HomeMy WebLinkAboutOrdinance 2792 N.C.S. 09/13/2021Ordinance No. 2792 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
December 1, 2021
ORDINANCE NO. 2792 N.C.S.
Introduced by: Dave King Seconded by: Kevin McDonnell
ORDINANCE NO. 2792 N.C.S.
ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING SECTION 17.12.060 OF
THE PETALUMA MUNICIPAL CODE ENTITLED “ELECTRIC VEHICLE CHARGING STATION
INSTALLATION REQUIREMENTS”
WHEREAS, the State of California and the City of Petaluma have consistently promoted and encouraged the
use of fuel-efficient electric vehicles; and
WHEREAS, the State of California adopted Assembly Bill 1236, which requires local agencies to adopt an
ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations
will facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally
damaging fossil fuels; and
WHEREAS, on July 12, 2021, the City Council of the City of Petaluma considered and approved an
amendment to add Chapter 17.12, regarding Electric Vehicle Charging Stations to the Petaluma Municipal Code,
Ordinance No. 2784 N.C.S. at a duly noticed public meeting at which time members of the public were provided
the opportunity to provide public comment; and
WHEREAS, on July 19, 2021, the City Council adopted Ordinance No. 2784 N.C.S. adding Chapter 17.12,
regarding Electric Vehicle Charging Stations to the Petaluma Municipal Code; and
WHEREAS, during the July 12 and July 19 discussions of Ordinance No. 2784 N.C.S. City Council
recommended that staff return at a later date with an amendment to Ordinance No. 2784 N.C.S. to address
Assembly Bill No. 841; and
WHEREAS, AB 841, adopted in September 2020, among other things added Section 740.20 to the California
Public Utilities Code, which section requires, with limited exceptions, that all electric vehicle charging
infrastructure that is funded in part by the Public Utilities Commission, the Energy Commission, and the State
Air Resources Board on and after January 1, 2022, be installed by a contractor with the appropriate license
classification, as determined by the Contractors’ State License Board, and at least one electrician on each crew,
at any given time, who holds an Electric Vehicle Infrastructure Training Program (EVITP) certification; and
WHEREAS, on October 18, 2021, City Council approved the first reading of an ordinance amending Section
17.12.060 of the Petaluma Municipal Code entitled “Electric Vehicle Charing Station Installation Requirements;
and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that an action to address the certification of
contractors performing EV charging infrastructure work constructed in whole or in part with funds provided,
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approved or administered by the City, does not meet CEQA's definition of a “project,” because the action does
not have the potential for resulting in either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment, and because the action constitutes organizational or
administrative activities of governments that will not result in direct or indirect physical changes in the
environment; and
WHEREAS, in the event that the action met CEQA’s definition of “project,” amending an ordinance
streamlining the permitting of electric vehicle charging stations would qualify for a Class 8 categorical exemption
(Actions by a Regulatory Agency for Protection of the Environment) in accordance with Section 15308 of the
State CEQA Guidelines to the extent specifying certification requirements for installation of City-funded electric
vehicle charging station work would encourage the use of electric vehicles.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows:
SECTION 1. Findings. The above recitals are hereby declared to be true and correct and are incorporated into
this ordinance as findings of the City Council.
SECTION 2. CEQA Analysis. The proposed action is exempt from the requirements of the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that an action to
address the certification of contractors performing EV charging infrastructure work constructed in whole or in
part with funds provided, approved or administered by the City does not meet CEQA's definition of a “project,”
because the action does not have the potential for resulting in either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes
organizational or administrative activities of governments that will not result in direct or indirect physical
changes in the environment. In the event that the action met CEQA’s definition of “project,” amending an
ordinance streamlining the permitting of electric vehicle charging stations would qualify for a Class 8
categorical exemption (Actions by a Regulatory Agency for Protection of the Environment) in accordance with
Section 15308 of the State CEQA Guidelines to the extent specifying certification requirements for installation
of City-funded electric vehicle charging stations would encourage the use of electric vehicles.
SECTION 3. Amendment of Section 17.12.060. Section 7.12.060 of the Petaluma Municipal Code, entitled
“Electric vehicle charging station installation requirements” is hereby amended to read as follows:
(bold italicized is added text)
17.12.060. Electric vehicle charging station installation requirements.
A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code,
the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited
testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission
regarding safety and reliability.
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and
overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of
the California Electrical Code.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new
or existing electrical services and shall meet the requirements of the California Electrical Code. Electric
vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the
requirements of the California Building or Residential Code as applicable per occupancy, and the
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provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not
adversely affect building elements.
E. All contractors performing electrical vehicle infrastructure work on projects which are constructed
with funds provided in whole or in part by the City of Petaluma, or are constructed with funds in whole
or in part which are approved and or administered by the City of Petaluma, shall be approved by the
Electric Vehicle Infrastructure Training Program (EVITP) and electricians on the job shall be EVITP
certified, in accordance with the following:
1. All of the installation, commissioning, and maintenance of electric vehicle charging stations,
equipment and related infrastructure subject to paragraph E, above, (hereinafter referred to as
the “EV Work”) shall comply with the following requirements:
a) At a minimum, one job-site supervisor or job-site foreman supervising the EV Work at
each job site is required to be an Electric Vehicle Infrastructure Training Program
certified electrician.
b) The EV work shall be performed only by California State certified general electricians.
Apprentices may assist.
c) A minimum of fifty percent (50%) of the state certified general electricians performing
the EV Work on each job site shall be EVITP certified electricians.
d) The ratio of journeyman to apprentices shall comply with requirements set forth in
California law.
e) EVITP certification requirements do not apply to apprentices.
f) All apprentices assisting on the EV work shall be registered in a State of California
Approved Apprenticeship Program which has a graduation rate of at least 60%.
2. Contractors performing EV Work shall maintain a written or electronic record of all EV Work
including the names of all EVITP electrician(s) who performed the EV Work. Said record shall
be made available to EVITP, and/or City of Petaluma upon request. Contractor shall cooperate
fully with EVITP, and/or the City of Petaluma in case of (a) random or other quality assurance
check(s).
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or
preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it would have passed and adopted this ordinance and
each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
SECTION 5. Conflict with Code. Any provision of the City of Petaluma Municipal Code, inconsistent with
the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or
modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption
by the City Council in accordance with Article XII, Section 76A of the Petaluma Charter.
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SECTION 7. Repeal. The City Council may repeal this ordinance by duly adopted resolution upon finding that
the conditions warranting the enactment of this ordinance no longer apply in the city.
SECTION 8. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance
or a synopsis for the period and in the manner provided by the City Charter and other applicable law.
INTRODUCED and ordered posted/published the 18th day of October 2021.
ADOPTED this 13th day of September 2021 by the following vote:
Ayes: Mayor Barrett, Barnacle, Fischer, Healy, King, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: None
Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
Kendall Rose, CMC, City Clerk Eric Danly, City Attorney
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