Bill Text: CA AB2565 | 2013-2014 | Regular Session | Chaptered
Bill Title: Rental property: electric vehicle charging stations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-21 - Chaptered by Secretary of State - Chapter 529, Statutes of 2014. [AB2565 Detail]
Download: California-2013-AB2565-Chaptered.html
BILL NUMBER: AB 2565 CHAPTERED
BILL TEXT
CHAPTER 529
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2014
APPROVED BY GOVERNOR SEPTEMBER 21, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
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
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, 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 a parking space allotted for the lessee 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 with 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 property 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.
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 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.
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.
