CT
Connecticut House Bill HB05226

Connecticut 2020 Regular Session

Connecticut House Bill HB05226 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 5226
66 February Session, 2020
77 LCO No. 1647
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1010 Referred to Committee on ENERGY AND TECHNOLOGY
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1919 AN ACT CONCERNING EL ECTRIC VEHICLE CHARG ING STATIONS.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. (NEW) (Effective October 1, 2020) (a) As used in this section: 1
2424 (1) "Association" means any association of homeowners, community 2
2525 association, condominium association, cooperative, common interest 3
2626 associations or nongovernmental entity with covenants, bylaws and 4
2727 administrative provisions with which a homeowner's compliance is 5
2828 required. "Association" includes an association of unit owners, as 6
2929 defined in section 47-68a of the general statutes, and a common interest 7
3030 community, as defined in section 47-202 of the general statutes; 8
3131 (2) "Electric vehicle charging station" means an electric component 9
3232 assembly or cluster of component assemblies designed specifically to 10
3333 charge batteries within electric vehicles by permitting the transfer of 11
3434 electric energy to a battery or other storage device in the electric vehicle. 12
3535 "Electric vehicle charging station" includes any associated metering 13
3636 equipment; and 14
3737 (3) "Reasonable restrictions" means a restriction that does not 15 Raised Bill No. 5226
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4343 significantly increase the cost of the station or significantly decrease its 16
4444 efficiency or specified performance. 17
4545 (b) Any covenant, restriction or condition contained within any deed, 18
4646 contract, security instrument or other instrument affecting the transfer 19
4747 or sale of any interest in a property, or any bylaw or other instrument 20
4848 that governs the creation or operation of an association, that either 21
4949 prohibits or unreasonably restricts the installation or use of an electric 22
5050 vehicle charging station within an owner's unit or in a designated 23
5151 parking space, including, but not limited to, a deeded parking space, a 24
5252 parking space in a unit owner's exclusive use common element or a 25
5353 parking space that is specifically designated for use by a particular unit 26
5454 owner, or otherwise is in conflict with the provisions of this section, shall 27
5555 be void and unenforceable. 28
5656 (c) This section may not apply to bylaws that impose reasonable 29
5757 restrictions on electric vehicle charging stations. 30
5858 (d) An electric vehicle charging station shall meet all applicable 31
5959 health and safety standards and requirements imposed by applicable 32
6060 federal, state or municipal law. 33
6161 (e) If an association requires a unit owner to submit an application for 34
6262 approval to install an electric vehicle charging station, the association 35
6363 shall process and approve the application in the same manner as an 36
6464 application for approval of an architectural modification to the 37
6565 property. The approval or denial of the application shall be in writing 38
6666 and shall be issued not later than sixty days after the date of receipt of 39
6767 the application. If an application is not denied in writing within such 40
6868 sixty-day period, the application shall be deemed approved, unless the 41
6969 association reasonably requests additional information within sixty 42
7070 days from the date of receipt of the application. 43
7171 (f) If a unit owner seeks to install an electric vehicle charging station, 44
7272 the following provisions shall apply: 45
7373 (1) The unit owner shall obtain approval from the association to 46 Raised Bill No. 5226
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7979 install the electric vehicle charging station and the association shall 47
8080 approve the installation if the owner agrees in writing to do the 48
8181 following: (A) Comply with the association's architectural standards for 49
8282 the installation of the electric vehicle charging station; (B) engage a 50
8383 licensed contractor to install the electric vehicle charging station; (C) if 51
8484 the proposed electric vehicle charging station is located within a 52
8585 common element, provide a certificate of insurance, within fourteen 53
8686 days of approval, that names the association as a named additional 54
8787 insured under the owner's insurance policy pursuant to subdivision (3) 55
8888 of subsection (f) of this section; (D) pay for the costs associated with the 56
8989 installation of the electric vehicle charging station; and (E) pay the 57
9090 electricity usage costs associated with the electric vehicle charging 58
9191 station. 59
9292 (2) The unit owner, and each successive owner, of the electric vehicle 60
9393 charging station shall be responsible for all of the following: (A) Costs 61
