Bill Summary – FastDemocracy

General Assembly                       Raised Bill No. 5117
      February Session, 2022                 LCO No. 1128
     Referred to Committee on ENERGY AND TECHNOLOGY
     Introduced by:
       (ET)
 AN ACT CONCERNING ELECTRIC VEHICLE CHARGING STATIONS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. (NEW) (Effective October 1, 2022) (a) As used in this section:
       (1) "Association" means any association of homeowners, community
    association, condominium association, cooperative, common interest
    associations or nongovernmental entity with covenants, bylaws and
    administrative provisions with which a homeowner's compliance is
    required. "Association" includes an association of unit owners, as
    defined in section 47-68a of the general statutes, and a common interest
    community, as defined in section 47-202 of the general statutes;
      (2) "Electric vehicle charging station" means an electric 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 the electric vehicle.
   "Electric vehicle charging station" includes any associated metering
   equipment; and
      (3) "Reasonable restrictions" means a restriction that does not
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 significantly increase the cost of the station or significantly decrease its
 efficiency or specified performance.
    (b) Any covenant, restriction or condition contained within any deed,
 contract, security instrument or other instrument affecting the transfer
 or sale of any interest in a property, or any bylaw or other instrument
 that governs the creation or operation of an association, that either
 prohibits or unreasonably restricts the installation or use of an electric
 vehicle charging station within an owner's unit or in a designated
 parking space, including, but not limited to, a deeded parking space, a
 parking space in a unit owner's exclusive use common element or a
 parking space that is specifically designated for use by a particular unit
 owner, or otherwise is in conflict with the provisions of this section, shall
 be void and unenforceable.
   (c) This section shall not apply to:
    (1) Any contract, covenant, deed, security instrument or other
 instrument affecting the transfer or sale of any interest in a property
 entered into before October 1, 2022; or
    (2) An association that: (A) Has bylaws that impose reasonable
 restrictions on electric vehicle charging stations; or (B) already provides
 electric vehicle charging stations to its unit owners at a ratio that is equal
 to or greater than ten per cent of the designated parking spaces.
    (d) An electric vehicle charging station shall meet all applicable
 health and safety standards and requirements imposed by applicable
 federal, state or municipal law.
   (e) If an association requires a unit owner to submit an application for
 approval to install an electric vehicle charging station, the association
 shall process and approve the application in the same manner as an
 application for approval of an architectural modification to the
 property. The approval or denial of the application shall be in writing
 and shall be issued not later than sixty days after the date of receipt of
 the application. If an application is not denied in writing within such
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 sixty-day period, the application shall be deemed approved, unless the
 association reasonably requests additional information within sixty
 days from the date of receipt of the application.
    (f) If a unit owner seeks to install an electric vehicle charging station,
 the following provisions shall apply:
    (1) The unit owner shall obtain approval from the association to
 install the electric vehicle charging station and the association shall
 approve the installation if the owner agrees in writing to do the
 following: (A) Comply with the association's architectural standards for
 the installation of the electric vehicle charging station; (B) engage a
 licensed contractor to install the electric vehicle charging station; (C) if
 the proposed electric vehicle charging station is located within a
 common element, provide a certificate of insurance, within fourteen
 days of approval, that names the association as a named additional
 insured under the owner's insurance policy pursuant to subdivision (3)
 of this subsection; (D) pay for the costs associated with the installation
 of the electric vehicle charging station; and (E) pay the electricity usage
 costs associated with the electric vehicle charging station.
    (2) The unit owner, and each successive owner, of the electric vehicle
 charging station shall be responsible for all of the following: (A) Costs
 for damage to the electric vehicle charging station, common elements or
 separate units resulting from the installation, maintenance, repair,
 removal or replacement of the electric vehicle charging station; (B) costs
 for the maintenance, repair and replacement of the electric vehicle
 charging station until it has been removed; (C) costs for the restoration
 of the electric vehicle charging station after it is removed; (D) costs of
 electricity associated with the electric vehicle charging station; and (E)
 disclosing to prospective buyers (i) the existence of the electric vehicle
 charging station, and (ii) the associated responsibilities of the unit owner
 under this section.
    (3) The unit owner of the electric vehicle charging station, whether
 located within a separate unit, within the common element or exclusive
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 use common element, shall, at all times, maintain a liability coverage
 policy. The owner shall provide the association with the corresponding
 certificate of insurance not later than fourteen days after approval of the
 application. The owner, and each successor owner, shall provide the
 association with the certificate of insurance annually thereafter.
    (4) A unit owner shall not be required to maintain a liability coverage
 policy for an existing national electrical manufacturers association
 standard alternating current power plug.
     (g) Except as provided in subsection (h) of this section, installation of
 an electric vehicle charging station for the exclusive use of a unit owner
 in a common element, that is not an exclusive use common element,
 shall be authorized by the association only if installation in the unit
 owner's designated parking space is impossible or unreasonably
 expensive. In such cases, the association shall enter into a license
 agreement with the owner for the use of the space in a common area and
 the owner shall comply with all requirements described in subsection
 (f) of this section.
