Attorney General Bonta Issues Legal Alert Reminding Local Jurisdictions to Streamline Permitting for Electric Vehicle Charging Stations

OAKLAND – California Attorney General Rob Bonta today issued a legal alert reminding local California jurisdictions (localities) of the requirements under State law to streamline and expedite the permitting of electric vehicle (EV) charging stations. In 2015, the California Legislature adopted Assembly Bill (AB) 1236 (Chiu) (codified at Government Code section 65850.7) followed by AB 970 (McCarty) (codified at Government Code section 65850.71) in 2021, which created a state-mandated local program to streamline permits for EV charging stations. With California’s goal of transitioning the state to 100% zero-emission vehicle sales by 2035, widespread deployment of EV charging stations is key to achieving this goal and ensuring that EV charging infrastructure is available to meet growing demand. However, noncompliance with AB 1236 and AB 970 hinders California’s transition to electrification. In today’s legal alert, Attorney General Bonta highlights common compliance issues occurring statewide, as well as resources for localities to address these issues.

“The global fight against climate change requires bold action and system solutions. Deploying electric vehicle charging infrastructure is a step in the right direction, empowering communities to transition to clean energy and reduce air pollution and greenhouse gas emissions, and in California, we have state laws that do just that,” said Attorney General Bonta. “With today’s alert, we are reminding localities that they must comply with state law in streamlining the permitting of this infrastructure, as well as removing unreasonable barriers that prevent deployment statewide, which will improve air quality and mitigate climate impacts for generations to come.”  

Requirements Under EV Charging Streamlining Laws

Below are key legal requirements covered by the legal alert. 

• Localities Must Approve EV Charging Stations Ministerially. Localities must approve an EV charging station permit application unless the locality finds, based on substantial evidence, that the charging station would have a “specific, adverse impact upon public health or safety.”
• Streamlining Laws Supersede Local Zoning Codes and Cover All Installation Types. Localities must ministerially approve EV charging permit applications regardless of siting location and local zoning regulations, and regardless of the type or size of the proposed installation.
• Accelerated Permitting Timelines. Applications are deemed complete either 5 or 10 business days after submission depending on the number of EV charging stations proposed. Upon completion, localities have 20 or 40 business days to approve the complete permit application, depending on the number of chargers.
• Local Ordinance Requirements. Localities must adopt ordinances that create an expedited and streamlined permitting process for EV charging stations.

RESOURCES

For localities seeking additional guidance or support, resources include:

• California Building Officials, “AB 1236 Tool Kit: Electric Vehicle Charging Stations Ordinances and Staff Report Templates – Small Jurisdictions.”

• California Building Officials, “AB 1236 Tool Kit: Electric Vehicle Charging Stations Ordinances and Staff Report Templates – Large Jurisdictions.”
• Governor’s Office of Business and Economic Development (GO-Biz), “CA Electric Vehicle Charging Station Permit Streamlining Map.”
• GO-Biz, “Plug-In Vehicle Readiness.”
• GO-Biz, “Permitting Electric Vehicle Charging Stations Scorecard.”
• GO-Biz, “Electric Vehicle Charging Station Permitting Guidebook” (2d Ed.) (Jan. 2023).
• UC Berkeley Center for Law, Energy, & the Environment, “Equitable EV Action Plan Framework” (Dec. 2024).
• UC Berkeley Center for Law, Energy, & the Environment, “EV Equity Roadmap.”

A copy of the alert is available here.