According to the United States Department of Energy, California has the highest number of registered electric vehicles in the country, with 37% of the total count. However, not all California electric vehicle owners have easy access to charging ports. As a result, laws regarding charging benefit electric vehicle owners.
Understanding the Right to Charge Law in California
The Right to Charge law was enacted in California on January 1, 2015, through the enactment of Assembly Bill 2565, which is part of the California Civil Code. This law allows tenants to request the installation of EV chargers in their designated parking spaces. Property owners are required to approve reasonable requests from their tenants for EV charger installations.
Requesting Installation of EV Charging Stations
Submitting a request to install EV charging stations is a straightforward process. Tenants can submit written requests, and property owners must allow these installations if certain conditions are met.
These conditions include the tenant agreeing to cover the costs of installation, maintenance, repair, and removal and provide proof of insurance listing the property owner as an additional insured. While tenants must take responsibility for these costs, it’s also important to understand what tenants aren’t responsible for in California.
Eligibility and Requirements to Install Electric Vehicle Charging Stations
If you live in an apartment or condo with designated parking spots, you can request the installation of an EV charging station. To initiate the process, you must submit a written request explaining why you want a charging station installed and where you would like it to be placed. It’s important to comply with the rules specified in the California Civil Code.
These rules are in place to ensure your safety and adherence to certain specific standards. By adhering to these guidelines, you can be confident that the installation process will proceed smoothly and that the charging infrastructure will be set up correctly, avoiding any inconveniences or issues.
How Does the Right to Charge Law Impact Tenants and Property Owners
The Right to Charge law makes it significantly easier for tenants to install EV chargers in their respective parking spaces. This law enhances convenience and potential cost savings on electricity usage, benefiting both tenants and property owners.
Property owners must accommodate reasonable requests for EV charger installations, including addressing any associated obligations and conditions. Complying with this law can increase property value and tenant appeal. It also helps residents with plug-in hybrid vehicles by providing necessary charging infrastructure, making it a win-win situation for both parties.
Understanding these rights can also protect tenants from unlawful actions. For example, here’s what a landlord cannot do in California, which further clarifies the boundaries of landlord responsibilities.
Instances Where Property Owners May Decline the Request
The Right to Charge law stipulates that a property owner should approve the tenant’s request to install a charging station unless certain circumstances prevent approval. Understanding these circumstances can help both parties navigate the process more smoothly.
- Financial Constraints: The request for installing a charging station may not be approved if the tenant is unable to afford the expenses associated with installing, maintaining, repairing, and removing the charging station.
- Non-compliance with the California Civil Code: Failure to meet specific requirements under the California Civil Code may result in the request being declined.
- Safety Concerns: The request might not be approved if it fails to meet the guidelines set by local building codes, safety standards, or other regulatory requirements.
- Technical Feasibility: The location where the charger is to be installed may lack sufficient electricity or the necessary infrastructure.
To prevent any complications with your request, it’s important to dedicate time to thorough preparation and ensure that all the criteria and specifics outlined in the Right to Charge law are met.
If you believe that your request has been unreasonably denied, it may be beneficial to seek the assistance of an experienced lawyer who can provide guidance and support as you navigate through the appeals or review process to communicate with your landlord.
Seek Legal Advice
For comprehensive legal advice and support regarding the laws governing the installation of EV and DC fast chargers, you can rely on Davalos Law Firm PC. As a trusted tenant attorney in Stockton, I’m well-versed in this area of law and ready to provide you with the guidance and assistance you need. You can schedule a consultation by calling (209) 400-4517 or visiting our website.