NY State Senate Bill 2021-S8518

Archive: Last Bill Status Via A6165 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	returned to assembly passed senate 3rd reading cal.1182 substituted for s8518a
May 25, 2022	substituted by a6165a
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1182
May 05, 2022	print number 8518a
May 05, 2022	amend and recommit to judiciary
Mar 08, 2022	referred to judiciary

Votes

- May 25, 2022 - Floor Vote
  A6165
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Ortt
      
      excused (2)
      
      Breslin
      
      Brouk
  May 10, 2022 - Judiciary Committee Vote
  S8518
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 10, 2022
      
      aye (15)
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Lanza
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Sepúlveda
      
      Skoufis
      
      Thomas

Bill Amendments

Original

A (Active)

2021-S8518 - Details

Law Section:: Real Property Law
Laws Affected:: Add Art 9-D §343, RP L

2021-S8518 - Summary

Enacts the electric vehicle rights act; provides that a homeowners' association may not adopt or enforce any rules or regulations that would effectively prohibit, or impose unreasonable limitations on, the installation or use of an electric vehicle charging station.

2021-S8518 - Sponsor Memo

                                 
BILL NUMBER: S8518

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the real property law, in relation to enacting the elec-
tric vehicle rights act

 
PURPOSE:

To remove barriers to the installation of electric vehicle charging
stations.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding article 9-C, which
prohibits homeowners' associations from adopting or enforcing any rules
or regulations that would effectively prohibit the installation or use
of electric vehicle charging stations, or render the installation overly
costly.  Any denial of a homeowner's application to install an electric
vehicle charger must be in writing and contain a detailed description of
the reasons for denial. If a written denial is not issued to the home-

owner within 60 days the application shall be deemed approved.' Attor-
ney's fees shall be awarded to a homeowner if they prevail in an action
seeking to enforce compliance with this section.

Section 2 provides the effective date

 
JUSTIFICATION:

Increasing the adoption of electric vehicles is essential for New York
to able to meet emissions goals set by The Climate Leadership and Commu-
nity Protection Act (CLCPA) but without a robust charging station
network, consumers won't see electric vehicles as realistic alternatives
to gas powered vehicles.

This legislation would prevent a homeowners' association from prohibit-
ing a homeowner from installing a charging station on their property,
while also providing a homeowners' association the ability to have a
voice in the installation process if they choose.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
60 days after becoming law.

2021-S8518 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8518
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to enacting the elec-
   tric vehicle rights act
 
   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 article
 9-C to read as follows:
                                ARTICLE 9-C
                        ELECTRIC VEHICLE RIGHTS ACT
 SECTION 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   § 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF  HOMEOWNERS'
 ASSOCIATIONS  PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF THIS
 SECTION:
   (A) "RESTRICTION ON USE" SHALL  MEAN  ANY  COVENANT,  RESTRICTION,  OR
 CONDITION CONTAINED IN:
   (I) A DEED;
   (II) A CONTRACT;
   (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
   (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
   (V) A SECURITY AGREEMENT; OR
   (VI)  ANY  OTHER  INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY
 INTEREST IN, REAL PROPERTY.
   (B) "ELECTRIC VEHICLE CHARGING STATION" SHALL HAVE THE SAME MEANING AS
 SUCH TERM IS DEFINED IN SECTION THREE  HUNDRED  THIRTY-NINE-LL  OF  THIS
 CHAPTER.
   2.  A  HOMEOWNERS'  ASSOCIATION  MAY NOT ADOPT OR ENFORCE ANY RULES OR
 REGULATIONS THAT WOULD  EFFECTIVELY  PROHIBIT,  OR  IMPOSE  UNREASONABLE
 LIMITATIONS  ON, THE INSTALLATION OR USE OF AN ELECTRIC VEHICLE CHARGING
 STATION.  A RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTALLA-
 TION OR USE OF AN ELECTRIC VEHICLE CHARGING STATION IS UNENFORCEABLE AND
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY. FOR  THE  PURPOSES  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10014-01-1

