S T A T E O F N E W Y O R K
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5157--A
2019-2020 Regular Sessions
I N S E N A T E
April 11, 2019
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
PARTICULAR OWNER, OR IS IN CONFLICT WITH THE PROVISIONS OF THIS SECTION
SHALL BE VOID AND UNENFORCEABLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09641-03-9
S. 5157--A 2
(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.
(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.
S. 5157--A 3
(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.
