SB 40

Abstract

Creates the Electric Vehicle Charging Act. Provides that the Act applies to new single-family homes and newly constructed or renovated multi-unit residential buildings that have parking spaces and are constructed or renovated after the effective date of the Act. Defines terms. Provides that a new single-family residence or a small multifamily residence shall have at least one electric vehicle capable parking space for each residential unit that has dedicated parking, unless any subsequently adopted building code requires additional electric vehicle capable parking spaces or installed electric vehicle supply equipment. Includes electric vehicle parking space requirements for a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association. Includes electric vehicle parking space requirements for affordable housing and for an existing multi-unit residential building subject to an association that undertakes renovation. Includes electric vehicle charging station policies for unit owners and for renters. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes. Provides that the Act applies to newly constructed single-family homes and multi-unit residential buildings (rather than new single-family homes and newly constructed or renovated multi-unit residential buildings). Removes the definitions of "electric vehicle charging station", "electric vehicle system", and "renovated". Changes the definitions of "EV-capable", "EV-ready", "level 1", and "level 2". Provides that the residential requirements for electric vehicle parking spaces apply to all building permits issued 90 days after the effective date of the Act. Provides that all building permits issued 90 days after the effective date of the Act shall require a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association to have 100% of its total parking spaces EV-capable (rather than a specified percentage of EV-capable spaces based on the total amount of parking spaces available). Changes the residential requirements for electric vehicle parking spaces for permits issued 24 months after the effective date Provides that all building permits issued 24 months after the effective date of the Act to be as follows: (1) for permits issued 24 months after the effective date of this Act, a minimum of 40% EV-capable parking spaces; (2) for permits issued 5 years after the effective date of this Act, a minimum of 50% EV-capable parking spaces; and (3) for permits issued 10 years after the effective date of this Act, a minimum of 70% EV-capable parking spaces. Removes language providing that an existing multi-unit residential building subject to an association that undertakes a capital maintenance, repair, replacement, or improvement project related to electrical power infrastructure shall be required to upgrade or install electrical panel capacity for dedicated branch circuits sufficient to ensure that the residential building has the power capacity to become electric vehicle capable as it relates to the space requirements. Removes language providing that a renovated large multifamily residential building that qualifies as an affordable housing development is subject to certain requirements if more than 25% of parking spaces are substantially modified. Makes other changes. Senate Floor Amendment No. 2 Changes the definitions of "level 1" and "level 2". Provides that a tenant may install, at the tenant's own expense for the tenant's own use, a level 1 or level 2 receptacle or outlet or a level 2 electric vehicle charging system (rather than a level 1 or level 2 electric vehicle charging system) on or in the leased premises. Senate Floor Amendment No. 3 Provides that "EV capable" shall not be construed to require a developer or builder to install or run wire or cable from the electrical panel through the conduit or raceway to the terminus of the conduit. Provides that nothing in the Act shall be construed to require that in the case of a developer converting the property to an association, no EV-capable or EV-ready mandate shall apply if it would necessitate the developer having to excavate an existing surface lot or other parking facility in order to retrofit the parking lot or facility with the necessary conduit and wiring. Establishes that an association that willfully violates the provisions shall be liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner for actual damages and shall pay a civil penalty to the unit owner not to exceed $500 (rather than $1,000). Provides that in any action by a unit owner requesting to have an electric vehicle installed and seeking to enforce compliance with the provisions, the court shall award reasonable attorney's fees to a prevailing party (rather than a prevailing plaintiff). Provides that a landlord shall not assess or charge a tenant any fees for the placement or use of an electric vehicles charging system, except that a landlord may charge a security deposit to cover costs to restore the property to its original condition if the tenant removes the electric vehicle charging system.