PRINTER'S NO. 1570
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1125
Session of
2024
INTRODUCED BY KANE, FONTANA, HAYWOOD, COMITTA, COSTA,
CAPPELLETTI, BREWSTER AND STREET, MAY 1, 2024
REFERRED TO TRANSPORTATION, MAY 1, 2024
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in creation, alteration
and termination of condominiums, providing for electric
vehicle charging stations; in creation, alteration and
termination of cooperatives, providing for electric vehicle
charging stations; and, in creation, alteration and
termination of planned communities, providing for electric
vehicle charging stations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 3224. Electric vehicle charging stations.
Notwithstanding contrary provisions of a declaration or
bylaws of a condominium:
(1) A unit owner may submit an application to install an
electric vehicle charging station for the personal,
noncommercial use of the unit owner, in compliance with the
requirements of this section:
(i) in a space assigned to the unit and used for the
parking or storage of automobiles, trucks, boats, campers
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or other vehicles; or
(ii) in a limited common element with the written
approval of the unit owner of each unit to which use of
the limited common element is reserved.
(2) A unit owners' association may not prohibit
installation or use of a charging station installed and used
in compliance with the requirements of this section.
(3) When the unit owner complies or agrees to comply
with the requirements of this section, the unit owners'
association shall approve the completed application within 60
days after the unit owner submits the application unless the
delay in approving the application is based on a reasonable
request for additional information.
(4) In addition to such other reasonable rules and
regulations as the unit owners' association may adopt, the
unit owners' association :
(i) May require a unit owner to submit an
application before installing a charging station.
(ii) May require the charging station to meet the
architectural standards of the condominium.
(iii) May impose reasonable charges to recover costs
of the review and permitting of the charging station.
(iv) May impose reasonable restrictions on the
installation and use of the charging station that do not
significantly increase the cost of the charging station
or significantly decrease the efficiency or performance
of the charging station.
(5) The charging station must be installed by a
qualified electrician that:
(i) has completed a State registered electrician
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apprenticeship program; and
(ii) is in compliance with all applicable State or
municipality codes, regulations and ordinances regarding
electricians.
(6) The unit owner is responsible for:
(i) All costs associated with installation and use
of the charging station, including:
(A) The cost of electricity associated with the
charging station.
(B) The cost of any damage to general common
elements, limited common elements and areas subject
to the exclusive use of other unit owners that
results from the installation, use, maintenance,
repair, removal or replacement of the charging
station.
(C) Filing reports with the Department of
Revenue as required under 75 Pa.C.S. Ch. 90 (relating
to liquid fuels and fuels tax).
(ii) Disclosure to a prospective buyer of the unit
of the existence of the charging station and the related
responsibilities of the unit owner under this section.
(7) If the unit owners' association reasonably
determines that the cumulative use of electricity in the
condominium attributable to the installation and use of
charging stations requires the installation of additional
infrastructure improvements to provide the condominium with a
sufficient supply of electricity, or if the unit owners'
association reasonably determines that other improvements are
reasonably necessary for the safe use and operation of the
charging stations, the unit owners' association may condition
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approval on the unit owner bearing the expense of the cost of
the additional improvements against the unit of each unit
owner that seeks permission to install a charging station.
(8) Unless the unit owner and the unit owners'
association agree otherwise:
(i) A charging station installed under this section
is deemed to be the personal property of the unit owner
of the unit with which the charging station is
associated.
(ii) The unit owner must remove the charging station
and restore the premises to the condition before
installation of the charging station before the unit
owner transfers ownership of the unit, unless the
prospective buyer of the unit accepts ownership and all
rights and responsibilities that apply to the charging
station under this section.
(9) Installation of the charging station shall minimally
require the following:
(i) A pedestal, or similar, charging station that is
hard-wired into the electrical system that must be a
certified electrical product.
(ii) If the unit owner owns the charging station,
the unit owner shall:
(A) Maintain a homeowner liability insurance
policy in an amount not less than $1,000,000 that
includes coverage of the charging station.
(B) Name the unit owners' association as a named
additional insured under the policy with a right to
notice of cancellation of the policy.
(10) In an action between a unit owner and a unit
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owners' association to enforce compliance with this section,
the prevailing party is entitled to an award of attorney fees
and costs.
§ 4222. Electric vehicle charging stations.
Notwithstanding contrary provisions of a declaration or
bylaws of a cooperative:
(1) A proprietary lessee may submit an application to
install an electric vehicle charging station for the
personal, noncommercial use of the proprietary lessee, in
compliance with the requirements of this section:
(i) in a space assigned to the unit and used for the
parking or storage of automobiles, trucks, boats, campers
or other vehicles; or
(ii) in a limited common element with the written
approval of the proprietary lessee of each unit to which
use of the limited common element is reserved.
(2) An association may not prohibit installation or use
of a charging station installed and used in compliance with
the requirements of this section.
(3) When the proprietary lessee complies or agrees to
comply with the requirements of this section, the association
shall approve the completed application within 60 days after
the proprietary lessee submits the application, unless the
delay in approving the application is based on a reasonable
request for additional information.
(4) In addition to such other reasonable rules and
regulations as the association may adopt, the association :
(i) May require a proprietary lessee to submit an
application before installing a charging station.
(ii) May require the charging station to meet the
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architectural standards of the condominium.
(iii) May impose reasonable charges to recover costs
of the review and permitting of the charging station.
(iv) May impose reasonable restrictions on the
installation and use of the charging station that do not
significantly increase the cost of the charging station
or significantly decrease the efficiency or performance
of the charging station.
(5) The charging station must be installed by a
qualified electrician that:
(i) has completed a State registered electrician
apprenticeship program; and
(ii) is in compliance with all applicable State or
municipality codes, regulations and ordinances regarding
electricians.
