BILL ANALYSIS Ó
SB 880
Page 1
Date of Hearing: January 11, 2012
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
SB 880 (Corbett) - As Amended: September 7, 2011
SENATE VOTE : Not relevant
SUBJECT : Common interest developments: electric vehicle
charging stations
SUMMARY : Makes changes to the rules on installation of
electric vehicle charging stations in common interest
developments (CIDs). Specifically, this bill :
1)Specifies that the governing documents of a CID may not
prohibit the installation of an electric vehicle charging
station in an owner's designated parking space, including but
not limited to a deed-restricted parking space, a parking
space in an owner's exclusive use common area, or a parking
space that is specifically designated for use by a particular
owner.
2)Requires an electric vehicle charging stations to meet any
applicable zoning, land use, or other ordinances, or land use
permits.
3)Provides that an association may only authorize the
installation of an electric vehicle charging station in a
common area that is not an exclusive use common area if it is
impossible or unreasonably expensive to install the station in
the owner's designated parking space.
4)Requires an association to enter into a licensing agreement
with an owner for the use of space in a common area for an
electric vehicle charging station.
5)Provides that an association or the owners in an association
may install an electric vehicle charging station in the common
area for the use of all the owners of the association and the
association shall develop the terms of use for the charging
station.
6)Allows an association to create a new parking space where one
did not previously exist to facilitate the installation of an
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electric vehicle charging station.
7)Provides that the affirmative vote of the owners of an
association is not needed to install and use an electric
vehicle charging station in an owner's garage or a designated
parking space if the installation or use of the charging
station requires access through or across the common area for
the utility lines or meters or to install and use an electric
vehicle charging station through a license granted to an
owner.
EXISTING LAW
1)Defines "governing documents" as the Covenants, Conditions and
Restrictions (CC&Rs); bylaws; operating rules; articles of
incorporation; and any other documents which govern the
homeowners association (HOA) (Civil Code Section 1351).
2)Prohibits a covenant, restriction, or condition contained in
any deed, contract, or security instrument affecting the
transfer or sale of, or any interest in, real property, from
preventing or restricting installation or use of a solar
energy system (Civil Code Section 714).
3)Allows an HOA to impose reasonable restrictions on the
installation of solar energy systems in common areas and
requires an owner to obtain the approval of the HOA prior to
installing a solar energy system in another owner's separate
interest (Civil Code Section 714.1).
4)Provides that it is the policy of the state to promote and
encourage the use of solar energy systems and to remove
obstacles to their installation. Finds that reasonable
restrictions on solar energy systems are those restrictions
that do no significantly increase the cost of the system or
significantly decrease efficiency (Civil Code Section 714).
5)Requires solar energy systems to meet appropriate health and
safety standards and specified national certification
standards (Civil Code Section 714).
6)Makes void and unenforceable any covenant, restriction or
conditions contained in any deed, contract, security
instrument, or other instrument in a CID that prohibits or
restricts the installation of an electric vehicle charging
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stations (Civil Code 1353.9).
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 in CIDs. CIDs
include condominiums, community apartment projects, housing
cooperatives, and planned unit developments. They are
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 oversight to these communities.
The governing documents of CIDs generally require approval of
the HOA owner's 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/her separate unit. In 2008, AB
1892 (Smyth), Chapter 40, clarified 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.
Last year, SB 209 (Corbett), Chaptered 121, Statutes of 2011,
prohibited the governing documents of an association from
denying or restricting the installation of an electric charging
station by an owner in a CID. The bill specified conditions for
the installation of an electric charging station in the common
area of a CID.
Although the Governor signed the bill he included the following
signing message:
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Senate Bill 209 advances the important state interests of
lowering vehicle emissions and of decreasing dependency of
foreign oil. These interests are advanced statutorily by
removing unreasonable burdens in common interest
developments to the installation of plug-in vehicle
charging stations. Charging stations are part of the
infrastructure that must be built in integrate electric
vehicles into our daily lives by allowing plug-in vehicles
to be recharged faster and to minimize impact to the
electrical grid. I enthusiastically support this bill.
This bill, unfortunately, contains language that could
permit individual homeowners to unreasonably use or occupy
common areas. The author has assured me that she will
pursue legislation that clearly protects the rights of the
common interest development to establish reasonable rules
for any use of common areas for charging stations.
SB 880 attempts to address the Governor's signing message by
clarifying the circumstances in which an electric charging
station may be installed in the common area. The bill allows a
charging station to be installed in the common area for one
individual to use if installation in the owner's own parking
space is impossible or unreasonably expensive. The owner is
required to enter into a licensing agreement with the
association and to maintain insurance and comply with various
installation and usage requirements outlined by SB 209. The
bill also allows the association to install a charging station
in the common area if it is available to all owners and after
developing appropriate terms for the use of the station.
Finally, the bill adds a provision allowing the association to
create a new parking space if it is necessary to facilitate the
installation of a charging station.
Committee Amendments :
1)Adds an urgency clause;
2)On page 3, line 9 after "prohibits or" insert "unreasonably";
3)On page 5, line 19 after "station" insert "for the exclusive
use of an owner";
4)On page 5, line 21 after "space" delete "that is owned in fee
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or as an exclusive use easement";
5)On page 5, line 25, after "and" insert "owner";
6)On page 6, in line 39 after "(G)" insert, "(i)"; and
7)On page 7, in line 3, strike out "meters, or to" and insert
"meters ( ii) To"
Double referred : The Assembly Committee on Rules referred SB
880 to the Committee on Housing and Community Development and
Judiciary. If SB 880 passes this committee, the bill must be
referred to the Committee on Judiciary.
REGISTERED SUPPORT / OPPOSITION :
Support
Plug In America
Opposition
None on file.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085