BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 880|
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UNFINISHED BUSINESS
Bill No: SB 880
Author: Corbett (D), et al.
Amended: 1/23/12
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 56-19, 1/30/12 - See last page for vote
SUBJECT : Common interest developments: electric vehicle
charging
station
SOURCE : Author
DIGEST : This bill makes changes to the rules on
installation of electric vehicle charging stations in
common interest developments.
Assembly Amendments delete the Senate version of the bill
which dealt with environmental impact reports and add the
current language.
ANALYSIS : Existing law:
1.Provides that any covenant, restriction, or condition
contained in any deed, contract, or other instrument
affecting the transfer or sale of any interest in a
community interest development (CID), and any provision
of a governing document, that effectively prohibits or
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restricts the installation or use of an electric vehicle
charging station is void and unenforceable.
2.Permits the managing association of a CID (association)
to impose "reasonable" restrictions on electric vehicle
charging stations, defined as restrictions that do not
significantly increase the cost of the station or
decrease its efficiency or performance.
3.Requires the association to process and approve an
application 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.
Further requires the approval or denial of the
application to be in writing, and provides that if an
application is not denied within 60 days of receipt, then
the application will be deemed approved unless the delay
was the result of a reasonable request for additional
information.
4.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 from the
association to install the electric vehicle charging
station. Further provides that the association shall
approve the installation if the homeowner agrees in
writing to do all the following:
A. Comply with the association's 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 association as an
additional insurer under the homeowner's insurance
policy;
D. Pay for the electricity usage associated with the
station.
1.Requires that any owner and each successive owner of the
parking stall on which or near where the electric vehicle
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charging station is placed to be responsible for
specified costs associated with installation,
maintenance, and repair, as well as for the duty to
disclose to prospective buyers the existence of the
charging station and the related responsibilities of the
homeowner.
2.Provides that an association that willfully violates
these provisions is liable to the applicant or other
party for actual damages and shall pay a civil penalty to
the applicant or other party in an amount not to exceed
$1000, and entitles a prevailing plaintiff to reasonable
attorney fees in any action to enforce compliance with
these provisions.
3.Provides that after an association acquires fee title to,
or any easement right over, a common area, an approval of
at least 67 percent of the members owning separate
interests in the CID is required (unless the governing
documents specify a different percentage) to allow the
board of directors to grant exclusive use of any portion
of that common area to a member, with specified
exceptions.
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.
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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 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.
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
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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 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
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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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 2/1/12)
California Electric Transportation Coalition
Plug In America
Community Associations Institute of California
Personal Insurance Federation
Executive Council of Homeowners
ARGUMENTS IN SUPPORT : This bill is supported by Plug In
America, a Santa Cruz-based organization who describes
itself as "representing millions of potential future
consumers of plug-in hybrids and fully electric vehicles."
In its letter of support, they write:
Plug In America enthusiastically endorses SB 880,
which will accelerate the market deployment off
electric vehicles by promoting the implementation of
plug-in charging infrastructure in condominium and
other multi-family dwellings. SB 880 will
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significantly reduce the barriers for installation of
electric vehicle charging in this kind of residence so
that these plug-in vehicles can be more widely
deployed. We support this bill because it will
support the consumers who will drive demand for the
next generation of clean efficient vehicles which run
on domestic electricity.
ASSEMBLY FLOOR : 56-19, 1/30/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Chesbro, Cook,
Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Bonnie
Lowenthal, Ma, Mendoza, Miller, Mitchell, Monning,
Nestande, Pan, Perea, Portantino, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Donnelly, Beth
Gaines, Garrick, Grove, Halderman, Harkey, Jones, Knight,
Logue, Mansoor, Morrell, Nielsen, Norby, Olsen, Silva,
Wagner
NO VOTE RECORDED: Cedillo, Gorell, Hagman, Lara, V. Manuel
Pérez
JJA:nl 2/1/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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