AB 1236 (Chiu). Local Ordinances: Electric Vehicle Charging Stations.

hoa-electric-vehicle-station

Requires approval of electric vehicle (“EV”) charging station installations by local public agencies regardless of whether the association issues approval for the station. Requires establishment of standards and creation of streamlined permitting process.

Current Status: Chaptered

FindHOALaw Quick Summary:

Civil Code Section 4745 limits the degree to which an association’s governing documents may prohibit or restrict the installation of an electric vehicle (“EV”) charging station in a member’s separate interest, or in common area or exclusive use common area. (See “Electric Vehicle Charging Stations.”)

AB 1236 (Chiu) would add Section 65850.7 to the Government Code to incorporate numerous requirements and permitting processes applicable to the installation of EV charging stations. For example, AB 1236 would require an EV charging station to meet applicable health and safety standards and requirements imposed by state and local permitting authorities, not simply those which are imposed by the association. This bill would also require a city, county, or city and county to approve an application for the installation of EV charging stations through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

AB 1236 would also prohibit a city or county from conditioning a permit for an EV charging station on the approval of the station by the association in which the station is to be installed (i.e., city may not mandate that the permit applicant first obtain association approval for the EV charging station before being eligible to obtain a city permit). This bill would also require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified.

*UPDATE: AB 1236 was signed into law on October 8, 2015 and its changes to the law will take effect January 1, 2016.

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View more info on AB 1236
from the California Legislature's website