PRINTER'S NO. 553 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.561 Session of 2025 INTRODUCED BY KANE, STREET, COMITTA, HAYWOOD, SAVAL AND L. WILLIAMS, APRIL 4, 2025 REFERRED TO TRANSPORTATION, APRIL 4, 2025 AN ACT Amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in creation, alteration and termination of condominiums, providing for electric vehicle charging stations; in creation, alteration and termination of cooperatives, providing for electric vehicle charging stations; and, in creation, alteration and termination of planned communities, providing for electric vehicle charging stations. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 68 of the Pennsylvania Consolidated Statutes is amended by adding sections to read: § 3224. Electric vehicle charging stations. Notwithstanding contrary provisions of a declaration or bylaws of a condominium: (1) A unit owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the unit owner, in compliance with the requirements of this section: (i) in a space assigned to the unit and used for the parking or storage of automobiles, trucks, boats, campers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 or other vehicles; or (ii) in a limited common element with the written approval of the unit owner of each unit to which use of the limited common element is reserved. (2) A unit owners' association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section. (3) When the unit owner complies or agrees to comply with the requirements of this section, the unit owners' association shall approve the completed application within 60 days after the unit owner submits the application unless the delay in approving the application is based on a reasonable request for additional information. (4) In addition to such other reasonable rules and regulations as the unit owners' association may adopt, the unit owners' association : (i) May require a unit owner to submit an application before installing a charging station. (ii) May require the charging station to meet the architectural standards of the condominium. (iii) May impose reasonable charges to recover costs of the review and permitting of the charging station. (iv) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station. (5) The charging station must be installed by a qualified electrician that: (i) has completed a State registered electrician 20250SB0561PN0553 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 apprenticeship program; and (ii) is in compliance with all applicable State or municipality codes, regulations and ordinances regarding electricians. (6) The unit owner is responsible for: (i) All costs associated with installation and use of the charging station, including: (A) The cost of electricity associated with the charging station. (B) The cost of any damage to general common elements, limited common elements and areas subject to the exclusive use of other unit owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station. (C) Filing reports with the Department of Revenue as required under 75 Pa.C.S. Ch. 90 (relating to liquid fuels and fuels tax). (ii) Disclosure to a prospective buyer of the unit of the existence of the charging station and the related responsibilities of the unit owner under this section. (7) If the unit owners' association reasonably determines that the cumulative use of electricity in the condominium attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the condominium with a sufficient supply of electricity, or if the unit owners' association reasonably determines that other improvements are reasonably necessary for the safe use and operation of the charging stations, the unit owners' association may condition 20250SB0561PN0553 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 approval on the unit owner bearing the expense of the cost of the additional improvements against the unit of each unit owner that seeks permission to install a charging station. (8) Unless the unit owner and the unit owners' association agree otherwise: (i) A charging station installed under this section is deemed to be the personal property of the unit owner of the unit with which the charging station is associated. (ii) The unit owner must remove the charging station and restore the premises to the condition before installation of the charging station before the unit owner transfers ownership of the unit, unless the prospective buyer of the unit accepts ownership and all rights and responsibilities that apply to the charging station under this section. (9) Installation of the charging station shall minimally require the following: (i) A pedestal, or similar, charging station that is hard-wired into the electrical system that must be a certified electrical product. (ii) If the unit owner owns the charging station, the unit owner shall: (A) Maintain a homeowner liability insurance policy in an amount not less than $1,000,000 that includes coverage of the charging station. (B) Name the unit owners' association as a named additional insured under the policy with a right to notice of cancellation of the policy. (10) In an action between a unit owner and a unit 20250SB0561PN0553 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 owners' association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. § 4222. Electric vehicle charging stations. Notwithstanding contrary provisions of a declaration or bylaws of a cooperative: (1) A proprietary lessee may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the proprietary lessee, in compliance with the requirements of this section: (i) in a space assigned to the unit and used for the parking or storage of automobiles, trucks, boats, campers or other vehicles; or (ii) in a limited common element with the written approval of the proprietary lessee of each unit to which use of the limited common element is reserved. (2) An association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section. (3) When the proprietary lessee complies or agrees to comply with the requirements of this section, the association shall approve the completed application within 60 days after the proprietary lessee submits the application, unless the delay in approving the application is based on a reasonable request for additional information. (4) In addition to such other reasonable rules and regulations as the association may adopt, the association : (i) May require a proprietary lessee to submit an application before installing a charging station. (ii) May require the charging station to meet the 20250SB0561PN0553 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 architectural standards of the condominium. (iii) May impose reasonable charges to recover costs of the review and permitting of the charging station. (iv) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station. (5) The charging station must be installed by a qualified electrician that: (i) has completed a State registered electrician apprenticeship program; and (ii) is in compliance with all applicable State or municipality codes, regulations and ordinances regarding electricians. (6) The proprietary lessee is responsible for: (i) All costs associated with installation and use of the charging station, including: (A) The cost of electricity associated with the charging station. (B) The cost of any damage to general common elements, limited common elements and areas subject to the exclusive use of other proprietary lessees that results from the installation, use, maintenance, repair, removal or replacement of the charging station. (C) Filing reports with the Department of Revenue as required under 75 Pa.C.S. Ch. 90 (relating to liquid fuels and fuels tax). (ii) Disclosure to a prospective buyer of the unit 20250SB0561PN0553 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 of the existence of the charging station and the related responsibilities of the proprietary lessee under this section. (7) If the association reasonably determines that the cumulative use of electricity in the cooperative attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the cooperative with a sufficient supply of electricity, or if the association reasonably determines that other improvements are reasonably necessary for the safe use and operation of the charging stations, the association may condition approval of the proprietary lessee bearing the expense of the cost of the additional improvements against the unit of each proprietary lessee that seeks permission to install a charging station. (8) Unless the proprietary lessee and the association agree otherwise: (i) A charging station installed under this section is deemed to be the personal property of the proprietary lessee of the unit with which the charging station is associated. (ii) The proprietary lessee must remove the charging station and restore the premises to the condition before installation of the charging station before the proprietary lessee transfers ownership of the unit, unless the prospective buyer of the unit accepts ownership and all rights and responsibilities that apply to the charging station under this section. (9) Installation of the charging station shall minimally require the following: 20250SB0561PN0553 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (i) A pedestal, or similar, charging station that is hard-wired into the electrical system that must be a certified electrical product. (ii) If the proprietary lessee owns the charging station, the proprietary lessee shall: (A) Maintain a homeowner liability insurance policy in an amount not less than $1,000,000 that includes coverage of the charging station. (B) Name the association as a named additional insured under the policy with a right to notice of cancellation of the policy. (10) In an action between a proprietary lessee and an association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. § 5224. Electric vehicle charging stations. Notwithstanding contrary provisions of a declaration or bylaws of a planned community: (1) A unit owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the unit owner, in compliance with the requirements of this section: (i) in a space assigned to the unit and used for the parking or storage of automobiles, trucks, boats, campers or other vehicles; or (ii) in a limited common element with the written approval of the unit owner of each unit to which use of the limited common element is reserved. (2) An association may not prohibit installation or use of a charging station installed and used in compliance with 20250SB0561PN0553 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 the requirements of this section. (3) When the unit owner complies or agrees to comply with the requirements of this section, the association shall approve the completed application within 60 days after the unit owner submits the application unless the delay in approving the application is based on a reasonable request for additional information. (4) In addition to such other reasonable rules and regulations as the association may adopt, the association : (i) May require a unit owner to submit an application before installing a charging station. (ii) May require the charging station to meet the architectural standards of the planned community. (iii) May impose reasonable charges to recover costs of the review and permitting of the charging station. (iv) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station. (5) The charging station must be installed by a qualified electrician that: (i) has completed a State registered electrician apprenticeship program; and (ii) is in compliance with all applicable State or municipality codes, regulations and ordinances regarding electricians. (6) The unit owner is responsible for: (i) All costs associated with installation and use of the charging station, including: 20250SB0561PN0553 - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (A) The cost of electricity associated with the charging station. (B) The cost of any damage to general common elements, limited common elements and areas subject to the exclusive use of other unit owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station. (C) Filing reports with the Department of Revenue as required under 75 Pa.C.S. Ch. 90 (relating to liquid fuels and fuels tax). (ii) Disclosure to a prospective buyer of the unit of the existence of the charging station and the related responsibilities of the unit owner under this section. (7) If the association reasonably determines that the cumulative use of electricity in the planned community attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the planned community with a sufficient supply of electricity, or if the association reasonably determines that other improvements are reasonably necessary for the safe use and operation of the charging stations, the association may condition approval of the unit owner bearing the expense of the cost of the additional improvements against the unit of each unit owner that seeks permission to install a charging station. (8) Unless the unit owner and the association agree otherwise: (i) A charging station installed under this section is deemed to be the personal property of the unit owner 20250SB0561PN0553 - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 of the unit with which the charging station is associated. (ii) The unit owner must remove the charging station and restore the premises to the condition before installation of the charging station before the unit owner transfers ownership of the unit, unless the prospective buyer of the unit accepts ownership and all rights and responsibilities that apply to the charging station under this section. (9) Installation of the charging station shall minimally require the following: (i) A pedestal, or similar, charging station that is hard-wired into the electrical system that must be a certified electrical product. (ii) If the unit owner owns the charging station, the unit owner shall: (A) Maintain a homeowner liability insurance policy in an amount not less than $1,000,000 that includes coverage of the charging station. (B) Name the association as a named additional insured under the policy with a right to notice of cancellation of the policy. (10) In an action between a unit owner and an association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. Section 2. This act shall take effect in 60 days. 20250SB0561PN0553 - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27