LCO No. 1647 1 of 7
General Assembly Raised Bill No. 5226
February Session, 2020
LCO No. 1647
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING EL ECTRIC VEHICLE CHARG ING STATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2020) (a) As used in this section: 1
(1) "Association" means any association of homeowners, community 2
association, condominium association, cooperative, common interest 3
associations or nongovernmental entity with covenants, bylaws and 4
administrative provisions with which a homeowner's compliance is 5
required. "Association" includes an association of unit owners, as 6
defined in section 47-68a of the general statutes, and a common interest 7
community, as defined in section 47-202 of the general statutes; 8
(2) "Electric vehicle charging station" means an electric component 9
assembly or cluster of component assemblies designed specifically to 10
charge batteries within electric vehicles by permitting the transfer of 11
electric energy to a battery or other storage device in the electric vehicle. 12
"Electric vehicle charging station" includes any associated metering 13
equipment; and 14
(3) "Reasonable restrictions" means a restriction that does not 15 Raised Bill No. 5226
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significantly increase the cost of the station or significantly decrease its 16
efficiency or specified performance. 17
(b) Any covenant, restriction or condition contained within any deed, 18
contract, security instrument or other instrument affecting the transfer 19
or sale of any interest in a property, or any bylaw or other instrument 20
that governs the creation or operation of an association, that either 21
prohibits or unreasonably restricts the installation or use of an electric 22
vehicle charging station within an owner's unit or in a designated 23
parking space, including, but not limited to, a deeded parking space, a 24
parking space in a unit owner's exclusive use common element or a 25
parking space that is specifically designated for use by a particular unit 26
owner, or otherwise is in conflict with the provisions of this section, shall 27
be void and unenforceable. 28
(c) This section may not apply to bylaws that impose reasonable 29
restrictions on electric vehicle charging stations. 30
(d) An electric vehicle charging station shall meet all applicable 31
health and safety standards and requirements imposed by applicable 32
federal, state or municipal law. 33
(e) If an association requires a unit owner to submit an application for 34
approval to install an electric vehicle charging station, the association 35
shall process and approve the application in the same manner as an 36
application for approval of an architectural modification to the 37
property. The approval or denial of the application shall be in writing 38
and shall be issued not later than sixty days after the date of receipt of 39
the application. If an application is not denied in writing within such 40
sixty-day period, the application shall be deemed approved, unless the 41
association reasonably requests additional information within sixty 42
days from the date of receipt of the application. 43
(f) If a unit owner seeks to install an electric vehicle charging station, 44
the following provisions shall apply: 45
(1) The unit owner shall obtain approval from the association to 46 Raised Bill No. 5226
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install the electric vehicle charging station and the association shall 47
approve the installation if the owner agrees in writing to do the 48
following: (A) Comply with the association's architectural standards for 49
the installation of the electric vehicle charging station; (B) engage a 50
licensed contractor to install the electric vehicle charging station; (C) if 51
the proposed electric vehicle charging station is located within a 52
common element, provide a certificate of insurance, within fourteen 53
days of approval, that names the association as a named additional 54
insured under the owner's insurance policy pursuant to subdivision (3) 55
of subsection (f) of this section; (D) pay for the costs associated with the 56
installation of the electric vehicle charging station; and (E) pay the 57
electricity usage costs associated with the electric vehicle charging 58
station. 59
(2) The unit owner, and each successive owner, of the electric vehicle 60
charging station shall be responsible for all of the following: (A) Costs 61
for damage to the electric vehicle charging station, common elements or 62
separate units resulting from the installation, maintenance, repair, 63
removal or replacement of the electric vehicle charging station; (B) costs 64
for the maintenance, repair and replacement of the electric vehicle 65
charging station until it has been removed; (C) costs for the restoration 66
of the electric vehicle charging station after it is removed; (D) costs of 67
electricity associated with the electric vehicle charging station; and (E) 68
disclosing to prospective buyers (i) the existence of the electric vehicle 69
charging station, and (ii) the associated responsibilities of the unit owner 70
under this section. 71
(3) The unit owner of the electric vehicle charging station, whether 72
located within a separate unit, within the common element or exclusive 73
use common element, shall, at all times, maintain a liability coverage 74
policy. The owner shall provide the association with the corresponding 75
certificate of insurance not later than fourteen days after approval of the 76
application. The owner, and each successor owner, shall provide the 77
association with the certificate of insurance annually thereafter. 78
(4) A unit owner shall not be required to maintain a liability coverage 79 Raised Bill No. 5226
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policy for an existing national electrical manufacturers association 80
standard alternating current power plug. 81
(g) Except as provided in subsection (h) of this section, installation of 82
an electric vehicle charging station for the exclusive use of a unit owner 83
in a common element, that is not an exclusive use common element, 84
shall be authorized by the association only if installation in the unit 85
owner's designated parking space is impossible or unreasonably 86
expensive. In such cases, the association shall enter into a license 87
agreement with the owner for the use of the space in a common area and 88
the owner shall comply with all requirements described in subsection 89
(f) of this section. 90
(h) An association may install an electric vehicle charging station in 91
the common element for the use of all members of the association. For 92
