NY State Senate Bill S8518A

Archive: Last Bill Status Via A6165 - 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 (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 22, 2022	signed chap.627
Nov 21, 2022	delivered to governor
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

Bill Amendments

Original

A (Active)

Original

A (Active)

S8518 - Details

See Assembly Version of this Bill:: A6165
Law Section:: Real Property Law
Laws Affected:: Add Art 9-D §343, RP L

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.

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.

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

S8518A (ACTIVE) - Details

See Assembly Version of this Bill:: A6165
Law Section:: Real Property Law
Laws Affected:: Add Art 9-D §343, RP L

S8518A (ACTIVE) - Summary

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.

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.

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The New York State Senate

senate Bill S8518A

Sponsored By

Archive: Last Bill Status Via A6165 - Signed by Governor

Your Voice

Actions

Votes

May 25, 2022 - floor Vote

Floor Vote: May 25, 2022

May 10, 2022 - Judiciary committee Vote

Judiciary Committee Vote: May 10, 2022

Bill Amendments

S8518 - Details

S8518 - Summary

S8518 - Sponsor Memo

S8518 - Bill Text download pdf

Co-Sponsors

S8518A (ACTIVE) - Details

S8518A (ACTIVE) - Summary

S8518A (ACTIVE) - Sponsor Memo

S8518A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8518A

Share this bill

Sponsored By

Michelle Hinchey

Archive: Last Bill Status Via A6165 - Signed by Governor

Your Voice

Actions

Votes

May 25, 2022 - floor Vote

Floor Vote: May 25, 2022

May 10, 2022 - Judiciary committee Vote

Judiciary Committee Vote: May 10, 2022

Bill Amendments

S8518 - Details

S8518 - Summary

S8518 - Sponsor Memo

S8518 - Bill Text download pdf

Co-Sponsors

Rachel May

S8518A (ACTIVE) - Details

S8518A (ACTIVE) - Summary

S8518A (ACTIVE) - Sponsor Memo

S8518A (ACTIVE) - Bill Text download pdf

Comments