1. (a) In this Article, the following definitions apply:

   1. (1) “AC Level 2” means a charger that operates on a circuit greater than or equal to 208 volts and transfers alternating-current (AC) electricity to a device in an EV that converts alternating current to direct current to charge an EV battery.
   2. (2) “Application programming interface” or “API” means a type of software interface that offers service to other pieces of software. An API allows two or more computer programs to communicate with each other.
   3. (3) “Charger” means a device with one or more charging ports and connectors for charging EVs. Also referred to as electric vehicle supply equipment (EVSE).
   4. (4) “Charging network” means a collection of chargers located on one or more property(ies) that are connected via digital communications to manage the facilitation of payment, the facilitation of electrical charging, and any related data requests.
   5. (5) “Charging network provider” means the entity that operates the digital communication network that remotely manages the chargers including, but not limited to, authorizing customer transactions and monitoring charger operative status. A charging network provider can also be a charging station operator or a charger manufacturer.
   6. (6) “Charging port” means the system within a charger that charges one EV. A charging port can have multiple connectors, but it can provide power to charge only one EV through one connector at a time.
   7. (7) “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.
   8. (8) “Charging station” means the area in the immediate vicinity of one or more chargers and includes the charger, supporting equipment, parking areas adjacent to the charger, and lanes for vehicle ingress and egress.
   9. (9) “Charging station management system” means a system that can be used to operate a charger, to authorize use of the charger, or to record or report charger data, such as by using OCPP.
   10. (10) “Charging station operator” means the entity that owns the charger and supporting equipment at one or more charging stations. Although this entity can delegate responsibility for certain aspects of charging station operation and maintenance to subcontractors, this entity retains responsibility for operation and maintenance of chargers and supporting equipment. The charging station operator and the charging network provider can be the same entity.
   11. (11) “Connector” means a device that attaches an EV to a charging port in order to transfer electricity.
   12. (12) “Corrective maintenance” means maintenance that is carried out after failure detection and is aimed at restoring an asset to a condition in which it can perform its intended function.
   13. (13) “Data dictionary” means two data reporting specifications, the Semiannual Charger Data Reporting Specification (July 29, 2025) and the Hourly Charger Data Reporting Specification (July 29, 2025), which are incorporated by reference in sections 3123 and 3125 of this Article.
   14. (14) “Direct current fast charger” (DCFC) means a charger that enables rapid charging by delivering direct-current (DC) electricity to an EV's battery.
   15. (15) “Downtime” means a period of time that a charger is not capable of successfully dispensing electricity or otherwise not functioning as designed. Downtime is calculated pursuant to Section 3124(c).
   16. (16) “Electric utility” means any person engaged in, or authorized to engage in, generating, transmitting, or distributing electric power by any facilities, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission.
   17. (17) “Electric vehicle” or “EV” means a vehicle that is either partially or fully powered on electric power received from an external power source. For the purposes of these regulations, this definition does not include golf carts, electric bicycles, or other micromobility devices.
   18. (18) “Enrolled charging network provider” means a charging network provider that meets the technical and administrative criteria of Section 3131 of this Article and is granted the status of an enrolled charging network provider by the Commission pursuant to Section 3131(c)(2).
   19. (19) “Electric vehicle supply equipment” or “EVSE” means a “charger” as defined.
   20. (20) “Executive Director” means the Executive Director of the Energy Commission and anyone the Executive Director designates as an agent.

   21. (21) “Fleet charger” means a charger that is not publicly available, as defined in this section, is not installed at a single-family residence or a multifamily dwelling, as defined in this section, and either:

