senate Bill S5157A

Signed By Governor
2019-2020 Legislative Session

Relates to electric vehicle charging station installation in condominiums

download bill text pdf

Sponsored By

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

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

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.

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

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.

S5157A (ACTIVE) - Sponsor Memo

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.

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