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AB 2748: Temporarily exempts affordable housing from 2025 EV receptacle rules

Grants 2025–2035 permit-window affordable housing projects relief from 2025 Green Building Standards by requiring the 2022 EV receptacle standard instead — a targeted cost-cutting measure with a 2037 sunset.

The Brief

AB 2748 creates a temporary, targeted rule for affordable housing projects in California: any new or existing development that is 100% income-restricted (excluding manager units) and files a permit application between January 1, 2025, and December 31, 2035 is exempt from the 2025 California Green Building Standards Code requirement to install low power Level 2 or higher EV charging receptacles. Those qualifying projects must instead meet the EV receptacle requirements in the 2022 edition of the Green Building Standards Code.

The statute defines “affordable housing development” by deed or regulatory restriction (or comparable subsidy agreement), applies the exemption to state and local equivalents of the 2025 requirement, and sunsets the rule on January 1, 2037. The bill also includes legislative findings that the measure is statewide in scope and contains provisions about state-mandated local costs and reimbursement.

At a Glance

What It Does

The bill exempts qualifying affordable housing projects (permit window 1/1/2025–12/31/2035) from Section 4.106.4.2.2 of the 2025 California Green Building Standards Code and any equivalent local or state standard, and requires those projects to comply with the 2022 edition’s low power Level 2-plus receptacle requirements instead.

Who It Affects

Primary targets are developers and owners of 100% income‑restricted affordable housing projects (manager units excepted), local building departments charged with permit review and enforcement, contractors installing EV infrastructure, and agencies that fund or underwrite affordable housing construction.

Why It Matters

The change reduces near‑term EV charging equipment and installation obligations for affordable housing projects, lowering upfront construction costs and affecting project budgets, financing, and construction schedules while temporarily slowing the built-in EV readiness of the affordable housing stock.

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What This Bill Actually Does

AB 2748 changes which EV‑ready wiring and receptacle standards apply to certain affordable housing projects by using the date a permit application is submitted as the controlling trigger. If a project that is fully income‑restricted (as defined in the statute) files for a building permit any time from January 1, 2025, through December 31, 2035, the developer does not have to follow the low power Level 2 or higher receptacle requirements that appear in the 2025 California Green Building Standards Code (Section 4.106.4.2.2) or any equivalent state or local rule.

Instead, the project must meet whatever the 2022 edition required for low power Level 2 or higher receptacles.

The exemption covers both new construction and alterations to existing affordable housing developments that meet the statutory definition. That definition requires that 100 percent of the units (other than managers’ units) be deed‑restricted, subject to a governmental regulatory agreement, or otherwise covered by recorded documents or subsidy agreements that make them affordable per Section 50093 (or comparable federal definitions).

The practical effect is a narrow carve‑out: projects that can document full affordability for the required units qualify; mixed‑income projects do not.The bill explicitly applies to local rules that are equivalent to the 2025 receptacle requirement, so jurisdictions that adopt standards mirroring the 2025 code cannot impose the newer standard on qualifying projects. The change is temporary: the provision automatically expires on January 1, 2037.

Finally, the bill includes findings asserting statewide concern and contains standard language about state‑mandated local costs and the limited no‑reimbursement clause tied to criminal penalties and infractions.

The Five Things You Need to Know

1

The exemption applies only to permit applications submitted between January 1, 2025, and December 31, 2035 — the permit filing date determines eligibility.

2

AB 2748 specifically exempts qualifying projects from Section 4.106.4.2.2 of the 2025 California Green Building Standards Code and any equivalent state or local requirements.

3

Qualifying projects must comply with the EV receptacle installation requirements in the 2022 edition of the California Green Building Standards Code instead of the 2025 edition.

4

"Affordable housing development" means projects with 100% of units (excluding manager units) restricted by deed, regulatory agreement, or recorded subsidy instrument, tied to Section 50093 or comparable federal definitions.

5

The statute sunsets on January 1, 2037, and includes a legislative finding that the change is a matter of statewide concern and language addressing state‑mandated local costs.

Section-by-Section Breakdown

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Section 17929.1(a)(1)

Exemption from 2025 EV receptacle requirements

This subsection creates the core exemption: qualifying affordable housing developments are not subject to the specific low power Level 2 or higher receptacle requirement located at Section 4.106.4.2.2 of the 2025 California Green Building Standards Code. It also sweeps in any state or local standard that is the "equivalent," which prevents local governments from enforcing a mirror of the 2025 requirement against these projects. Practically, permit reviewers must check qualification against the statutory affordability definition rather than automatically applying 2025-era receptacle mandates.