       1. (A) The charger is used solely to charge commercial vehicles, as defined in section 260 of the California Vehicle Code, registered to the charging station operator or their contractors or subcontractors; or
       2. (B) The charger is used solely to charge commercial vehicles and the charger is not accessible to charge except for those with a preexisting contract or preexisting access agreement with the charging station operator that guarantees a minimum uptime during the period of the contract or access agreement.
   22. (22) “Funding entity” means any entity that disburses funds from a California state agency or through a charge on ratepayers to a funding recipient to install one or more chargers or charging stations that are installed on or after January 1, 2024, in California other than at a residential real property containing four or fewer dwelling units. There may be multiple funding entities as to a charger or charging station. If the same funds are disbursed sequentially through multiple entities to a funding recipient, then the funding entity for purposes of this Article is the entity that disburses the funds most directly to the funding recipient.
   23. (23) “Funding recipient” means any entity that receives any incentive from a California state agency or through a charge on California ratepayers to install one or more chargers or charging stations that are installed on or after January 1, 2024, in California other than at a residential real property containing four or fewer dwelling units.
   24. (24) “Hardware” means the machines, wiring, and other physical components of an electronic system including onboard computers and controllers.
   25. (25) “Incentive” means funds received from a state agency or a charge on ratepayers to install or operate a charger or charging station, including any electrical equipment up to the first meter or submeter. Incentive excludes funds for electrical distribution infrastructure beyond the first meter or submeter, and excludes funds for other preparations of the immediate vicinity of a charger or charging station, other supporting equipment, parking areas adjacent to the chargers, or lanes for vehicle ingress and egress. Incentive also excludes credits generated under the Low Carbon Fuel Standard program established by the California Air Resources Board under Title 17, California Code of Regulations, section 95480 et seq.
   26. (26) “Inoperative State” means the charger or charging port is not operational.
   27. (27) “Installed” means first attached or placed at a location and available for a charging session. The date a charger is “installed” is the date it is first available for a charging session. A charger that is replaced is newly “installed” as of the date it is first available for a charging session.
   28. (28) “Maintenance” means any instance in which preventive or corrective maintenance is carried out on equipment.
   29. (29) “Multifamily dwelling” means real property that is improved with, or consisting of, one or more buildings containing more than one dwelling unit that is intended for human habitation, excluding single-family residences as defined in this section.
   30. (30) “Networked” means a charger that can receive or send commands or messages remotely from or to a charging network provider or is otherwise connected to a central management system, such as by using OCPP 2.0.1, for the purposes of charger management and data reporting. For the purposes of this Article, a charger that exclusively uses customer cell phones as carriers for communication between the charger and central system is not a networked charger.
   31. (31) “Nonnetworked charger” means a charger that is not networked.
   32. (32) “Off-grid charger” means a charger that does not draw power from an electric utility as defined in Public Resources Code section 25108, at any time.
   33. (33) “Open Charge Point Interface” or “OCPI” means an open-source communication protocol that governs the communication among multiple charging networks, other communication networks, and software applications to provide information and services for EV drivers.
   34. (34) “Open Charge Point Protocol” or “OCPP” means an open-source communication protocol that specifies communication between chargers and the charging networks that remotely manage the chargers.
   35. (35) “Operational” or “up” means both the hardware and software of a charging port are both online and available for use, or in use, and the charging port is capable of successfully dispensing electricity.
   36. (36) “Operative state” means the charger is operational.
   37. (37) “Operative status” means an electronically transmitted communication from the charger or charging port to the central system indicating whether the charger or charging port is in an operative or inoperative state. Each communication shall include fields for date-timestamp and any error codes associated with the operative status.
   38. (38) “Preventive maintenance” means maintenance that is performed on physical assets to reduce the chances of equipment failure and unplanned machine downtime.
   39. (39) “Private access,” when referring to a charger, means a charger that is not a publicly available charger, as defined in this section.
   40. (40) “Private residential charger” means a charger used solely for private use by residents of a residential real property containing four or fewer dwelling units, or any charger used solely for private use by residents of a single unit of a residential real property containing more than four dwelling units for which one or more of the residents of that unit would be the exclusive charging station operator(s) or site host(s) of the charger.

   41. (41) “Publicly available,” when referring to a charger, means a charger and associated parking space or spaces designated, such as by a property owner or lessee, to be available to, and accessible by, the public for any period of time. A charger designated, such as by a property owner or a lessee, to be available only to customers or visitors of the business is a publicly available charger for purposes of this chapter. Chargers 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 a charger and associated parking space is made available to the public for only limited time periods, that charger and associated parking space is considered a publicly available charger.

       1. (A) A workplace charging station if it is clearly marked and operated as available exclusively to the organization's employees or independent contractors.
       2. (B) A charger 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.
       3. (C) A charger provided by a manufacturer of electric vehicles for the exclusive use by vehicles it manufactures.
       4. (D) A research charger, as defined in this section.

