Weights and measures: electric vehicle fueling systems.
SB 969
California Bills
20250SB__096996AMD INTRODUCED 2026-02-03 AMENDED_SENATE 2026-03-23 AMENDED_ASSEMBLY 2026-06-11 AMENDED_ASSEMBLY 2026-06-29 2025 SB AMD Introduced by Senator Reyes (Coauthors: Assembly Members Irwin and Petrie-Norris) LEAD_AUTHOR SENATE Reyes COAUTHOR ASSEMBLY Irwin COAUTHOR ASSEMBLY Petrie-Norris
An act to add Sections 12107.2, 12210.1, and 12210.2 to the Business and Professions Code, relating to weights and measures. weights and measures 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 register the installation of the system with a county sealer by submitting a placed in service report to 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 12107.2 is added to the Business and Professions Code , to read: 12107.2. On or before July 1, 2028, the secretary shall, in consultation with the State Energy Resources Conservation and Development Commission, update the regulations regarding electric vehicle fueling systems to conform to the requirements of Sections 12210.1 and 12210.2.
SEC.
Section 12210.1 is added to the Business and Professions Code , to read: <caml:Num>12210.1.</caml:Num><caml:LawSectionVersion id="id_88D87F33-771A-4F3A-902B-2B5BFA53D655"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>A sealer may only inspect an EVSE in accordance with the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>AC EVSE installed on or after January 1, 2021.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>DC EVSE installed on or after January 1, 2023.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>All AC EVSEs, regardless of the date of installation, beginning January 1, 2031.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>All DC EVSEs, regardless of the date of installation, beginning January 1, 2033.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>A sealer shall not inspect an EVSE more frequently than once every three years.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?> 12210.1. (a) (1) (
A) The secretary shall adopt regulations governing the inspection frequency of EVSE that authorize both of the following: (
i) An inspection frequency that is a risk-based statistical sampling of EVSE. (ii) The inspection frequency otherwise required for EVSE under regulations adopted pursuant to subdivision (
a) of
Section 12212, as those regulations may be amended from time to time. (
B) A county sealer shall choose to inspect EVSE at either of the frequencies described in subparagraph (A).
(2) Notwithstanding paragraph (1), a sealer may inspect an EVSE at any time in response to a consumer complaint.
(3) This subdivision does not prevent a sealer from testing a device in accordance with subdivision (
b) of
Section 12212. (c)</xhtml:p>"?> (
b) A sealer shall inspect an EVSE in accordance with all of the following requirements:
(1) The sealer shall seal an EVSE meeting all applicable requirements of this division and any regulations adopted pursuant to this division.
(2) If a sealer determines that an EVSE model or individual device does not meet type approval or applicable tolerance requirements, the sealer shall take the EVSE out of service and shall report that determination to the Division of Measurement Standards with an explanation for why it took the EVSE out of service in its monthly report pursuant to subdivision (c).
(3) If a sealer determines that an EVSE does not meet any other applicable requirement of this division, or a regulation adopted pursuant to this division, the sealer shall do the following: (
A) Submit a written notice to the owner or operator of the EVSE to inform the owner or operator of the deficiency. (
B) Take the EVSE out of service by marking the EVSE with a tag or other suitable device with the words “out of order” only if both of the following conditions are satisfied: (
i) The sealer does not receive an acknowledgment of the notice submitted pursuant to subparagraph (
A) from the owner or operator within 30 days of the submittal. (ii) The owner or operator does not fix the deficiency to the sealer’s satisfaction within 45 days of the submittal of the notice pursuant to subparagraph (A), unless the sealer grants additional time to fix the deficiency. (d)<xhtml:span class="EnSpace"/>No less than annually, a sealer shall submit EVSE inspection data and information to the Division of Measurement Standards and the State Energy Resources Conservation and Development Commission, including, but not limited to, the number of registered EVSEs, the number of inspected EVSEs, the number of sealed EVSEs, the number of violations, the number of violations related to type approval, the number of violations related to accuracy, and the number of violations resulting from an EVSE found to be incorrect.</xhtml:p>"?> (
c) A sealer shall submit EVSE inspection data and information on a monthly basis, as prescribed by the secretary, to the Division of Measurement Standards, including, but not limited to, the reason an EVSE was taken out of service pursuant to paragraph (2) of subdivision (b). (
d) No less than biannually, the Division of Measurement Standards shall provide the State Energy Resources Conservation and Development Commission with the information and data submitted pursuant to subdivision (c). (
e) For purposes of this section, all of the following
definitions apply: (1) “Commercial purposes” has the same meaning as defined in
Section 12500. (2) “EVSE” means an electric vehicle fueling system used for commercial purposes. (3)<xhtml:span class="EnSpace"/>“Incorrect” has the same meaning as defined in
Section 12500.</xhtml:p>"?>
SEC.
Section 12210.2 is added to the Business and Professions Code , to read: <caml:Num>12210.2.</caml:Num><caml:LawSectionVersion id="id_F40BB824-0C46-4497-BAB6-0A956A334B88"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>All AC EVSEs, regardless of the date of installation, shall comply with
Article 1 (commencing with
Section 4000) of
Chapter of Division of Title of the California Code of Regulations by January 1, 2031, and all DC EVSEs, regardless of the date of installation, shall comply with
Article 1 (commencing with
Section 4000) of
Chapter of Division of Title of the California Code of Regulations by January 1, 2033.</xhtml:p><xhtml:p>(b)</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?> 12210.2. (
a) Notwithstanding subdivision (
d) of
Section 12532, EVSE meeting type approval requirements that are factory tested and certified for metrological requirements by a factory registered service agency are exempt from both of the following:
(1) Having to be placed in service in the field by a registered service agency or sealer.
(2) Having to be tested for meeting applicable tolerance requirements in the field when placed in service. (c)</xhtml:p>"?> (b)
(1) The operator, or their designee, of an EVSE described in subdivision (
a) shall register the installation of the EVSE with the county sealer by submitting a placed in service report to the county sealer within 72 hours of installation.
(2) A sealer shall not require an accuracy test to be performed, or the use of a registered service agency, for a placed in service report submitted pursuant to paragraph (1). (c)
(1) A repair of an EVSE described in subdivision (
a) that is a metrologically relevant repair shall only be performed by a service agency or service agent. (d)</xhtml:p>"?>
(2) Notwithstanding
Chapter 5.5 (commencing with
Section 12531), a repair of an EVSE described in subdivision (
a) that is not a metrologically relevant repair may be performed by any person competent to perform the repair provided that the person, or their designee, provide notice of the repair in writing to the sealer within one week of performing the repair. (e)</xhtml:p>"?> (
d) For purposes of this section, all of the following
definitions apply: (1) “Commercial purposes” has the same meaning as defined in
Section 12500. (1)</xhtml:p>"?> (2) “EVSE” means an electric vehicle fueling system used for commercial purposes. (3) “Factory registered service agency” means a service agency that conducts testing in a factory or facility before installation. (2)</xhtml:p>"?> (4) “Factory tested and certified” means a process by which a manufacturer demonstrates that its production process consistently produces and validates instruments conforming to the approved type. (3)</xhtml:p>"?> (5) “Metrologically relevant repair” means a repair affecting the meter or a device’s compliance with applicable tolerance requirements. (4)</xhtml:p>"?> (6) “Placed in service” has the same meaning as defined in
Section 12531. (5)</xhtml:p>"?> (7) “Repair” has the same meaning as defined in
Section 12531. (6)</xhtml:p>"?> (8) “Service agency” has the same meaning as defined in
Section 12531. (9) “Service agent” has the same meaning as defined in
Section 12531.
SEC. 4. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of