Amended in Senate August 19, 2014

Amended in Senate June 16, 2014

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 Sections 1947.6 and 1952.7 to the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 2565, as amended, Muratsuchi. Rental property: electric vehicle charging stations.

Existing law generally regulates the hiring of real property.

This bill would, for any lease executed, renewed, or extended on and after July 1, 2015, require a lessor of a dwelling to approve a written request of a lessee to install an electric vehicle charging station at begin delete the lessee’s designated parking space end delete begin insert a parking space allotted for the lessee end insert in accordance with specified requirements and that complies with the lessor’s approval process for modification to the property. The bill would except from its provisions specified residential property, including a residential rental property for fewer than 5 parking spaces and one subject to rent control. The bill would require the electric vehicle charging station and all modifications and improvements made to the property comply with federal, state, and local law, and all applicable zoning requirements, land use requirements, and covenants, conditions, and restrictions.

The bill would also require a lessee’s written request to make a modification to the begin delete leased premises end delete begin insert property end insert in order to install and use an electric vehicle charging station include his or her consent to enter into a written agreement including specified provisions, including compliance with the lessor’s requirements for the installation, use, maintenance, and removal of the charging station and installation of the infrastructure for the charging station. The bill would also require the lessee to maintain in full force and effect a $1,000,000 lessee’s general liability insurance 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 renewed or extended on or after January 1, 2015, that conveys any possessory interest in commercial property that either prohibits or unreasonably restricts, as defined, the installation or use of an electric vehicle charging station in a parking space associated with the commercial 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 lessor as an insured.

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) For any lease executed, extended, or renewed on
and after July 1, 2015, a lessor of a dwelling shall approve a written
request of a lessee to install an electric vehicle charging station at
begin delete the lessee’s designated end delete begin insert a end insert parking space begin insert allotted for the lessee end insert that
meets the requirements of this section and complies with the
lessor’s procedural approval process for modification to the
property.

(b) This section does not apply to residential rental properties
where:

(1) Electric vehicle charging stations already exist for lessees
in a ratio that is equal to or greater than 10 percent of the designated
parking spaces.

(2) Parking is not provided as part of the lease agreement.

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

(4) A dwelling that is subject to the residential rent control
ordinance of a public entity.

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

(d) A lessor shall not be obligated to provide an additional
parking space to a lessee in order to accommodate an electric
vehicle charging station.

(e) If the electric vehicle charging station has the effect of
providing the lessee with a reserved parking space, the lessor may
charge a monthly rental amount for that parking space.

(f) An electric vehicle charging station and all modifications
and improvements to the property shall comply with federal, state,
and local law, and all applicable zoning requirements, land use
requirements, and covenants, conditions, and restrictions.

(g) A lessee’s written request to make a modification to the
begin delete leased premises end delete begin insert property end insert 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, maintenance, and removal of the charging station
and installation, use, and maintenance of the infrastructure for the
charging station.

(2) Compliance with the lessor’s requirements for the lessee to
provide a complete financial analysis and scope of work regarding
the installation of the charging station and its infrastructure.

(3) A written description of how, when, and where the
modifications and improvements to the property are proposed to
be made consistent 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.

(4) Obligation of the lessee to pay the lessor all costs associated
with the lessor’s installation of the charging station and its
infrastructure prior to any modification or improvement being
made to the leased property. The costs associated with
modifications and improvements shall include, but are not limited
to, the cost of permits, supervision, construction, begin delete and end delete begin insert and, end insert solely
if required by the contractor, consistent with its past performance
of work for the lessor, performance bonds.

(5) Obligation of the lessee to pay as part of rent for the costs
associated with the electrical usage of the charging station, and
cost for damage, maintenance, repair, removal, and replacement
of the charging station, and modifications or improvements made
to the property associated with the charging station.

(h) The lessee shall maintain in full force and effect a lessee’s
general liability insurance 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.

SEC. 2.  

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

1952.7.  

(a) (1) Any term in a lease that is executed, renewed,
or extended on or after January 1, 2015, that conveys any
possessory interest in commercial property that either prohibits or
unreasonably restricts the installation or use of an electric vehicle
charging station in a parking space associated with the commercial
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 leaseholder 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 property by a fraction, the denominator of which is
the total rentable square feet at the property, and the numerator of
which is the number of total square feet rented by the leaseholder.

(4) If the installation of an electric vehicle charging station has
the effect of granting the leaseholder a reserved parking space and
a reserved parking space is not allotted to the leaseholder in the
lease, the owner of the commercial 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.

(c) For purposes of this section:

(1) “Electric vehicle charging station” or “charging station”
means a station that is designed in compliance with 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.

(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.

(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.

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

(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 and 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).

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

(g) A lessor 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, in compliance with all
applicable laws.

(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.