1 | 1 | | |
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2 | 2 | | (Reprinted with amendments adopted on April 17, 2025) |
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3 | 3 | | FIRST REPRINT S.B. 152 |
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4 | 4 | | |
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5 | 5 | | - *SB152_R1* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL NO. 152–SENATOR OHRENSCHALL |
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8 | 8 | | |
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9 | 9 | | PREFILED JANUARY 31, 2025 |
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10 | 10 | | ____________ |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on Judiciary |
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13 | 13 | | |
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14 | 14 | | SUMMARY—Enacts provisions relating to electric vehicle |
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15 | 15 | | charging stations in a common-interest community. |
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16 | 16 | | (BDR 10-941) |
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17 | 17 | | |
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18 | 18 | | FISCAL NOTE: Effect on Local Government: No. |
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19 | 19 | | Effect on the State: No. |
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20 | 20 | | |
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21 | 21 | | ~ |
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22 | 22 | | |
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23 | 23 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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24 | 24 | | |
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25 | 25 | | |
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26 | 26 | | AN ACT relating to common-interest communities; enacting |
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27 | 27 | | provisions relating to the installation and maintenance of |
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28 | 28 | | electric vehicle charging stations within a common- |
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29 | 29 | | interest community; and providing other matters properly |
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30 | 30 | | relating thereto. |
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31 | 31 | | Legislative Counsel’s Digest: |
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32 | 32 | | Existing law requires the unit-owners’ association of a common-interest 1 |
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33 | 33 | | community to adopt bylaws and authorizes an association to amend bylaws and 2 |
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34 | 34 | | adopt rules and regulations relating to the community. (NRS 116.3102) This bill: 3 |
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35 | 35 | | (1) authorizes an association to install an electric vehicle charging station in a 4 |
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36 | 36 | | common area under certain circumstances; (2) authorizes an association to enter 5 |
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37 | 37 | | into a necessary contract for the installation or maintenance of an electric vehicle 6 |
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38 | 38 | | charging station in a common area after complying with certain requirements; and 7 |
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39 | 39 | | (3) provides that the installation and maintenance of an electric vehicle charging 8 |
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40 | 40 | | station in a common area shall be deemed not to constitute a change in use of the 9 |
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41 | 41 | | common area, a commercial use of the common area or a capital improvement. 10 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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45 | 45 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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46 | 46 | | |
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47 | 47 | | Section 1. Chapter 116 of NRS is hereby amended by adding 1 |
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48 | 48 | | thereto a new section to read as follows: 2 |
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49 | 49 | | 1. Notwithstanding any provision in the governing documents 3 |
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50 | 50 | | to the contrary: 4 |
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51 | 51 | | (a) An association may install an electric vehicle charging 5 |
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52 | 52 | | station in a common area if: 6 |
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53 | 53 | | – 2 – |
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54 | 54 | | |
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55 | 55 | | |
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56 | 56 | | - *SB152_R1* |
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57 | 57 | | (1) The location in the common area is not being used for 1 |
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58 | 58 | | recreation, including, without limitation, being used as a park, 2 |
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59 | 59 | | playground or open play space; 3 |
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60 | 60 | | (2) A majority of the units’ owners, whether present in 4 |
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61 | 61 | | person or by proxy, do not reject the proposed electric vehicle 5 |
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62 | 62 | | charging station by vote at a regular meeting of the executive 6 |
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63 | 63 | | board where the installation of the proposed electric vehicle 7 |
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64 | 64 | | charging station is an agenda item listed for discussion; 8 |
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65 | 65 | | (3) The association complies with the provisions of 9 |
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66 | 66 | | subsection 3 of NRS 116.345; and 10 |
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67 | 67 | | (4) Placement of the electric vehicle charging station in 11 |
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68 | 68 | | that location does not increase any cost to any unit owner or 12 |
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69 | 69 | | violate any applicable zoning ordinance, permit or approval. 13 |
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70 | 70 | | (b) An association may, after complying with the provisions of 14 |
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71 | 71 | | subparagraphs (1) to (4), inclusive, of paragraph (a), enter into 15 |
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72 | 72 | | any necessary contract with any person for the installation or 16 |
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73 | 73 | | maintenance of an electric vehicle charging station in a common 17 |
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74 | 74 | | area. 18 |
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75 | 75 | | (c) The installation and maintenance of an electric vehicle 19 |
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76 | 76 | | charging station in a common area shall be deemed not to 20 |
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77 | 77 | | constitute: 21 |
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78 | 78 | | (1) A change in use of the common area; 22 |
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79 | 79 | | (2) A commercial use of the common area; or 23 |
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80 | 80 | | (3) A capital improvement. 24 |
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81 | 81 | | 2. As used in this section, “electric vehicle charging station” 25 |
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82 | 82 | | means a station that delivers electricity from a source outside an 26 |
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83 | 83 | | electric vehicle into one or more electric vehicles. The term 27 |
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84 | 84 | | includes, without limitation, an electric vehicle charging 28 |
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85 | 85 | | station where several charge points simultaneously connect 29 |
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86 | 86 | | several electric vehicles to the station and any related 30 |
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87 | 87 | | equipment needed to facilitate charging electric vehicles. 31 |
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89 | 89 | | H |
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90 | 90 | | |
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