Bill Text: OR HB3301 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to electric vehicle charging stations.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Passed) 2013-06-18 - Chapter 438, (2013 Laws): Effective date January 1, 2014. [HB3301 Detail]

Download: Oregon-2013-HB3301-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3416

                           A-Engrossed

                         House Bill 3301
                  Ordered by the House April 12
            Including House Amendments dated April 12

Sponsored by Representative BARNHART; Representatives DOHERTY,
  KENY-GUYER, LIVELY, READ

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Authorizes owner of lot in planned community or unit in
condominium to install   { - and use - }  electric vehicle
charging station  { +  for personal, noncommercial use + }.

                        A BILL FOR AN ACT
Relating to electric vehicle charging stations; creating new
  provisions; and amending ORS 94.550 and 100.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 94.550 is amended to read:
  94.550. As used in ORS 94.550 to 94.783:
  (1) 'Assessment' means any charge imposed or levied by a
homeowners association on or against an owner or lot pursuant to
the provisions of the declaration or the bylaws of the planned
community or provisions of ORS 94.550 to 94.783.
  (2) 'Blanket encumbrance' means a trust deed or mortgage or any
other lien or encumbrance, mechanic's lien or otherwise, securing
or evidencing the payment of money and affecting more than one
lot in a planned community, or an agreement affecting more than
one lot by which the developer holds such planned community under
an option, contract to sell or trust agreement.
  (3) 'Class I planned community' means a planned community that:
  (a) Contains at least 13 lots or in which the declarant has
reserved the right to increase the total number of lots beyond
12; and
  (b) Has an estimated annual assessment, including an amount
required for reserves under ORS 94.595, exceeding $10,000 for all
lots or $100 per lot, whichever is greater, based on:
  (A) For a planned community created on or after January 1,
2002, the initial estimated annual assessment, including a
constructive assessment based on a subsidy of the association
through a contribution of funds, goods or services by the
declarant; or
  (B) For a planned community created before January 1, 2002, a
reasonable estimate of the cost of fulfilling existing
obligations imposed by the declaration, bylaws or other governing
document as of January 1, 2002.

