BILL ANALYSIS Ó
SB 209
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SENATE THIRD READING
SB 209 (Corbett)
As Amended June 6, 2011
Majority vote
SENATE VOTE :25-14
HOUSING 6-0 JUDICIARY 7-3
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|Ayes:|Torres, Bradford, |Ayes:|Feuer, Atkins, Dickinson, |
| |Cedillo, Hueso, Jeffries, | |Huber, Huffman, Monning, |
| |Miller | |Wieckowski |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Wagner, Beth Gaines, |
| | | |Jones |
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SUMMARY : Makes void and unenforceable any covenant, restriction
or conditions contained in any deed, contract, security
instrument, or other instrument in a common interest development
(CID) that prohibits or restricts the installation of an
electric vehicle charging stations. Specifically, this bill :
1)Defines an "electric vehicle charging station" as the
following:
a) designed in compliance with the California Building
Standards;
b) delivers electricity from a source outside an electric
vehicle into one or more electric vehicles;
c) may include several charge points simultaneously
connecting several electric vehicles to the station; and,
d) any related equipment needed to facilitate charging
plug-in electric vehicles.
1)Permits the application of reasonable restrictions on electric
vehicle charging stations.
2)Declares that it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
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charging stations.
3)Defines "reasonable restrictions" as those that do not
significantly increase the cost of the station or decrease its
efficiency or performance.
4)Requires electric vehicle charging stations to meet applicable
health and safety standards and requirements imposed by state
and local permitting authorities.
5)Requires a homeowners association (HOA) to process and approve
a request to install an electric charging station in the same
manner as an architectural modification to the property and to
not willfully delay or avoid approval.
6)Requires the approval or denial of an electric vehicle
charging station to be in writing.
7)Provides that if an application is not denied within 60 days
from the date it is received the application will be deemed
approved unless the delay was a result of a reasonable request
for additional information.
8)Provides that if an electric vehicle charging station is to be
placed in the common area or an exclusive use common area, the
owner must obtain approval to install the electric vehicle
charging station.
9)Provides that if an electric vehicle charging station is to be
placed in the common area or an exclusive use common area, the
homeowner must agree in writing to all the following:
a) comply with the architectural standards for
installation;
b) engage a licensed contractor to install the station;
c) within 14 days of approval provide a certification of
insurance that names the HOA as an additional insurer under
the homeowner's insurance policy; and,
d) pay for the electricity usage associated with the
station.
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1)Requires that any owner and each successive owner of the
parking stall on which or near where the electric vehicle
charging station is placed is responsible for all of the
following:
a) cost for any damage to the station, common areas,
exclusive common areas, or adjacent units resulting from
the installation, maintenance, repair, removal or
replacement of the station;
b) cost for the maintenance, removal, repair and
replacement of the electric vehicle charging station until
it has been removed from the common area or exclusive use
common area;
c) the cost of electricity associated with the station;
and,
d) disclosing to prospective buyers the existence of any
electric vehicle charging station and the related
responsibilities of the homeowner.
1)Requires any homeowner and each successive homeowner to
maintain an umbrella liability coverage policy for $1 million
and name the HOA as an additional insured under the policy
with a right to notice of cancellation.
2)Provides that an HOA that willfully violates this section is
liable for actual damages and shall pay a civil penalty to the
applicant in an amount not to exceed $1000.
3)Provides in any action to enforce compliance with this section
the prevailing plaintiff is entitled to reasonable attorney
fees.
FISCAL EFFECT : None
COMMENTS : There are over 47,000 CIDs in the state that range in
size from three to 27,000 units. CIDs make up over six million
total housing units which represents approximately one quarter
of the state's housing stock. In the 1990s, over 60% of all
residential construction starts in the state were CIDs. CIDs
include condominiums, community apartment projects, and housing
cooperatives, and planned unit developments. They are
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characterized by a separate ownership of dwelling space coupled
with an undivided interest in a common property, restricted by
covenants and conditions that limit the use of common area, and
the separate ownership interests and the management of common
property and enforcement of restrictions by an association.
CIDs are governed by the Davis Stirling Act (Civil Code Section
1350 et al.) as well as the governing documents of the
association including the bylaws, declaration, and operating
rules. Except when CIDs are first developed, no state agency
provides ongoing oversight to these communities.
The governing documents of CIDs generally require approval of
the HOA before an owner can make improvements or alterations to
their separate interests. HOAs are required to provide a fair,
reasonable, and expeditious procedure for reviewing applications
for improvements or alterations. In the case of the
installation of energy savings technology, the Legislature has
taken proactive steps to ensure that HOAs cannot deny a
homeowner's request to make changes to his or her separate unit.
In 2008, AB 1892 (Smyth), Chapter 40, Statutes of 2008
clarifies that any provision of the governing documents of a CID
that prohibits or restricts the installation or use of a solar
energy system is considered void and unenforceable.
According to the author, existing law allows for a CID to deny
an application for installation of electric vehicles. This bill
seeks to address that problem by making void a prohibition on
the installation of electric vehicles in CID governing
documents. The author offers as evidence for the need for the
bill, a recent case in Hawaii where a homeowner in a CID was
denied the right to install an electric charging device. This
bill is an effort to preempt a potential problem in this state
but making clear that the Legislature supports homeowner's
rights to charge electric vehicles.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0001354
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