BILL ANALYSIS Ó
SB 880
Page 1
SENATE THIRD READING
SB 880 (Corbett)
As Amended January 23, 2012
2/3 vote. Urgency
SENATE VOTE : Not relevant
HOUSING 6-0 JUDICIARY 6-3
-----------------------------------------------------------------
|Ayes:|Torres, Atkins, Cedillo, |Ayes:|Feuer, Atkins, Dickinson, |
| |Hueso, Jeffries, Miller | |Huber, Monning, |
| | | |Wieckowski |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Wagner, Beth Gaines, |
| | | |Jones |
-----------------------------------------------------------------
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 a CID 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
SB 880
Page 2
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
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.
8)Provides that a homeowner liability coverage policy is not
required if a homeowner uses an existing National Electrical
Manufacturers Association standard alternating current power
plug to charge his or her car.
9)Includes an urgency clause.
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
SB 880
Page 3
the homeowner's association (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, 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:
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.
This bill 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
SB 880
Page 4
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.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0003062