Electric Car Charging Station
Post date: Jul 12, 2016 3:6:16 AM
Assembly Bill 2565 would give tenants the right to:
· Install an electric-car charging station at their residence, provided the tenant submits a written request to the landlord and pays for the installation costs.
· Once the station is installed, the cost of charging will be added to an electric-car owner's rent, along with any costs associated with maintaining or repairing the hardware.
· Residents may also have to pay for a parking space--where the charging station would be installed--if they don't already have one.
· Buildings that don't provide parking, or that have fewer than five spaces, are exempt from the charging requirement.
· If the building already provides charging stations for at least 10 percent of its parking spaces, it needn't honor individual requests for installation on top of that.
· Rent-controlled apartments are exempt from the requirement as well.
KTS Report: Electric Vehicle Charging Stations for California Landlords
Starting July 15, 2015, tenants will have the right – in certain tenancies and with significant exceptions and restrictions – to install an electric vehicle charging station in the lessor’s parking area. On September 21, 2014, Assembly Bill 2565 (by Assembly member Al Muratsuchi) was signed by Governor Brown and added to the Civil Code as Section 1947.6 for residential tenancies and 1952.7 for commercial tenancies. Both provisions will give tenants the right to install electric vehicle (EV) charging stations at their home or business if the tenant is willing to pay for the installation and complies with the lease provisions regarding alterations. The tenant would also be required to have at least $1,000,000.00 in insurance. There are various exceptions to the law, including an exemption for rent controlled housing, and parking areas under six spaces. The law applies to commercial and residential rental properties where off-street parking is provided in the lease, with more than five parking spaces, and where EV outlets number less than 10% of the parking spaces. A copy of the new law is set forth below (for residential tenancies): Civil Code Section 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 a parking space allotted for the lessee 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 any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California 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 property 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, and, 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.