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S05157 Summary:

Add §339-ll, RP L
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.
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S05157 Actions:

06/16/2019PRINT NUMBER 5157A
06/19/2019referred to codes
06/20/2019substituted for a6338a
06/20/2019ordered to third reading rules cal.365
06/20/2019passed assembly
06/20/2019returned to senate
12/06/2019SIGNED CHAP.597
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S05157 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     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:
     1    Section  1.  The  real property law is amended by adding a new section
     2  339-ll to read as follows:
     3    § 339-ll. Electric vehicle charging station installation. 1.  As  used
     4  in this section:
     5    (a)  "Reasonable  restrictions" means restrictions that do not signif-
     6  icantly increase the cost of the station or significantly  decrease  its
     7  efficiency or specified performance.
     8    (b)  "Electric vehicle charging station" means a station that delivers
     9  electricity from a source outside an electric vehicle into one  or  more
    10  electric  vehicles.  An  electric  vehicle  charging station may include
    11  several charge points simultaneously connecting several  electric  vehi-
    12  cles  to  the  station  and  any  related equipment needed to facilitate
    13  charging plug-in electric vehicles.
    14    2. (a) Any covenant, restriction, or condition contained in any  deed,
    15  contract,  security instrument, or other instrument affecting the trans-
    16  fer or sale of any interest in  the  property,  and  any  by-laws,  that
    17  either  effectively prohibits or unreasonably restricts the installation
    18  or use of an electric vehicle charging station within an owner's unit or
    19  in a designated parking space, including, but not limited to,  a  deeded
    20  parking  space,  a  parking  space  in  an  owner's exclusive use common
    21  element, or a parking space that is specifically designated for use by a
    22  particular owner, or is in conflict with the provisions of this  section
    23  shall be void and unenforceable.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5157--A                          2
     1    (b)  This  section  shall  not apply to by-laws that impose reasonable
     2  restrictions on electric vehicle charging stations. However, it  is  the
     3  policy  of  the state to promote, encourage, and remove obstacles to the
     4  use of electric vehicle charging stations.
     5    (c)  An  electric  vehicle  charging station shall meet all applicable
     6  health and safety standards and requirements imposed  by  law,  rule  or
     7  regulation.
     8    (d) If approval is required for the installation or use of an electric
     9  vehicle charging station the application for approval shall be processed
    10  and  approved  by  the association in a manner prescribed by the associ-
    11  ation and shall not be willfully avoided or  delayed.  The  approval  or
    12  denial  of  an application shall be in writing. If an application is not
    13  denied in writing within sixty days from the  date  of  receipt  of  the
    14  application, the application shall be deemed approved, unless that delay
    15  is the result of a reasonable request for additional information.
    16    (e)  If  the  electric vehicle charging station is to be placed in the
    17  common elements or in an exclusive use common element, as designated  in
    18  the common interest declaration, the following provisions shall apply:
    19    (i)  The  owner  first  shall  obtain approval from the association to
    20  install the electric vehicle charging station and the association  shall
    21  approve the installation if the owner agrees in writing to do all of the
    22  following:
    23    (A)  comply  with  the  association's  architectural standards for the
    24  installation of the charging station;
    25    (B) engage a licensed contractor to install the charging station;
    26    (C) within fourteen days of approval, provide a certificate of  insur-
    27  ance  that  names  the  association  as  an additional insured under the
    28  owner's insurance policy pursuant to subparagraph (iii)  of  this  para-
    29  graph; and
    30    (D) pay for both the costs associated with the installation of and the
    31  electricity usage associated with the charging station.
    32    (ii) The owner and each successive owner of the charging station shall
    33  be responsible for all of the following:
    34    (A)  costs for damage to the charging station, common elements, exclu-
    35  sive use common elements, or separate units resulting from the installa-
    36  tion, maintenance, repair,  removal,  or  replacement  of  the  charging
    37  station;
    38    (B) costs for the maintenance, repair, and replacement of the charging
    39  station  until it has been removed and for the restoration of the common
    40  elements after removal;
    41    (C) the cost of electricity associated with the charging station; and
    42    (D) disclosing to prospective buyers the  existence  of  any  charging
    43  station of the owner and the related responsibilities of the owner under
    44  this section.
    45    (iii)  The  owner  of  the  charging station, whether located within a
    46  separate unit or within the common  elements  or  exclusive  use  common
    47  elements, shall, at all times, maintain a liability coverage policy. The
    48  owner  that  submitted  the  application to install the charging station
    49  shall provide the association  with  the  corresponding  certificate  of
    50  insurance  within  fourteen  days  of  approval of the application. That
    51  owner and each successor owner shall provide the  association  with  the
    52  certificate of insurance annually thereafter.
    53    (iv)  A  homeowner  shall  not  be  required  to maintain a homeowners
    54  liability coverage policy for an existing national  electrical  manufac-
    55  turers association standard alternating current power plug.

        S. 5157--A                          3
     1    (f) Except as provided in paragraph (g) of this subdivision, installa-
     2  tion of an electric vehicle charging station for the exclusive use of an
     3  owner  in a common element, that is not an exclusive use common element,
     4  shall be authorized by the  association  only  if  installation  in  the
     5  owner's  designated  parking  space is impossible or unreasonably expen-
     6  sive. In such cases, the association shall enter into a  license  agree-
     7  ment  with  the owner for the use of the space in a common area, and the
     8  owner shall comply with all of the requirements in paragraph (e) of this
     9  subdivision.
    10    (g) The association or owners may install an electric vehicle charging
    11  station in the common elements for the use of all members of the associ-
    12  ation and, in that case, the association shall develop appropriate terms
    13  of use for the charging station.
    14    (h) An association may create a new parking space where  one  did  not
    15  previously  exist  to facilitate the installation of an electric vehicle
    16  charging station.
    17    (i) An association that  willfully  violates  this  section  shall  be
    18  liable to the applicant or other party for actual damages, and shall pay
    19  a  civil  penalty  to  the  applicant or other party in an amount not to
    20  exceed one thousand dollars.
    21    (j) In any action by a unit owner requesting to have an electric vehi-
    22  cle charging station installed and seeking to  enforce  compliance  with
    23  this section, the unit owner shall be awarded reasonable attorney's fees
    24  if he or she prevails.
    25    § 2. This act shall take effect immediately.
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