9494 for damage to the electric vehicle charging station, common elements or 62
9595 separate units resulting from the installation, maintenance, repair, 63
9696 removal or replacement of the electric vehicle charging station; (B) costs 64
9797 for the maintenance, repair and replacement of the electric vehicle 65
9898 charging station until it has been removed; (C) costs for the restoration 66
9999 of the electric vehicle charging station after it is removed; (D) costs of 67
100100 electricity associated with the electric vehicle charging station; and (E) 68
101101 disclosing to prospective buyers (i) the existence of the electric vehicle 69
102102 charging station, and (ii) the associated responsibilities of the unit owner 70
103103 under this section. 71
104104 (3) The unit owner of the electric vehicle charging station, whether 72
105105 located within a separate unit, within the common element or exclusive 73
106106 use common element, shall, at all times, maintain a liability coverage 74
107107 policy. The owner shall provide the association with the corresponding 75
108108 certificate of insurance not later than fourteen days after approval of the 76
109109 application. The owner, and each successor owner, shall provide the 77
110110 association with the certificate of insurance annually thereafter. 78
111111 (4) A unit owner shall not be required to maintain a liability coverage 79 Raised Bill No. 5226
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117117 policy for an existing national electrical manufacturers association 80
118118 standard alternating current power plug. 81
119119 (g) Except as provided in subsection (h) of this section, installation of 82
120120 an electric vehicle charging station for the exclusive use of a unit owner 83
121121 in a common element, that is not an exclusive use common element, 84
122122 shall be authorized by the association only if installation in the unit 85
123123 owner's designated parking space is impossible or unreasonably 86
124124 expensive. In such cases, the association shall enter into a license 87
125125 agreement with the owner for the use of the space in a common area and 88
126126 the owner shall comply with all requirements described in subsection 89
127127 (f) of this section. 90
128128 (h) An association may install an electric vehicle charging station in 91
129129 the common element for the use of all members of the association. For 92
130130 any such electric vehicle charging station, the association shall develop 93
131131 appropriate terms of use for the electric vehicle charging station. 94
132132 (i) An association may create a new parking space where one did not 95
133133 previously exist to facilitate the installation of an electric vehicle 96
134134 charging station. 97
135135 (j) An association may require the unit owner to have the electric 98
136136 vehicle charging station removed prior to the unit owner's sale of the 99
137137 property unless the prospective purchaser of the property agrees to take 100
138138 ownership of the electric vehicle charging station. 101
139139 (k) An association that knowingly violates this section shall pay a 102
140140 civil penalty to the applicant or other party of not more than one 103
141141 thousand dollars. 104
142142 (l) In any action by a unit owner seeking to enforce compliance with 105
143143 this section, the prevailing unit owner shall be awarded reasonable 106
144144 attorney's fees. 107
145145 Sec. 2. (NEW) (Effective October 1, 2020) (a) As used in this section: 108
146146 (1) "Dedicated parking space" means a parking space located within 109 Raised Bill No. 5226
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152152 a lessee's separate interest or a parking spot that is in a common area, 110
153153 but subject to exclusive use rights of an individual lessee, including, but 111
154154 not limited to, a garage space, carport or parking space that is 112
155155 specifically designated for use by a particular lessee; 113
156156 (2) "Dwelling unit" has the same meaning as provided in section 47a-114
157157 1 of the general statutes; 115
158158 (3) "Electric vehicle charging station" means an electric component 116
159159 assembly or cluster of component assemblies designed specifically to 117
160160 charge batteries within electric vehicles by permitting the transfer of 118
161161 electric energy to a battery or other storage device in an electric vehicle. 119
162162 "Electric vehicle charging station" includes any associated metering 120
163163 equipment; 121
164164 (4) "Landlord" has the same meaning as provided in section 47a-1 of 122
165165 the general statutes; 123
166166 (5) "Rent" has the same meaning as provided in section 47a-1 of the 124
167167 general statutes; 125
168168 (6) "Rental agreement" has the same meaning as provided in section 126
169169 47a-1 of the general statutes; and 127
170170 (7) "Tenant" has the same meaning as provided in section 47a-1 of the 128
171171 general statutes. 129
