NY State Senate Bill S5157A

Current Bill Status - Signed by Governor

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

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2019	signed chap.597
Nov 26, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.365 substituted for a6338a
Jun 19, 2019	referred to codes delivered to assembly passed senate
Jun 18, 2019	ordered to third reading cal.1554 committee discharged and committed to rules
Jun 16, 2019	print number 5157a
Jun 16, 2019	amend and recommit to judiciary
Apr 11, 2019	referred to judiciary

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S5157 - Details

See Assembly Version of this Bill:: A6338
Law Section:: Real Property Law
Laws Affected:: Add §339-ll, RP L

S5157 - Summary

Provides that no covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a condominium and any by-laws that prohibits or unreasonably restricts the installation or use of an electric vehicle charging station is void.

S5157 - Sponsor Memo

 
BILL NUMBER: S5157

SPONSOR: BRESLIN
 
TITLE OF BILL:  An act to amend the real property law, in relation to
electric vehicle charging station installation in condominiums

 
PURPOSE OR GENERAL IDEA OF BILL:

AN ACT to amend the real property law, in relation to electric vehicle
charging station installation in condominiums

 
SUMMARY OF PROVISIONS:

This bill amends section 339 of the Real Property Law (the Condominium
Act) by adding new section 339-11:

Section 1: Definitions:

(a) Adds definition of "reasonable restrictions."

(b) Adds definition of "electric vehicle charging station."

Subsection 2:

(a) Makes severable any provision within a deed, contract, security
instrument or other instrument affecting the sale or transfer of inter-
est in any condominium-style real property that either effectively
prohibits or unreasonably restricts the installation of an electric
vehicle charging station.

(b) This section shall not apply to reasonable restrictions as defined
in Section 1 (a) of this bill.

(c) Requires an electric vehicle charging stations meet all applicable
health and safety standards.

(d) Requires any approval process for an electric vehicle charging
station to be in writing and completed within in 60 days.

(e) Defines process for approval of an electric vehicle charging station
within common elements of a condominium complex.

(f) Describes procedure for installation of an electric vehicle charging
station for the exclusive use of the owner within common elements of a
condominium complex.

(g) Describes terms by which a condominium association shall install an
electric vehicle charging station for common use.

(h) Permits an association to install a new parking space to facilitate
the installation of an electric vehicle charging station.

(i) Creates a civil penalty and designates civil liability for associ-
ations in violation of this section.

(j) Holds responsible any association in violation of this section for
the attorney's fees of a unit owner seeking to enforce compliance with
this section.

Section 2: Sets the effective date.

 
JUSTIFICATION:

As more New Yorkers opt to use electric vehicles, a major impediment to
their widespread adoption has been "range anxiety," or the concern that
a lack of electric vehicle charging infrastructure will limit the utili-
ty of owning such a vehicle. This is especially true for owners of
condominium units, who, unlike traditional homeowners, can face addi-
tional bureaucratic'hurdles in the installation of a charging station.
This bill aims to remedy this situation by granting unit owners greater
rights for the installation of electric vehicle charging stations and
creating a procedure by which a condominium association may approve the
installation of such a station.

 
PRIOR LEGISLATIVE HISTORY:

None, New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None EFFECTIVE DATE:

This act shall take effect immediately

S5157 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5157

                       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

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.
  (B) THIS SECTION SHALL NOT APPLY TO  BY-LAWS  THAT  IMPOSE  REASONABLE
RESTRICTIONS  ON  ELECTRIC VEHICLE CHARGING STATIONS. HOWEVER, IT IS THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09641-01-9

S. 5157                             2

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.
  (F)  EXCEPT  AS  PROVIDED  IN  SUBPARAGRAPH  (G)  OF THIS SUBDIVISION,
INSTALLATION OF AN ELECTRIC VEHICLE CHARGING STATION FOR  THE  EXCLUSIVE
USE OF AN OWNER IN A COMMON ELEMENT, THAT IS NOT AN EXCLUSIVE USE COMMON

S. 5157                             3

ELEMENT,  SHALL BE AUTHORIZED BY THE ASSOCIATION ONLY IF INSTALLATION IN
THE OWNER'S DESIGNATED  PARKING  SPACE  IS  IMPOSSIBLE  OR  UNREASONABLY
EXPENSIVE.  IN  SUCH  CASES,  THE ASSOCIATION SHALL ENTER INTO A LICENSE
AGREEMENT  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  PREVAILING  PLAINTIFF  SHALL  BE  AWARDED  REASONABLE
ATTORNEY'S FEES.
  § 2. This act shall take effect immediately.