  (4) 'Class II planned community' means a planned community
that:
  (a) Is not a Class I planned community;
  (b) Contains at least five lots; and
  (c) Has an estimated annual assessment exceeding $1,000 for all
lots based on:
  (A) For a planned community created on or after January 1,
2002, the initial estimated annual assessment, including a
constructive assessment based on a subsidy of the association
through a contribution of funds, goods or services by the
declarant; or
  (B) For a planned community created before January 1, 2002, a
reasonable estimate of the cost of fulfilling existing
obligations imposed by the declaration, bylaws or other governing
document as of January 1, 2002.
  (5) 'Class III planned community' means a planned community
that is not a Class I or II planned community.
  (6) 'Common expenses' means expenditures made by or financial
liabilities incurred by the homeowners association and includes
any allocations to the reserve account under ORS 94.595.
  (7) 'Common property' means any real property or interest in
real property within a planned community which is owned, held or
leased by the homeowners association or owned as tenants in
common by the lot owners, or designated in the declaration or the
plat for transfer to the association.
  (8) 'Condominium' means property submitted to the provisions of
ORS chapter 100.
  (9) 'Declarant' means any person who creates a planned
community under ORS 94.550 to 94.785.
  (10) 'Declarant control' means any special declarant right
relating to administrative control of a homeowners association,
including but not limited to:
  (a) The right of the declarant or person designated by the
declarant to appoint or remove an officer or a member of the
board of directors;
  (b) Any weighted vote or special voting right granted to a
declarant or to units owned by the declarant so that the
declarant will hold a majority of the voting rights in the
association by virtue of such weighted vote or special voting
right; and
  (c) The right of the declarant to exercise powers and
responsibilities otherwise assigned by the declaration or bylaws
or by the provisions of ORS 94.550 to 94.783 to the association,
officers of the association or board of directors of the
association.
  (11) 'Declaration' means the instrument described in ORS 94.580
which establishes a planned community, and any amendments to the
instrument.
   { +  (12) 'Electric vehicle charging station' or 'charging
station' means a facility designed to deliver electrical current
for the purpose of charging one or more electric motor
vehicles. + }
    { - (12) - }   { + (13) + } 'Governing document' means an
instrument or plat relating to common ownership or common
maintenance of a portion of a planned community and that is
binding upon lots within the planned community.
    { - (13) - }   { + (14) + } 'Homeowners association' or
'association ' means the organization of owners of lots in a
planned community, created under ORS 94.625, required by a
governing document or formed under ORS 94.572.
    { - (14) - }   { + (15) + } 'Majority' or 'majority of votes'
or ' majority of owners' means more than 50 percent of the votes
in the planned community.
    { - (15) - }   { + (16) + } 'Mortgagee' means any person who
is:
  (a) A mortgagee under a mortgage;
  (b) A beneficiary under a trust deed; or
  (c) The vendor under a land sale contract.
    { - (16) - }   { + (17) + } 'Owner' means the owner of any
lot in a planned community, unless otherwise specified, but does
not include a person holding only a security interest in a lot.
    { - (17) - }   { + (18) + } 'Percent of owners' or
'percentage of owners ' means the owners representing the
specified voting rights as determined under ORS 94.658.
    { - (18)(a) - }   { + (19)(a) + } 'Planned community' means
any subdivision under ORS 92.010 to 92.192 that results in a
pattern of ownership of real property and all the buildings,
improvements and rights located on or belonging to the real
property, in which the owners collectively are responsible for
the maintenance, operation, insurance or other expenses relating
to any property within the planned community, including common
property, if any, or for the exterior maintenance of any property
that is individually owned.
  (b) 'Planned community' does not mean:
  (A) A condominium under ORS chapter 100;
  (B) A planned community that is exclusively commercial or
industrial; or
  (C) A timeshare plan under ORS 94.803 to 94.945.
    { - (19) - }   { + (20) + } 'Purchaser' means any person
other than a declarant who, by means of a voluntary transfer,
acquires a legal or equitable interest in a lot, other than as
security for an obligation.
    { - (20) - }   { + (21) + } 'Purchaser for resale' means any
person who purchases from the declarant more than two lots for
the purpose of resale whether or not the purchaser for resale
makes improvements to the lots before reselling them.
    { - (21) - }   { + (22) + } 'Special declarant rights' means
any rights, in addition to the rights of the declarant as a lot
owner, reserved for the benefit of the declarant under the
declaration or ORS 94.550 to 94.783, including but not limited
to:
  (a) Constructing or completing construction of improvements in
the planned community which are described in the declaration;
  (b) Expanding the planned community or withdrawing property
from the planned community under ORS 94.580 (3) and (4);
  (c) Converting lots into common property;
  (d) Making the planned community subject to a master
association under ORS 94.695; or
  (e) Exercising any right of declarant control reserved under
ORS 94.600.
    { - (22) - }   { + (23) + } 'Successor declarant' means the
transferee of any special declarant right.
    { - (23) - }   { + (24) + } 'Turn over' means the act of
turning over administrative responsibility pursuant to ORS 94.609
and 94.616.
    { - (24) - }   { + (25) + } 'Unit' means a building or
portion of a building located upon a lot in a planned community
and designated for separate occupancy or ownership, but does not
include any building or portion of a building located on common
property.
    { - (25) - }   { + (26) + } 'Votes' means the votes allocated
to lots in the declaration under ORS 94.580 (2).
  SECTION 2.  { + Section 3 of this 2013 Act is added to and made
a part of ORS 94.550 to 94.783. + }
  SECTION 3.  { + (1) Notwithstanding contrary provisions of a
declaration or bylaws of a planned community, an owner may
install an electric vehicle charging station for the personal,
noncommercial use of the owner in compliance with the
requirements of this section in a parking space, on a lot or in
any other area subject to the exclusive use of the owner.

