission under
specified circumstances.
EVCS Permit Process and Timeline
Ordinance
Checklist I Online Application
"4/
Permit Submittal I •
Plan Review
(Health and
Safety)
Resubmittal Deficiency Notice*
.. ..·· ·•... . ... ················
• The deficiency notice should include one complete set of comment s. 20-40 Days
I
I 5-10 Days
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PERMIT STREAMLINING | INCENTIVE OPPORTUNITIES | ADDITIONAL RESOURCES