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Connecticut House Bill HB05117

Connecticut 2022 Regular Session

Connecticut House Bill HB05117 Compare Versions

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66 General Assembly Raised Bill No. 5117
77 February Session, 2022
88 LCO No. 1128
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2020 AN ACT CONCERNING ELECTRIC VEHICLE CHARGING STATIONS.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. (NEW) (Effective October 1, 2022) (a) As used in this section: 1
2525 (1) "Association" means any association of homeowners, community 2
2626 association, condominium association, cooperative, common interest 3
2727 associations or nongovernmental entity with covenants, bylaws and 4
2828 administrative provisions with which a homeowner's compliance is 5
2929 required. "Association" includes an association of unit owners, as 6
3030 defined in section 47-68a of the general statutes, and a common interest 7
3131 community, as defined in section 47-202 of the general statutes; 8
3232 (2) "Electric vehicle charging station" means an electric component 9
3333 assembly or cluster of component assemblies designed specifically to 10
3434 charge batteries within electric vehicles by permitting the transfer of 11
3535 electric energy to a battery or other storage device in the electric vehicle. 12
3636 "Electric vehicle charging station" includes any associated metering 13
3737 equipment; and 14
3838 (3) "Reasonable restrictions" means a restriction that does not 15 Raised Bill No. 5117
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4444 significantly increase the cost of the station or significantly decrease its 16
4545 efficiency or specified performance. 17
4646 (b) Any covenant, restriction or condition contained within any deed, 18
4747 contract, security instrument or other instrument affecting the transfer 19
4848 or sale of any interest in a property, or any bylaw or other instrument 20
4949 that governs the creation or operation of an association, that either 21
5050 prohibits or unreasonably restricts the installation or use of an electric 22
5151 vehicle charging station within an owner's unit or in a designated 23
5252 parking space, including, but not limited to, a deeded parking space, a 24
5353 parking space in a unit owner's exclusive use common element or a 25
5454 parking space that is specifically designated for use by a particular unit 26
5555 owner, or otherwise is in conflict with the provisions of this section, shall 27
5656 be void and unenforceable. 28
5757 (c) This section shall not apply to: 29
5858 (1) Any contract, covenant, deed, security instrument or other 30
5959 instrument affecting the transfer or sale of any interest in a property 31
6060 entered into before October 1, 2022; or 32
6161 (2) An association that: (A) Has bylaws that impose reasonable 33
6262 restrictions on electric vehicle charging stations; or (B) already provides 34
6363 electric vehicle charging stations to its unit owners at a ratio that is equal 35
6464 to or greater than ten per cent of the designated parking spaces. 36
6565 (d) An electric vehicle charging station shall meet all applicable 37
6666 health and safety standards and requirements imposed by applicable 38
6767 federal, state or municipal law. 39
6868 (e) If an association requires a unit owner to submit an application for 40
6969 approval to install an electric vehicle charging station, the association 41
7070 shall process and approve the application in the same manner as an 42
7171 application for approval of an architectural modification to the 43
7272 property. The approval or denial of the application shall be in writing 44
7373 and shall be issued not later than sixty days after the date of receipt of 45
7474 the application. If an application is not denied in writing within such 46 Raised Bill No. 5117
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8080 sixty-day period, the application shall be deemed approved, unless the 47
8181 association reasonably requests additional information within sixty 48
8282 days from the date of receipt of the application. 49
8383 (f) If a unit owner seeks to install an electric vehicle charging station, 50
8484 the following provisions shall apply: 51
8585 (1) The unit owner shall obtain approval from the association to 52
8686 install the electric vehicle charging station and the association shall 53
8787 approve the installation if the owner agrees in writing to do the 54
8888 following: (A) Comply with the association's architectural standards for 55
8989 the installation of the electric vehicle charging station; (B) engage a 56
9090 licensed contractor to install the electric vehicle charging station; (C) if 57
9191 the proposed electric vehicle charging station is located within a 58
9292 common element, provide a certificate of insurance, within fourteen 59
9393 days of approval, that names the association as a named additional 60
9494 insured under the owner's insurance policy pursuant to subdivision (3) 61
9595 of this subsection; (D) pay for the costs associated with the installation 62
