California Air Resources Board

Everyone should be able to use electric vehicle charging stations in a secure and reliable way.  In 2013, the Legislature directed CARB to implement this principle through a regulation on electric vehicle charging stations, standardizing aspects of their operation and payment methods they accept. CARB’s regulation, adopted in 2019, requires a commonly used payment method to be available, and includes a host of requirements enhancing access and transparency. To reduce barriers to access and ensure consumers have a familiar way to utilize charging, the regulation makes sure stations accept a range of payment technologies – requiring that they take the traditional chip-enabled cards that are the most widely available today, while allowing for newer contact-less technologies. CARB continues to assess the evolution of payment methods and will modify the regulation over time as warranted.

This document summarizes the Electric Vehicle Supply Equipment (EVSE or EV Charging Station) Standards Regulation that guides these efforts and addresses frequently asked questions on the program.

Senate Bill 454 Electric Vehicle Charging Stations Open Access Act (Corbett, Chapter 418, Statutes of 2013)

The goal of the bill is to increase access to public charging stations to the greatest number of drivers. Under the bill:

• Drivers shall not be required to pay a subscription fee or become a member to use a charging station;
• Drivers shall have the choice to pay with credit card or mobile pay or both;
• All fees associated with a charging session shall be disclosed at point of sale;
• Station locations must be reported to the Alternative Fuels Data Center (U.S. Department of Energy); and
• CARB may adopt an interoperable billing standard to facilitate driver roaming between networks.

Major Elements of the EVSE Standards Regulation

Adopted by the Board in June 2019, the regulation:

• Enables drivers to more readily locate public EVSE by requiring station location information reporting to the federal Alternative Fuel Data Center (a database used by providers of EVSE map and location services);
• Increases transparency and consumer choice by requiring on-site pricing disclosure before a driver uses the charger;
• Ensures more universal charging access by requiring public EVSE to accept payment using chip-enabled credit cards, which are the most ubiquitous form of credit card payment currently, while also requiring contactless payment for mobile payment methods;
• Helps drivers understand how fast their battery may be charged by a public EVSE by requiring the display of federal standardized power information; and
• Facilitates a driver’s ability to access multiple electric vehicle service provider (EVSP) networks by requiring an interoperable billing standard on networked stations.

In summary, the consumer benefits include familiar and ubiquitous payment methods including credit card payment using a form that nearly all credit card holders have, clear pricing information, and uniform station location information.  Details of the regulation requirements and compliance dates are provided at the end of this document.

2022 Technology Review (not directed by the regulation or statute)

In April 2022, staff presented the Technology Review to the Board.

Process for Adopting Regulation and Potential Future Amendments

The current regulation was developed over several years with extensive stakeholder input, technology readiness assessments, and policy considerations, consistent with the requirements of the Administrative Procedures Act (APA). Stakeholder input included two industry forums, two public workshops, a public webinar, and numerous individual stakeholder meetings. A major economic impact assessment was reviewed and approved by the Department of Finance, followed by a formal public comment period of the staff regulatory proposal before the Board hearing in June 2019.

The Executive Officer cannot make regulatory changes without Board approval. Any modifications to the current regulation must follow the same APA requirements as the original rulemaking including a public engagement and comment process. 

Answers to Frequently Asked Questions

Are EMV chip credit cards as secure as contactless credit cards? 

EMV (which stands for Europay, Mastercard and Visa specifications) chip cards are as secure as contactless cards because they both use the same security standards for transactions. Every chip and contactless transaction uses a one-time use cryptographic code that prevents counterfeit fraud. Whether you’re using a tap-to-pay card or inserting your EMV chip card, the sensitive information sent is encrypted. A unique, one-time-use code is created for the transaction instead of sending your name, billing address, CVV code, or zip code. This is called “tokenization.” So, even if a thief intercepted your contactless or chip transaction, they couldn’t use that to replicate your card. Major cities operating curbside parking meters, which like chargers, are also unstaffed, with EMV chip technology have indicated low to non-existent credit card fraud or theft

Which payment technology is required and allowed?

