1     
ELECTRIC VEHICLE CHARGING AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to electric vehicle charging systems.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     allows a property owner in a condominium association or community association to
14     install and use an electric vehicle charging system; and
15          ▸     allows a renter of a residential rental unit to install and use an electric vehicle
16     charging system.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          57-8-3, as last amended by Laws of Utah 2020, Chapter 398
24          57-8a-102, as last amended by Laws of Utah 2020, Chapter 398
25          57-22-2, as last amended by Laws of Utah 2017, Chapter 19
26     ENACTS:
27          57-8-8.2, Utah Code Annotated 1953
28          57-8a-801, Utah Code Annotated 1953
29          57-22-5.2, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 57-8-3 is amended to read:
33          57-8-3. Definitions.
34          As used in this chapter:
35          (1) "Assessment" means any charge imposed by the association, including:
36          (a) common expenses on or against a unit owner pursuant to the provisions of the
37     declaration, bylaws, or this chapter; and
38          (b) an amount that an association of unit owners assesses to a unit owner under
39     Subsection 57-8-43(9)(g).
40          (2) "Association of unit owners" or "association" means all of the unit owners:
41          (a) acting as a group in accordance with the declaration and bylaws; or
42          (b) organized as a legal entity in accordance with the declaration.
43          (3) "Building" means a building, containing units, and comprising a part of the
44     property.
45          (4) "Commercial condominium project" means a condominium project that has no
46     residential units within the project.
47          (5) "Common areas and facilities" unless otherwise provided in the declaration or
48     lawful amendments to the declaration means:
49          (a) the land included within the condominium project, whether leasehold or in fee
50     simple;
51          (b) the foundations, columns, girders, beams, supports, main walls, roofs, halls,
52     corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building;
53          (c) the basements, yards, gardens, parking areas, and storage spaces;
54          (d) the premises for lodging of janitors or persons in charge of the property;
55          (e) installations of central services such as power, light, gas, hot and cold water,
56     heating, refrigeration, air conditioning, and incinerating;
57          (f) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all
58     apparatus and installations existing for common use;
59          (g) such community and commercial facilities as may be provided for in the
60     declaration; and
61          (h) all other parts of the property necessary or convenient to its existence, maintenance,
62     and safety, or normally in common use.
63          (6) "Common expenses" means:
64          (a) all sums lawfully assessed against the unit owners;
65          (b) expenses of administration, maintenance, repair, or replacement of the common
66     areas and facilities;
67          (c) expenses agreed upon as common expenses by the association of unit owners; and
68          (d) expenses declared common expenses by this chapter, or by the declaration or the
69     bylaws.
70          (7) "Common profits," unless otherwise provided in the declaration or lawful
71     amendments to the declaration, means the balance of all income, rents, profits, and revenues
72     from the common areas and facilities remaining after the deduction of the common expenses.
73          (8) "Condominium" means the ownership of a single unit in a multiunit project
74     together with an undivided interest in common in the common areas and facilities of the
75     property.
76          (9) "Condominium plat" means a plat or plats of survey of land and units prepared in
77     accordance with Section 57-8-13.
78          (10) "Condominium project" means a real estate condominium project; a plan or
79     project whereby two or more units, whether contained in existing or proposed apartments,
80     commercial or industrial buildings or structures, or otherwise, are separately offered or
81     proposed to be offered for sale. Condominium project also means the property when the
82     context so requires.
83          (11) "Condominium unit" means a unit together with the undivided interest in the
84     common areas and facilities appertaining to that unit. Any reference in this chapter to a
85     condominium unit includes both a physical unit together with its appurtenant undivided interest
86     in the common areas and facilities and a time period unit together with its appurtenant
87     undivided interest, unless the reference is specifically limited to a time period unit.
88          (12) "Contractible condominium" means a condominium project from which one or
89     more portions of the land within the project may be withdrawn in accordance with provisions
90     of the declaration and of this chapter. If the withdrawal can occur only by the expiration or
91     termination of one or more leases, then the condominium project is not a contractible
92     condominium within the meaning of this chapter.