  (2) Notwithstanding ORS 479.540, a charging station must be
installed by an individual who holds a license, as defined in ORS
479.530, to act as a journeyman electrician.
  (3) A homeowners association:
  (a) May not prohibit installation or use of a charging station
installed and used in compliance with the requirements of this
section.
  (b) May require an owner to submit an application before
installing a charging station.
  (c) May require the charging station to meet the architectural
standards of the planned community.
  (d) May impose reasonable charges to recover costs of the
review and permitting of a charging station and may impose
reasonable restrictions on the installation and use of the
charging station that do not significantly increase the cost of
the charging station or significantly decrease the efficiency or
performance of the charging station.
  (e) Shall approve the application within 60 days unless the
delay in approving the application is based on a reasonable
request for additional information.
  (4) The owner of the charging station is responsible for:
  (a) All costs associated with installation and use of the
charging station, including:
  (A) The cost of electricity associated with the charging
station; and
  (B) The cost of damage to common property or areas subject to
the exclusive use of other owners that results from the
installation, use, maintenance, repair, removal or replacement of
the charging station.
  (b) Disclosure to a prospective buyer of the lot of the
existence of the charging station and the related
responsibilities of the owner under this section.
  (5) If the charging station is not a certified electrical
product, as defined in ORS 479.530, the owner of the charging
station shall:
  (a) Maintain a homeowner liability coverage policy in the
amount of $1 million; and
  (b) Name the homeowners association as a named additional
insured under the policy with a right to notice of cancellation
of the policy.
  (6) In any action to enforce compliance with this section, the
prevailing party is entitled to an award of attorney fees and
costs. + }
  SECTION 4. ORS 100.005 is amended to read:
  100.005. As used in this chapter, unless the context requires
otherwise:
  (1) 'Assessment' means any charge imposed or levied by the
association of unit owners on or against a unit owner or unit
pursuant to provisions of the declaration or the bylaws of the
condominium or provisions of ORS 100.005 to 100.910.
  (2) 'Association of unit owners' means the association provided
for under ORS 100.405.
  (3) 'Association property' means any real property or interest
in real property acquired, held or possessed by the association
under ORS 100.405.
  (4) 'Blanket encumbrance' means a trust deed or mortgage or any
other lien or encumbrance, mechanic's lien or otherwise, securing
or evidencing the payment of money and affecting more than one
unit in a condominium, or an agreement affecting more than one
such unit by which the developer holds such condominium under an
option, contract to sell or trust agreement.
  (5) 'Building' means a multiple-unit building or single-unit
buildings, or any combination thereof, comprising a part of the
property. 'Building' also includes a floating structure described
in ORS 100.020 (3)(b)(D).
  (6) 'Commissioner' means the Real Estate Commissioner.
  (7) 'Common elements' means the general common elements and the
limited common elements.
  (8) 'Common expenses' means:
  (a) Expenses of administration, maintenance, repair or
replacement of the common elements;
  (b) Expenses agreed upon as common by all the unit owners; and
  (c) Expenses declared common by ORS 100.005 to 100.625 or by
the declaration or the bylaws of the particular condominium.
  (9) 'Condominium' means:
  (a) With respect to property located within this state:
  (A) The land, if any, whether fee simple, leasehold, easement
or other interest or combination thereof, and whether contiguous
or noncontiguous;
  (B) Any buildings, improvements and structures on the property;
and
  (C) Any easements, rights and appurtenances belonging to the
property submitted to the provisions of ORS 100.005 to 100.625;
and
  (b) With respect to property located outside this state, the
property that has been committed to the condominium form of
ownership in accordance with the jurisdiction within which the
property is located.
  (10) 'Conversion condominium' means a condominium in which
there is a building, improvement or structure that was occupied
prior to any negotiation and that is:
  (a) Residential in nature, at least in part; and
  (b) Not wholly commercial or industrial, or commercial and
industrial, in nature.
  (11) 'Declarant' means a person who records a declaration under
ORS 100.100 or a supplemental declaration under ORS 100.110.
  (12) 'Declaration' means the instrument described in ORS
100.100 by which the condominium is created and as modified by
any amendment recorded in accordance with ORS 100.135 or
supplemental declaration recorded in accordance with ORS 100.120.
  (13) 'Developer' means a declarant or any person who purchases
