ASSEMBLY HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1030

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 7, 2019

      The Assembly Housing and Community Development Committee reports favorably Assembly Bill No. 1030, with committee amendments.

      This bill, as amended, establishes standards to encourage the installation and use of electric vehicle (EV) charging stations in common interest communities.

      Specifically, the bill prohibits common interest communities from adopting rules that prohibit or unreasonably restrict the installation or use of EV charging stations in the designated parking space of a unit owner.  Under the bill, common interest communities may, however, impose “reasonable restrictions” on the installation and use of EV charging stations, provided that the restrictions do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station. 

      In addition, if the approval of an association is required for the installation of an EV charging station, the bill requires the application to be processed and approved in the same manner as that of an architectural modification.  The bill also provides that if an application is not denied in writing within 60 days of the receipt of the application, the application would be deemed approved, unless the delay is due to a reasonable request for additional information.

      The bill also authorizes the executive board of a common interest community to grant the exclusive or limited use of a common element by a unit owner for the purposes of installing and using an EV charging station, notwithstanding any provisions of the association’s governing documents to the contrary, provided that: (1) the charging station is installed and used in a designated parking station of the unit owner, and reasonable access is provided through the common element for utility lines or meters; or (2) the installation and use of the charging station is authorized by a license agreement granted by the association.

      The bill provides that an association may only enter into a license agreement with a unit owner for the use of a common element, not including a limited common element, if it is impossible or unreasonably expensive to install an EV charging station in a designated parking space of the unit owner. The bill also allows an association to install an EV charging station in a common element for the use of all members of the association and develop appropriate terms of the use for the charging station.

      The bill also sets forth various requirements concerning the installation and use of EV charging stations in a common element or a limited common element of a common interest community.  Under the bill, a unit owner who seeks approval from an association to install an EV charging station is required to: (1) comply with the association’s architectural standards for the installation of the charging station, (2) engage a licensed contractor to install the charging station, (3) name the association as an additional insured under the owner’s insurance policy, and (4) pay for the electricity usage associated with the charging station.

      The bill also requires the unit owner of the EV charging station to defray certain costs associated with the damage, maintenance, and electricity usage of the charging station.  The unit owner would also be required to disclose the existence of the charging station to prospective buyers and maintain a homeowner liability coverage policy in an amount of $1,000,000.

      Any association that willfully violates the provisions of the bill would be liable to the unit owner, or other party seeking authorization to install or use an EV charging station, for actual damages and a civil penalty not to exceed $1,000.  Under the bill, the unit owner or other party would also be entitled to reasonable attorney’s fees.

      As amended, the bill is identical to Senate Bill No. 2421 (1R).

      This bill was pre-filed for introduction in the 2018-2019 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amended the bill to revise the definition of “electric vehicle charging station” to require that the charging station provide, at a minimum, Level 2 charging.