93          (13) "Convertible land" means a building site which is a portion of the common areas
94     and facilities, described by metes and bounds, within which additional units or limited common
95     areas and facilities may be created in accordance with this chapter.
96          (14) "Convertible space" means a portion of the structure within the condominium
97     project, which portion may be converted into one or more units or common areas and facilities,
98     including limited common areas and facilities in accordance with this chapter.
99          (15) "Declarant" means all persons who execute the declaration or on whose behalf the
100     declaration is executed. From the time of the recordation of any amendment to the declaration
101     expanding an expandable condominium, all persons who execute that amendment or on whose
102     behalf that amendment is executed shall also come within this definition. Any successors of
103     the persons referred to in this subsection who come to stand in the same relation to the
104     condominium project as their predecessors also come within this definition.
105          (16) "Declaration" means the instrument by which the property is submitted to the
106     provisions of this act, as it from time to time may be lawfully amended.
107          (17) "Electric vehicle charging system" or "charging system" means a device that is:
108          (a) used to provide electricity to one or more electric or hybrid electric vehicles; and
109          (b) designed to ensure a safe connection between the electric grid and the vehicle.
110          [(17)] (18) "Electrical corporation" means the same as that term is defined in Section
111     54-2-1.
112          [(18)] (19) "Expandable condominium" means a condominium project to which
113     additional land or an interest in it may be added in accordance with the declaration and this
114     chapter.
115          [(19)] (20) "Gas corporation" means the same as that term is defined in Section 54-2-1.
116          [(20)] (21) "Governing documents":
117          (a) means a written instrument by which an association of unit owners may:
118          (i) exercise powers; or
119          (ii) manage, maintain, or otherwise affect the property under the jurisdiction of the
120     association of unit owners; and
121          (b) includes:
122          (i) articles of incorporation;
123          (ii) bylaws;
124          (iii) a plat;
125          (iv) a declaration of covenants, conditions, and restrictions; and
126          (v) rules of the association of unit owners.
127          [(21)] (22) "Independent third party" means a person that:
128          (a) is not related to the unit owner;
129          (b) shares no pecuniary interests with the unit owner; and
130          (c) purchases the unit in good faith and without the intent to defraud a current or future
131     lienholder.
132          [(22)] (23) "Judicial foreclosure" means a foreclosure of a unit:
133          (a) for the nonpayment of an assessment;
134          (b) in the manner provided by law for the foreclosure of a mortgage on real property;
135     and
136          (c) as provided in this chapter.
137          [(23)] (24) "Leasehold condominium" means a condominium project in all or any
138     portion of which each unit owner owns an estate for years in his unit, or in the land upon which
139     that unit is situated, or both, with all those leasehold interests to expire naturally at the same
140     time. A condominium project including leased land, or an interest in the land, upon which no
141     units are situated or to be situated is not a leasehold condominium within the meaning of this
142     chapter.
143          [(24)] (25) "Limited common areas and facilities" means those common areas and
144     facilities designated in the declaration as reserved for use of a certain unit or units to the
145     exclusion of the other units.
146          [(25)] (26) "Majority" or "majority of the unit owners," unless otherwise provided in
147     the declaration or lawful amendments to the declaration, means the owners of more than 50%
148     in the aggregate in interest of the undivided ownership of the common areas and facilities.
149          [(26)] (27) "Management committee" means the committee as provided in the
150     declaration charged with and having the responsibility and authority to make and to enforce all
151     of the reasonable rules covering the operation and maintenance of the property.
152          [(27)] (28) " Management committee meeting" means a gathering of a management
153     committee, whether in person or by means of electronic communication, at which the
154     management committee can take binding action.
155          [(28)] (29) (a) "Means of electronic communication" means an electronic system that
156     allows individuals to communicate orally in real time.
157          (b) "Means of electronic communication" includes:
158          (i) web conferencing;
159          (ii) video conferencing; and
160          (iii) telephone conferencing.
161          [(29)] (30) "Mixed-use condominium project" means a condominium project that has
162     both residential and commercial units in the condominium project.
163          [(30)] (31) "Nonjudicial foreclosure" means the sale of a unit:
164          (a) for the nonpayment of an assessment;
165          (b) in the same manner as the sale of trust property under Sections 57-1-19 through
166     57-1-34; and
167          (c) as provided in this chapter.
