S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6338--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY, CARROLL, McDONALD, D'URSO, COLTON, SIMON,
   BLAKE -- read once  and  referred  to  the  Committee  on  Housing  --
   reported  and  referred  to  the  Committee  on  Codes -- reported and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 AN ACT to amend the real property law, in relation to  electric  vehicle
   charging station installation in condominiums
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 339-ll to read as follows:
   §  339-LL.  ELECTRIC VEHICLE CHARGING STATION INSTALLATION. 1. AS USED
 IN THIS SECTION:
   (A) "REASONABLE RESTRICTIONS" MEANS RESTRICTIONS THAT DO  NOT  SIGNIF-
 ICANTLY  INCREASE  THE COST OF THE STATION OR SIGNIFICANTLY DECREASE ITS
 EFFICIENCY OR SPECIFIED PERFORMANCE.
   (B) "ELECTRIC VEHICLE CHARGING STATION" MEANS A STATION THAT  DELIVERS
 ELECTRICITY  FROM  A SOURCE OUTSIDE AN ELECTRIC VEHICLE INTO ONE OR MORE
 ELECTRIC VEHICLES. AN ELECTRIC  VEHICLE  CHARGING  STATION  MAY  INCLUDE
 SEVERAL  CHARGE  POINTS SIMULTANEOUSLY CONNECTING SEVERAL ELECTRIC VEHI-
 CLES TO THE STATION AND  ANY  RELATED  EQUIPMENT  NEEDED  TO  FACILITATE
 CHARGING PLUG-IN ELECTRIC VEHICLES.
   2.  (A) ANY COVENANT, RESTRICTION, OR CONDITION CONTAINED IN ANY DEED,
 CONTRACT, SECURITY INSTRUMENT, OR OTHER INSTRUMENT AFFECTING THE  TRANS-
 FER  OR  SALE  OF  ANY  INTEREST  IN THE PROPERTY, AND ANY BY-LAWS, THAT
 EITHER EFFECTIVELY 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  AN  OWNER'S  EXCLUSIVE  USE  COMMON
 ELEMENT, OR A PARKING SPACE THAT IS SPECIFICALLY DESIGNATED FOR USE BY A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09641-02-9

 A. 6338--A                          2
 
 PARTICULAR  OWNER, OR IS IN CONFLICT WITH THE PROVISIONS OF THIS SECTION
 SHALL BE VOID AND UNENFORCEABLE.
   (B)  THIS  SECTION  SHALL  NOT APPLY TO BY-LAWS THAT IMPOSE REASONABLE
 RESTRICTIONS ON 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.
   (C) AN ELECTRIC VEHICLE CHARGING STATION  SHALL  MEET  ALL  APPLICABLE
 HEALTH  AND  SAFETY  STANDARDS  AND REQUIREMENTS IMPOSED BY LAW, RULE OR
 REGULATION.
   (D) IF APPROVAL IS REQUIRED FOR THE INSTALLATION OR USE OF AN ELECTRIC
 VEHICLE CHARGING STATION THE APPLICATION FOR APPROVAL SHALL BE PROCESSED
 AND APPROVED BY THE ASSOCIATION IN A MANNER PRESCRIBED  BY  THE  ASSOCI-
 ATION  AND  SHALL  NOT  BE WILLFULLY AVOIDED OR DELAYED. THE APPROVAL OR
 DENIAL OF AN APPLICATION SHALL BE IN WRITING. IF AN APPLICATION  IS  NOT
 DENIED  IN  WRITING  WITHIN  SIXTY  DAYS FROM THE DATE OF RECEIPT OF THE
 APPLICATION, THE APPLICATION SHALL BE DEEMED APPROVED, UNLESS THAT DELAY
 IS THE RESULT OF A REASONABLE REQUEST FOR ADDITIONAL INFORMATION.
   (E) IF THE ELECTRIC VEHICLE CHARGING STATION IS TO BE  PLACED  IN  THE
 COMMON  ELEMENTS OR IN AN EXCLUSIVE USE COMMON ELEMENT, AS DESIGNATED IN
 THE COMMON INTEREST DECLARATION, THE FOLLOWING PROVISIONS SHALL APPLY:
   (I) THE OWNER FIRST 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 ALL OF THE
 FOLLOWING:
   (A) COMPLY WITH THE  ASSOCIATION'S  ARCHITECTURAL  STANDARDS  FOR  THE
 INSTALLATION OF THE CHARGING STATION;
   (B) ENGAGE A LICENSED CONTRACTOR TO INSTALL THE CHARGING STATION;
   (C)  WITHIN FOURTEEN DAYS OF APPROVAL, PROVIDE A CERTIFICATE OF INSUR-
 ANCE THAT NAMES THE ASSOCIATION  AS  AN  ADDITIONAL  INSURED  UNDER  THE
 OWNER'S  INSURANCE  POLICY  PURSUANT TO SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH; AND
   (D) PAY FOR BOTH THE COSTS ASSOCIATED WITH THE INSTALLATION OF AND THE
 ELECTRICITY USAGE ASSOCIATED WITH THE CHARGING STATION.
   (II) THE OWNER AND EACH SUCCESSIVE OWNER OF THE CHARGING STATION SHALL
 BE RESPONSIBLE FOR ALL OF THE FOLLOWING:
   (A) COSTS FOR DAMAGE TO THE CHARGING STATION, COMMON ELEMENTS,  EXCLU-
 SIVE USE COMMON ELEMENTS, OR SEPARATE UNITS RESULTING FROM THE INSTALLA-
 TION,  MAINTENANCE,  REPAIR,  REMOVAL,  OR  REPLACEMENT  OF THE CHARGING
 STATION;
   (B) COSTS FOR THE MAINTENANCE, REPAIR, AND REPLACEMENT OF THE CHARGING
 STATION UNTIL IT HAS BEEN REMOVED AND FOR THE RESTORATION OF THE  COMMON
 ELEMENTS AFTER REMOVAL;
   (C) THE COST OF ELECTRICITY ASSOCIATED WITH THE CHARGING STATION; AND
   (D)  DISCLOSING  TO  PROSPECTIVE  BUYERS THE EXISTENCE OF ANY CHARGING
 STATION OF THE OWNER AND THE RELATED RESPONSIBILITIES OF THE OWNER UNDER
 THIS SECTION.
   (III) THE OWNER OF THE CHARGING  STATION,  WHETHER  LOCATED  WITHIN  A
 SEPARATE  UNIT  OR  WITHIN  THE  COMMON ELEMENTS OR EXCLUSIVE USE COMMON
 ELEMENTS, SHALL, AT ALL TIMES, MAINTAIN A LIABILITY COVERAGE POLICY. THE
 OWNER THAT SUBMITTED THE APPLICATION TO  INSTALL  THE  CHARGING  STATION
 SHALL  PROVIDE  THE  ASSOCIATION  WITH  THE CORRESPONDING CERTIFICATE OF
 INSURANCE WITHIN FOURTEEN DAYS OF  APPROVAL  OF  THE  APPLICATION.  THAT
 OWNER  AND  EACH  SUCCESSOR OWNER SHALL PROVIDE THE ASSOCIATION WITH THE
 CERTIFICATE OF INSURANCE ANNUALLY THEREAFTER.