any such electric vehicle charging station, the association shall develop 93
appropriate terms of use for the electric vehicle charging station. 94
(i) An association may create a new parking space where one did not 95
previously exist to facilitate the installation of an electric vehicle 96
charging station. 97
(j) An association may require the unit owner to have the electric 98
vehicle charging station removed prior to the unit owner's sale of the 99
property unless the prospective purchaser of the property agrees to take 100
ownership of the electric vehicle charging station. 101
(k) An association that knowingly violates this section shall pay a 102
civil penalty to the applicant or other party of not more than one 103
thousand dollars. 104
(l) In any action by a unit owner seeking to enforce compliance with 105
this section, the prevailing unit owner shall be awarded reasonable 106
attorney's fees. 107
Sec. 2. (NEW) (Effective October 1, 2020) (a) As used in this section: 108
(1) "Dedicated parking space" means a parking space located within 109 Raised Bill No. 5226
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a lessee's separate interest or a parking spot that is in a common area, 110
but subject to exclusive use rights of an individual lessee, including, but 111
not limited to, a garage space, carport or parking space that is 112
specifically designated for use by a particular lessee; 113
(2) "Dwelling unit" has the same meaning as provided in section 47a-114
1 of the general statutes; 115
(3) "Electric vehicle charging station" means an electric component 116
assembly or cluster of component assemblies designed specifically to 117
charge batteries within electric vehicles by permitting the transfer of 118
electric energy to a battery or other storage device in an electric vehicle. 119
"Electric vehicle charging station" includes any associated metering 120
equipment; 121
(4) "Landlord" has the same meaning as provided in section 47a-1 of 122
the general statutes; 123
(5) "Rent" has the same meaning as provided in section 47a-1 of the 124
general statutes; 125
(6) "Rental agreement" has the same meaning as provided in section 126
47a-1 of the general statutes; and 127
(7) "Tenant" has the same meaning as provided in section 47a-1 of the 128
general statutes. 129
(b) Notwithstanding any provision in the rental agreement to the 130
contrary, for any rental agreement executed, extended or renewed on 131
and after October 1, 2020, a landlord of a dwelling unit shall approve a 132
tenant's written request to install an electric vehicle charging station at 133
a dedicated parking space for the tenant that meets the requirements of 134
this section and section 1 of this act and complies with the landlord's 135
procedural approval process for modification to the property. 136
(c) This section does not apply to residential rental properties where: 137
(1) Electric vehicle charging stations already exist for a tenant in a 138 Raised Bill No. 5226
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ratio that is equal to or greater than ten per cent of the designated 139
parking spaces; 140
(2) Parking is not provided as part of the rental agreement; or 141
(3) There are less than five parking spaces. 142
(d) A landlord may not be obligated to provide an additional parking 143
space to a tenant in order to accommodate an electric vehicle charging 144
station. 145
(e) If the electric vehicle charging station has the effect of providing 146
the tenant with a reserved parking space, the landlord may charge a 147
monthly rental amount for that parking space. 148
(f) An electric vehicle charging station, and all modifications and 149
improvements to the property, shall comply with federal, state and 150
municipal law, and all applicable zoning requirements, land use 151
requirements, and covenants, conditions and restrictions. 152
(g) A tenant's written request to modify the rental property in order 153
to install an electric vehicle charging station shall indicate his or her 154
consent to enter into a written agreement that includes, but is not limited 155
to, the following: 156
(1) Compliance with the landlord's requirements for the installation, 157
use, maintenance and removal of the electric vehicle charging station 158
and its infrastructure; 159
(2) Compliance with the landlord's requirements for the tenant to 160
provide a complete financial analysis and scope of work regarding the 161
installation of the electric vehicle charging station and its infrastructure; 162
(3) Compliance with the landlord's requirements to pay the landlord 163
any costs associated with the landlord's installation of the electric 164
vehicle charging station and its infrastructure prior to any modification 165
or improvement to the rental property. The costs associated with 166
modifications and improvements include, but are not limited to, the cost 167 Raised Bill No. 5226
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of permits, supervision, construction and, solely if required by the 168
contractor and consistent with its past performance of work for the 169
landlord, performance bonds; 170
(4) Compliance with the landlord's requirements to pay, as part of the 171
tenant's rent, any costs associated with the electrical usage of the electric 172
vehicle charging station, and costs for damage, maintenance, repair, 173
removal and replacement of the electric vehicle charging station, 174
including such modifications or improvements made to the rental 175
property associated with the electric vehicle charging station; and 176
(5) Compliance with the landlord's requirements to maintain a 177
general liability insurance policy and name the landlord as a named 178
additional insured under the policy commencing with the date of 179
approval for construction until the tenant forfeits possession of the 180
dwelling unit to the landlord. 181
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 New section
Sec. 2 October 1, 2020 New section
Statement of Purpose:
To (1) make void and unenforceable any covenant, restriction or
condition in any deed, contract, security instrument or other instrument
affecting the transfer or sale of property which prohibits or
unreasonably restricts the installation or use of an electric vehicle
charging station, (2) establish conditions to which a unit owner must
agree in order to obtain approval for installation of an electric vehicle
charging station, and (3) permit tenants to request installation of electric
vehicle charging stations, subject to compliance with a landlord's
requirements.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]