Zero-Emission Vehicle Projects

The State of California has established both short- and long-term goals for improving air quality, reducing petroleum dependence, and lowering vehicular emissions of greenhouse gases (GHG). Ranking in at over 36% of all other contributors to California’s GHG emissions, the transportation sector is the greatest contributor of GHGs due to the combustion of large amounts of high-carbon, petroleum-based fuels. Transforming California’s transportation and fueling infrastructure towards zero-emission vehicles (ZEVs) is a key part of the state’s strategy to decrease GHG emissions, improve air quality, leverage renewable energy sources, and reduce petroleum consumption.

ZEV technology includes hydrogen fuel cell electric vehicles (FCEVs) that use hydrogen gas as motor vehicle fuel and battery electric vehicles (BEVs) that use electricity stored in onboard battery platforms as motor vehicle fuel. The Department of Food and Agriculture (Department), Division of Measurement Standards (DMS) is responsible for overseeing the fuel quality, dispenser accuracy, advertising, and labeling of all motor vehicle fuels sold at retail, including low- and zero-emission alternative fuels. DMS has partnered with several federal, state, and local government agencies and other non-governmental organizations to meet the demands of a changing market and to facilitate California’s transformation toward a fully developed ZEV transportation and fueling infrastructure. The California Governor’s Office of Business and Economic Development (GO-Biz) – Zero-Emission Vehicles webpage offers updated information about the progress of state’s developing ZEV Infrastructure and provides ZEV Readiness Maps for both hydrogen and electricity as motor vehicle fuel.

Fuel Quality

DMS began its hydrogen fuel related activities in 2005, after Senate Bill 76 (Committee, Statutes 2005, Chapter 91) was enacted, requiring the Department to adopt hydrogen fuel quality specifications. The Department developed an interim California standard until SAE International (SAE) published J2719 Hydrogen Fuel Quality for Fuel Cell Vehicles in 2011. DMS has built two Alternative Fuels laboratories in Anaheim and Sacramento to test hydrogen fuel quality in the state. Officials at DMS periodically collect fuel samples from hydrogen fueling stations throughout California and analyze for compliance with the required SAE fuel quality specifications.

Hydrogen Dispensers

California adopts and incorporates by reference the device requirements published in Section 3.39. Hydrogen Gas-Measuring Devices of the National Institute of Standards and Technology (NIST), Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices,” (NIST Handbook 44). Those requirements, along with other California-specific requirements adopted in the California Code of Regulations, are enforceable by DMS and county sealers. DMS developed the California Hydrogen Fuel Advertising and Labeling Requirements to assist county sealers and hydrogen fuel retailers understand and comply with the requirements for street sign advertising, as well as dispenser and tank labeling at hydrogen service stations.

DMS also assists the California Air Resources Board with testing hydrogen fuel dispensers for compliance with SAE J2601 Fueling Protocols for Light Duty Gaseous Hydrogen Surface Vehicles. A HyStEP device, developed by the U.S. Department of Energy’s Sandia National Laboratory, is used for this testing.

The following ZEV related websites offer additional resources and information: the U.S. Environmental Protection Agency – Hydrogen Fuel Cell Program and Green Vehicle Guide; The U.S. Department of Energy – Hydrogen & Fuel Cells Program and the Office of Energy Efficiency and Renewable Energy’s Alternative Fuels Data Center; the California Governor’s Office of Business and Economic Development (GO-Biz) – Hydrogen Station Permitting Guidebook; the California Energy Commission – Hydrogen Vehicles & Refueling Infrastructure; and the California Air Resources Board – Hydrogen Fueling Infrastructure; as well as other local government and non-governmental organizations like the South Coast Air Quality Management District and GTI International, Inc. – the parent company that manages the California Fuel Cell Partnership website, through its subsidiary Frontier Energy, to name a few.

DMS’ BEV projects include the development of standards used to test the accuracy of commercial electric vehicle supply equipment (EVSE); establishment of certification procedures for the standards used to test EVSE; creation of type evaluation procedures to certify EVSE for commercial use; and development of inspection and test procedures for county sealers to use when testing commercial EVSE.

Frequently Asked Questions about the 2020 Electric Vehicle Supply Equipment (EVSE) Regulation

General Information

Electric Vehicle Fueling Systems (EVFS)/Electric Vehicle Supply Equipment (EVSE), also known as “charging stations,” used for commercial purposes, are subject to regulation adopted by the Department and enrolled by the Secretary of State on January 1, 2020. This regulation applies to alternating current (AC) EVSE and direct current fast charger (DCFC) EVSE.


A-1: The California Department of Food and Agriculture adopts device requirements in Title 4 of the California Code of Regulations (CCR) Section 4000 and has authority to modify, amend or reject those requirements through rulemaking in Sections 4001 and subsections of 4002.

CCR Section 4000 adopts and incorporates by reference the current edition of the National Institute of Standards and Technology (NIST) Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," (NIST Handbook 44). EVSE used for commercial purposes are subject to NIST Handbook 44, Section 1.10. General Code and Section 3.40. Electric Vehicle Fueling Systems.

CCR Section 4001 lists requirements published in NIST Handbook 44 that are not adopted or enforced in California.

CCR Section 4002.11 adopts additional requirements not published in NIST Handbook 44 and are only enforceable in California.

