Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2565

Introduced by Assembly Member Muratsuchi

February 21, 2014

An act to add Section begin delete 22511.2 to the Vehicle Code, relating to vehicles. end delete begin insert 1952.7 to the Civil Code, relating to tenancy. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2565, as amended, Muratsuchi. begin delete Electric vehicles: offstreet parking facilities. end delete begin insert Rental property: electronic vehicle charging stations. end insert

begin insert

Existing law regulates the terms and conditions of residential and commercial tenancies. Existing law defines and regulates common interest developments and voids any condition affecting the transfer or sale of an interest in a common interest development that prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a designated parking space in the development, as specified.

end insert begin insert

This bill would void any term in a lease, contract, or other instrument affecting the lease of commercial or residential property that either effectively prohibits or unreasonably restricts, as defined, the installation or use of an electric vehicle charging station in a lessee’s designated parking space or a parking space in a common area or that is otherwise in conflict with its provisions. The bill would prescribe requirements for lessor approval of a lessee request to install or use an electronic vehicle charging station and would require that a lessor approve a request to install a charging station if the lessee agrees in writing to do specified acts, including paying for various costs associated with the charging station and maintaining insurance naming the lessee as an insured. The bill would provide that a lessor that willfully violates its provisions is liable to a lessee applying to install the electric vehicle charging station for actual damages and a civil penalty not to exceed $1,000. The bill would require, in any action to enforce compliance with these provisions, that a prevailing plaintiff be awarded reasonable attorney’s fees.

end insert begin delete

Existing law authorizes a local authority, by ordinance or resolution, and a person in lawful possession of an offstreet parking facility, to designate stalls or spaces for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Existing law also authorizes the removal of a vehicle from an offstreet parking facility if the vehicle is not connected for electric charging purposes.

end delete begin delete

This bill would require, on or before July 1, 2015, an offstreet parking facility with more than 50 parking stalls or spaces to have at least 1% of the parking stalls or spaces within that facility designated for the exclusive use of electric vehicles and equipped with electric charging stations, as defined. The bill would authorize an owner or person or entity in lawful possession of multiple offstreet parking facilities within a one-mile radius to designate fewer parking stalls or spaces for electric vehicles in one or more facilities, if the total number of electric vehicle stalls or spaces, for all facilities within the one-mile radius, equals the number that would otherwise be required. The bill would prohibit a parking stall or space designated for this purpose from displacing or reducing certain accessible stalls or spaces required by federal Americans with Disabilities Act Accessibility Guidelines.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1952.7 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

begin insert 1952.7. end insert   

(a) (1) Any term in a lease, contract, security
instrument, or other instrument affecting the lease of any interest
in commercial or residential property that either effectively
prohibits or unreasonably restricts the installation or use of an
electric vehicle charging station in a lessee’s designated parking
space, including, but not limited to, an assigned parking space, a
parking space in a common area, or a parking space that is
specifically designated for use by a particular lessee, or is
otherwise in conflict with the provisions of this section, is void and
unenforceable.

(2) This subdivision does not apply to provisions that impose
reasonable restrictions on the installation of electric vehicle
charging stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.

(b) For purposes of this section:

(1) “Electric vehicle charging station” or “charging station”
means a station that is designed in compliance with the California
Building Standards Code and delivers electricity from a source
outside an electric vehicle into one or more electric vehicles.

(2) “Reasonable restrictions” or “reasonable standards” are
restrictions or standards that do not significantly increase the cost
of the electric vehicle charging station or its installation or
significantly decrease the charging station’s efficiency or specified
performance.

(c) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state
and local authorities as well as all other applicable zoning, land
use, or other ordinances, or land use permit requirements.

(d) If lessor approval is required for the installation or use of
an electric vehicle charging station, the application for approval
shall be processed and approved by the lessor in the same manner
as an application for approval of a lessee modification to the
property, and shall not be willfully avoided or delayed. The
approval or denial of an application shall be in writing. If an
application is not denied in writing within 60 days from the date
of receipt of the application, the application shall be deemed
approved, unless that delay is the result of a reasonable request
for additional information.