an interest in a condominium from declarant, successor declarant
or subsequent developer for the primary purpose of resale.
   { +  (14) 'Electric vehicle charging station' or 'charging
station' means a facility designed to deliver electrical current
for the purpose of charging one or more electric motor
vehicles. + }
    { - (14) - }   { + (15) + } 'Flexible condominium' means a
condominium containing property that may be reclassified or
withdrawn from the condominium pursuant to ORS 100.150 (1).
    { - (15) - }   { + (16) + } 'General common elements,' unless
otherwise provided in a declaration, means all portions of the
condominium that are not part of a unit or a limited common
element, including but not limited to the following:
  (a) The land, whether fee simple, leasehold, easement, other
interest or combination thereof, together with any rights and
appurtenances;
  (b) The foundations, columns, girders, beams, supports, bearing
and shear walls, windows, except glazing and screening, unit
access doors, except glazing and screening, roofs, halls,
corridors, lobbies, stairs, fire escapes, entrances and exits of
a building;
  (c) The basements, yards, gardens, parking areas and outside
storage spaces;
  (d) Installations of central services such as power, light,
gas, hot and cold water, heating, refrigeration, air
conditioning, waste disposal and incinerating;
  (e) The elevators, tanks, pumps, motors, fans, compressors,
ducts and in general all apparatus and installations existing for
common use;
  (f) The premises for the lodging of janitors or caretakers of
the property; and
  (g) All other elements of a building and the condominium
necessary or convenient to their existence, maintenance and
safety, or normally in common use.
    { - (16) - }   { + (17) + } 'Leasehold' means the interest of
a person, firm or corporation who is the lessee under a lease
from the owner in fee and who files a declaration creating a
condominium under ORS 100.100.
    { - (17) - }   { + (18) + } 'Limited common elements' means
those common elements designated in the declaration, as reserved
for the use of a certain unit or number of units, to the
exclusion of the other units.
    { - (18) - }   { + (19) + } 'Majority' or 'majority of unit
owners' means more than 50 percent of the voting rights allocated
to the units by the declaration.
    { - (19) - }   { + (20) + } 'Mortgagee' means any person who
is:
  (a) A mortgagee under a mortgage;
  (b) A beneficiary under a trust deed; or
  (c) The vendor under a land sale contract.
    { - (20) - }   { + (21) + } 'Negotiation' means any activity
preliminary to the execution by either developer or purchaser of
a unit sales agreement, including but not limited to advertising,
solicitation and promotion of the sale of a unit.
    { - (21) - }   { + (22) + } 'Nonwithdrawable property' means
property which pursuant to ORS 100.150 (1)(b):
  (a) Is designated nonwithdrawable in the declaration and on the
plat; and
  (b) Which may not be withdrawn from the condominium without the
consent of all of the unit owners.
    { - (22) - }   { + (23) + } 'Percent of owners' or
'percentage of owners ' means the percent of the voting rights
determined under ORS 100.525.
    { - (23) - }   { + (24) + } 'Purchaser' means an actual or
prospective purchaser of a condominium unit pursuant to a sale.
    { - (24) - }   { + (25) + } 'Recording officer' means the
county officer charged with the duty of filing and recording
deeds and mortgages or any other instruments or documents
affecting the title to real property.
    { - (25) - }   { + (26) + } 'Reservation agreement' means an
agreement relating to the future sale of a unit which is not
binding on the purchaser and which grants purchaser the right to
cancel the agreement without penalty and obtain a refund of any
funds deposited at any time until purchaser executes a unit sales
agreement.
    { - (26) - }   { + (27) + } 'Sale' includes every disposition
or transfer of a condominium unit, or an interest or estate
therein, by a developer, including the offering of the property
as a prize or gift when a monetary charge or consideration for
whatever purpose is required by the developer. 'Interest or
estate' includes a lessee's interest in a unit for more than
three years or less than three years if the interest may be
renewed under the terms of the lease for a total period of more
than three years. 'Interest or estate' does not include any
interest held for security purposes or a timeshare regulated or
otherwise exempt under ORS 94.803 and 94.807 to 94.945.
    { - (27) - }   { + (28) + } 'Special declarant right' means
any right, in addition to the regular rights of the declarant as
a unit owner, reserved for the benefit of or created by the
declarant under the declaration, bylaws or the provisions of this
chapter.
    { - (28) - }   { + (29) + } 'Staged condominium' means a
condominium which provides for annexation of additional property
pursuant to ORS 100.115 and 100.120.
    { - (29) - }   { + (30) + } 'Successor declarant' means the
transferee of any special declarant right.

