ATTACHMENT A 
FINAL REGULATION ORDER 
Adopt new sections 2360, 2360.1, 2360.2, 2360.3, 2360. 4 and 2360.5 in new Chapter 
8.3 of Division 3, Title 13, California Code of Regulations, to read as follows: 
(Note: The chapter title and entire text of sections 2360, 2360.1, 2360.2, 2360.3, 2360.4 
and 2360.5 set forth below is new language in “normal type” proposed to be added to 
the California Code of Regulations.) 
Chapter 8.3. Electric Vehi cle Supply Equipment Standards 
§ 2360. Applicability . 
(a) This chapter applies to all Electric Vehicle Service P roviders ( EVSPs) operating 
one or more publicly available Level 2 or Direct Current Fast Charger ( DCFC) 
Electric Vehicle Supply Equipment ( EVSE) installed in California . If an EVSP 
also operates EVSE that are not publicly available, the requirements of this 
chapter apply only to that EVSP’s publicly available Level 2 or DCFC EVSE 
installed in California . 
(b) For the purposes of this chapter , the following definitions shall apply : 
“Charging session” means an event starting when a user or a vehicle initiates a 
refueling event and stops when a user or a vehicle ends a re fueling event. 
“Clearly marked” means a sign, sticker, plaque or any other visible marker that 
is readable and indicates if the EVSE is available for private or public use. “Common interest development” means a residential community apartment 
project, a residential condominium project , a residential planned development , 
or a residential stock cooperative. “Direct Current Fast Charg er (DCFC or DCFC EVSE )” means an EVSE 
capable of supplying direct current (DC) electricity to a vehicle fitted with the 
appropriate connection to support ref ueling the vehicle’s energy storage 
battery. 
“Electric Vehicle Service Provider (EVSP)” means the entity responsible for 
operating one or more networked or non- networked EVSE. Operating includes , 
but is not limited to, sending commands or messages to a networked EVSE ; 
receiving commands or messages from a networked EVSE ; or providing billing, 
maintenance, reservations , or other services to a non-networked or networked 
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 EVSE. An EVSP may designate another entity to act as the EVSP for purposes 
of this chapter . 
“Electric Vehicle Supply Equipment (EVSE) ” means the unit control ling the 
power supply to one or more vehicle s during a charging session. 
“Installed” means the date the EVSE is first available for use by the public for a 
charging session. 
“Kiosk” means a standalone physical unit that allows users to pay for and start 
a charging session at one or more EVSE located at the same site as the kiosk . 
“Level 2 Electric Vehicle Supply Equipment (Level 2 EVSE)” means an EVSE 
capable of supplying 208 to 240 Volt alternating current (AC), single phase 
electricity to a vehicle fitted with an on- board charger that can accept and 
convert that AC electricity into DC electricity to re fuel the vehicle’s energy 
storage battery. 
“Mobile payment device ” means hardware that enables a driver to complete a 
payment from a mobile phone via contactless payment . 
“Network ed Electric Vehicle Supply Equipment (Networked EVSE) ” means an 
EVSE capable of receiving and sending commands or messages remotely from 
an EVSP. 
“Non -networked Electric Vehicle Supply Equipment (Non- networked EVSE) ” 
means an EVSE in capable of receiving and sending commands or messages 
remotely from an EVSP . 
“Payment C ard Industry Data Security Standard Level 1 ( PCI-DSS Level 1 )” 
means payment card information data security standards consistent with 
“Payment Card Industry (PCI) Data Security Standard - Requirements and 
Security Assessment Procedures” published by PCI Security Standards Council 
(Version 3.2.1, May 2018) , which is incorporated by reference herein. 
“Publicly available Electric Vehicle Supply Equipment ( publicly available EVSE , 
publicly available DCFC EVSE , or publicly available Level 2 EVSE )” means an 
EVSE and associated parking space or spaces designated by a property owner 
or lessee to be available to, and accessible by, the public for any period of time. 
An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business is a publicly available EVSE for purposes of this chapter . EVSE and associated parking spaces located in parking 
garages or gated facilities are considered publicly available for purposes of this chapter if any member of the public can obtain vehicular access to the facility 
for free or through payment of a fee. 