(e) An electric vehicle charging station installed by a lessee
shall satisfy the following provisions:

(1) If lessor approval is required, the lessee first shall obtain
approval from the lessor to install the electric vehicle charging
station and the lessor shall approve the installation if the lessee
agrees in writing to do all of the following:

(A) Comply with the lessor’s reasonable standards for the
installation of the charging station.

(B) Engage a licensed contractor to install the charging station.

(C) Within 14 days of approval, provide a certificate of
insurance that names the lessor as an additional insured under
the lessee’s insurance policy in the amount set forth in paragraph
(3).

(D) Pay for the electricity usage associated with the charging
station.

(2) The lessee shall be responsible for all of the following:

(A) Costs for damage to property and the charging station
resulting from the installation, maintenance, repair, removal, or
replacement of the charging station.

(B) Costs for the maintenance, repair, and replacement of the
charging station.

(C) The cost of electricity associated with the charging station.

(3) The lessee at all times, shall maintain a lessee liability
coverage policy in the amount of one million dollars ($1,000,000),
and shall name the lessor as a named additional insured under
the policy with a right to notice of cancellation.

(f) Except as provided in subdivision (g), installation of an
electric vehicle charging station for the exclusive use of a lessee
in a common area, that is not an exclusive use common area, shall
be authorized by the lessor if installation in the lessee’s designated
parking space is impossible or unreasonably expensive and the
lessor complies with the requirements in subdivision (e). In this
case, the lessor shall enter into a license agreement with the lessee
for the use of the space in the common area.

(g) The lessor or the lessee may install an electric vehicle
charging station in the common area for the use of all lessees of
the lessor and, in that case, the lessor shall develop appropriate
terms of use for the charging station.

(h) A lessor may create a new parking space where one did not
previously exist to facilitate the installation of an electric vehicle
charging station.

(i) A lessor that willfully violates this section shall be liable to
the lessee applying to install the electric vehicle charging station
for actual damages, and shall pay a civil penalty to the lessee in
an amount not to exceed one thousand dollars ($1,000). In any
action to enforce compliance with this section, the prevailing
plaintiff shall be awarded reasonable attorney’s fees.

end insert

begin delete

  

 

SECTION 1.  

Section 22511.2 is added to the Vehicle Code,
to read:

22511.2.  

(a) Notwithstanding any other law, on or before July
1, 2015, an offstreet parking facility with more than 50 parking
stalls or spaces shall have at least 1 percent of those parking stalls
or spaces designated for the exclusive use of electric vehicles and
equipped with electric charging stations. Designated spaces shall
be clearly marked and the exclusive designation shall be enforced.

(b) The owner or person or entity in lawful possession of
multiple offstreet parking facilities within a one-mile radius may
designate fewer parking stalls or spaces for electric vehicles in one
or more of those facilities, if the total number of electric vehicle
stalls or spaces, for all facilities within the one-mile radius, equals
the number that would otherwise be required by subdivision (a).

(c) A parking space or stall designated pursuant to this section
shall not displace or reduce accessible stalls or spaces required by
the federal Americans with Disabilities Act Accessibility
Guidelines.

(d) For purposes of this section, the following terms have the
following meanings:

(1) “Electric vehicle” means a vehicle that uses a plug-in battery
to provide all or part of the motive power of the vehicle, including
battery electric, plug-in hybrid electric, or plug-in fuel cell vehicles.

(2) “Electric vehicle charging station” means a parking stall or
space served by electric vehicle service equipment.

(3) “Electric vehicle service equipment” means an electronic
component assembly or cluster of component assemblies designed
specifically to charge batteries within electric vehicles by
permitting the transfer of electric energy to a battery or other
storage device in an electric vehicle that meets both of the
following requirements:

(A) The component assembly or assemblies meet recognized
standards for conductive charging of electric vehicles, including
standard SAE J1772 of SAE International.

(B) The component assembly or assemblies are designated and
installed in compliance with Article 625 of the California Electrical
Code.

end delete