 A. 6338--A                          3
 
   (IV) A HOMEOWNER SHALL  NOT  BE  REQUIRED  TO  MAINTAIN  A  HOMEOWNERS
 LIABILITY  COVERAGE  POLICY FOR AN EXISTING NATIONAL ELECTRICAL MANUFAC-
 TURERS ASSOCIATION STANDARD ALTERNATING CURRENT POWER PLUG.
   (F) EXCEPT AS PROVIDED IN PARAGRAPH (G) OF THIS SUBDIVISION, INSTALLA-
 TION OF AN ELECTRIC VEHICLE CHARGING STATION FOR THE EXCLUSIVE USE OF AN
 OWNER  IN A COMMON ELEMENT, THAT IS NOT AN EXCLUSIVE USE COMMON ELEMENT,
 SHALL BE AUTHORIZED BY THE  ASSOCIATION  ONLY  IF  INSTALLATION  IN  THE
 OWNER'S  DESIGNATED  PARKING  SPACE IS IMPOSSIBLE OR UNREASONABLY EXPEN-
 SIVE. IN SUCH CASES, THE ASSOCIATION SHALL ENTER INTO A  LICENSE  AGREE-
 MENT  WITH  THE OWNER FOR THE USE OF THE SPACE IN A COMMON AREA, AND THE
 OWNER SHALL COMPLY WITH ALL OF THE REQUIREMENTS IN PARAGRAPH (E) OF THIS
 SUBDIVISION.
   (G) THE ASSOCIATION OR OWNERS MAY INSTALL AN ELECTRIC VEHICLE CHARGING
 STATION IN THE COMMON ELEMENTS FOR THE USE OF ALL MEMBERS OF THE ASSOCI-
 ATION AND, IN THAT CASE, THE ASSOCIATION SHALL DEVELOP APPROPRIATE TERMS
 OF USE FOR THE CHARGING STATION.
   (H) AN ASSOCIATION MAY CREATE A NEW PARKING SPACE WHERE  ONE  DID  NOT
 PREVIOUSLY  EXIST  TO FACILITATE THE INSTALLATION OF AN ELECTRIC VEHICLE
 CHARGING STATION.
   (I) AN ASSOCIATION THAT  WILLFULLY  VIOLATES  THIS  SECTION  SHALL  BE
 LIABLE TO THE APPLICANT OR OTHER PARTY FOR ACTUAL DAMAGES, AND SHALL PAY
 A  CIVIL  PENALTY  TO  THE  APPLICANT OR OTHER PARTY IN AN AMOUNT NOT TO
 EXCEED ONE THOUSAND DOLLARS.
   (J) IN ANY ACTION BY A UNIT OWNER REQUESTING TO HAVE AN ELECTRIC VEHI-
 CLE CHARGING STATION INSTALLED AND SEEKING TO  ENFORCE  COMPLIANCE  WITH
 THIS SECTION, THE UNIT OWNER SHALL BE AWARDED REASONABLE ATTORNEY'S FEES
 IF HE OR SHE PREVAILS.
   § 2. This act shall take effect immediately.