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  If an EVSE and associated parking space is made available to the public for 
only limited time periods, that EVSE and associated parking space is considered a publicly available EVSE during those limited time periods only, and must comply with this chapter during those limited time periods. 
A publicly available EVSE does not include : 
(i) A workplace EVSE and its associated parking spac e if it is clearly marke d 
and operated as available exclusively to employees or contracted drivers. 
For the purposes of this chapter , “contracted drivers ” includes participating 
drivers , as that term is defined in P ublic Utilities Code section 5431, 
regardless of the physical accessibility of the EVSE to the public ; 
(ii) An EVSE and associated parking spaces reserved exclusively to 
residents, tenants, visitors, or employees of a private residence or common 
interest development; or a residential building adjacent to a private 
residence ; or 
(iii)An EVSE provided by a manufacturer of electric vehicles for the 
exclusive use by vehicles it manufactures. 
“Radio -Frequency Identification (RFID) card” means a card that communicates 
with a reader through radio- frequency electromagnetic fields and is capable of 
transmitting payment information. 
“Replaced ” means that the EVSE has been substantially modified or substituted 
with another unit , as indicated by a change in the serial number , EVSE ID or 
the model name of the EVSE. “Service provider application” means a mobile phone downloadable software 
package that connects users to an EVSP and enables users to begin, end, and 
pay for charging sessions. 
“Station ID ” means the physical site, typically identified by a street address, at 
which one or more EVSE are located. 
NOTE: Authority cited: Sections 39600, 39601 and 44268.2, Health and Safety Code. 
Reference: Section s 44268 and 44268.2, Health and Safety Code. 
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 § 2360.1. Requirements for Labeling Electric Vehicle Supply Equipment . 
(a) Applicability . The requirements of this section apply to all EVSPs operating one 
or more publicly available Level 2 or DCFC EVSE installed in California. 
(b) DCFC EVSE labeling deadline. By January 1, 2022, the EVSP shall install and 
maintain, for each publicly available DCFC EVSE that is operated by t he EVSP, 
a label that complies with 16 CFR Part 309, Subpart B – Requirements for 
Alternative Fuels, Subject group 31 § 309.17 a(3) (as amended April 23, 2013). 
(c) Level 2 EVSE labeling deadline. By July 1, 2023, the EVSP shall install and 
maintain, for each publicly available Level 2 EVSE that is operated by the 
EVSP , a label that complies with 16 CFR Part 309, Subpart B – Requirements 
for Alternative Fuels, Subject group 31 § 309.17 a(3) (as amended April 23, 
2013). 
(d) At a minimum, if the EVSE requires payment for use, the EVSP shall disclose 
to the user the following information at the point of sale , if applicable: 
(1) A fee for use of the parking space. 
(2) A nonmember plug -in fee from the EVSP. 
(3) Price to refuel in U.S. dollars per kilowatt -hour or megajoule. 
(4) Any potential changes in the price to r efuel , in U.S. dollars per kilowatt -
hour or megajoule, due to variable pricing. This may be specified as a 
range of prices, in U.S. dollars per kilowatt -hour or megajoule. 
(5) Any other fees charged for a refueling session. 
NOTE: Authority cited: Sections 39600, 39601 and 44268.2, Health and Safety Code. 
Reference: S ections 44268 and 44268.2, Health and Safety Code. 
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 § 2360. 2. Payment Method Requirements for Electric Vehicle Supply Equipment . 
(a) Applicability. The requirements of this section appl y to publicly available EVSE 
installed in California that requir e payment . 
(b) The EVSP shall ensure that each EVSE subject to this section that it operates 
complies with the requirements of this section. 
(c) Compliance deadlines. 
(1) DCFC EVSE compliance deadline. A DCFC EVSE installed on or after 
January 1, 2022, shall comply with the requirements of this section. A 
DCFC EVSE installed prior to January 1, 2022, shall comply with the 
requirements of this section when the EVSE is replaced but in no case later than July 1, 2033. 
(2) Level 2 EVSE compliance deadline. A Level 2 EVSE installed on or after 
July 1, 2023, shall comply with the requirements of this section. A Level 2 
EVSE installed prior to July 1, 2023, shall comply with the requirements of this section when the EVSE is replaced but in no case later than July 1, 
2033. 