The regulation requires, both EMV chip and contactless mobile payment hardware on the EVSE. The requirement for chip technology is to ensure chargers can be used by the largest number of electric vehicle (EV) drivers possible knowing that for the near-term, contactless technology will not be on all credit and debit cards.  “Access for all” was the foundation of SB 454 (Corbett). It was a principle strongly endorsed by the Board and represents an important equity policy action. Furthermore, while contactless may become more ubiquitous in 2030, the regulation is intended to provide for widespread access starting in 2022 and contactless forms of payment are not as ubiquitous as the chip. CARB recognizes that credit card technologies will evolve over time and has therefore committed to monitor the industry.

Furthermore, in consideration of industry practices and avoiding unnecessary burdens on EVSPs, the regulation does not require magnetic swipe credit card payment mechanisms. Despite the fact that magnetic swipe is still used in retail settings, staff believe that the minimum requirements for chip were sufficient to ensure access, along with any additional, newer technology that providers may wish to add to their chargers.

Are EVSE providers ready for chip technology?

Yes. Many EVSE units have chip and tap already. The industry has had several years to design their EVSE to meet the requirements of the regulation.

What are the required rollout dates in the regulation?

Details are listed at the end of this document, but new installations must have the required credit card technology by Jan 1, 2022, for public direct current fast charging (DCFC) and July 1, 2023, for public Level 2 chargers. Existing installations must be retrofitted by July 1, 2033. The decision to adopt compliance dates for retrofits that are far into the future was because the Board recognizes the cost burden on existing EVSE owners.  As a result, overall costs for compliance will be spread out over a longer period of time, reducing the cost impact on expanding the network.

What are the costs of credit card payment systems?

Staff cost estimates were based on hardware accommodating both EMV chip and contactless payments. CARB’s economic impact report estimated the cumulative direct costs to be $115 million over 10 years for the whole regulation. CARB staff contacted EVSPs for data on specific costs to install and maintain credit card payment systems. Upfront costs for EMV chips are estimated at $371 per EVSE on average, with ongoing annual maintenance of $270 per EVSE per year.

Did the author support the regulation?

Yes. The lead author of SB 454, Senator Corbett, personally testified at the CARB board hearing when the regulation was proposed and adopted. Her comments endorsed the principle of maximizing access to a wide amount of EV drivers.  

Specific Regulation Requirements

Payment methods

• Minimum payment hardware technology of Euro MasterCard Visa (EMV) chip reader for credit cards and near field communications (NFC) reader for mobile payments
  • Contactless payment is enabled by NFC reader
  • EMV chip enabled payment is available on prepaid debit cards
  • Contactless payment is not yet available on prepaid debit cards
• Must display a toll-free number for payment processing
• Must comply with industry data security standards (PCI – DSS Level 1)
• Must be installed on individual EVSE or kiosk
• New EVSE installation compliance dates
  • DCFC January 1, 2022
  • Level 2 July 1, 2023
• Existing EVSE compliance dates, upon turnover or upgrade, but no later than:
  • DCFC July 1, 2033
  • Level 2 July 1, 2033

Roaming standards

• California Open Charge Point Interface Test Procedures must be installed by July 1, 2021
• Codifies Open Charge Point Interface 2.1.1, an open source communication protocol widely used in Europe and accepted by industry stakeholders

Display of fees

• Fees associated with EVSE use (parking fee, non-member fee, fueling fee in $/kWh or $/MJ) must be displayed at the point of sale
• Compliance dates
  • DCFC January 1, 2022
  • Level 2 July 1, 2023

Labeling

• A label indicating fuel dispensed in accordance with Part 309, Title 16 Code of Federal Regulations must be installed
  • Indicates fuel dispensed, rate and amperage, and manner (conductive or inductive)
• Compliance dates
  • DCFC January 1, 2022
  • Level 2 July 1, 2023

Reporting

• Station location reporting to Alternative Fuel Data Center (U.S. DOE) (January 1, 2021)
• Initial inventory information to CARB (August 15, 2020)
• EVSE model certification information to CARB before new models installed
• Annual inventory reporting to CARB (beginning March 1, 2022)
  • New, retired, decommissioned EVSE
  • Payment data on sessions started with credit card, NFC, toll free number, membership card, EVSP mobile app, or other payment methods including no payment

Penalties

• Civil penalties assessed for noncompliance ($300 to $600 per EVSE or EVSP)