1. (a) The funding recipient shall ensure that, publicly or ratepayer funded chargers installed on or after January 1, 2024, shall maintain a minimum annual average uptime rate of 97 percent for each calendar year for the first six years after the charger is installed. The annual average uptime rate shall be calculated using the calculation defined in section 3124(b)(1) using the parameters in (1) through (4) of this subdivision.

   1. (1) U = The charging port annual uptime percentage.
   2. (2) T = 525,600 minutes, except for a leap year, which is 527,040 minutes.
   3. (3) D = Total charging port downtime, reported in minutes, during the calendar year according to section 3124(c).
   4. (4) E = The total excluded downtime, reported in minutes, during the calendar year according to section 3124(d).
2. (b) Any charger that was previously reported as uninstalled or that meets the definition of an AC level 2 charger, fleet charger, private residential charger, research charger, temporary charger, or off-grid charger, as defined in section 3121, need not meet the performance standards of subdivision (a) of this section.

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).