25231.5.
(a) For purposes of this section, the following definitions apply:(1) “Charging station” means the equipment that provides alternating or direct current to a battery electric vehicle or plug-in hybrid electric vehicle.
(2) “Excluded time” means the time not included when calculating uptime, as determined pursuant to the determination made by the commission and Public Utilities Commission pursuant to paragraph (2) of subdivision (c).
(3) “Uptime” means the time a charging station’s hardware and software are both online and available for use, or in use, and the charging station dispenses electricity at the intended
power level. “Uptime” does not include excluded time.
(b) (1) Beginning July 1, 2023, a person who receives an incentive funded by a state agency or through a charge on ratepayers to install, own, or operate a charging station, in whole or in part, shall report charging station uptime to the commission.
(2) A person that received funding shall report the charging station’s uptime to the commission every 12 months, calculated over a 12-month rolling basis. A person that received funding for the charging station shall provide this information for a minimum of five years, unless the entity that provided funding determines another timespan is more appropriate and the commission approves.
(c) (1) The commission, in consultation with the Public Utilities Commission, shall develop
a formula to calculate uptime to provide consistent, standardized reporting of information.
(2) The commission and Public Utilities Commission shall determine what events that bring a charging station offline constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a software or hardware provider’s control, or events that undermine the equitable distribution of station deployment pursuant to Section 25231.
(d) (1) Beginning January 1, 2025, the commission, as part of the assessment prepared pursuant to Section 25229, shall assess the uptime of public- and ratepayer-funded charging station infrastructure.
(2) Beginning January 1, 2025, the commission, as part of the
assessment prepared pursuant to Section 25231, shall assess if there are differences in charging station uptime by population density, geographical area, or population income level, including low-, moderate-, and high-income levels.
(3) The commission shall update the assessments performed pursuant to this subdivision every two years.
(4) The commission shall protect companies’ confidential business information, including, but not limited to, by anonymizing and aggregating the uptime data, to ensure an individual company’s uptime data is not identifiable in its assessments pursuant to paragraphs (1) and (2).
(e) If, as a result of doing the assessments pursuant to this section, the commission determines charging station uptime to be an issue that undermines adoption of zero-emission vehicles, the commission, in
consultation with the Public Utilities Commission, shall consider adopting tools to increase charging station uptime, including, but not limited to, uptime requirements or incentives.