Client Alert: 2021 Electric Charging Station Legislation for Maryland and The District of Columbia
Date: June 22, 2021
The use and popularity of electric vehicles is on the rise, and with it, the increased need for electric vehicle charging stations. Both Maryland and D.C. have recently passed legislation establishing standards and guidelines for electric vehicle charging equipment in Community Associations. Although the jurisdictions are addressing the same issue, they have taken very different approaches. Maryland’s law is modeled after “right-to-charge” laws that have been enacted in several states across the country (including Virginia in 2020). The District, on the other hand, has focused on requiring building owners to accommodate electric vehicle infrastructure in future planning.
Maryland
Maryland House Bill 0110 adds identical provisions to both the Condominium Act and the HOA Act, which will take effect October 1, 2021. It will affect covenants, restrictions, bylaws and rules of a condominium or homeowners association that restrict the use and installation of recharging equipment. The full legislative summary, as well a link to the full text, can be found here.
The key provisions of Maryland House Bill 0110:
As it applies to Community Associations:
- Any community association rules or bylaws that prohibit or unreasonably restrict the installation or use of electric vehicle recharging equipment, or otherwise conflict with HB 0110, are void and unenforceable.
- If approval is required to install recharging equipment, associations must process and review the applications in the same manner as applications for architectural modifications. Applications not denied within 60 days are effectively approved unless the delay is due to a reasonable request for further information.
- Approval or denial of installation requests shall be in writing.
- Requests shall be approved if the installation does not restrict normal use of areas outside of a unit owner’s parking space and is reasonably possible.
As it applies to Vehicle Owners:
- Owners will agree in writing to comply with all requirements of HB 0110.
- Owners will comply with relevant building codes and safety standards to maintain the safety of community common areas and shall engage a licensed contractor to install the recharging equipment.
- Owners will pay for the energy use associated with a separately maintained meter for their recharging equipment.
- Owners and any subsequent owners are responsible for installation costs, as well as the cost for damage, maintenance, repair, removal or replacement of the recharging equipment.
- Owners are responsible for obtaining permits and approval for the recharging equipment as required by the county or municipality the community association is located in.
- Owners shall provide a certificate of insurance naming the community association as an additional insurer or reimburse the association for the cost of an increased insurance premium resulting from the recharging equipment.
The framework of this bill is similar to the solar panel legislation previously enacted in Maryland. However, unlike the solar panel bill, the “Electric Vehicle Recharging Equipment for Multifamily Units Act” does not include a definition of an “unreasonable” restriction. Associations will not be able to reject requests to install charging stations on the basis of aesthetics, but it is not yet clear how much leeway they will have based on costs and other considerations.
Washington, DC
D.C. Law L23-0194, dubbed the “Electric Vehicle Readiness Act”, was effective as of March 16, 2021, and requires commercial and multi-unit buildings to provide electric vehicle ready-made parking spaces. The full legislative summary, as well a link to the full text, can be found here.
The key provisions of the D.C. Electric Vehicle Readiness Act:
- Applies to buildings issued building permits after January 1, 2022, for both new construction and substantial renovations or improvements.
- Applies to multi-unit buildings (5 or more dwelling units) with 3 or more off-road parking spaces.
- Buildings shall include a make-ready infrastructure for at least 20% of available parking spaces to accommodate for future installation of electric vehicle recharging equipment.
- By September 30, 2021, the Mayor will provide the specifications required for the make-ready infrastructure and establish standards for a waiver when community associations demonstrate a financial hardship.
- By September 30, 2021, the Department of Energy and Environment (DOEE) will establish incentives for community associations to install make-ready infrastructures for more than the mandatory 20% minimum required by this law.
Condominiums and Cooperatives with upcoming renovation needs will need to take these requirements into consideration when planning future projects. At this time, neither the Mayor nor the DOEE have issued specific requirement or incentives, but property managers should closely monitor both offices for developments in the coming months.
The impact of both of these laws may heavily depend on the way each Association’s governing documents are written. Accordingly, it is important to consult with an attorney who is familiar with your Association in developing policies regarding this issue. If you have any questions concerning these guidelines or other requirements regarding the use and installation of electric vehicle recharging equipment, we recommend that you contact your Whiteford attorney.
*Summer intern, 2021
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.