 S. 8518                             2
 
 SUBDIVISION, AN UNREASONABLE LIMITATION INCLUDES, BUT IS NOT LIMITED TO,
 ANY RESTRICTION ON USE THAT:
   (A) INHIBITS THE ELECTRIC VEHICLE CHARGING STATION FROM FUNCTIONING AT
 ITS INTENDED MAXIMUM EFFICIENCY; OR
   (B)  INCREASES THE ELECTRIC VEHICLE CHARGING STATION'S INSTALLATION OR
 MAINTENANCE COSTS BY AN AMOUNT WHICH IS ESTIMATED TO BE GREATER THAN TEN
 PERCENT OF THE TOTAL COST OF THE INITIAL INSTALLATION  OF  THE  ELECTRIC
 VEHICLE CHARGING STATION, INCLUDING THE COSTS OF LABOR AND EQUIPMENT.
   3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS SECTION, A HOMEOWNERS'
 ASSOCIATION MAY ADOPT OR ENFORCE A RESTRICTION ON USE  TO  PROHIBIT  THE
 INSTALLATION  OF AN ELECTRIC VEHICLE CHARGING STATION THAT IS LOCATED ON
 PROPERTY OWNED BY THE HOMEOWNERS' ASSOCIATION  OR  THAT  IS  LOCATED  ON
 PROPERTY OWNED IN COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
   4.    IF  APPROVAL  FOR THE INSTALLATION OR USE OF AN ELECTRIC VEHICLE
 CHARGING STATION IS REQUIRED BY A HOMEOWNERS' ASSOCIATION, THE  APPLICA-
 TION  FOR APPROVAL SHALL BE PROCESSED AND APPROVED BY THE ASSOCIATION IN
 A MANNER PRESCRIBED BY  THE  ASSOCIATION  AND  SHALL  NOT  BE  WILLFULLY
 AVOIDED OR DELAYED. THE APPROVAL OR DENIAL OF AN APPLICATION SHALL BE IN
 WRITING.    ANY  DENIAL  OF  A  HOMEOWNER'S  APPLICATION SHALL INCLUDE A
 DETAILED DESCRIPTION OF THE EXACT BASIS FOR THE DENIAL AND SHALL INCLUDE
 SPECIFIC EXAMPLES OF THE HOMEOWNERS' ASSOCIATION'S CONCERNS, IF APPLICA-
 BLE.  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.
   5.  AN  ELECTRIC  VEHICLE CHARGING STATION SHALL MEET THE REQUIREMENTS
 ESTABLISHED BY ANY LOCAL, STATE OR FEDERAL LAW, RULE  OR  REGULATION  ON
 HEALTH  AND SAFETY STANDARDS AND THOSE REQUIREMENTS IMPOSED BY STATE AND
 LOCAL PERMITTING AUTHORITIES.
   6. IN ANY ACTION BY A HOMEOWNER REQUESTING TO HAVE AN ELECTRIC VEHICLE
 CHARGING STATION INSTALLED AND SEEKING TO ENFORCE COMPLIANCE  WITH  THIS
 SECTION, THE HOMEOWNER SHALL BE AWARDED REASONABLE ATTORNEY'S FEES IF HE
 OR SHE PREVAILS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2021-S8518A (ACTIVE) - Details

Law Section:: Real Property Law
Laws Affected:: Add Art 9-D §343, RP L

2021-S8518A (ACTIVE) - Summary

2021-S8518A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8518A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the real property law, in relation to enacting the elec-
tric vehicle rights act

 
PURPOSE:

To remove barriers to the installation of electric vehicle charging
stations.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding article 9-C, which
prohibits homeowners' associations from adopting or enforcing any rules
or regulations that would effectively prohibit the installation or use
of electric vehicle charging stations, or render the installation overly
costly.

Any denial of a homeowner's application to install an electric vehicle

charger must be in writing and contain a detailed description of the
reasons for denial. If a written denial is not issued to the homeowner
within 60 days the application shall be deemed approved.  Attorney's
fees shall be awarded to a homeowner if she prevails in an action seek-
ing to enforce compliance with this section.

Section 2 provides the effective date

 
JUSTIFICATION:

Increasing the adoption of electric vehicles is essential for New York
to able to meet emissions goals set by The Climate Leadership and Commu-
nity Protection Act (CLCPA) but without a robust charging station
network, consumers won't see electric vehicles as realistic alternatives
to gas powered vehicles. This legislation would prevent a homeowners'
association from prohibiting a homeowner from installing a charging
station on her property, while also providing a homeowners' association
the ability to have a voice in the installation process if they choose.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
60 days after becoming law.

2021-S8518A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8518--A
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 enacting the elec-
   tric vehicle rights act

   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  article
 9-D to read as follows:
                                ARTICLE 9-D
                        ELECTRIC VEHICLE RIGHTS ACT
 SECTION 343. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   §  343. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWNERS'
 ASSOCIATIONS PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   (A)  "RESTRICTION  ON  USE"  SHALL  MEAN ANY COVENANT, RESTRICTION, OR
 CONDITION CONTAINED IN:
   (I) A DEED;
   (II) A CONTRACT;
   (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
   (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
   (V) A SECURITY AGREEMENT; OR
   (VI) ANY OTHER INSTRUMENT AFFECTING THE TRANSFER OR SALE  OF,  OR  ANY
 INTEREST IN, REAL PROPERTY.
   (B) "ELECTRIC VEHICLE CHARGING STATION" SHALL HAVE THE SAME MEANING AS
 SUCH  TERM  IS  DEFINED  IN SECTION THREE HUNDRED THIRTY-NINE-LL OF THIS
 CHAPTER.
   2. A HOMEOWNERS' ASSOCIATION MAY NOT ADOPT OR  ENFORCE  ANY  RULES  OR
 REGULATIONS  THAT  WOULD  EFFECTIVELY  PROHIBIT,  OR IMPOSE UNREASONABLE
 LIMITATIONS ON, THE INSTALLATION OR USE OF AN ELECTRIC VEHICLE  CHARGING
 STATION.  A RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTALLA-
 TION OR USE OF AN ELECTRIC VEHICLE CHARGING STATION IS UNENFORCEABLE AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10014-03-2
 S. 8518--A                          2
 
