SB 969: Weights and measures: electric vehicle fueling systems.

Existing law vests the Department of Food and Agriculture with general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law authorizes the Secretary of Food and Agriculture to adopt regulations to carry out the provisions of state law governing weights and measures, and requires the secretary to establish, by regulation, tolerances and specifications and other technical requirements for commercial weighing and measuring, as specified. Existing law authorizes the secretary, and each sealer acting under the supervision and direction of the secretary, to enforce provisions of state law governing weights and measures, as specified. Existing law requires the sealer of a county to inspect and test weighing and measuring devices, as specified, that are used or sold in the county. Existing law requires the secretary to adopt regulations governing the inspection frequency of all commercially used weights, measures, and weighing and measuring apparatus in the state and requires each county sealer to perform those inspections as may be required by the secretary. Existing law makes a violation of the provisions of state law governing weights and measures a crime. This bill would require the secretary to adopt regulations governing the inspection frequency of electric vehicle fueling systems used for commercial purposes, as specified, and would require a sealer to inspect those systems in accordance with specified requirements. The bill would require a sealer to submit data and information relating those inspections on a monthly basis, as prescribed by the secretary, to the Division of Measurement Standards and would require the division, no less than biannually, to provide the State Energy Resources Conservation and Development Commission with that information and data. Existing law requires the secretary to provide rules and regulations for the submission for approval of types or designs of weights, measures, or weighing, measuring, or counting instruments or devices, used for commercial purposes, and to issue certificates of approval of those types or designs as the secretary finds meet the requirements of state law, as specified. Existing law prohibits a person from maintaining, installing, adjusting, reconditioning, or servicing a commercial weighing or measuring device for compensation unless the person registers with the secretary as a service agency. Existing law authorizes a weighing or measuring device to be placed in service only by a sealer or a service agency. This bill would exempt electric vehicle fueling systems used for commercial purposes meeting type approval requirements that are factory tested and certified for metrological requirements by a factory registered service agency from, among other things, the requirement to be placed in service in the field by a service agency or sealer. The bill would require a metrologically relevant repair of those systems to be performed by a registered service agency or service agent, and would authorize a repair that is not metrologically relevant to be performed by any person competent to perform the repair, as specified. The bill would require the operator, or the operator's designee, of such a system to report the installation of the system with a county sealer by submitting a placed in service report to the county sealer and to register the system with the county sealer, as specified. Because a violation of that requirement would be a crime, the bill would impose a state-mandated local program. The bill would require, by July 1, 2028, the secretary, in consultation with the State Energy Resources Conservation and Development Commission, to update the regulations regarding electric vehicle fueling systems to conform to the requirements of the bill. To the extent that the bill would expand the duties of county sealers, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.