    (h) An association may install an electric vehicle charging station in
 the common element for the use of all members of the association. For
 any such electric vehicle charging station, the association shall develop
 appropriate terms of use for the electric vehicle charging station.
   (i) An association may create a new parking space where one did not
 previously exist to facilitate the installation of an electric vehicle
 charging station.
   (j) An association may require the unit owner to have the electric
 vehicle charging station removed prior to the unit owner's sale of the
 property unless the prospective purchaser of the property agrees to take
 ownership of the electric vehicle charging station.
   (k) An association that knowingly violates this section shall pay a
 civil penalty of not more than one thousand dollars.
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    (l) In any action by a unit owner seeking to enforce compliance with
 this section, the prevailing unit owner shall be awarded reasonable
 attorney's fees.
   Sec. 2. (NEW) (Effective October 1, 2022) (a) As used in this section:
    (1) "Dedicated parking space" means a parking space located within
 a lessee's separate interest or a parking spot that is in a common area,
 but subject to exclusive use rights of an individual lessee, including, but
 not limited to, a garage space, carport or parking space that is
 specifically designated for use by a particular lessee;
    (2) "Dwelling unit" has the same meaning as provided in section 47a-
 1 of the general statutes;
    (3) "Electric vehicle charging station" means an electric 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.
 "Electric vehicle charging station" includes any associated metering
 equipment;
    (4) "Landlord" has the same meaning as provided in section 47a-1 of
 the general statutes;
   (5) "Rent" has the same meaning as provided in section 47a-1 of the
 general statutes;
   (6) "Rental agreement" has the same meaning as provided in section
 47a-1 of the general statutes; and
   (7) "Tenant" has the same meaning as provided in section 47a-1 of the
 general statutes.
    (b) Notwithstanding any provision in the rental agreement to the
 contrary, for any rental agreement executed, extended or renewed on
 and after October 1, 2022, a landlord of a dwelling unit shall approve a
 tenant's written request to install an electric vehicle charging station at
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 a dedicated parking space for the tenant that meets the requirements of
 this section and complies with the landlord's procedural approval
 process for modification to the property.
    (c) This section shall not apply to residential rental properties where:
    (1) Electric vehicle charging stations for use by tenants already exist
 as of the effective date of this section in a ratio that is equal to or greater
 than ten per cent of the designated parking spaces;
    (2) Parking is not provided as part of the rental agreement; or
    (3) There are fewer than five parking spaces.
    (d) A landlord shall not be obligated to provide an additional parking
 space to a tenant in order to accommodate an electric vehicle charging
 station.
    (e) If the electric vehicle charging station has the effect of providing
 the tenant with a reserved parking space, the landlord 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
 municipal law, and all applicable zoning requirements, land use
 requirements, and covenants, conditions and restrictions.
    (g) A tenant's written request to modify the rental property in order
 to install an electric vehicle charging station shall indicate his or her
 consent to enter into a written agreement that includes, but is not limited
 to, the following:
   (1) Compliance with the landlord's requirements for the installation,
 use, maintenance and removal of the electric vehicle charging station
 and its infrastructure;
   (2) Compliance with the landlord's requirements for the tenant to
 provide a complete financial analysis and scope of work regarding the
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 installation of the electric vehicle charging station and its infrastructure;
    (3) Compliance with the landlord's requirements to pay the landlord
 any costs associated with the landlord's installation of the electric
 vehicle charging station and its infrastructure prior to any modification
 or improvement to the rental property. The costs associated with
 modifications and improvements include, but are not limited to, the cost
 of permits, supervision, construction and, solely if required by the
 contractor and consistent with its past performance of work for the
 landlord, performance bonds;
    (4) Compliance with the landlord's requirements to pay, as part of the
 tenant's rent, any costs associated with the electrical usage of the electric
 vehicle charging station, and costs for damage, maintenance, repair,
 removal and replacement of the electric vehicle charging station,
 including such modifications or improvements made to the rental
 property associated with the electric vehicle charging station; and
    (5) Compliance with the landlord's requirements to maintain a
 general liability insurance policy that covers an electric vehicle charging
 station at a tenant's dedicated parking space and to name the landlord
 as a named additional insured under the policy commencing with the
 date of approval for construction until the tenant forfeits possession of
 the dwelling unit to the landlord.
       This act shall take effect as follows and shall amend the following
       sections:
       Section 1     October 1, 2022               New section
       Sec. 2        October 1, 2022               New section
      Statement of Purpose:
      To require certain contracts affecting real estate to allow for the
      installation of electric vehicle charging stations and to require increased
      tenant access to electric vehicle charging stations in their dwelling units
      or common areas.
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
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