Section 17929.1(a)(2)

Requirement to follow 2022 receptacle standard instead

This subsection substitutes the 2022 edition’s applicable low power Level 2 (or higher) receptacle requirements for qualifying projects. That means wiring, outlet counts, spacing, or other installation requirements revert to the 2022 technical standard; projects must be designed and permitted to that standard even though a newer standard exists. For procurement and construction teams, this directly affects specification sheets, contractor bids, and budget line items tied to EV infrastructure.

Section 17929.1(b)

Definition of 'affordable housing development'

The bill defines eligibility narrowly: 100% of residential units (manager units excluded) must be restricted as affordable by deed, regulatory restriction, recorded document, or subject to subsidy agreements that tie affordability to Section 50093 or comparable federal standards. This textual test will be applied at permit review and can require recorded documents or regulatory agreements as evidence; mixed‑income buildings and partial affordability projects are excluded under this definition.

2 more sections
Section 17929.1(c)

Sunset (repeal) date

The statute contains an automatic repeal: the entire Section 17929.1 remains in effect only until January 1, 2037. That creates a clear end date for the temporary standard and obliges agencies and developers to plan for post‑2037 compliance scenarios or future code updates that may change the baseline for EV infrastructure.

Sections 2–3

Statewide finding and state‑mandate language

Section 2 declares that reducing costs in affordable housing construction is a statewide concern and confirms the bill applies to all cities, including charter cities. Section 3 addresses reimbursement: it asserts no reimbursement is required under Article XIII B for costs linked to crimes or infractions, but it also preserves the usual process if the Commission on State Mandates finds other reimbursable costs. These provisions affect how local agencies will assess whether the bill imposes new, compensable obligations.

At scale

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Who Benefits and Who Bears the Cost

Every bill creates winners and losers. Here's who stands to gain and who bears the cost.

Who Benefits

  • Developers and owners of 100%‑restricted affordable housing projects — they avoid the potentially higher equipment and installation costs tied to the 2025 receptacle standard and gain clearer cost predictability for projects permitted within the window.
  • Affordable housing financiers and tax credit syndicators — lower upfront hard costs improve project pro formas, which can ease financing gaps or improve feasibility for marginal projects.
  • Construction contractors and specification teams working on qualifying projects — they can bid to a known, older technical standard (2022), reducing immediate retooling of plans and purchase orders.

Who Bears the Cost

  • EV equipment manufacturers and installers — reduced immediate demand for Level 2+ receptacles and associated wiring on qualifying projects could depress short‑term sales in the affordable housing sector.
  • Residents and prospective tenants of affordable housing — the stock permitted under the exemption may have less built‑in EV charging capacity, delaying access to on‑site charging for lower‑income households.
  • State and local agencies tracking EV readiness and GHG reduction metrics — the exemption shifts electrification timelines and complicates statewide planning and equity goals tied to Title 24 and transportation electrification targets.
  • Local building departments — they gain an eligibility‑screening task (verifying 100% affordability) and potential administrative work resolving disputes or processing evidence of regulatory restrictions; that workload may be uncompensated if the Commission does not find reimbursable costs.

Key Issues

The Core Tension

The central tension is between lowering near‑term construction costs to preserve and expand deeply affordable housing and the state’s longer‑term goal of building an EV‑ready housing stock that advances equity and decarbonization; the bill solves the affordability problem in the short run but delays the built‑in charging capacity that supports equitable access to electrified transportation.

The bill trades upfront construction cost reductions for slower near‑term adoption of EV‑ready infrastructure in the affordable housing stock. That raises practical and policy questions: will residents without on‑site charging face higher barriers to EV ownership, and how will local and state agencies account for a cohort of housing built to an older standard when measuring progress toward electrification and emissions targets?

The statute’s reliance on permit application date creates an incentive to file early; developers could file placeholder permits to lock in the 2022 standard, producing administrative disputes about bona fide project progress and potential gaming of the eligibility window.

Implementation will also hinge on document standards and local practice. The affordability test requires recorded restrictions or subsidy agreements; jurisdictions will need uniform checklists and training for plan reviewers to avoid inconsistent application.

The bill’s language that exempts projects from any "equivalent" local or state standard prevents jurisdictions from imposing parallel requirements, but it leaves open questions about how to treat hybrid or phased projects, mixed‑income developments, or projects that change ownership after permit filing. Finally, the exemption’s short horizon (sunset 2037) creates a fiscal and technical cliff: projects permitted near the end of the window may face retrofits or different expectations later if future codes change, and funding agreements tied to long‑term affordability may not align neatly with evolving EV infrastructure requirements.

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