BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 209|
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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
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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.
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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
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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
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