BILL NUMBER: AB 2565 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2014
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 Sections 1947.6 a
nd 1952.7 to the Civil Code, relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2565, as amended, Muratsuchi. Rental property:
electronic electric vehicle charging stations.
Existing law generally regulates the hiring of real property.
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.
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 lease renewed
or extended on or after January 1, 2015, that conveys any possessory
interest in 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. associated with the
commercial or residential property. 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 lessor 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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1947.6 is added to the
Civil Code , to read:
1947.6. (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.
SECTION 1. SEC. 2. 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
lease that is executed, renewed, o r extended on or
after January 1, 2015, that conveys any possessory 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
parking space associated with the commercial or
residential property, or that 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.
(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.
(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.
(b) This section shall not apply to any of the following:
(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.
(2) A commercial property where there are less than 50 parking
spaces.
(3) A residential property where there are less than 5 parking
spaces.
(b)
(c) 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 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
electric vehicle into one or more electric vehicles.
(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.
(2)
(3) "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)
(d) 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)
(e) 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)
(f) 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
complies with the applicable provisions of the lease consistent
with the provisions of this section an d
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.
cancellation and property insurance covering any damage or
destruction caused by the charging station, naming the lessor as its
interests may appear.
(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)
(g) A lessor may may, in its
sole discretion, create a new parking space where one did not
previously exist to facilitate the installation of an electric
vehicle charging station. station, in
compliance with all applicable laws.
(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.
(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.