EVSE used for commercial purposes are also subject to applicable requirements in Division 5 of the Business and Professions Code and Title 4, Division 9, of the California Code of Regulations pertaining to EVSE.

Documents associated with the EVSE regulation are available on the Department’s Division of Measurement Standards’ (DMS) Rulemaking webpage. Readers may find two documents most useful in the EVSE rulemaking file: The Initial Statement of Reasons and Final Statement of Reasons.

A-2: January 1, 2021. All new commercial AC EVSE installed on or after January 1, 2021, will be fully subject to the regulation.
January 1, 2023. All new commercial DCFC EVSE installed on or after January 1, 2023, will be fully subject to the regulation.
January 1, 2031. All commercial AC EVSE installed prior to January 1, 2021, must comply with the regulation by January 1, 2031.
January 1, 2033. All commercial DCFC EVSE installed prior to January 1, 2023, must comply with the regulation by January 1, 2033.

A-3: Yes. DMS will develop, schedule, and provide EVSE device training for county weights and measures officials.


EVSE Manufacturers' and Owners' Questions

A-4: Division 5 of the Business and Professions Code (BPC) and Division 9 of the California Code of Regulations (CCR) establishes requirements for commercial weighing and measuring devices used in California. The definition of a device used for "commercial purposes" is in BPC Section 12500.

Common commercial weighing and measuring devices include grocery and deli scales, taximeters, and retail gasoline meters at service stations. An EVSE that transfers electricity to a vehicle (as retail motor vehicle fuel) for a fee, becomes a commercial measuring device and is subject to oversight by the Department.

A-5: The following EVSE are not subject to regulation:

  1. EVSE wholly owned and operated by public utilities, public entities, and municipalities;
  2. EVSE which are not used for commercial purposes;
  3. EVSE that dispense electricity as motor vehicle fuel at no cost to the consumer; and
  4. EVSE that deliver wholesale electricity.

A-6: Manufacturers of commercial EVSE. EVSE intended for commercial purposes must be type evaluated and approved by either the California Type Evaluation Program or the National Type Evaluation Program. More information is available on DMS' California Type Evaluation Program webpage or the National Institute of Standards and Technology’s National Type Evaluation Program webpage.

Businesses that own or operate commercial EVSE. A business that owns or operates commercial retail EVSE must register each device with the local county office of weights and measures.

Businesses that install or repair commercial EVSE. Any business that installs or repairs commercial EVSE must license with DMS as a registered service agency, provide proof of certified and traceable standards, and maintain a copy of current, applicable laws, regulations, and test methods. Before any work can be done, the business’s repair technicians must also license with DMS as a registered service agent. More information about registering with DMS is available on the Registered Service Agency webpage.

State and County Weights and Measures Officials. The Department has authority over weights and measures devices used for commercial purposes. It also supervises and oversees the work of each county office of weights and measures. DMS works closely with county officials who perform most of the routine field inspecting, testing, and sealing of devices used for commercial purposes. County officials also inspect for proper labeling and advertising of devices such as EVSE. Contact information for each county is available on the Departmen's County Agriculture/Weights & Measures Departments webpage.

Consumers. The EVSE regulation aids consumers by facilitating an "apple-to-apple" price comparison of electricity sold at different locations. Uniform requirements for price advertising and EVSE labeling helps eliminate inconsistent, misleading, or fraudulent business practices by retailers. See the Electric Vehicle Owners’ Questions section below for additional consumer related FAQs.


Electric Vehicle Owners' Questions

A: There will be two varieties of commercial AC EVSE after January 1, 2021:

  1. AC EVSE installed after January 1, 2021, must comply with the EVSE regulation. Look for the county approval seal on these EVSE which indicates they have been inspected, tested, and determined to comply with the EVSE regulation; and
  2. AC EVSE installed prior to January 1, 2021, which are not subject to the EVSE regulation until 2031. This variety of AC EVSE, for example, will not be inspected, tested, or sealed by the county, except in response to a complaint received by the county, and may not have all the required labeling and marking requirements as adopted in the regulation. These devices, however, may still be subject to commercial device registration fees based on the applicable county device fee ordinance.

Like the two varieties of AC EVSE, above, there are also two varieties of DCFC EVSE:
  1. DCFC EVSE installed after January 1, 2023, must comply with the EVSE regulation, and be inspected, tested, and sealed by the county. These EVSE will have all required labels and markings. Look for the county approval seal on this variety; and
  2. DCFC EVSE installed prior to January 1, 2023, are not subject to the EVSE regulation until 2033. These EVSE will not be inspected, tested, or sealed by the county, except in response to a complaint received by the county, and may not have all the required labeling and marking requirements as adopted in the regulation. These devices, however, may still be subject to commercial device registration fees based on the applicable county device fee ordinance. Refer to Q-2. "When is the EVSE regulation enforceable?" for more information.

A-8: Contact DMS via email at DMS@cdfa.ca.gov. Include "EVSE FAQ" in the subject line of your email.

Contact

Kevin Schnepp, Director
6790 Florin Perkins Road, Suite 100, Sacramento, CA 95828
Phone: (916) 229-3458
FAX: (916) 229-3015
E-mail: kevin.schnepp@cdfa.ca.gov