9696 of the electric vehicle charging station; and (E) pay the electricity usage 63
9797 costs associated with the electric vehicle charging station. 64
9898 (2) The unit owner, and each successive owner, of the electric vehicle 65
9999 charging station shall be responsible for all of the following: (A) Costs 66
100100 for damage to the electric vehicle charging station, common elements or 67
101101 separate units resulting from the installation, maintenance, repair, 68
102102 removal or replacement of the electric vehicle charging station; (B) costs 69
103103 for the maintenance, repair and replacement of the electric vehicle 70
104104 charging station until it has been removed; (C) costs for the restoration 71
105105 of the electric vehicle charging station after it is removed; (D) costs of 72
106106 electricity associated with the electric vehicle charging station; and (E) 73
107107 disclosing to prospective buyers (i) the existence of the electric vehicle 74
108108 charging station, and (ii) the associated responsibilities of the unit owner 75
109109 under this section. 76
110110 (3) The unit owner of the electric vehicle charging station, whether 77
111111 located within a separate unit, within the common element or exclusive 78 Raised Bill No. 5117
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117117 use common element, shall, at all times, maintain a liability coverage 79
118118 policy. The owner shall provide the association with the corresponding 80
119119 certificate of insurance not later than fourteen days after approval of the 81
120120 application. The owner, and each successor owner, shall provide the 82
121121 association with the certificate of insurance annually thereafter. 83
122122 (4) A unit owner shall not be required to maintain a liability coverage 84
123123 policy for an existing national electrical manufacturers association 85
124124 standard alternating current power plug. 86
125125 (g) Except as provided in subsection (h) of this section, installation of 87
126126 an electric vehicle charging station for the exclusive use of a unit owner 88
127127 in a common element, that is not an exclusive use common element, 89
128128 shall be authorized by the association only if installation in the unit 90
129129 owner's designated parking space is impossible or unreasonably 91
130130 expensive. In such cases, the association shall enter into a license 92
131131 agreement with the owner for the use of the space in a common area and 93
132132 the owner shall comply with all requirements described in subsection 94
133133 (f) of this section. 95
134134 (h) An association may install an electric vehicle charging station in 96
135135 the common element for the use of all members of the association. For 97
136136 any such electric vehicle charging station, the association shall develop 98
137137 appropriate terms of use for the electric vehicle charging station. 99
138138 (i) An association may create a new parking space where one did not 100
139139 previously exist to facilitate the installation of an electric vehicle 101
140140 charging station. 102
141141 (j) An association may require the unit owner to have the electric 103
142142 vehicle charging station removed prior to the unit owner's sale of the 104
143143 property unless the prospective purchaser of the property agrees to take 105
144144 ownership of the electric vehicle charging station. 106
145145 (k) An association that knowingly violates this section shall pay a 107
146146 civil penalty of not more than one thousand dollars. 108 Raised Bill No. 5117
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152152 (l) In any action by a unit owner seeking to enforce compliance with 109
153153 this section, the prevailing unit owner shall be awarded reasonable 110
154154 attorney's fees. 111
155155 Sec. 2. (NEW) (Effective October 1, 2022) (a) As used in this section: 112
156156 (1) "Dedicated parking space" means a parking space located within 113
157157 a lessee's separate interest or a parking spot that is in a common area, 114
158158 but subject to exclusive use rights of an individual lessee, including, but 115
159159 not limited to, a garage space, carport or parking space that is 116
160160 specifically designated for use by a particular lessee; 117
161161 (2) "Dwelling unit" has the same meaning as provided in section 47a-118
162162 1 of the general statutes; 119
163163 (3) "Electric vehicle charging station" means an electric component 120
164164 assembly or cluster of component assemblies designed specifically to 121
165165 charge batteries within electric vehicles by permitting the transfer of 122
166166 electric energy to a battery or other storage device in an electric vehicle. 123
167167 "Electric vehicle charging station" includes any associated metering 124
168168 equipment; 125
169169 (4) "Landlord" has the same meaning as provided in section 47a-1 of 126
170170 the general statutes; 127
171171 (5) "Rent" has the same meaning as provided in section 47a-1 of the 128
172172 general statutes; 129