172172 (b) Notwithstanding any provision in the rental agreement to the 130
173173 contrary, for any rental agreement executed, extended or renewed on 131
174174 and after October 1, 2020, a landlord of a dwelling unit shall approve a 132
175175 tenant's written request to install an electric vehicle charging station at 133
176176 a dedicated parking space for the tenant that meets the requirements of 134
177177 this section and section 1 of this act and complies with the landlord's 135
178178 procedural approval process for modification to the property. 136
179179 (c) This section does not apply to residential rental properties where: 137
180180 (1) Electric vehicle charging stations already exist for a tenant in a 138 Raised Bill No. 5226
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186186 ratio that is equal to or greater than ten per cent of the designated 139
187187 parking spaces; 140
188188 (2) Parking is not provided as part of the rental agreement; or 141
189189 (3) There are less than five parking spaces. 142
190190 (d) A landlord may not be obligated to provide an additional parking 143
191191 space to a tenant in order to accommodate an electric vehicle charging 144
192192 station. 145
193193 (e) If the electric vehicle charging station has the effect of providing 146
194194 the tenant with a reserved parking space, the landlord may charge a 147
195195 monthly rental amount for that parking space. 148
196196 (f) An electric vehicle charging station, and all modifications and 149
197197 improvements to the property, shall comply with federal, state and 150
198198 municipal law, and all applicable zoning requirements, land use 151
199199 requirements, and covenants, conditions and restrictions. 152
200200 (g) A tenant's written request to modify the rental property in order 153
201201 to install an electric vehicle charging station shall indicate his or her 154
202202 consent to enter into a written agreement that includes, but is not limited 155
203203 to, the following: 156
204204 (1) Compliance with the landlord's requirements for the installation, 157
205205 use, maintenance and removal of the electric vehicle charging station 158
206206 and its infrastructure; 159
207207 (2) Compliance with the landlord's requirements for the tenant to 160
208208 provide a complete financial analysis and scope of work regarding the 161
209209 installation of the electric vehicle charging station and its infrastructure; 162
210210 (3) Compliance with the landlord's requirements to pay the landlord 163
211211 any costs associated with the landlord's installation of the electric 164
212212 vehicle charging station and its infrastructure prior to any modification 165
213213 or improvement to the rental property. The costs associated with 166
214214 modifications and improvements include, but are not limited to, the cost 167 Raised Bill No. 5226
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220220 of permits, supervision, construction and, solely if required by the 168
221221 contractor and consistent with its past performance of work for the 169
222222 landlord, performance bonds; 170
223223 (4) Compliance with the landlord's requirements to pay, as part of the 171
224224 tenant's rent, any costs associated with the electrical usage of the electric 172
225225 vehicle charging station, and costs for damage, maintenance, repair, 173
226226 removal and replacement of the electric vehicle charging station, 174
227227 including such modifications or improvements made to the rental 175
228228 property associated with the electric vehicle charging station; and 176
229229 (5) Compliance with the landlord's requirements to maintain a 177
230230 general liability insurance policy and name the landlord as a named 178
231231 additional insured under the policy commencing with the date of 179
232232 approval for construction until the tenant forfeits possession of the 180
233233 dwelling unit to the landlord. 181
234234 This act shall take effect as follows and shall amend the following
235235 sections:
236236
237237 Section 1 October 1, 2020 New section
238238 Sec. 2 October 1, 2020 New section
239239
240240 Statement of Purpose:
241241 To (1) make void and unenforceable any covenant, restriction or
242242 condition in any deed, contract, security instrument or other instrument
243243 affecting the transfer or sale of property which prohibits or
244244 unreasonably restricts the installation or use of an electric vehicle
245245 charging station, (2) establish conditions to which a unit owner must
246246 agree in order to obtain approval for installation of an electric vehicle
247247 charging station, and (3) permit tenants to request installation of electric
248248 vehicle charging stations, subject to compliance with a landlord's
249249 requirements.
250250 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
251251 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
252252 underlined.]
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