(d) All EVSE subject to this section shall have a credit card reader device 
physically located on either the EVSE unit or a kiosk used to service that EVSE . 
The credit card reader device shall comply with all of the following 
requirements: 
(1) The credit card reader device shall accept, at a minimum, the Euro 
Master Card Visa ( EMV ) chip and, at a minimum, one of the following 
credit card types: Visa, MasterCard , or American Express . 
(2) The credit card reader device shall be non- locking and shall always permit 
customers to remove their credit card without damage to the card, 
including during a fault situation or power failure. 
(3) The credit card reader device shall comply with PCI – DSS Level 1. 
(e) All EVSE subject to this section shall have a mobile payment device physically 
located on the EVSE o r kiosk used to service that EVSE . 
(f) The EVSP shall provide and display a toll -free number on each EVSE or kiosk 
used to service that EVSE that provides the user with the option to initiate a 
charging session and submit payment at any time that the EVSE is operational 
and publicly available. 
(g) The EVSP shall not require a subscription or membership in order to initiate a 
charging session for an EVSE subject to this section. 
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     NOTE: Authority cited: Sections 39600, 39601 and 44268.2, Health and Safety Code. 
Reference: S ections 44268 and 44268.2, Health and Safety Code. 
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   § 2360.3. Facilitating Roaming Agreements . 
(a) Applicability. This section applies to ESVPs operating one or more networked 
EVSE installed in California. 
(b) No later than July 1, 2021, t he EVSP shall meet, at a minimum, and maintain 
the “California Open Charge Point Interface Interim Test Procedures for 
Networked Electric Vehicle S upply Equipment for Level 2 and Direct Current 
Fast Charge Classes ,” adopted April 15, 2020, and incorporated by reference 
herein, for each applicable EVSE . This does not preclude the additional use of 
other communication protocols. 
NOTE: Authority cited: Sections 39600, 39601 and 44268.2, Health and Safety Code. 
Reference: Section s 44268 and 44268.2, Health and Safety Code. 
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  § 2360. 4. Reporting for Electric Vehicle Service Providers. 
(a) Applicability . The requirements of this section apply to all EVSPs operating or 
intending to operate one or more publicly available Level 2 or DCFC EVSE 
installed in California . 
(b) Initial reporting deadline for existing EVSPs. No later than August 15, 2020 , the 
EVSP shall collect and submit the following information to the Executive Officer: 
(1) Initial EVSP contact information as specified in subsection (g) . 
(2) An EVSE model certification, as specified in subsection (h) , for each 
EVSE model operated in California. 
(3) EVSE inventory as specified in subsection (i). For this initial inventory 
report, the EVSP may omit information that it has not collected in the past 
if that information could not be reasonably obtained within the past 45 days. 
(c) Initial reporting deadline for new EVSPs. If an EVSP intends to operate one or 
more publicly available Level 2 or DCFC EVSE installed in California on or after 
July 1, 2020, then that EVSP shall collect and submit the following information 
to the Executive Officer at least 45 days before installation of any EVSE in California: 
(1) Initial contact information as specified in subsection (g) . 
(2) An EVSE model certification, as specified in subsection (h), for each 
EVSE model that the EVSP intends to install in California within the next 45 days. 
(d) Reporting deadline for new EVSE models. If an EVSP intends to operate a 
new, unique EVSE model in California on or after July 1, 2020, then that EVSP 
shall collect and submit initial contact information to the Executive Officer as 
specified in subsection (g) at least 45 days prior to installation of that EVSE 
model in California. 
(e) Annual reporting deadline for all EVSPs. On or before March 1 of each year, 
the designated contact for the EVSP shall collect and submit to the Executive Officer annual EVSE inventory information for the prior calendar year, as 
specified in subsection (i). If the EVSP opera tes one or more EVSE that require 
payment for use, the designated contact for the EVSP shall also collect and 
submit to the Executive Officer annual EVSE payment information for the prior 
calendar year, as specified in subsection (j). The first annual report is due March 1, 2022. For example, an EVSP must submit information no later than 
March 1, 2022, for EVSE that it operated between January 1, 2021, and 
December 31, 2021. 
