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INCENTIVES & POLICY

SDG&E's EV Charging Infrastructure Rule Could Stay Closed After an October 29 CPUC Vote. What South Orange County and San Diego Site Owners Should Do Now

October 26, 2026 · Burge Energy · 5 min read

The California Public Utilities Commission (CPUC) could vote as early as Thursday, October 29, 2026, on a proposed decision that would deny a request to lift the funding cap on SDG&E's EV charging infrastructure rule, known as Electric Rule 45. If commissioners adopt it, the utility-built path for SDG&E EV charging infrastructure at commercial sites stays closed to new applications. That matters for any business, property owner, or fleet planning chargers in SDG&E territory, which spans San Diego County and southern Orange County.

SDG&E EV charging infrastructure under Rule 45, and why it closed

Rule 45 let SDG&E design, install, own, and maintain the utility-side equipment between its distribution system and the customer's meter for separately metered EV charging at sites other than single-family homes, according to SDG&E's Rule 45 page. The site owner still paid for everything behind the meter: panels, conduit, and the chargers themselves. The same page describes Rule 45 as an alternative to Rule 16, the service extension rule.

The problem was money. In its December 2024 rate case decision (D.24-12-074), the CPUC denied SDG&E's request for an open-ended balancing account and instead capped the Rule 45 memorandum account at $7.58 million, per the proposed decision. SDG&E filed Advice Letter 4705-E on August 22, 2025, to close Rule 45 to new applications and end contracts for projects that had not received a Notice to Proceed, as described in the same proposed decision. SDG&E's own Rule 45 page still states that it "has closed Rule 45 to new applications."

What the CPUC is voting on

On November 25, 2025, a coalition that included NRDC, CALSTART, Tesla, Walmart, the City of San Diego, Electrify America, EVgo, and the Electric Vehicle Charging Association petitioned the CPUC to remove the cap, according to the proposed decision. In a January 30, 2026 filing, the petitioners asked that Rule 45 stay open to all eligible applications through at least the current rate case cycle. SDG&E supported lifting the cap, as reported by CalRegulatory.

The proposed decision, mailed September 25, 2026, would deny the petition. Its reasoning is procedural: the proposed decision finds that the main arguments claimed legal error, which had to be raised in a rehearing application within 30 days of the 2024 decision, and that the other arguments did not show new or changed facts. Status today: proposed, not final. The proposed decision lists the October 29, 2026 business meeting as the earliest possible vote, and it has no legal effect unless the Commission approves it. Stoel Rives' October 21 regulatory update reports the item on the October 29 agenda. Items can be held to a later meeting, so check the outcome before making final plans.

The next chance to reopen it: SDG&E's 2028 rate case

The proposed decision points to a different venue. SDG&E and SoCalGas filed their Test Year 2028 general rate case applications (A.26-06-015 and A.26-06-014) on June 15, 2026, and the proposed decision says the petitioners can seek party status there and try to raise the cap issue, while cautioning that the cap may not be in that case's scope. That process runs on its own schedule, so the proposed decision gives no date for when Rule 45 could reopen. It also notes that any member of the public may submit written comments on the proceeding's docket card.

For site owners, the practical reading is simple. If the decision is adopted, we would not plan a 2026 or 2027 SDG&E project around Rule 45.

What this means for your project

The rule only affects SDG&E territory, which covers San Diego County and southern Orange County, per SDG&E. Sites served by SCE use a separate tariff, Rule 29, under which SCE designs, installs, owns, and maintains the equipment between the distribution connection point and the meter for eligible non-residential sites. Check your bill or ask your utility if you are unsure which one serves your property. Here is how to plan in SDG&E territory while Rule 45 is closed:

  • Plan for Rule 16. SDG&E's Rule 45 page notes that customers may take service under Rule 16, the service extension rule, instead. Ask SDG&E early what utility-side work your site needs and who pays for it, and build that into the budget instead of assuming the utility covers it.
  • Check fleet programs if you run trucks, vans, or buses. SDG&E's Power Your Drive for Fleets program lists options where SDG&E pays for infrastructure up to the meter or up to the charger for qualifying medium- and heavy-duty fleets. A site in that program cannot also use Rule 45, per SDG&E's Rule 45 page. Confirm current availability with SDG&E, since the program page does not post an open or closed status.
  • Start the utility design now if you want state fast charger money. The California Energy Commission's Fast Charge California Project Window 2 offers up to $100,000 per port for chargers rated 275 kW and above (up to $55,000 per port for 150 to 274.99 kW), with applications due by 5:00 p.m. PT on January 14, 2027. Projects must arrive with issued permits and a Final Utility Service Design (or a utility letter saying no new service is needed). Utility design is often the long pole, and Rule 45's closure does not change that requirement.
  • Gather your documents. Site plans, single-line diagrams, expected charger count and power, and a realistic load schedule help SDG&E scope service faster and help you compare paths.
  • Watch the October 29 outcome. If commissioners hold or change the item, the picture could shift. Burge Energy will update this post when the CPUC acts.

How Burge Energy can help

Burge Energy designs and builds commercial EV charging, solar, and battery storage across Orange County and Southern California, for new buildings and existing sites. We screen projects for available incentives, coordinate service requests and design with SDG&E and SCE, and build the behind-the-meter work so your chargers are ready when the utility is. Burge has been building in Southern California since 1977, and we are licensed for solar, storage, and EV charging work. If you are planning chargers in SDG&E territory, request an Energy Assessment and we will map out the utility path, incentive options, and schedule for your site. You can also learn more about Burge Energy and current incentives.

Sources

Incentive eligibility depends on project specifics. Confirm with your tax advisor and the program administrator before relying on any figure here. This article is general information, not legal, tax or financial advice. Facts are current as of October 26, 2026; rules and programs can change.

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