       A publicly available charger does not include any of the following:

   42. (42) “Publicly or ratepayer funded charger” means a charger installed on or after January 1, 2024, except at a residential real property containing four or fewer dwelling units, for which an incentive was received from a state agency or a charge on ratepayers, or both, to install or operate the charger or its associated charging station. An incentive from a state agency includes, without limitation, any incentive funded in whole or in part from the Greenhouse Gas Reduction Fund as defined in section 16428.8 of the Government Code. A charge on ratepayers includes, without limitation, charges on the customer of an investor-owned utilities, local publicly owned electric utility as defined in section 224.3 of the Public Utilities Code, or community choice aggregator as defined in section 331.1 of the Public Utilities Code. For purposes of these regulations, an incentive from a state agency includes, without limitation, pass-through funds for a federal grant administered by a state agency, for which the state agency is reimbursed, including but not limited to, the CEC's National Electric Vehicle Infrastructure Formula Program. A charger remains a “publicly or ratepayer funded charger” for six years from the date the charger is installed, and thereafter it is no longer a “publicly or ratepayer funded charger.” If a “publicly or ratepayer funded charger” is replaced, its replacement charger is also a “publicly or ratepayer funded charger” for at least the remainder of the six years from the date the replaced charger was previously installed. If an incentive is received from a state agency or a charge on ratepayers, or both, to replace a charger, then the replacement charger is a “publicly or ratepayer funded charger” for six years from the date the replacement charger replaced the prior charger.
   43. (43) “Recordkeeping and reporting agent” means the entity responsible to ensure timely compliance with the recordkeeping and reporting requirements of this Article. The identity of the recordkeeping and reporting agent is determined according to Section 3122.
   44. (44) “Replaced” means that the charger has been substantially modified or substituted with another unit, as indicated by a change in the serial number, ID, or the model name.
   45. (45) “Research charger” means a charger that is attached or placed solely to dispense electricity for testing or research; it is neither a fleet charger nor publicly available charger; and it is not used for workplace charging.
   46. (46) “Residential real property containing four or fewer dwelling units” means a single-family residence or a multifamily dwelling containing four or fewer dwelling units.
   47. (47) “Single-family residence” means a detached or semi-detached (semi-attached, side-by-side) residence, duplex, triplex, quadruplex, row house such that each row house shares at least one wall with another of the row houses even if not in a row, townhouse, or manufactured home, including mobilehome, unless the residence is part of a condominium as defined in Civil Code section 4125 or is located in a mobilehome park.
   48. (48) “Site host” means the electric utility customer of record for electric service to the charger and can also be the charging network provider or the charging station operator of the charger.
   49. (49) “Software” means a set of instructions, data, or programs used to operate computers and execute specific tasks.
   50. (50) “Temporary charger” means a charger that is designed to be portable and available for use intermittently, is not attached at a location, and is not available for use at a single lot or parcel, or an adjacent lot or parcel, for more than 30 days in a calendar year. For the purposes of this definition, a charger that is made available for use for any portion of a day, is considered available for use for that full day.
   51. (51) “Uninstalled” means the charging station operator took affirmative steps to make the charger unavailable for a charging session with intent to make it permanently unavailable, such that the number of chargers at the charging station is reduced by the number of uninstalled chargers for at least one year. Affirmative steps required to qualify as “uninstalled” include at least labeling the charger in a way that notifies drivers that it is not operational without the need to interact with the charger and updating the data field shared pursuant to section 3130(a)(6) to be consistent with uninstalled status. Mere failure to repair a malfunctioning charger does not make it “uninstalled.”
   52. (52) “Uptime” means the time that a charger is installed during a reporting period excluding downtime pursuant to section 3124(c) and (d).
   53. (53) “Workplace charging” means an EV charger and its associated parking space is provided by an organization primarily to serve its employees and independent contractors at the organization's place of business.

Note: Authority cited: Sections 25210, 25213, 25216.5, 25218(e), 25231.5, 25301, 25302, 25303, 25304, 25305, 25400, 25401, 25601, 25602 and 25618, Public Resources Code. Reference: Sections 25210, 25216.5, 25231.5, 25300, 25301, 25302, 25303, 25304, 25305, 25324, 25400, 25401, 25601, 25602 and 25618, Public Resources Code.

History

1. New section filed 3-10-2026; operative 4-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 11).