1. (a) Publicly or Ratepayer Funded Charger Uptime Report. The publicly or ratepayer funded charger uptime report required by section 3123(b)(3) shall include all of the following:

   1. (1) The uptime percentage rate and minutes of excluded downtime for each charger port during the reporting period, calculated according to subdivisions (b), (c), and (d) of this section.
   2. (2) For each period of excluded downtime being claimed for a reporting period, an itemized summary of the date, duration, and category under subdivisions (d)(1)-(8).

2. (b) The uptime percentage rate for a charger port shall be calculated using the following formula:

   1. (2) Where:

      1. (A) U = Charging port uptime percentage rate for the reporting period.

      2. (B) T =

         1. 1. H1 reporting period, set in section 3123(a) = 260,640 minutes, except for a leap year, which is 262,080 minutes.
         2. 2. H2 reporting period, set in section 3123(a) = 264,960 minutes.
      3. (C) D = Total charging port downtime during the reporting period, in minutes, calculated according to subdivision (c) of this section.
      4. (D) E = Total charging port excluded downtime during the reporting period, in minutes, calculated according to subdivision (d) of this section.

   (1)

   

3. (c) Downtime:

   1. (1) Networked Publicly or Ratepayer Funded Chargers: Downtime shall be determined on a per charging port basis by summing the durations of all downtime events during the period. The duration of a downtime event shall be the longest of the following periods:

      1. (A) The time after the charger has transmitted an operative status indicating the charger or a charging port is in an inoperative state until a subsequent operative status is transmitted indicating the charger has returned to an operative state. The timestamps in the operative statuses shall be used to quantify the downtime.
      2. (B) If using OCPP version 2.0.1, the time after the charger has transmitted a StatusNotificationRequest indicating that the charging port associated with that charger is in a “faulted” or “Unavailable” state until a subsequent StatusNotificationRequest is transmitted by that charger indicating that the charging port has transitioned to an “available,” “occupied,” or “reserved” state. The timestamps in each StatusNotificationRequest shall be used to quantify downtime.
      3. (C) If using OCPP version 2.0.1, the time between a BootNotificationResponse transmitted by the Central Management System and the last HeartbeatResponse transmitted by the Central Management System prior to the BootNotificationResponse. The timestamps in the relevant BootNotificationResponse and HeartbeatResponse shall be used to quantify downtime.
      4. (D) The time between the first record that a charger is not capable of successfully dispensing electricity or otherwise not functioning as designed and the time it is available to deliver a charge. A record that a charger is not capable of successfully dispensing electricity or otherwise not functioning as designed can result from consumer notification pursuant to section 3127, internal diagnostics, inspection, or any other method by which the recordkeeping and reporting agent is made aware that a charger is not functioning.

   2. (2) Nonnetworked Publicly or Ratepayer Funded Charger: The time that a charging port is in an inoperative state or not capable of successfully dispensing electricity. This can be known by consumer notification pursuant to section 3127, internal diagnostics, inspection, or other methods.

      1. (A) The downtime shall be calculated from the time the charging port is in an inoperative state until it is restored to an operative state.

4. (d) Excluded Downtime: Downtime accounted for pursuant to subdivision (c) of this section that is caused by events outside of the control of the charging station operator can be subtracted from total downtime when calculating uptime percentages. Excluded downtime is limited to the categories below:

   1. (1) Before Installation: Downtime before the charging port was installed as defined in section 3121.
   2. (2) Grid Power Loss: Downtime during which utility supplied power is not supplied at levels required for minimum function of the charging port. This can include, but is not limited to, service outages due to utility equipment malfunction or public safety power shutoffs. This does not include instances where power generation or storage equipment has been installed to serve the charger(s) exclusively. Documentation from the load serving entity detailing the outage is required to claim this as excluded downtime.
   3. (3) Outage for Preventative Maintenance or Upgrade: Downtime caused by any preventative maintenance or upgrade work that takes the charging port offline. This exception only applies if the outage was scheduled at least two weeks in advance of the charger being placed in an inoperative state. The maximum downtime that can be excluded for preventative maintenance or upgrade work is 72 hours for any 12-month period.
   4. (4) Vandalism or Theft: Downtime caused by any physical damage to the charger or station committed by a third party unless the downtime was reasonably foreseeable and could have been avoided through reasonable repair or maintenance. This can include, but is not limited to, theft of charging cables, damage to connectors from mishandling, or damage to screens. A maximum of 10 days may be claimed as excluded downtime for each vandalism or theft event. A police report, timestamped photograph of the damage, or similar third-party documentation is required to claim this as excluded time.
   5. (5) Natural Disasters: Downtime caused by any disruption of the charging port due to a natural event such as a flood, earthquake, or wildfire that causes great damage. Third party documentation such as news reporting is required along with a narrative of the direct impacts to the chargers(s) to claim this as excluded downtime.
   6. (6) Communication Network Outages: Downtime caused by loss of communication due to cellular or internet service provider system outages. A Communication Network Outage can be claimed as excluded downtime provided the chargers default to a free charge state during communication losses. A free charge state is when the charger is operational and dispenses energy free of charge to any consumer.
   7. (7) Operating Hours: Hours in which the charging port is in an operative state but that are outside of the identified hours of operation of the charging station.

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, 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).