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   (f) Information updates. Any EVSP reporting under this subsection shall update its 
initial contact information and EVSE model certification within 45 days of any 
changes to that information. 
(g) Initial EVSP contact information. The initial EVSP contact information reported 
by the EVSP shall include all of the following information: 
(1) EVSP company name. 
(2) Website for EVSP . 
(3) Name of designated contact person. 
(4) Email of designated contact person. 
(5) Phone number of designated contact person . 
(6) Mailing address of designated contact person . 
(h) EVSE model certification. The EVSE model certification reported by the EVSP 
shall include all of the following information, for each EVSE model : 
(1) Manufacturer name and m odel number . 
(2) Type of EVSE (Level 2 or DCFC EVSE) . 
(3) Nominal voltage, current supported ( amps ), power supported (kilowatts) . 
(4) Number of ports . 
(5) Number of connectors and connector standard. 
(6) Type of payment devices installed. 
(7) Manufacturer website. 
(8) EVSP toll -free number or numbers displayed on the EVSE model . 
(9) EVSE model photos: front, back, payment hardware, fee display (if display 
is multiple pages, include photos of complete information) . 
(10) Kiosk model photos: front, back, payment hardware, fee display (if display 
is multiple pages, include photos of complete information), if applicable . 
(i) Annual EVSE inventory . The annual EVSE inventory report filed by the EVSP 
shall include all of the following information, broken down per publicly available 
EVSE operated by the EVSP in California : 
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 (1) New EVSE installations in California in the reporting period : 
(A) Station ID . 
(B) Station Name . 
(C) EVSE ID or serial number . 
(D) Station Address . 
(E) Geographic coordinates of the station (e.g. , Latitude: 50.770774 , 
Longitude: - 126.104965) . 
(F) Model of EVSE. 
(2) Listing of retired, decommissioned, or removed EVSE in California during 
the reporting period: 
(A) Station ID . 
(B) Station Name . 
(C) EVSE ID or serial number . 
(D) Station Address . 
(E) Geographic coordinates of the station (e.g. , Latitude: 50.770774 , 
Longitude: - 126.104965). 
(F) Model of EVSE . 
(j) Annual EVSE payment information for EVSE installed in California that require 
payment . The annual EVSE payment report filed by the EVSP shall include all 
of the following information, reported in statewide aggregated number s: 
(1) Total number of charging sessions started with a credit card . 
(2) Total number of charging sessions started with a mobile payment . 
(3) Total number of charging sessions started with a toll -free number . 
(4) Total number of charging sessions started with a membership RFID card. 
(5) Total number of charging sessions started with a service provider 
application . 
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 (6) Total number of charging sessions with other methods of payment , 
including sessions that did not require payment . 
(k) Reporting to the National Renewable Energy Laboratory (NREL) Alternative 
Fuels Data Center (AFDC) : 
(1) No later than six months after July 1, 2020 , and thereafter at least once 
per month if there are any changes , each EVSP shall report to NREL in 
accordance with this subsection. 
(2) For any EVSE decommissioned since the last report, the EVSP shall report the date the EVSE was decommissioned. For any EVSE no longer operated by the EVSP since the last report, the EVSP shall report the date 
the EVSP ceased operating the EVS E. 
(3) The EVSP shall ensure that its data reported to NREL match es 
corresponding data reported to the Executive Officer in its annual EVSE inventory and usage information report. 
(4) The data reported by the EVSP shall include all of the following, broken 
down per publicly available EVSE operated by the EVSP in California : 
(A) Station ID . 
(B) Station Name . 
(C) Phone number to call if a user has problems at the station. 
(D) Access type (e.g., private, private – government only, private – 
residential, public, public – limited hours, public – call-ahead, public – 
card key at all times, public – credit card at all times (no membership 
requirement) ). 
(E) Access Days/Time s – hours of public operation for the station. 
(F) Station Type – Primary customer the station is intended to serve 
(e.g., multi- unit dwelling , workplace, fleet, transportation network 
company , public) . 
(G) Payment Methods – list of payment methods accepted at the station . 
