Vermont S 270: An act relating to a right to charge electric vehicles at home

Bill Text

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VT LEG #385869 v.1
S.270 1
Introduced by Senator Perchlik 2
Referred to Committee on 3
Date: 4
Subject: Energy; electric vehicle supply equipment (EVSE); electric vehicle 5
charging; housing; common interest communities; condominiums; 6
planned community; infrastructure 7
Statement of purpose of bill as introduced: This bill proposes to establish a 8
right-to-charge requirement to permit property owners within a common 9
interest community to install and use electric vehicle supply equipment 10
(EVSE). 11
An act relating to a right to charge electric vehicles at home 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 27A V.S.A. § 1-204 is amended to read: 14
§ 1-204. PREEXISTING COMMON INTEREST COMMUNITIES 15
(a)(1) Unless excepted under section 1-203 of this title, the following 16
sections and subdivisions of this title apply to a common interest community 17
created in this State before January 1, 1999: sections 1-103, 1-105, 1-106, 1-18
107, 2-103, 2-104, and 2-121, subdivisions 3-102(a)(1) through (6) and (11) 19
through (16), and sections 3-111, 3-116, 3-118, 4-109, and 4-117 to the extent 20

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necessary to construe the applicable sections. The sections and subdivisions 1
described in this subdivision apply only to events and circumstances occurring 2
after December 31, 1998, and do not invalidate existing provisions of the 3
declarations, bylaws, plats, or plans of those common interest communities. 4
* * * 5
(3) Unless excepted under section 1-203 of this title, section 3-125 of 6
this title shall apply to a common interest community created in this State 7
before January 1, 1999. Section 3-125 applies only to events and 8
circumstances occurring after June 30, 2026, and does not invalidate existing 9
provisions of the declarations, bylaws, plats, or plans of those common interest 10
communities. 11
* * * 12
Sec. 2. 27A V.S.A. § 3-125 is added to read: 13
§ 3-125. ELECTRIC VEHICLE SUPPLY EQUIPMENT 14
(a) Definitions. As used in this section: 15
(1) “Electric vehicle supply equipment (EVSE)” means a device or 16
system designed and used specifically to transfer electrical energy to a plug-in 17
electric vehicle. 18
(2) “EVSE owner” means the unit owner who applies to install an EVSE 19
and each successive unit owner associated with the initial application to install 20
the EVSE unless there is a specific change in ownership of the EVSE, in which 21

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case the EVSE owner shall be the owner specified in a conveying document 1
memorializing the change in ownership of the EVSE. 2
(3) “Plug-in electric vehicles” has the same meaning as in 23 V.S.A. 3
§ 4(85). 4
(4) “Reasonable restrictions” are restrictions that do not significantly 5
increase the cost of the EVSE or significantly decrease the efficiency or 6
specified performance of the EVSE. 7
(b) Protected uses. 8
(1) Any covenant, restriction, or condition contained in any deed, 9
contract, security instrument, or other instrument affecting the transfer or sale 10
of any interest in a common interest community, and any provision of a 11
governing document associated with a common interest community, such as a 12
declaration, bylaw, or rule, that either effectively prohibits or unreasonably 13
restricts the installation or use of an EVSE within a unit owner’s unit or in a 14
designated parking space, including a deeded parking space, a parking space in 15
a unit owner’s exclusive use common element, or a parking space that is 16
specifically designated for use by a particular unit owner, or is in conflict with 17
this section is void and unenforceable. 18
(2) This subsection shall not apply to provisions that impose reasonable 19
restrictions on EVSE. However, it is the policy of the State to promote, 20

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encourage, and remove obstacles to the use of plug-in electric vehicles, 1
including access to EVSE at home. 2
(3) The EVSE and all modifications and improvements to the common 3
interest community shall comply with federal, State, and local law, and all 4
applicable zoning requirements; land use requirements; and covenants, 5
conditions, and restrictions. 6
(4) If approval is required for the installation or use of EVSE, the 7
application for approval shall be processed and approved by the association in 8
the same manner as an application for approval of an architectural modification 9
to the common interest community and shall not be intentionally avoided or 10
delayed. The approval or denial of an application shall be in writing. If an 11
application is not denied in writing within 60 days from the date of receipt of 12
the application, the application shall be deemed approved, unless that delay is 13
the result of a reasonable request for additional information. 14
(5) If the EVSE is to be p