173173 (6) "Rental agreement" has the same meaning as provided in section 130
174174 47a-1 of the general statutes; and 131
175175 (7) "Tenant" has the same meaning as provided in section 47a-1 of the 132
176176 general statutes. 133
177177 (b) Notwithstanding any provision in the rental agreement to the 134
178178 contrary, for any rental agreement executed, extended or renewed on 135
179179 and after October 1, 2022, a landlord of a dwelling unit shall approve a 136
180180 tenant's written request to install an electric vehicle charging station at 137 Raised Bill No. 5117
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186186 a dedicated parking space for the tenant that meets the requirements of 138
187187 this section and complies with the landlord's procedural approval 139
188188 process for modification to the property. 140
189189 (c) This section shall not apply to residential rental properties where: 141
190190 (1) Electric vehicle charging stations for use by tenants already exist 142
191191 as of the effective date of this section in a ratio that is equal to or greater 143
192192 than ten per cent of the designated parking spaces; 144
193193 (2) Parking is not provided as part of the rental agreement; or 145
194194 (3) There are fewer than five parking spaces. 146
195195 (d) A landlord shall not be obligated to provide an additional parking 147
196196 space to a tenant in order to accommodate an electric vehicle charging 148
197197 station. 149
198198 (e) If the electric vehicle charging station has the effect of providing 150
199199 the tenant with a reserved parking space, the landlord may charge a 151
200200 monthly rental amount for that parking space. 152
201201 (f) An electric vehicle charging station, and all modifications and 153
202202 improvements to the property, shall comply with federal, state and 154
203203 municipal law, and all applicable zoning requirements, land use 155
204204 requirements, and covenants, conditions and restrictions. 156
205205 (g) A tenant's written request to modify the rental property in order 157
206206 to install an electric vehicle charging station shall indicate his or her 158
207207 consent to enter into a written agreement that includes, but is not limited 159
208208 to, the following: 160
209209 (1) Compliance with the landlord's requirements for the installation, 161
210210 use, maintenance and removal of the electric vehicle charging station 162
211211 and its infrastructure; 163
212212 (2) Compliance with the landlord's requirements for the tenant to 164
213213 provide a complete financial analysis and scope of work regarding the 165 Raised Bill No. 5117
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219219 installation of the electric vehicle charging station and its infrastructure; 166
220220 (3) Compliance with the landlord's requirements to pay the landlord 167
221221 any costs associated with the landlord's installation of the electric 168
222222 vehicle charging station and its infrastructure prior to any modification 169
223223 or improvement to the rental property. The costs associated with 170
224224 modifications and improvements include, but are not limited to, the cost 171
225225 of permits, supervision, construction and, solely if required by the 172
226226 contractor and consistent with its past performance of work for the 173
227227 landlord, performance bonds; 174
228228 (4) Compliance with the landlord's requirements to pay, as part of the 175
229229 tenant's rent, any costs associated with the electrical usage of the electric 176
230230 vehicle charging station, and costs for damage, maintenance, repair, 177
231231 removal and replacement of the electric vehicle charging station, 178
232232 including such modifications or improvements made to the rental 179
233233 property associated with the electric vehicle charging station; and 180
234234 (5) Compliance with the landlord's requirements to maintain a 181
235235 general liability insurance policy that covers an electric vehicle charging 182
236236 station at a tenant's dedicated parking space and to name the landlord 183
237237 as a named additional insured under the policy commencing with the 184
238238 date of approval for construction until the tenant forfeits possession of 185
239239 the dwelling unit to the landlord. 186
240240 This act shall take effect as follows and shall amend the following
241241 sections:
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243243 Section 1 October 1, 2022 New section
244244 Sec. 2 October 1, 2022 New section
245245
246246 Statement of Purpose:
247247 To require certain contracts affecting real estate to allow for the
248248 installation of electric vehicle charging stations and to require increased
249249 tenant access to electric vehicle charging stations in their dwelling units
250250 or common areas. Raised Bill No. 5117
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256256 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
257257 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
258258 underlined.]
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