Co-Sponsors

S5157A (ACTIVE) - Details

See Assembly Version of this Bill:: A6338
Law Section:: Real Property Law
Laws Affected:: Add §339-ll, RP L

S5157A (ACTIVE) - Summary

S5157A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5157A

SPONSOR: BRESLIN
 
TITLE OF BILL:  An act to amend the real property law, in relation to
electric vehicle charging station installation in condominiums

 
PURPOSE OR GENERAL IDEA OF BILL:  AN ACT to amend the real property
law, in relation to electric vehicle charging station installation in
condominiums

 
SUMMARY OF PROVISIONS: This bill amends section 339 of the Real Prop-
erty Law (the Condominium Act) by adding new section 339-11:

Section 1: Definitions:

(a) Adds definition of "reasonable restrictions."

(b) Adds definition of "electric vehicle charging station." Subsection
2:

(a) Makes severable any provision within a deed, contract, security

instrument or other instrument affecting the sale or transfer of inter-
est in any condominium-style real property that either effectively
prohibits or unreasonably restricts the installation of an electric
vehicle charging station.

(b) This section shall not apply to reasonable restrictions as defined
in Section 1 (a) of this bill.

(c) Requires an electric vehicle charging stations meet all applicable
health and safety standards.

(d) Requires any approval process for an electric vehicle charging
station to be in writing and completed within in 60 days.

(e) Defines process for approval of an electric vehicle charging station
within common elements of a condominium complex.

(f) Describes procedure for installation of an electric vehicle charging
station for the exclusive use of the owner within common elements of a
condominium complex.

(g) Describes terms by which a condominium association shall install an
electric vehicle charging station for common use.

(h) Permits an association to install a new parking space to facilitate
the installation of an electric vehicle charging station.

(i) Creates a civil penalty and designates civil liability for associ-
ations in violation of this section.

(j) Holds responsible any association in violation of this section for
the attorney's fees of a unit owner seeking to enforce compliance with
this section.

Section 2: Sets the effective date.

 
JUSTIFICATION:

As more New Yorkers opt to use electric vehicles, a major impediment to
their widespread adoption has been "range anxiety," or the concern that
a lack of electric vehicle charging infrastructure will limit the utili-
ty of owning such a vehicle. This is especially true for owners of
condominium units, who, unlike traditional homeowners, can face addi-
tional bureaucratic hurdles in the installation of a charging station.
This bill aims to remedy this situation by granting unit owners greater
rights for the installation of electric vehicle charging stations and
creating a procedure by which a condominium association may approve the
installation of such a station.

 
PRIOR LEGISLATIVE HISTORY:

None, New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

S5157A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 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.

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The New York State Senate

senate Bill S5157A

Sponsored By

Current Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 19, 2019 - floor Vote

Floor Vote: Jun 19, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Bill Amendments

S5157 - Details

S5157 - Summary

S5157 - Sponsor Memo

S5157 - Bill Text download pdf

Co-Sponsors

S5157A (ACTIVE) - Details

S5157A (ACTIVE) - Summary

S5157A (ACTIVE) - Sponsor Memo

S5157A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5157A

Share this bill

Sponsored By

Neil D. Breslin

Current Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 19, 2019 - floor Vote

Floor Vote: Jun 19, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Bill Amendments

S5157 - Details

S5157 - Summary

S5157 - Sponsor Memo

S5157 - Bill Text download pdf

Co-Sponsors

Anna M. Kaplan

S5157A (ACTIVE) - Details

S5157A (ACTIVE) - Summary

S5157A (ACTIVE) - Sponsor Memo

S5157A (ACTIVE) - Bill Text download pdf

Comments