BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 209|
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UNFINISHED BUSINESS
Bill No: SB 209
Author: Corbett (D), et al.
Amended: 6/6/11
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 7-2, 3/29/11
AYES: DeSaulnier, Harman, Kehoe, Lowenthal, Pavley, Rubio,
Simitian
NOES: Gaines, Huff
SENATE FLOOR : 25-14, 4/25/11
AYES: Alquist, Blakeslee, Calderon, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno,
Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley,
Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Yee
NOES: Anderson, Berryhill, Cannella, Dutton, Emmerson,
Fuller, Gaines, Harman, Huff, La Malfa, Runner,
Strickland, Walters, Wyland
NO VOTE RECORDED: Wright
ASSEMBLY FLOOR : 55-19, 7/5/11 - See last page for vote
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
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vehicle charging station in any of the governing documents
of a common interest development is void and unenforceable.
Assembly Amendments clarify the definition of "electric
vehicle charging station," require disclosing to
prospective buyers the existence of any electric vehicle
charging station and the related responsibilities of the
homeowner specify the insurance policy required by the
homeowner covering the electric charging station shall be
an umbrella liability coverage policy in the amount of one
million dollars, and provide the common interest
development with a right to notice of cancelation of the
insurance policy.
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
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
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further:
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.
D. Any related equipment needed to facilitate
charging plug-in electric vehicles.
2. Permits the application of reasonable restrictions on
electric vehicle charging stations.
3. Declares that it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric
vehicle charging stations.
4. Defines "reasonable restrictions" as those that do not
significantly increase the cost of the station or
decrease its efficiency or performance.
5. Requires electric vehicle charging stations to meet
applicable health and safety standards and requirements
imposed by state and local permitting authorities.
6. 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.
7. Requires the approval or denial of an electric vehicle
charging station to be in writing.
8. 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
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reasonable request for additional information.
9. 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.
10.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.
D. Pay for the electricity usage associated with the
station.
11.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.
D. Disclosing to prospective buyers the existence of
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any electric vehicle charging station and the related
responsibilities of the homeowner.
12.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.
13.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 $1,000.
14.Provides in any action to enforce compliance with this
section the prevailing plaintiff is entitled to
reasonable attorney 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/6/11)
Alliance of Automobile Manufacturers
American Lung Association
Bay Area Air Quality Management District
California Electric Transportation Coalition
Natural Resources Defense Council
Plug In America
South Coast Air Quality Management District
Tesla Motors
Union of Concerned Scientists
OPPOSITION : (Verified 7/6/11)
Community Associations Institute
ARGUMENTS IN SUPPORT : According to the author's office,
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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
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.
ASSEMBLY FLOOR : 55-19, 7/5/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Campos, Carter, Cedillo, Chesbro, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hayashi, Roger Hern�ndez, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Lara, Bonnie Lowenthal,
Ma, Mendoza, Miller, Mitchell, Monning, Nestande, Pan,
Perea, V. Manuel P�rez, Portantino, Skinner, Smyth,
Solorio, Swanson, Torres, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Achadjian, Bill Berryhill, Cook, Donnelly, Beth
Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Knight, Mansoor, Morrell, Nielsen, Norby, Olsen, Silva,
Valadao, Wagner
NO VOTE RECORDED: Charles Calderon, Conway, Davis, Gorell,
Hall, Logue
JJA:mw 7/6/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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