LCO No. 1128 1 of 8
General Assembly Raised Bill No. 5117
February Session, 2022
LCO No. 1128
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING ELECTRIC VEHICLE CHARGING STATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2022) (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. 5117
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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 shall not apply to: 29
(1) Any contract, covenant, deed, security instrument or other 30
instrument affecting the transfer or sale of any interest in a property 31
entered into before October 1, 2022; or 32
(2) An association that: (A) Has bylaws that impose reasonable 33
restrictions on electric vehicle charging stations; or (B) already provides 34
electric vehicle charging stations to its unit owners at a ratio that is equal 35
to or greater than ten per cent of the designated parking spaces. 36
(d) An electric vehicle charging station shall meet all applicable 37
health and safety standards and requirements imposed by applicable 38
federal, state or municipal law. 39
(e) If an association requires a unit owner to submit an application for 40
approval to install an electric vehicle charging station, the association 41
shall process and approve the application in the same manner as an 42
application for approval of an architectural modification to the 43
property. The approval or denial of the application shall be in writing 44
and shall be issued not later than sixty days after the date of receipt of 45
the application. If an application is not denied in writing within such 46 Raised Bill No. 5117
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sixty-day period, the application shall be deemed approved, unless the 47
association reasonably requests additional information within sixty 48
days from the date of receipt of the application. 49
(f) If a unit owner seeks to install an electric vehicle charging station, 50
the following provisions shall apply: 51
(1) The unit owner shall obtain approval from the association to 52
install the electric vehicle charging station and the association shall 53
approve the installation if the owner agrees in writing to do the 54
following: (A) Comply with the association's architectural standards for 55
the installation of the electric vehicle charging station; (B) engage a 56
licensed contractor to install the electric vehicle charging station; (C) if 57
the proposed electric vehicle charging station is located within a 58
common element, provide a certificate of insurance, within fourteen 59
days of approval, that names the association as a named additional 60
insured under the owner's insurance policy pursuant to subdivision (3) 61
of this subsection; (D) pay for the costs associated with the installation 62
of the electric vehicle charging station; and (E) pay the electricity usage 63
costs associated with the electric vehicle charging station. 64
(2) The unit owner, and each successive owner, of the electric vehicle 65
charging station shall be responsible for all of the following: (A) Costs 66
for damage to the electric vehicle charging station, common elements or 67
separate units resulting from the installation, maintenance, repair, 68
removal or replacement of the electric vehicle charging station; (B) costs 69
for the maintenance, repair and replacement of the electric vehicle 70
charging station until it has been removed; (C) costs for the restoration 71
of the electric vehicle charging station after it is removed; (D) costs of 72
electricity associated with the electric vehicle charging station; and (E) 73
disclosing to prospective buyers (i) the existence of the electric vehicle 74
charging station, and (ii) the associated responsibilities of the unit owner 75
under this section. 76
(3) The unit owner of the electric vehicle charging station, whether 77
located within a separate unit, within the common element or exclusive 78 Raised Bill No. 5117
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use common element, shall, at all times, maintain a liability coverage 79
policy. The owner shall provide the association with the corresponding 80
certificate of insurance not later than fourteen days after approval of the 81
application. The owner, and each successor owner, shall provide the 82
association with the certificate of insurance annually thereafter. 83
(4) A unit owner shall not be required to maintain a liability coverage 84
policy for an existing national electrical manufacturers association 85
standard alternating current power plug. 86
(g) Except as provided in subsection (h) of this section, installation of 87
an electric vehicle charging station for the exclusive use of a unit owner 88
in a common element, that is not an exclusive use common element, 89
shall be authorized by the association only if installation in the unit 90
owner's designated parking space is impossible or unreasonably 91
expensive. In such cases, the association shall enter into a license 92
agreement with the owner for the use of the space in a common area and 93
the owner shall comply with all requirements described in subsection 94
(f) of this section. 95
(h) An association may install an electric vehicle charging station in 96
the common element for the use of all members of the association. For 97
any such electric vehicle charging station, the association shall develop 98
appropriate terms of use for the electric vehicle charging station. 99
(i) An association may create a new parking space where one did not 100
previously exist to facilitate the installation of an electric vehicle 101
charging station. 102
(j) An association may require the unit owner to have the electric 103
vehicle charging station removed prior to the unit owner's sale of the 104
property unless the prospective purchaser of the property agrees to take 105
ownership of the electric vehicle charging station. 106
