BILL NUMBER: AB 2565 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 21, 2014
An act to add Section 22511.2 to the Vehicle Code,
relating to vehicles. 1952.7 to the Civil Code,
relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2565, as amended, Muratsuchi. Electric vehicles:
offstreet parking facilities. Rental property:
electronic vehicle charging stations.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1952.7 is added to the
Civil Code , to read:
1952.7. (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.
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.