 SHALL  BE  VOID  AS  CONTRARY TO PUBLIC POLICY. FOR THE PURPOSES OF THIS
 SUBDIVISION, AN UNREASONABLE LIMITATION INCLUDES, BUT IS NOT LIMITED TO,
 ANY RESTRICTION ON USE THAT:
   (A) INHIBITS THE ELECTRIC VEHICLE CHARGING STATION FROM FUNCTIONING AT
 ITS INTENDED MAXIMUM EFFICIENCY; OR
   (B)  INCREASES THE ELECTRIC VEHICLE CHARGING STATION'S INSTALLATION OR
 MAINTENANCE COSTS BY AN AMOUNT WHICH IS ESTIMATED TO BE GREATER THAN TEN
 PERCENT OF THE TOTAL COST OF THE INITIAL INSTALLATION  OF  THE  ELECTRIC
 VEHICLE CHARGING STATION, INCLUDING THE COSTS OF LABOR AND EQUIPMENT.
   3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS SECTION, A HOMEOWNERS'
 ASSOCIATION MAY ADOPT OR ENFORCE A RESTRICTION ON USE  TO  PROHIBIT  THE
 INSTALLATION  OF AN ELECTRIC VEHICLE CHARGING STATION THAT IS LOCATED ON
 PROPERTY OWNED BY THE HOMEOWNERS' ASSOCIATION  OR  THAT  IS  LOCATED  ON
 PROPERTY OWNED IN COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
   4.    IF  APPROVAL  FOR THE INSTALLATION OR USE OF AN ELECTRIC VEHICLE
 CHARGING STATION IS REQUIRED BY A HOMEOWNERS' ASSOCIATION, THE  APPLICA-
 TION  FOR APPROVAL SHALL BE PROCESSED AND APPROVED BY THE ASSOCIATION IN
 A MANNER PRESCRIBED BY  THE  ASSOCIATION  AND  SHALL  NOT  BE  WILLFULLY
 AVOIDED OR DELAYED. THE APPROVAL OR DENIAL OF AN APPLICATION SHALL BE IN
 WRITING.    ANY  DENIAL  OF  A  HOMEOWNER'S  APPLICATION SHALL INCLUDE A
 DETAILED DESCRIPTION OF THE EXACT BASIS FOR THE DENIAL AND SHALL INCLUDE
 SPECIFIC EXAMPLES OF THE HOMEOWNERS' ASSOCIATION'S CONCERNS, IF APPLICA-
 BLE.  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.
   5.  AN  ELECTRIC  VEHICLE CHARGING STATION SHALL MEET THE REQUIREMENTS
 ESTABLISHED BY ANY LOCAL, STATE OR FEDERAL LAW, RULE  OR  REGULATION  ON
 HEALTH  AND SAFETY STANDARDS AND THOSE REQUIREMENTS IMPOSED BY STATE AND
 LOCAL PERMITTING AUTHORITIES.
   6. IN ANY ACTION BY A HOMEOWNER REQUESTING TO HAVE AN ELECTRIC VEHICLE
 CHARGING STATION INSTALLED AND SEEKING TO ENFORCE COMPLIANCE  WITH  THIS
 SECTION, THE HOMEOWNER SHALL BE AWARDED REASONABLE ATTORNEY'S FEES IF HE
 OR SHE PREVAILS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8518

Sponsored By

Archive: Last Bill Status Via A6165 - Passed Senate

May 25, 2022 - Floor Vote

Floor Vote: May 25, 2022

May 10, 2022 - Judiciary Committee Vote

Judiciary Committee Vote: May 10, 2022

Bill Amendments

2021-S8518 - Details

2021-S8518 - Summary

2021-S8518 - Sponsor Memo

2021-S8518 - Bill Text download pdf

co-Sponsors

2021-S8518A (ACTIVE) - Details

2021-S8518A (ACTIVE) - Summary

2021-S8518A (ACTIVE) - Sponsor Memo

2021-S8518A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8518

Share this bill

Sponsored By

Michelle Hinchey

Archive: Last Bill Status Via A6165 - Passed Senate

Bill Amendments

2021-S8518 - Details

2021-S8518 - Summary

2021-S8518 - Sponsor Memo

2021-S8518 - Bill Text download pdf

co-Sponsors

Rachel May

2021-S8518A (ACTIVE) - Details

2021-S8518A (ACTIVE) - Summary

2021-S8518A (ACTIVE) - Sponsor Memo

2021-S8518A (ACTIVE) - Bill Text download pdf

Comments