1. (a) The recordkeeping and reporting agent shall be responsible to ensure timely compliance with the recordkeeping and reporting requirements of this Article.

   1. (1) The recordkeeping and reporting agent may designate one or more entities to fulfill the responsibilities of this Article, but the recordkeeping and reporting agent remains responsible to ensure compliance.
   2. (2) If there is more than one recordkeeping and reporting agent for a charger, then compliance with any requirements of this Article by any one recordkeeping and reporting agent fulfills those requirements as to the others.

2. (b) Except as to a publicly or ratepayer funded charger as provided in subdivision (c) of this section, the recordkeeping and reporting agent for a charger is as follows:

   1. (1) Each charging network provider that operates the digital communication network that remotely manages a charger during a reporting period is its recordkeeping and reporting agent.
   2. (2) If there is no charging network provider for a charger during a reporting period, then each charging station operator of the charger is its recordkeeping and reporting agent.

3. (c) Publicly or Ratepayer funded Chargers.

   1. (1) For any networked publicly or ratepayer funded charger installed from January 1, 2024, through September 27, 2026, except as provided in subdivisions (c)(1)(A) or (c)(1)(B), the site host, or the funding recipient if designated pursuant to subdivision (c)(4) of this section, shall designate a charging network provider to serve as the recordkeeping and reporting agent.

      1. (A) If the site host of a networked publicly or ratepayer funded charger, or the funding recipient if designated pursuant to subdivision (c)(4) of this section, is a charging network provider pursuant to section 3121, then it may itself serve as the recordkeeping and reporting agent, and if so, it need not retain another.
      2. (B) If a networked publicly or ratepayer funded charger is not used to dispense electricity during a reporting period other than for testing or maintenance, then the site host, or the funding recipient if designated pursuant to subdivision (c)(4) of this section, is not required to retain a charging network provider for that charger for the period of non-operation, but if not, then it shall itself serve as the recordkeeping and reporting agent.

   2. (2) For any networked publicly or ratepayer funded charger installed on or after September 28, 2026, except as provided in subdivisions (c)(2)(A) or (c)(2)(B), the site host, or the funding recipient if designated pursuant to subdivision (c)(4) of this section, shall designate an enrolled charging network provider to serve as the recordkeeping and reporting agent.

      1. (A) If the site host of a networked publicly or ratepayer funded charger, or the funding recipient if designated pursuant to subdivision (c)(4) of this section, is an enrolled charging network provider pursuant to section 3131, then it may itself serve as the recordkeeping and reporting agent and if so, it need not retain another.
      2. (B) If a networked publicly or ratepayer funded charger is not used to dispense electricity during a reporting period other than for testing or maintenance, then the site host, or the funding recipient if designated pursuant to subdivision (c)(4) of this section, is not required to retain an enrolled charging network provider for that charger for the period of non-operation, but if not, then it shall itself serve as the recordkeeping and reporting agent.
   3. (3) For any nonnetworked publicly or ratepayer funded charger, the site host, or the funding recipient if designated pursuant to subdivision (c)(4) of this section, shall serve as the recordkeeping and reporting agent.
   4. (4) Site hosts may, at any time within the first six years following the installation of a publicly or ratepayer funded charger, upon written or electronic notice to the funding recipient at least 60 days before the start of a reporting period, designate the funding recipient to be responsible to fulfill the requirements of the site host under this Article regarding the publicly or ratepayer funded charger. The site host may revoke or reinstate the designation in the same manner. A funding recipient may, at any time more than six years of receiving the most recent incentive for a charger, terminate its duties under this subdivision upon written or electronic notice to the site host at least 60 days before the start of a reporting period.

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, 25229, 25231.5, 25300, 25301, 25303, 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).