Amended in Assembly May 27, 2014

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 begin delete Section end delete begin insert Sections 1947.6 and end insert 1952.7 to the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 2565, as amended, Muratsuchi. Rental property: begin delete electronic end delete begin insert electric end insert vehicle charging stations.

begin insert

Existing law generally regulates the hiring of real property.

end insert begin insert

This bill would require a lessor of a dwelling to approve a written request of a lessee to install an electric vehicle charging station at the lessee’s designated parking space if the electric vehicle charging station and all modifications and improvements made to the leased premises meet all applicable health and safety standards and requirements imposed by federal, state, and local law, and all applicable zoning requirements, land use requirements, and covenants, conditions, and restrictions, the lessee’s written request to make a modification to the leased premises in order to install and use an electric vehicle charging station includes his or her consent to enter into a written agreement including specified provisions, including compliance with the lessor’s requirements for the installation, use, and removal of the charging station and installation of the infrastructure for the charging station, and the lessee maintains in full force and effect a $1,000,000 lessee liability coverage policy, as specified.

end 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.

This bill would void any term in a begin delete lease, contract, or other instrument affecting the lease of end delete begin insert lease renewed or extended on or after January 1, 2015, that conveys any possessory interest in end insert commercial or residential property that either begin delete effectively end delete prohibits or unreasonably restricts, as defined, the installation or use of an electric vehicle charging station in a begin delete lessee’s designated end delete parking space begin delete or a parking space in a common area or that is otherwise in conflict with its provisions. end delete begin insert associated with the commercial or residential property. end insert 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 begin delete lessee end delete begin insert lessor end insert as an insured. begin delete 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 delete

Vote: majority. Appropriation: no. Fiscal committee: no. 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 1947.6 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

begin insert 1947.6. end insert   

(a) A lessor of a dwelling shall approve a written
request of a lessee to install an electric vehicle charging station
at the lessee’s designated parking space in accordance with this
section and in the same manner as a lessee’s request to make a
modification to the leased premises.

(b) This section does not apply to residential rental properties
where an electric vehicle charging station has already been
installed or where parking is not provided as part of the lease
agreement.

(c) For purposes of this section, “electric vehicle charging
station” or “charging station” means an electric vehicle supply
equipment station that is designed and built in compliance with
the Article 625 of the National Electrical Code, as it reads on the
effective date of this section, and delivers electricity from a source
outside an electrical vehicle into a plug-in electrical vehicle.

(d) An electric vehicle charging station and all modifications
and improvements made to the leased premises shall meet all
applicable health and safety standards and requirements imposed
by federal, state, and local law, and all applicable zoning
requirements, land use requirements, and covenants, conditions,
and restrictions.

(e) A lessee’s written request to make a modification to the
leased premises in order to install and use an electric vehicle
charging station shall include, but is not limited to, his or her
consent to enter into a written agreement that includes, but is not
limited to, the following:

(1) Compliance with the lessor’s requirements for the
installation, use, and removal of the charging station and
installation of the infrastructure for the charging station.

(2) Compliance with the lessor’s requirements for the lessee to
provide an analysis of the financial and physical feasibility of the
installation of the charging station and its infrastructure.

(3) Obligation of the lessee to pay the lessor all costs associated
with installing the charging station and its infrastructure prior to
any modification or improvement being made to the leased
premises. The costs associated with installation shall include, but
are not limited to, written identification of how, where, and when
the modifications and improvements will be made, and the permits,
construction contracts, performance bond, and assessments
identified for the proposed modifications.

(4) Obligation of the lessee to pay for the costs associated with
the electrical usage of the charging station, damage, maintenance,
repair, removal, and replacement of the charging station, and
modifications or improvements made to the leased premises
associated with the charging station.

(f) The lessee shall maintain in full force and effect 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 commencing with the date of approval of
construction until the lessee forfeits possession of the dwelling to
the lessor.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 1952.7 is added to the Civil Code, to read:

1952.7.  

(a) (1) Any term in a begin delete lease, contract, security
instrument, or other instrument affecting the lease of any end delete begin insert lease
that is executed, renewed, or extended on or after January 1, 2015,
that conveys any possessory end insert interest in commercial or residential
property that either begin delete effectively end delete prohibits or unreasonably restricts
the installation or use of an electric vehicle charging station in a
begin delete 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 end delete begin insert parking space associated with the commercial or
residential property, or that is end insert 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.

begin insert

(3) This subdivision shall not grant the holder of a possessory
interest under the lease described in paragraph (1) the right to
install electric vehicle charging stations in more parking spaces
than are allotted to the lease holder in his or her lease, or, if no
parking spaces are allotted, a number of parking spaces determined
by multiplying the total number of parking spaces located at the
commercial or residential property by a fraction, the numerator
of which is the total rentable square feet at the property, and the
denominator of which is the number of total square feet rented by
the lease holder.

end insert begin insert

(4) If the installation of an electric vehicle charging station has
the effect of granting the lease holder a reserved parking space
and a reserved parking space is not allotted to the lease holder in
the lease, the owner of the commercial or residential property may
charge a reasonable monthly rental amount for the parking space.

end insert begin insert

(b) This section shall not apply to any of the following:

end insert begin insert

(1) A commercial property where charging stations already
exist for use by tenants in a ratio that is equal to or greater than
two available parking spaces for every 100 parking spaces at the
commercial property.

end insert begin insert

(2) A commercial property where there are less than 50 parking
spaces.

end insert begin insert

(3) A residential property where there are less than 5 parking
spaces.

end insert begin delete

(b)

end delete

begin insert (c) end insert  For purposes of this section:

(1) “Electric vehicle charging station” or “charging station”
means a station that is designed in compliance with begin delete the California
Building Standards Code end delete begin insert Article 625 of the National Electrical
Code, as it reads on the effective date of this section, end insert and delivers
electricity from a source outside an electric vehicle into one or
more electric vehicles.

begin insert

(2) “Reasonable costs” includes, but is not limited to, costs
associated with those items specified in the “Permitting Checklist”
of the “Zero-Emission Vehicles in California: Community
Readiness Guidebook” published by the Office of Planning and
Research.

end insert begin delete

(2)

end delete

begin insert (3) end insert  “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.

begin delete

(c)

end delete

begin insert (d) end insert  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.

begin delete

(d)

end delete

begin insert (e) end insert  If lessor approval is required for the installation or use of an
electric vehicle charging station, the application for approval begin delete 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 end delete shall not be willfully avoided or delayed. The approval or
denial of an application shall be in writing. begin delete 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. end delete

begin delete

(e)

end delete

begin insert (f) end insert  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
begin insert complies with the applicable provisions of the lease consistent
with the provisions of this section end insert begin insert an end insert begin insert d end insert 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).

begin delete

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

end delete

(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 begin delete cancellation. end delete begin insert cancellation and
property insurance covering any damage or destruction caused
by the charging station, naming the lessor as its interests may
appear. end insert

begin delete

(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.

end delete begin delete

(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.

end delete begin delete

(h)

end delete

begin insert (g) end insert  A lessor begin delete may end delete begin insert may, in its sole discretion, end insert create a new parking
space where one did not previously exist to facilitate the installation
of an electric vehicle charging begin delete station. end delete begin insert station, in compliance with
all applicable laws. end insert

begin delete

(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 delete begin insert

(h) Any installation by a lessor or a lessee of an electric vehicle
charging station in a common interest development is also subject
to all of the requirements of subdivision (f) of Section 4745 of the
Civil Code.

end insert