(H) Payment Actions – list of how a user pays with their payment method 
at the station . 
(I) Geographic coordinates of the station (e.g., Latitude: 50.770774, Longitude: -126.104965). 
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 (J) Network – the network service provider (EVSP) of the station. 
(K) Pricing information (e.g., $/kWh (kilowatt -hour) , $/MJ (megajoule) , 
demand response, variable, non- member fee, parking fee) . 
(L) Open Date – date station was first in service. 
(M) Address – Country, State, Postal Code, City, Street Address, 
Directions . 
(N) EVSE ID – a unique identifier for the EVSE within the network 
provided by the EVSP . 
(O) Geographic coordinates of the EVSE (e.g., Latitude: 50.770774, 
Longitude: -126.104965) . 
(P) Manufacturer of EVSE . 
(Q) Model of EVSE . 
(R) Serial Number of EVSE . 
(S) Power Sharing capabilities of EVSE -if this EVSE has multiple ports 
does it distribute power among all ports in use. 
(T) Port ID – a unique identifier for each port, unique within the context of 
the EVSP servicing the EVSE . 
(U) Level – classification of the port which indicates the rate of the 
battery refuel (e.g., AC Level 2 (3.3kW – 22kW) , DC Fast (23kW+) ). 
(V) Connectors – connector types available at the EVSE to connect to 
the vehicle (e. g., SAE J1772, J1772 Combo, CHAdeMO) . 
(l) Confidential business information. If the EVSP believes any information 
required to be reported under this section is confidential business information, the EVSP shall prominently label the specific information considered to be confidential, and shall include an explanation for why the EVSP believes the identified information is confidential. All documents (including spreadsheets and other items not in a standard document format) designated as containing confidential business information also must prominently display the phrase “Contains Confidential Business Information” above the main docum ent title 
and in a running header. All information reported and not identified as confidential business information is subject to public disclosure pursuant to California Code of Regulations, title 17, sections 91000 through 91022, and the California Publi c Records Act ( Gov. Code, § 6250 et seq.). The Board may also 
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   disclose information claimed by the applicant to be confidential as required by law. 
(m) The EVSP shall submit the initial EVSP contact information , EVSE model 
certification, annual EVSE inventory and usage information, as well as any 
subsequent updates to that information, electronically via email to 
EVSE@arb.ca.gov, unless the Executive Officer has approved in writing 
another format . 
NOTE: Authority cited: Sections 39600, 39601 and 44268.2, Health and Safety Code. 
Reference: Section s 44268 and 44268.2, Health and Safety Code. 
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        § 2360. 5. Civil Penalty Schedule . 
(a) An EVSP cited for any violation of section 2360.1 is subject to a $300 penalty if 
the EVSP submits a demonstration of correction and pays the assessed 
penalty within 45 days of personal or certified mail receipt of the citation. 
(b) An EVSP cited for any violation of section 2360. 2 is subject to a $600 penalty if 
the EVSP submits a demonstration of correction and pays the assessed penalty within 45 days of personal or certified mail receipt of the citation. 
(c) An EVSP cited for any violation of section 2360.4 is subject to a $600 penalty if the EVSP submits a demonstration of correction and pays the assessed 
penalty within 45 days of personal or certified mail receipt of the citation. 
(d) An EVSP cited for any violation of section 2360.3 is subject to a $1, 000 penalty 
if the EVSP submits a demonstration of correction and pays the assessed penalty within 45 days of personal or certified mail receipt of the citation. 
(e) If an EVSP cited for any violation of this chapter fails to correct the cited 
violation within 45 days of personal or certified mail receipt of the citation , that 
EVSP is subject to an additional penalty of $1, 000 per 45-day period that 
elapses before the cited violation is corrected, up to a maximum of $37,500. 
(f) The penalties in this section apply per EVSE or per kiosk, as applicable. 
(g) The Executive Officer shall annually adjust all penalties specified in this section for inflation based on the California Consumer Price Index, beginning July 1, 2021. 
NOTE: Authority cited: Section s 39600, 39601 and 44268.2 , Health and Safety Code. 
Reference: Section s 43016, 44268 and 44268.2, Health and Safety Code. 
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