(1) A tenant may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the tenant, in compliance with the requirements of this section, in, or near, a parking space assigned to the tenant or the dwelling unit of the tenant.

Terms Used In Oregon Statutes 90.462

  • Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
  • Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
  • Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

    (a) All or part of the legal title to property; or

    (b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100

  • Person: includes an individual or organization. See Oregon Statutes 90.100
  • Personal property: All property that is not real property.

(2) A landlord may prohibit installation or use of a charging station installed and used in compliance with this section only if the premises do not have at least one parking space per dwelling unit.

(3) When the tenant complies or agrees to comply with the requirements of this section, the landlord shall approve a completed application within 60 days after the tenant submits the application unless the delay in approving the application is based on a reasonable request for additional information.

(4) A landlord:

(a) May require a tenant to submit an application before installing a charging station.

(b) May require the charging station to meet the architectural standards of the premises.

(c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

(d) May impose reasonable restrictions on the installation and use of the charging station, provided the restrictions do not:

(A) Significantly increase the cost of the charging station; or

(B) Significantly decrease the efficiency or performance of the charging station.

(5) Notwithstanding ORS § 479.540, the charging station must be installed and removed by a person that holds a license, as defined in ORS § 479.530, to act, at a minimum, as a journeyman electrician.

(6) The tenant is responsible for all costs associated with installation and use of the charging station, including:

(a) The cost of electricity associated with the charging station; and

(b) The cost of damage to the premises that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

(7) If the landlord reasonably determines that the cumulative use of electricity on the premises attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the premises with a sufficient supply of electricity, the landlord may assess the cost of the additional improvements to each tenant that has installed, or will install, a charging station.

(8) Unless a landlord and tenant negotiate a different outcome, a charging station installed under this section is deemed to be the personal property of the tenant.

(9) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS § 479.530.

(10) Notwithstanding ORS § 90.222, if a charging station, other than one described in subsection (9) of this section, is not a certified electrical product, the owner shall:

(a) Maintain a renter’s liability insurance policy in an amount not less than $100,000 that includes coverage of the charging station; and

(b) Name the landlord as a named additional insured under the policy with a right to notice of cancellation of the policy.

(11) This section does not apply to tenancies governed by ORS § 90.505 to 90.850. [2017 c.387 § 2]

 

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