Cal. Code Regs. tit. 13 § 2360

Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 2360 - Applicability
(a) This chapter applies to all Electric Vehicle Service Providers (EVSPs) operating one or more publicly available Level 2 or Direct Current Fast Charger (DCFC) Electric Vehicle Supply Equipment (EVSE) installed in California. If an EVSP also operates EVSE that are not publicly available, the requirements of this chapter apply only to that EVSP's publicly available Level 2 or DCFC EVSE installed in California.
(b) For the purposes of this chapter, the following definitions shall apply: "Charging session" means an event starting when a user or a vehicle initiates a refueling event and stops when a user or a vehicle ends a refueling event.

"Clearly marked" means a sign, sticker, plaque or any other visible marker that is readable and indicates if the EVSE is available for private or public use.

"Common interest development" means a residential community apartment project, a residential condominium project, a residential planned development, or a residential stock cooperative.

"Direct Current Fast Charger (DCFC or DCFC EVSE)" means an EVSE capable of supplying direct current (DC) electricity to a vehicle fitted with the appropriate connection to support refueling the vehicle's energy storage battery.

"Electric Vehicle Service Provider (EVSP)" means the entity responsible for operating one or more networked or non-networked EVSE. Operating includes, but is not limited to, sending commands or messages to a networked EVSE; receiving commands or messages from a networked EVSE; or providing billing, maintenance, reservations, or other services to a non-networked or networked EVSE. An EVSP may designate another entity to act as the EVSP for purposes of this chapter.

"Electric Vehicle Supply Equipment (EVSE)" means the unit controlling the power supply to one or more vehicles during a charging session.

"Installed" means the date the EVSE is first available for use by the public for a charging session.

"Kiosk" means a standalone physical unit that allows users to pay for and start a charging session at one or more EVSE located at the same site as the kiosk.

"Level 2 Electric Vehicle Supply Equipment (Level 2 EVSE)" means an EVSE capable of supplying 208 to 240 Volt alternating current (AC), single phase electricity to a vehicle fitted with an on-board charger that can accept and convert that AC electricity into DC electricity to refuel the vehicle's energy storage battery.

"Mobile payment device" means hardware that enables a driver to complete a payment from a mobile phone via contactless payment.

"Networked Electric Vehicle Supply Equipment (Networked EVSE)" means an EVSE capable of receiving and sending commands or messages remotely from an EVSP.

"Non-networked Electric Vehicle Supply Equipment (Non-networked EVSE)" means an EVSE incapable of receiving and sending commands or messages remotely from an EVSP.

"Payment Card Industry Data Security Standard Level 1 (PCI-DSS Level 1)" means payment card information data security standards consistent with "Payment Card Industry (PCI) Data Security Standard--Requirements and Security Assessment Procedures" published by PCI Security Standards Council (Version 3.2.1, May 2018), which is incorporated by reference herein.

"Publicly available Electric Vehicle Supply Equipment (publicly available EVSE, publicly available DCFC EVSE, or publicly available Level 2 EVSE)" means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business is a publicly available EVSE for purposes of this chapter. EVSE and associated parking spaces located in parking garages or gated facilities are considered publicly available for purposes of this chapter if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.

If an EVSE and associated parking space is made available to the public for only limited time periods, that EVSE and associated parking space is considered a publicly available EVSE during those limited time periods only, and must comply with this chapter during those limited time periods.

A publicly available EVSE does not include:

(i) A workplace EVSE and its associated parking space if it is clearly marked and operated as available exclusively to employees or contracted drivers. For the purposes of this chapter, "contracted drivers" includes participating drivers, as that term is defined in Public Utilities Code section 5431, regardless of the physical accessibility of the EVSE to the public;
(ii) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development; or a residential building adjacent to a private residence; or
(iii) An EVSE provided by a manufacturer of electric vehicles for the exclusive use by vehicles it manufactures.

"Radio-Frequency Identification (RFID) card" means a card that communicates with a reader through radio-frequency electromagnetic fields and is capable of transmitting payment information.

"Replaced" means that the EVSE has been substantially modified or substituted with another unit, as indicated by a change in the serial number, EVSE ID or the model name of the EVSE.

"Service provider application" means a mobile phone downloadable software package that connects users to an EVSP and enables users to begin, end, and pay for charging sessions.

"Station ID" means the physical site, typically identified by a street address, at which one or more EVSE are located.

Cal. Code Regs. Tit. 13, § 2360

1. New chapter 8.3 (sections 2360-2360.5) and section filed 5-29-2020; operative 7-1-2020 (Register 2020, No. 22).

Note: Authority cited: Sections 39600, 39601 and 44268.2, Health and Safety Code. Reference: Sections 44268 and 44268.2, Health and Safety Code.

1. New chapter 8.3 (sections 2360-2360.5) and section filed 5-29-2020; operative 7/1/2020 (Register 2020, No. 22).