New Exemption for EV Charging and Hydrogen Fueling Added to California Subdivision Map Act

On September 25, 2024, the Governor of California signed Senate Bill 347 into law, introducing a new exemption to the California Subdivision Map Act[1] (the “Act”) specifically for EV charging and hydrogen fueling leases (the “Exemption”). Generally speaking, the Act prohibits the transfer of any portion of a legal parcel, including through leases, without a formal legal subdivision. The Exemption offers clarity and reassurance to developers of EV charging and hydrogen fueling projects by confirming that such leases are compliant with the Act, as long as the associated project is subject to discretionary review by the local government. Whether any EV charging or hydrogen fueling project is subject to discretionary review is dependent on the jurisdiction and the permits required.