Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S852 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 351 FILED ON: 1/13/2023
3	3	SENATE . . . . . . . . . . . . . . No. 852
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 relative to the installation of electric vehicle charging stations by condominium owners.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 4
16	16	SENATE DOCKET, NO. 351 FILED ON: 1/13/2023
17	17	SENATE . . . . . . . . . . . . . . No. 852
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 852) of Cynthia Stone Creem
19	19	relative to the installation of electric vehicle charging stations by condominium owners.
20	20	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 relative to the installation of electric vehicle charging stations by condominium owners.
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 Chapter 183A of the General Laws, as appearing in the 2020 Official Edition, is hereby
30	30	2amended by adding the following section:-
31	31	3 Section 24. (a) As used in this section, the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:-
33	33	5 “Association”, any association of homeowners, community association, condominium
34	34	6association, cooperative or any other nongovernmental entity with covenants, bylaws and
35	35	7administrative provisions with which a homeowner's compliance is required.
36	36	8 “Dedicated parking spot”, a parking spot that is: (i) located within an owner’s separate
37	37	9interest; and (ii) in a common area, but subject to exclusive use rights of an owner, including, but
38	38	10not limited to, a deeded parking space, a garage space, a carport or a parking space that is
39	39	11specifically designated for use by a particular owner. 2 of 4
40	40	12 “Electric vehicle charging system”, a system that is designed in compliance with Article
41	41	13625 of the National Electrical Code and delivers electricity from a source outside an electric
42	42	14vehicle into 1 or more electric vehicles; provided, however, that an electric vehicle charging
43	43	15system may include several charge points simultaneously connecting several electric vehicles to
44	44	16the system.
45	45	17 “Owner”, a person who owns a separate lot, unit or interest, along with an undivided
46	46	18interest or membership interest in the common area of the entire project, including but not
47	47	19limited to condominiums, planned unit developments and parcels subject to a homeowners’
48	48	20association.
49	49	21 “Reasonable restrictions”, restrictions that do not significantly increase the cost of the
50	50	22station, significantly decrease its efficiency or specified performance or effectively prohibit the
51	51	23installation altogether.
52	52	24 “Separate interest”, a separate lot, unit or interest to which an owner has exclusive rights
53	53	25of ownership.
54	54	26 (b) An association shall not prohibit or unreasonably restrict an owner from installing an
55	55	27electric vehicle charging station: (i) on or in areas subject to the owner’s separate interest; (ii) on
56	56	28or in areas to which the owner has exclusive use; or (iii) on a common element; provided,
57	57	29however, that the common element is within a reasonable distance of the dedicated parking spot.
58	58	30Nothing in this subsection shall be construed to prohibit an association from making reasonable
59	59	31restrictions.
60	60	32 (c) Installation of an electric vehicle charging station shall be subject to the following: (i)
61	61	33the electric vehicle charging station shall be installed at the owner’s expense; (ii) the electric 3 of 4
62	62	34vehicle charging station shall be installed by a licensed contractor or electrician; (iii) an electric
63	63	35vehicle charging station shall conform to: (A) all applicable health and safety standards and
64	64	36requirements imposed by national, state and local authorities; and (B) all other applicable zoning,
65	65	37land use or other ordinances or land use permits.
66	66	38 (d) An association may require an owner to submit an application before installing an
67	67	39electric vehicle charging station, pursuant to the following provisions: (i) if an association
68	68	40requires such an application, the application shall be processed and approved by the association
69	69	41in the same manner as an application for approval of an architectural modification to the
70	70	42property, and shall not be willfully avoided or delayed; (ii) the association shall approve the
71	71	43application if the owner complies with the association’s architectural standards and this section;
72	72	44(iii) the approval or denial of an application shall be in writing; (iv) if an application is not
73	73	45denied in writing within 60 days from the date of receipt of the application, the application shall
74	74	46be deemed approved, unless that delay is the result of a reasonable request for additional
75	75	47information; (v) an association may not assess or charge an owner a fee for the placement of an
76	76	48electric vehicle charging station, except a reasonable fee for processing the application; provided,
77	77	49however, that such a fee exists for all applications for approval of architectural modifications.
78	78	50 (e) An owner of a separate interest or an owner who has exclusive rights to an area where
79	79	51an electric vehicle charging system is installed shall be responsible for: (i) disclosing to
80	80	52prospective buyers the existence of a charging station of the owner and the related
81	81	53responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers
82	82	54whether the electric vehicle charging station is removable and whether the owner intends to
83	83	55remove the station in order to install it at the owner’s new place of residence; (iii) costs of the
84	84	56maintenance, repair and replacement of the electric vehicle charging station until the charging 4 of 4
85	85	57station is removed, and for restoration of the common area after removal; (iv) costs for damage
86	86	58to the electric vehicle charging station, common area, exclusive common area or a separate
87	87	59interest resulting from the installation, maintenance, repair, removal or replacement of the
88	88	60charging station; (v) the cost of electricity associated with the electric vehicle charging station;
89	89	61provided however, that the owner shall connect the electric vehicle charging station to the
90	90	62owner’s electricity utility account unless the licensed contractor performing the installation
91	91	63deems that to be impossible; provided further, that if the connection is deemed impossible, the
92	92	64association shall allow the owner to connect the electric vehicle charging station to the common
93	93	65electricity account, but may require reimbursement by the owner to the association for the
94	94	66electricity costs, per the owner’s responsibility for such costs; and (vi) removing the electric
95	95	67vehicle charging station if reasonably necessary for the repair, maintenance or replacement of
96	96	68any property of the association or separate interests.
97	97	69 (f) An association may install an electric vehicle charging station in the common area for
98	98	70the use of all members of the association and, in that case, the association shall develop
99	99	71appropriate terms of use for the charging station.