(k) An association that knowingly violates this section shall pay a 107
civil penalty of not more than one thousand dollars. 108 Raised Bill No. 5117
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(l) In any action by a unit owner seeking to enforce compliance with 109
this section, the prevailing unit owner shall be awarded reasonable 110
attorney's fees. 111
Sec. 2. (NEW) (Effective October 1, 2022) (a) As used in this section: 112
(1) "Dedicated parking space" means a parking space located within 113
a lessee's separate interest or a parking spot that is in a common area, 114
but subject to exclusive use rights of an individual lessee, including, but 115
not limited to, a garage space, carport or parking space that is 116
specifically designated for use by a particular lessee; 117
(2) "Dwelling unit" has the same meaning as provided in section 47a-118
1 of the general statutes; 119
(3) "Electric vehicle charging station" means an electric component 120
assembly or cluster of component assemblies designed specifically to 121
charge batteries within electric vehicles by permitting the transfer of 122
electric energy to a battery or other storage device in an electric vehicle. 123
"Electric vehicle charging station" includes any associated metering 124
equipment; 125
(4) "Landlord" has the same meaning as provided in section 47a-1 of 126
the general statutes; 127
(5) "Rent" has the same meaning as provided in section 47a-1 of the 128
general statutes; 129
(6) "Rental agreement" has the same meaning as provided in section 130
47a-1 of the general statutes; and 131
(7) "Tenant" has the same meaning as provided in section 47a-1 of the 132
general statutes. 133
(b) Notwithstanding any provision in the rental agreement to the 134
contrary, for any rental agreement executed, extended or renewed on 135
and after October 1, 2022, a landlord of a dwelling unit shall approve a 136
tenant's written request to install an electric vehicle charging station at 137 Raised Bill No. 5117
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a dedicated parking space for the tenant that meets the requirements of 138
this section and complies with the landlord's procedural approval 139
process for modification to the property. 140
(c) This section shall not apply to residential rental properties where: 141
(1) Electric vehicle charging stations for use by tenants already exist 142
as of the effective date of this section in a ratio that is equal to or greater 143
than ten per cent of the designated parking spaces; 144
(2) Parking is not provided as part of the rental agreement; or 145
(3) There are fewer than five parking spaces. 146
(d) A landlord shall not be obligated to provide an additional parking 147
space to a tenant in order to accommodate an electric vehicle charging 148
station. 149
(e) If the electric vehicle charging station has the effect of providing 150
the tenant with a reserved parking space, the landlord may charge a 151
monthly rental amount for that parking space. 152
(f) An electric vehicle charging station, and all modifications and 153
improvements to the property, shall comply with federal, state and 154
municipal law, and all applicable zoning requirements, land use 155
requirements, and covenants, conditions and restrictions. 156
(g) A tenant's written request to modify the rental property in order 157
to install an electric vehicle charging station shall indicate his or her 158
consent to enter into a written agreement that includes, but is not limited 159
to, the following: 160
(1) Compliance with the landlord's requirements for the installation, 161
use, maintenance and removal of the electric vehicle charging station 162
and its infrastructure; 163
(2) Compliance with the landlord's requirements for the tenant to 164
provide a complete financial analysis and scope of work regarding the 165 Raised Bill No. 5117
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installation of the electric vehicle charging station and its infrastructure; 166
(3) Compliance with the landlord's requirements to pay the landlord 167
any costs associated with the landlord's installation of the electric 168
vehicle charging station and its infrastructure prior to any modification 169
or improvement to the rental property. The costs associated with 170
modifications and improvements include, but are not limited to, the cost 171
of permits, supervision, construction and, solely if required by the 172
contractor and consistent with its past performance of work for the 173
landlord, performance bonds; 174
(4) Compliance with the landlord's requirements to pay, as part of the 175
tenant's rent, any costs associated with the electrical usage of the electric 176
vehicle charging station, and costs for damage, maintenance, repair, 177
removal and replacement of the electric vehicle charging station, 178
including such modifications or improvements made to the rental 179
property associated with the electric vehicle charging station; and 180
(5) Compliance with the landlord's requirements to maintain a 181
general liability insurance policy that covers an electric vehicle charging 182
station at a tenant's dedicated parking space and to name the landlord 183
as a named additional insured under the policy commencing with the 184
date of approval for construction until the tenant forfeits possession of 185
the dwelling unit to the landlord. 186
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 New section
Sec. 2 October 1, 2022 New section
Statement of Purpose:
To require certain contracts affecting real estate to allow for the
installation of electric vehicle charging stations and to require increased
tenant access to electric vehicle charging stations in their dwelling units
or common areas. Raised Bill No. 5117
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[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.]