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Synopsis As Introduced Creates the Homeowners' Electric Vehicle Act. Provides that: the Act applies only to electric vehicle charging systems at homes or in common areas; a homeowners' association, property owners' association, or condominium unit owners' association must adopt an electric vehicle charging policy regarding the location, design, and architectural requirements of electric vehicle charging systems within 120 days after the association receives a request for a policy or an application from an association member; and an application for approval, if required, must be acted upon within 90 days after the time of application or, if a policy is not then in place, then 90 days after the policy is adopted. Provides that an entity, other than a public entity, that willfully violates the Act is liable for damages, but an entity that complies with the Act is not liable to any other resident or third party. Provides that the prevailing party in an action under the Act is entitled to attorney's fees and costs.
House Committee Amendment No. 1 Provides that, within 30 days after receiving a request for an electric vehicle charging system policy, an application for the installation or use of an electric vehicle charging system, or notification from an association member that the member intends to install an electric vehicle charging system, a homeowners' association, common interest community association, or condominium unit owners' association shall notify the electric utility from which the association receives electricity or delivery services of the planned installation.
House Floor Amendment No. 2 Modifies provisions of the Homeowners' Electric Vehicle Act. Provides that an association may determine "reasonable restrictions" on (instead of may determine) the design and location where an electric vehicle charging system may be installed. Provides that an association shall adopt an electric vehicle charging system policy within 45 days (instead of 120 days) after receiving a request for a policy or an application. Provides that "reasonable restrictions" are limitations that do not significantly increase the cost of the charging system or significantly decrease its efficiency or performance. Provides that if an application is submitted before an electric vehicle charging system policy is adopted by an association, the association has until the longer of the following to process the application: (1) 15 days after a policy is adopted, or (2) 30 days after the application is submitted (instead of providing that the 90-day approval time limit shall not begin to run until the date that the policy is adopted). Provides that if an application is not denied in writing before the end of the applicable time period, the application shall be deemed approved, unless that delay is the result of a reasonable information request.
House Floor Amendment No. 3 Deletes language that provides that the prevailing party in an action under the Act is entitled to attorney's fees and costs.
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