The New York State Senate

                    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.