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