AN ACT PROVIDING FOR ELECTRIC VEHICLE CHARGING STATIONS IN THE CITY OF CAMBRIDGE
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. For the purposes of this act, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Association”, any association of homeowners, community association, condominium association, cooperative or any other nongovernmental entity in the city of Cambridge with covenants, bylaws and administrative provisions with which a homeowner's compliance is required. “Dedicated parking spot”, (i) a parking spot located within an owner's separate interest; or (ii) a parking spot 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.
“Electric vehicle charging system”, 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 1 or more electric vehicles; provided, however, that an “electric vehicle charging system” may include several charge points simultaneously connecting several electric vehicles to the system.
“Owner”, a person who own a separate lot, unit or interest, along with an undivided interest or membership interest in the common area of the entire project, in the city of Cambridge, including but not limited to, owners of condominiums, planned unit developments and parcels subject to a homeowner's association.
“Reasonable restrictions”, restrictions that do not significantly increase the cost of the station, significantly decrease its efficiency or specified performance or effectively prohibit the installation altogether.
“Separate interest”, the separate lot, unit or interest to which an owner has exclusive rights of ownership.
SECTION 2. An association may not prohibit or unreasonably restrict an owner from installing an electric vehicle charging station: (i) on or in areas subject to their separate interest; (ii) on or in areas to which they have exclusive use; (iii) or on a common element, if it is within a reasonable distance of the dedicated parking spot. Nothing in this section shall be construed to prohibit an association from making reasonable restrictions as defined in section 1.
SECTION 3. (a) An electric vehicle charging station installed in the city of Cambridge shall:
(i) be installed at the owner's expense;
(ii) be installed by a licensed contractor or electrician; and
(iii) meet all applicable health, safety and accessibility standards and requirements imposed by national, state and local authorities and all other applicable zoning, land use or other ordinances or land use permits.
(b) If an association requires an owner to submit an application before installing a charging station, the association shall:
(i) process and approve the application in the same manner as an application for approval of an architectural modification to the property, and shall not willfully avoid or delay the application; provided, however, that if the association does not deny an application in writing within 60 days of the date of receipt of the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information;
(ii) approve the application if the owner complies with the association's architectural standards and the provisions of this act;
(iii) issue any approval or denial of an application in writing;
(iv) 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, however, that any such reasonable fees shall only be assessed if such fees exist for all applications for approval of architectural modifications.
SECTION 4. (a) An owner and each successive owner of the separate interest, or any person with exclusive rights to the area where the electric vehicle charging station is installed, shall be responsible for:
(i) disclosing to prospective buyers the existence of any electric vehicle charging station of the owner and the related responsibilities of the owner under this section;
(ii) disclosing to prospective buyers whether the electric vehicle charging station is removable and whether the owner intends to remove the electric vehicle charging station in order to install it at the owner’s new place of residence;
(iii) costs, if the owner chooses to remove a station, for the maintenance, repair, replacement of the electric charging vehicle station until it has been removed, and for the restoration of the common area after removal;
(iv) 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; (v) the cost of electricity associated with the electric vehicle charging station; and
(vi) removing the electric vehicle charging station if reasonably necessary for the repair, maintenance or replacement of any property of the association or of separate interests.
(b) The owner shall connect the electric vehicle charging station to their own electricity utility account unless the licensed contractor or electrician performing the installation deems that to be impossible. If it is deemed impossible, the association 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 for the electricity costs, per the owner's responsibility for such costs.
SECTION 5. An association may install an electric vehicle charging station in the common area for the use of all members of the association; provided, however, that the association shall develop appropriate terms of use for such a charging station.
SECTION 6. This act shall take effect 30 days from its passage.
Approved, December 28, 2022.