(6) The proprietary lessee is responsible for:
(i) All costs associated with installation and use
of the charging station, including:
(A) The cost of electricity associated with the
charging station.
(B) The cost of any damage to general common
elements, limited common elements and areas subject
to the exclusive use of other proprietary lessees
that results from the installation, use, maintenance,
repair, removal or replacement of the charging
station.
(C) Filing reports with the Department of
Revenue as required under 75 Pa.C.S. Ch. 90 (relating
to liquid fuels and fuels tax).
(ii) Disclosure to a prospective buyer of the unit
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of the existence of the charging station and the related
responsibilities of the proprietary lessee under this
section.
(7) If the association reasonably determines that the
cumulative use of electricity in the cooperative attributable
to the installation and use of charging stations requires the
installation of additional infrastructure improvements to
provide the cooperative with a sufficient supply of
electricity, or if the association reasonably determines that
other improvements are reasonably necessary for the safe use
and operation of the charging stations, the association may
condition approval of the proprietary lessee bearing the
expense of the cost of the additional improvements against
the unit of each proprietary lessee that seeks permission to
install a charging station.
(8) Unless the proprietary lessee and the association
agree otherwise:
(i) A charging station installed under this section
is deemed to be the personal property of the proprietary
lessee of the unit with which the charging station is
associated.
(ii) The proprietary lessee must remove the charging
station and restore the premises to the condition before
installation of the charging station before the
proprietary lessee transfers ownership of the unit,
unless the prospective buyer of the unit accepts
ownership and all rights and responsibilities that apply
to the charging station under this section.
(9) Installation of the charging station shall minimally
require the following:
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(i) A pedestal, or similar, charging station that is
hard-wired into the electrical system that must be a
certified electrical product.
(ii) If the proprietary lessee owns the charging
station, the proprietary lessee shall:
(A) Maintain a homeowner liability insurance
policy in an amount not less than $1,000,000 that
includes coverage of the charging station.
(B) Name the association as a named additional
insured under the policy with a right to notice of
cancellation of the policy.
(10) In an action between a proprietary lessee and an
association to enforce compliance with this section, the
prevailing party is entitled to an award of attorney fees and
costs.
§ 5224. Electric vehicle charging stations.
Notwithstanding contrary provisions of a declaration or
bylaws of a planned community:
(1) A unit owner may submit an application to install an
electric vehicle charging station for the personal,
noncommercial use of the unit owner, in compliance with the
requirements of this section:
(i) in a space assigned to the unit and used for the
parking or storage of automobiles, trucks, boats, campers
or other vehicles; or
(ii) in a limited common element with the written
approval of the unit owner of each unit to which use of
the limited common element is reserved.
(2) An association may not prohibit installation or use
of a charging station installed and used in compliance with
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the requirements of this section.
(3) When the unit owner complies or agrees to comply
with the requirements of this section, the association shall
approve the completed application within 60 days after the
unit owner submits the application unless the delay in
approving the application is based on a reasonable request
for additional information.
(4) In addition to such other reasonable rules and
regulations as the association may adopt, the association :
(i) May require a unit owner to submit an
application before installing a charging station.
(ii) May require the charging station to meet the
architectural standards of the planned community.
(iii) May impose reasonable charges to recover costs
of the review and permitting of the charging station.
(iv) May impose reasonable restrictions on the
installation and use of the charging station that do not
significantly increase the cost of the charging station
or significantly decrease the efficiency or performance
of the charging station.
(5) The charging station must be installed by a
qualified electrician that:
(i) has completed a State registered electrician
apprenticeship program; and
(ii) is in compliance with all applicable State or
municipality codes, regulations and ordinances regarding
electricians.
(6) The unit owner is responsible for:
(i) All costs associated with installation and use
of the charging station, including:
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(A) The cost of electricity associated with the
charging station.
(B) The cost of any damage to general common
elements, limited common elements and areas subject
to the exclusive use of other unit owners that
results from the installation, use, maintenance,
repair, removal or replacement of the charging
station.
(C) Filing reports with the Department of
Revenue as required under 75 Pa.C.S. Ch. 90 (relating
to liquid fuels and fuels tax).
(ii) Disclosure to a prospective buyer of the unit
of the existence of the charging station and the related
responsibilities of the unit owner under this section.
(7) If the association reasonably determines that the
cumulative use of electricity in the planned community
attributable to the installation and use of charging stations
requires the installation of additional infrastructure
improvements to provide the planned community with a
sufficient supply of electricity, or if the association
reasonably determines that other improvements are reasonably
necessary for the safe use and operation of the charging
stations, the association may condition approval of the unit
owner bearing the expense of the cost of the additional
improvements against the unit of each unit owner that seeks
permission to install a charging station.
(8) Unless the unit owner and the association agree
otherwise:
(i) A charging station installed under this section
is deemed to be the personal property of the unit owner
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of the unit with which the charging station is
associated.
(ii) The unit owner must remove the charging station
and restore the premises to the condition before
installation of the charging station before the unit
owner transfers ownership of the unit, unless the
prospective buyer of the unit accepts ownership and all
rights and responsibilities that apply to the charging
station under this section.
(9) Installation of the charging station shall minimally
require the following:
(i) A pedestal, or similar, charging station that is
hard-wired into the electrical system that must be a
certified electrical product.
(ii) If the unit owner owns the charging station,
the unit owner shall:
(A) Maintain a homeowner liability insurance
policy in an amount not less than $1,000,000 that
includes coverage of the charging station.
(B) Name the association as a named additional
insured under the policy with a right to notice of
cancellation of the policy.
(10) In an action between a unit owner and an
association to enforce compliance with this section, the
prevailing party is entitled to an award of attorney fees and
costs.
Section 2. This act shall take effect in 60 days.
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