168          [(31)] (32) "Par value" means a number of dollars or points assigned to each unit by the
169     declaration. Substantially identical units shall be assigned the same par value, but units located
170     at substantially different heights above the ground, or having substantially different views, or
171     having substantially different amenities or other characteristics that might result in differences
172     in market value, may be considered substantially identical within the meaning of this
173     subsection. If par value is stated in terms of dollars, that statement may not be considered to
174     reflect or control the sales price or fair market value of any unit, and no opinion, appraisal, or
175     fair market transaction at a different figure may affect the par value of any unit, or any
176     undivided interest in the common areas and facilities, voting rights in the unit owners'
177     association, liability for common expenses, or right to common profits, assigned on the basis
178     thereof.
179          [(32)] (33) "Period of administrative control" means the period of control described in
180     Subsection 57-8-16.5(1).
181          [(33)] (34) "Person" means an individual, corporation, partnership, association, trustee,
182     or other legal entity.
183          [(34)] (35) "Property" means the land, whether leasehold or in fee simple, the building,
184     if any, all improvements and structures thereon, all easements, rights, and appurtenances
185     belonging thereto, and all articles of personal property intended for use in connection
186     therewith.
187          [(35)] (36) "Record," "recording," "recorded," and "recorder" have the meaning stated
188     in Chapter 3, Recording of Documents.
189          [(36)] (37) "Rentals" or "rental unit" means:
190          (a) a unit that:
191          (i) is not owned by an entity or trust; and
192          (ii) is occupied by an individual while the unit owner is not occupying the unit as the
193     unit owner's primary residence; or
194          (b) an occupied unit owned by an entity or trust, regardless of who occupies the unit.
195          [(37)] (38) "Size" means the number of cubic feet, or the number of square feet of
196     ground or floor space, within each unit as computed by reference to the record of survey map
197     and rounded off to a whole number. Certain spaces within the units including attic, basement,
198     or garage space may be omitted from the calculation or be partially discounted by the use of a
199     ratio, if the same basis of calculation is employed for all units in the condominium project and
200     if that basis is described in the declaration.
201          [(38)] (39) "Time period unit" means an annually recurring part or parts of a year
202     specified in the declaration as a period for which a unit is separately owned and includes a
203     timeshare estate as defined in Section 57-19-2.
204          [(39)] (40) "Unconstructed unit" means a unit that:
205          (a) is intended, as depicted in the condominium plat, to be fully or partially contained
206     in a building; and
207          (b) is not constructed.
208          [(40)] (41) (a) "Unit" means a separate part of the property intended for any type of
209     independent use, which is created by the recording of a declaration and a condominium plat
210     that describes the unit boundaries.
211          (b) "Unit" includes one or more rooms or spaces located in one or more floors or a
212     portion of a floor in a building.
213          (c) "Unit" includes a convertible space, in accordance with Subsection 57-8-13.4(3).
214          [(41)] (42) "Unit number" means the number, letter, or combination of numbers and
215     letters designating the unit in the declaration and in the record of survey map.
216          [(42)] (43) "Unit owner" means the person or persons owning a unit in fee simple and
217     an undivided interest in the fee simple estate of the common areas and facilities in the
218     percentage specified and established in the declaration or, in the case of a leasehold
219     condominium project, the person or persons whose leasehold interest or interests in the
220     condominium unit extend for the entire balance of the unexpired term or terms.
221          Section 2. Section 57-8-8.2 is enacted to read:
222          57-8-8.2. Electric vehicle charging systems -- Restrictions -- Responsibilities.
223          (1) As used in this section:
224          (a) "General electrical contractor" means the same as that term is defined in Section
225     58-55-102.
226          (b) "Residential electrical contractor" means the same as that term is defined in Section
227     58-55-102.
228          (2) Notwithstanding any provision in an association's governing documents to the
229     contrary, an association may not:
230          (a) prohibit a unit owner from installing or using a charging system in:
231          (i) a deeded parking area; or
232          (ii) a limited common area or facility designated for the unit owner's use; or
233          (b) charge a fee to a unit owner for the unit owner's installation or use of a charging
234     system.
