Bill H.1303

HOUSE DOCKET, NO. 2515 FILED ON: 1/19/2023

HOUSE . . . . . . . . . . . . . . . No. 1303

By Representatives Ciccolo of Lexington and Owens of Watertown, a petition (accompanied by bill, House, No. 1303) of Michelle L. Ciccolo and Steven Owens relative to the rights of homeowners to install electric vehicle charging stations. Housing.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to ensure the right to install electric vehicle charging stations.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Definitions

For the purpose of this section:

"Electric vehicle charging system" means a system that is designed in compliance with Article 625 of the National Electrical Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging system may include several charge points simultaneously connecting several electric vehicles to the system.

“Association” means any association of homeowners, community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, and administrative provisions with which a homeowner's compliance is required.

“Owner” means a person or persons who own a separate lot, unit, or interest, along with an undivided interest or membership interest in the common area of the entire project, including but not limited to condominiums, planned unit developments, and parcels subject to a homeowners’ association.

“Separate interest” means the separate lot, unit, or interest to which an owner has exclusive rights of ownership.

“Dedicated parking space” refers to both parking spaces that are located within an owner’s separate interest, as well as parking spaces that are in a common area, but subject to exclusive use rights of an owner, including, but not limited to, a deeded parking space, a garage space, a carport, or a parking space that is specifically designated for use by a particular owner.

“Reasonable restrictions” means restrictions that do not significantly increase the cost of the station, significantly decrease its efficiency or specified performance, or effectively prohibit the installation altogether.

“Historic District Commission” means a commission responsible for administering the rules and regulations of a historic district established by a community pursuant to Massachusetts General Laws Chapter 40C.

“Neighborhood Conservation District” means a district established by a municipal governing body as part of the local zoning code or bylaws for the express purpose of protecting the architectural character of a neighborhood.

“Municipal Governing Body” means the legislative decision-making body of a city or town.

Right of Owner to Install Electric Vehicle Charging Station

Associations, Historic District Commissions (HDCs), and Neighborhood Conservation Districts (NCDs) may not prohibit or unreasonably restrict an owner from installing an electric vehicle charging station on or in areas subject to their separate interest, on or in areas to which they have exclusive use, or on a common element, so long as it was within a reasonable distance of the dedicated parking space. Nothing in this section shall be construed to prohibit an association, HDC, or NCD from making reasonable restrictions as defined in Section 1.

Rules and Regulations

A. Installation of any electric vehicle charging station is subject to the following provisions:

a) The electric vehicle charging station must be installed at the owners’ expense;

b) The electric vehicle charging station must be installed by a licensed contractor and/or electrician;

c) An electric vehicle charging station shall meet all applicable health and safety standards and requirements imposed by national, state, and local authorities, as well as all other applicable zoning, land use or other ordinances, or land use permits.

B. The association, HDC, or NCD may require an owner to submit an application before installing a charging station, subject to the following provisions:

a) If the association, HDC, or NCD requires such an application, the application shall be processed and approved by the association, HDC, or NCD in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed;

b) The association, HDC, or NCD shall approve the application if the owner complies with the association, HDC, or NCD’s architectural standards and the provisions of this section;

c) The approval or denial of an application shall be in writing;

d) If an application is not denied in writing within 60 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) The association, HDC, or NCD may not assess or charge the owner any fees for the placement of any electric vehicle charging station, beyond reasonable fees for processing the application, provided that such fees exist for all applications for approval of architectural modifications.

Rights and Responsibilities of Ownership

A. The owner and each successive owner of the separate interest or with exclusive rights to the area where the electric vehicle charging system is installed is responsible for:

a) disclosing to prospective buyers the existence of any charging station of the owner and the related responsibilities of the owner under this section.

b) disclosing to prospective buyers if the owner intends to remove the station in order to install it at their new place of residence.

c) costs for the maintenance, repair, and replacement of the electric vehicle charging station until it has been removed, and for restoration of the common area after removal.

d) costs for damage to the electric vehicle charging station, common area, exclusive common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging station.

e) the cost of electricity associated with the electric vehicle charging station. Pursuant to this clause, the owner must connect the electric vehicle charging station to their own electricity utility account unless the licensed contractor performing the installation deems that to be impossible. In this circumstance, the association, HDC, or NCD shall allow the owner to connect the electric vehicle charging station to the common electricity account, but may require reimbursement by the owner to the association, HDC, or NCD for the electricity costs, per the owner’s responsibility for such costs.

f) removing the electric vehicle charging station if reasonably necessary for the repair, maintenance, or replacement of any property of the association, HDC, NCD, or of separate interests.

Common Area Electric Vehicle Charging Stations

A. An association may install an electric vehicle charging station in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.

Severability

The provisions of this section are severable, and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions, which remain in full force and effect.

SECTION 2. This act shall take effect 30 days after passage.

Name:	District/Address:	Date Added:
Michelle L. Ciccolo	15th Middlesex	1/19/2023
Steven Owens	29th Middlesex	1/19/2023
Shirley B. Arriaga	8th Hampden	11/14/2023