    { - (30) - }   { + (31) + } 'Termination date' means that
date described in ORS 100.105 (2)(b) or (7)(d).
    { - (31) - }   { + (32) + } 'Transitional committee' means
the committee provided for under ORS 100.205.
    { - (32) - }   { + (33) + } 'Turnover meeting' means the
meeting provided for under ORS 100.210.
    { - (33) - }   { + (34) + } 'Unit' or 'condominium unit'
means a part of the property which:
  (a) Is described in ORS 100.020 (3);
  (b) Is intended for any type of independent ownership; and
  (c) The boundaries of which are described pursuant to ORS
100.105 (1)(d).
    { - (34) - }   { + (35) + } 'Unit designation' means the
number, letter or combination thereof designating a unit in the
declaration and on the plat.
    { - (35) - }   { + (36) + } 'Unit owner' means, except to the
extent the declaration or bylaws provide otherwise, the person
owning fee simple interest in a unit, the holder of a vendee's
interest in a unit under a recorded installment contract of sale
and, in the case of a leasehold condominium, the holder of the
leasehold estate in a unit.
    { - (36) - }   { + (37) + } 'Unit sales agreement' means a
written offer or agreement for the sale of a condominium unit
which when fully executed will be binding on all parties. 'Unit
sales agreement ' includes but is not limited to an earnest money
receipt and agreement to purchase and other such agreements which
serve as an agreement of sale for a cash transaction or which are
preliminary to the execution of an installment contract of sale,
but does not include a reservation agreement.
    { - (37) - }   { + (38) + } 'Variable property' means
property described in ORS 100.150 (2) and designated as variable
property in the declaration and on the plat.
    { - (38) - }   { + (39) + } 'Voting rights' means the portion
of the votes allocated to a unit by the declaration in accordance
with ORS 100.105 (1)(j).
  SECTION 5.  { + Section 6 of this 2013 Act is added to and made
a part of ORS 100.005 to 100.625. + }
  SECTION 6.  { + (1) Notwithstanding contrary provisions of a
declaration or bylaws of a condominium, a unit owner may install
an electric vehicle charging station for the personal,
noncommercial use of the owner in compliance with the
requirements of this section:
  (a) In a space assigned to the unit and used for the parking or
storage of automobiles, trucks, boats, campers or other vehicles
or equipment; or
  (b) In a limited common element with the written approval of
the owner of each unit to which use of the limited common element
is reserved.
  (2) Notwithstanding ORS 479.540, a charging station must be
installed by an individual who holds a license, as defined in ORS
479.530, to act as a journeyman electrician.
  (3) An association of unit owners:
  (a) May not prohibit installation or use of a charging station
installed and used in compliance with the requirements of this
section.
  (b) May require a unit owner to submit an application before
installing a charging station.
  (c) May require the charging station to meet the architectural
standards of the condominium.
  (d) May impose reasonable charges to recover costs of the
review and permitting of a charging station and may impose
reasonable restrictions on the installation and use of the
charging station that do not significantly increase the cost of
the charging station or significantly decrease the efficiency or
performance of the charging station.

  (e) Shall approve the application within 60 days unless the
delay in approving the application is based on a reasonable
request for additional information.
  (4) The owner of the charging station is responsible for:
  (a) All costs associated with installation and use of the
charging station, including:
  (A) The cost of electricity associated with the charging
station; and
  (B) The cost of damage to general common elements, limited
common elements and areas subject to the exclusive use of other
unit owners that results from the installation, use, maintenance,
repair, removal or replacement of the charging station.
  (b) Disclosure to a prospective buyer of the unit of the
existence of the charging station and the related
responsibilities of the unit owner under this section.
  (5) If the charging station is not a certified electrical
product, as defined in ORS 479.530, the owner of the charging
station shall:
  (a) Maintain a homeowner liability coverage policy in the
amount of $1 million; and
  (b) Name the association of unit owners as a named additional
insured under the policy with a right to notice of cancellation
of the policy.
  (6) In any action to enforce compliance with this section, the
prevailing party is entitled to an award of attorney fees and
costs. + }
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