BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 209|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 209
          Author:   Corbett (D), et al.
          Amended:  4/5/11
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  7-2, 3/29/11
          AYES:  DeSaulnier, Harman, Kehoe, Lowenthal, Pavley, Rubio, 
            Simitian
          NOES:  Gaines, Huff


           SUBJECT :    Common interest developments:  electric vehicle 
          charging 
                      stations

           SOURCE  :     Author


           DIGEST  :    This bill provides that a prohibition or 
          restriction on the installation or use of an electrical 
          vehicle charging station in any of the governing documents 
          of a common interest development is void and unenforceable. 
           

           ANALYSIS  :    A common interest development (CID) is a form 
          of real estate in which each homeowner has an exclusive 
          interest in a unit or lot and a shared or undivided 
          interest in common area property.  Within a CID, exclusive 
          use common area is a part of the undivided common area that 
          is reserved for use by a particular homeowner, such as a 
          parking stall or patio.  Condominiums, planned unit 
          developments, stock cooperatives, community apartments, and 
                                                           CONTINUED





                                                                SB 209
                                                                Page 
          2

          many resident-owned mobilehome parks all fall under the 
          umbrella of common interest developments.  Each CID is 
          governed by a homeowners' association board elected by the 
          members.  The members of the CID are bound by the CC&Rs 
          (covenants, conditions, and restrictions) that are recorded 
          against each individual unit.  In addition, associations 
          adopt articles of incorporation, articles of association, 
          and bylaws for the governance of the CID as well as 
          operating rules that govern the behavior of members and 
          their guests.  Collectively, these documents are referred 
          to as the governing documents of the association.  

          Current law voids CID governing documents in a number of 
          instances, such as where they prohibit or restrict solar 
          energy systems, low water-using plants, or displays on 
          non-commercial signs, including the American flag.   
           
           This bill provides that a provision of a CID governing 
          document that effectively prohibits or unreasonably 
          restricts the installation or use of an electrical vehicle 
          charging station is void and unenforceable.  This bill 
          further:

          1. Allows a CID to impose reasonable restrictions that do 
             not significantly increase the cost of the station or 
             significantly decrease the station's efficiency or 
             performance.

          2. Requires the station to meet state and local building 
             and safety standards.

          3. Provides that if a CID requires approval of the 
             installation of the charging station, then the CID must 
             approve or deny the application in writing within 60 
             days, unless the delay is a result of a reasonable 
             request for additional information.

          4. For charging stations located in a common area or 
             exclusive use common area, requires the homeowner to 
             obtain approval from the CID to install the charging 
             station and agree in writing to:

                   Comply with the CID's design specifications.
                   Engage a licensed contractor.

                                                           CONTINUED





                                                                SB 209
                                                                Page 
          3

                 Within 14 days of approval by the CID, provide a 
               certificate of insurance that names the CID as an 
               additional insured on the homeowner's insurance 
               policy.
                 Pay for the electricity usage associated with the 
               station.

          5. For charging stations located in a common area or 
             exclusive use common area, requires the homeowner and 
             successive homeowners to maintain an insurance policy 
             naming the CID and to be responsible for any 
             maintenance, removal, repair, and replacement costs for 
             the station as well as any damages related to the 
             station.

          6. Subjects a CID that willfully violates this bill to 
             actual damages, a civil penalty up to $1,000, and 
             attorney's fees.

           Related legislation  .  SB 730 (Kehoe) requires a city or 
          county to make available an online building permit form for 
          residential and nonresidential property owners who seek to 
          install electric vehicle charging equipment, to approve 
          such permits within 24 hours of receipt, and to review the 
          work completed under the permit within seven days.  The 
          bill is currently in the Senate Environmental Quality 
          Committee.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  4/5/11)

          Alliance of Automobile Manufacturers
          Natural Resources Defense Council
          Plug In America
          South Coast Air Quality Management District
          Union of Concerned Scientists


           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          in order for electric vehicles to proliferate, it is 
          important that early consumers have a positive experience.  
          Installing a home charging station is one of the key 

                                                           CONTINUED





                                                                SB 209
                                                                Page 
          4

          elements to electric vehicle ownership, and according to 
          the author's office, incidences of CIDs blocking the 
          installation of electric vehicle chargers have arisen.  If 
          such prohibitions or restrictions become common, 
          Californians living in CIDs will be shut out of driving 
          clean electric vehicles.  This bill seeks to eliminate 
          obstacles that currently impact or will impact electrical 
          vehicle owners in CIDs.  By facilitating home stations, 
          this bill will also encourage off-peak charging for 
          electric vehicles, thereby reducing the impact on the 
          electric grid.


          RJG:mw  4/5/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          


























                                                           CONTINUED