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

SA to B-Eng. HB 3301

LC 3416/HB 3301-B4

                      SENATE AMENDMENTS TO
                   B-ENGROSSED HOUSE BILL 3301

        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

                             May 31

  On page 3 of the printed B-engrossed bill, delete lines 35
through 45.
  On page 4, delete lines 1 through 22 and insert:
  '  { +  SECTION 3. + }  { + (1) Notwithstanding contrary
provisions of a declaration or bylaws of a planned community:
  ' (a) An owner may submit an application to 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.
  ' (b) A homeowners association may not prohibit installation or
use of a charging station installed and used in compliance with
the requirements of this section.
  ' (2) When the owner complies or agrees to comply with the
requirements of this section, a homeowners association, or a
declarant in lieu of the association, shall approve a completed
application within 60 days after the owner submits the
application unless the delay in approving the application is
based on a reasonable request for additional information.
  ' (3) A homeowners association:
  ' (a) May require an owner to submit an application before
installing a charging station.
  ' (b) May require the charging station to meet the
architectural standards of the planned community.
  ' (c) May impose reasonable charges to recover costs of the
review and permitting of a charging station.
  ' (d) 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.
  ' (4) Notwithstanding ORS 479.540, the charging station must be
installed by a person that holds a license, as defined in ORS
479.530, to act as a journeyman electrician.
  ' (5) The owner 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 and to 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.
  ' (6) If the homeowners association reasonably determines that
the cumulative use of electricity in the planned community
attributable to the installation and use of charging stations
requires the installation of additional infrastructure
improvements to provide the planned community with a sufficient
supply of electricity, the association may assess the cost of the
additional improvements against the lot of each owner that has,
or will, install a charging station.
  ' (7)(a) A pedestal, or similar, charging station that is
hard-wired into the electrical system must be a certified
electrical product, as defined in ORS 479.530.
  ' (b) If a charging station, other than one described in
paragraph (a) of this subsection, is not a certified electrical
product, the owner shall:
  ' (A) Maintain a homeowner liability insurance policy in an
amount not less than $1 million that includes coverage of the
charging station; and
  ' (B) Name the homeowners association as a named additional
insured under the policy with a right to notice of cancellation
of the policy.
  ' (8) In any action between an owner and a homeowners
association to enforce compliance with this section, the
prevailing party is entitled to an award of attorney fees and
costs. + } ' .
  On page 11, delete lines 5 through 41 and insert:
  '  { +  SECTION 7. + }  { + (1) Notwithstanding contrary
provisions of a declaration or bylaws of a condominium:
  ' (a) A unit owner may submit an application to install an
electric vehicle charging station for the personal, noncommercial
use of the unit 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 unit owner of each unit to which use of the limited common
element is reserved.
  ' (b) An association of unit owners may not prohibit
installation or use of a charging station installed and used in
compliance with the requirements of this section.
  ' (2) When the unit owner complies or agrees to comply with the
requirements of this section, an association of unit owners, or a
declarant in lieu of the association, shall approve a completed
application within 60 days after the unit owner submits the
application unless the delay in approving the application is
based on a reasonable request for additional information.
  ' (3) An association of unit owners:
  ' (a) May require a unit owner to submit an application before
installing a charging station.
  ' (b) May require the charging station to meet the
architectural standards of the condominium.
  ' (c) May impose reasonable charges to recover costs of the
review and permitting of a charging station.
  ' (d) 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.
  ' (4) Notwithstanding ORS 479.540, the charging station must be
installed by a person that holds a license, as defined in ORS
479.530, to act as a journeyman electrician.
  ' (5) The unit owner 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.
  ' (6) If the association of unit owners reasonably determines
that the cumulative use of electricity in the condominium
attributable to the installation and use of charging stations
requires the installation of additional infrastructure
improvements to provide the condominium with a sufficient supply
of electricity, the association may assess the cost of the
additional improvements against the unit of each unit owner that
has, or will, install a charging station.
  ' (7)(a) A pedestal, or similar, charging station that is
hard-wired into the electrical system must be a certified
electrical product, as defined in ORS 479.530.
  ' (b) If a charging station, other than one described in
paragraph (a) of this subsection, is not a certified electrical
product, the unit owner shall:
  ' (A) Maintain a homeowner liability insurance policy in an
amount not less than $1 million that includes coverage of the
charging station; 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.
  ' (8) In any action between a unit owner and an association of
unit owners to enforce compliance with this section, the
prevailing party is entitled to an award of attorney fees and
costs. + } ' .
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