Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1303 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2515 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1303
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle L. Ciccolo and Steven Owens
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to ensure the right to install electric vehicle charging stations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/19/2023Steven Owens29th Middlesex1/19/2023 1 of 6
16	16	HOUSE DOCKET, NO. 2515 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1303
18	18	By Representatives Ciccolo of Lexington and Owens of Watertown, a petition (accompanied by
19	19	bill, House, No. 1303) of Michelle L. Ciccolo and Steven Owens relative to the rights of
20	20	homeowners to install electric vehicle charging stations. Housing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to ensure the right to install electric vehicle charging stations.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Definitions
30	30	2 For the purpose of this section:
31	31	3 "Electric vehicle charging system" means a system that is designed in compliance with
32	32	4Article 625 of the National Electrical Code and delivers electricity from a source outside an
33	33	5electric vehicle into one or more electric vehicles. An electric vehicle charging system may
34	34	6include several charge points simultaneously connecting several electric vehicles to the system.
35	35	7 “Association” means any association of homeowners, community association,
36	36	8condominium association, cooperative, or any other nongovernmental entity with covenants,
37	37	9bylaws, and administrative provisions with which a homeowner's compliance is required.
38	38	10 “Owner” means a person or persons who own a separate lot, unit, or interest, along with
39	39	11an undivided interest or membership interest in the common area of the entire project, including 2 of 6
40	40	12but not limited to condominiums, planned unit developments, and parcels subject to a
41	41	13homeowners’ association.
42	42	14 “Separate interest” means the separate lot, unit, or interest to which an owner has
43	43	15exclusive rights of ownership.
44	44	16 “Dedicated parking space” refers to both parking spaces that are located within an
45	45	17owner’s separate interest, as well as parking spaces that are in a common area, but subject to
46	46	18exclusive use rights of an owner, including, but not limited to, a deeded parking space, a garage
47	47	19space, a carport, or a parking space that is specifically designated for use by a particular owner.
48	48	20 “Reasonable restrictions” means restrictions that do not significantly increase the cost of
49	49	21the station, significantly decrease its efficiency or specified performance, or effectively prohibit
50	50	22the installation altogether.
51	51	23 “Historic District Commission” means a commission responsible for administering the
52	52	24rules and regulations of a historic district established by a community pursuant to Massachusetts
53	53	25General Laws Chapter 40C.
54	54	26 “Neighborhood Conservation District” means a district established by a municipal
55	55	27governing body as part of the local zoning code or bylaws for the express purpose of protecting
56	56	28the architectural character of a neighborhood.
57	57	29 “Municipal Governing Body” means the legislative decision-making body of a city or
58	58	30town.
59	59	31 Right of Owner to Install Electric Vehicle Charging Station 3 of 6
60	60	32 Associations, Historic District Commissions (HDCs), and Neighborhood Conservation
61	61	33Districts (NCDs) may not prohibit or unreasonably restrict an owner from installing an electric
62	62	34vehicle charging station on or in areas subject to their separate interest, on or in areas to which
63	63	35they have exclusive use, or on a common element, so long as it was within a reasonable distance
64	64	36of the dedicated parking space. Nothing in this section shall be construed to prohibit an
65	65	37association, HDC, or NCD from making reasonable restrictions as defined in Section 1.
66	66	38 Rules and Regulations
67	67	39 A. Installation of any electric vehicle charging station is subject to the following
68	68	40provisions:
69	69	41 a) The electric vehicle charging station must be installed at the owners’ expense;
70	70	42 b) The electric vehicle charging station must be installed by a licensed contractor and/or
71	71	43electrician;
72	72	44 c) An electric vehicle charging station shall meet all applicable health and safety
73	73	45standards and requirements imposed by national, state, and local authorities, as well as all other
74	74	46applicable zoning, land use or other ordinances, or land use permits.
75	75	47 B. The association, HDC, or NCD may require an owner to submit an application before
76	76	48installing a charging station, subject to the following provisions:
77	77	49 a) If the association, HDC, or NCD requires such an application, the application shall be
78	78	50processed and approved by the association, HDC, or NCD in the same manner as an application
79	79	51for approval of an architectural modification to the property, and shall not be willfully avoided or
80	80	52delayed; 4 of 6
81	81	53 b) The association, HDC, or NCD shall approve the application if the owner complies
82	82	54with the association, HDC, or NCD’s architectural standards and the provisions of this section;
83	83	55 c) The approval or denial of an application shall be in writing;
84	84	56 d) If an application is not denied in writing within 60 days from the date of receipt of the
85	85	57application, the application shall be deemed approved, unless that delay is the result of a
86	86	58reasonable request for additional information;
87	87	59 e) The association, HDC, or NCD may not assess or charge the owner any fees for the
88	88	60placement of any electric vehicle charging station, beyond reasonable fees for processing the
89	89	61application, provided that such fees exist for all applications for approval of architectural
90	90	62modifications.
91	91	63 Rights and Responsibilities of Ownership
92	92	64 A. The owner and each successive owner of the separate interest or with exclusive rights
93	93	65to the area where the electric vehicle charging system is installed is responsible for:
94	94	66 a) disclosing to prospective buyers the existence of any charging station of the owner and
95	95	67the related responsibilities of the owner under this section.
96	96	68 b) disclosing to prospective buyers if the owner intends to remove the station in order to
97	97	69install it at their new place of residence.
98	98	70 c) costs for the maintenance, repair, and replacement of the electric vehicle charging
99	99	71station until it has been removed, and for restoration of the common area after removal. 5 of 6
100	100	72 d) costs for damage to the electric vehicle charging station, common area, exclusive
101	101	73common area, or separate interests resulting from the installation, maintenance, repair, removal,
102	102	74or replacement of the charging station.
103	103	75 e) the cost of electricity associated with the electric vehicle charging station. Pursuant to
104	104	76this clause, the owner must connect the electric vehicle charging station to their own electricity
105	105	77utility account unless the licensed contractor performing the installation deems that to be
106	106	78impossible. In this circumstance, the association, HDC, or NCD shall allow the owner to connect
107	107	79the electric vehicle charging station to the common electricity account, but may require
108	108	80reimbursement by the owner to the association, HDC, or NCD for the electricity costs, per the
109	109	81owner’s responsibility for such costs.
110	110	82 f) removing the electric vehicle charging station if reasonably necessary for the repair,
111	111	83maintenance, or replacement of any property of the association, HDC, NCD, or of separate
112	112	84interests.
113	113	85 Common Area Electric Vehicle Charging Stations
114	114	86 A. An association may install an electric vehicle charging station in the common area for
115	115	87the use of all members of the association and, in that case, the association shall develop
116	116	88appropriate terms of use for the charging station.
117	117	89 Severability
118	118	90 The provisions of this section are severable, and if any provision, or portion thereof,
119	119	91should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, 6 of 6
120	120	92such unconstitutionality or invalidity shall not affect the remaining provisions, which remain in
121	121	93full force and effect.
122	122	94 SECTION 2. This act shall take effect 30 days after passage.