235          (3) Upon request, an association shall assign a unit owner a different parking area that
236     allows the unit owner to install a charging system if:
237          (a) site conditions prevent the installation of a charging system in the unit owner's
238     designated parking area; or
239          (b) the cost of installing a charging system in the unit owner's designated parking area
240     makes installation of the charging system prohibitive.
241          (4) An association may require:
242          (a) a unit owner to submit an application for approval of the installation of a charging
243     system;
244          (b) the unit owner to agree in writing to:
245          (i) hire a general electrical contractor or residential electrical contractor to install the
246     charging system; and
247          (ii) if a charging system is installed in a common area, provide reimbursement to the
248     association for the actual cost of the increase in the association's insurance premium
249     attributable to the installation or use of the charging system; and
250          (c) a charging system to comply with:
251          (i) the association's reasonable design criteria governing the dimensions, placement, or
252     external appearance of the charging system; and
253          (ii) applicable building codes.
254          (5) A unit owner who installs a charging system shall:
255          (a) pay the costs of:
256          (i) installing the charging system;
257          (ii) electricity usage associated with the charging system;
258          (iii) repair, maintenance, removal, or replacement of the charging system;
259          (iv) repairing any damage to a common area that results from the installation,
260     maintenance, removal, or replacement of the charging system; and
261          (v) if reasonably necessary for the repair, maintenance, or replacement of a common
262     area, the removal or relocation of the charging system; and
263          (b) maintain a valid insurance policy covering the unit owner's obligations described in
264     this Subsection (5) and name the association as an additional insured under the unit owner's
265     insurance policy.
266          (6) (a) A unit owner who installs a charging system at the unit owner's expense owns
267     the charging system.
268          (b) A unit owner shall disclose to a prospective buyer of the unit owner's unit:
269          (i) the existence of any charging system the unit owner owns; and
270          (ii) the unit owner's related responsibilities under this section.
271          Section 3. Section 57-8a-102 is amended to read:
272          57-8a-102. Definitions.
273          As used in this chapter:
274          (1) (a) "Assessment" means a charge imposed or levied:
275          (i) by the association;
276          (ii) on or against a lot or a lot owner; and
277          (iii) pursuant to a governing document recorded with the county recorder.
278          (b) "Assessment" includes:
279          (i) a common expense; and
280          (ii) an amount assessed against a lot owner under Subsection 57-8a-405(7).
281          (2) (a) Except as provided in Subsection (2)(b), "association" means a corporation or
282     other legal entity, any member of which:
283          (i) is an owner of a residential lot located within the jurisdiction of the association, as
284     described in the governing documents; and
285          (ii) by virtue of membership or ownership of a residential lot is obligated to pay:
286          (A) real property taxes;
287          (B) insurance premiums;
288          (C) maintenance costs; or
289          (D) for improvement of real property not owned by the member.
290          (b) "Association" or "homeowner association" does not include an association created
291     under Title 57, Chapter 8, Condominium Ownership Act.
292          (3) " Board meeting" means a gathering of a board, whether in person or by means of
293     electronic communication, at which the board can take binding action.
294          (4) "Board of directors" or "board" means the entity, regardless of name, with primary
295     authority to manage the affairs of the association.
296          (5) "Common areas" means property that the association:
297          (a) owns;
298          (b) maintains;
299          (c) repairs; or
300          (d) administers.
301          (6) "Common expense" means costs incurred by the association to exercise any of the
302     powers provided for in the association's governing documents.
303          (7) (a) "Declarant"[: (a)] means the person who executes a declaration and submits [it]
304     the declaration for recording in the office of the recorder of the county in which the property
305     described in the declaration is located[; and].
306          (b) "Declarant" includes the person's successor and assign.
307          (8) "Electric vehicle charging system" or "charging system" means a device that is:
308          (a) used to provide electricity to one or more electric or hybrid electric vehicles; and
309          (b) designed to ensure a safe connection between the electric grid and the vehicle.
310          [(8)] (9) "Electrical corporation" means the same as that term is defined in Section
311     54-2-1.
312          [(9)] (10) "Gas corporation" means the same as that term is defined in Section 54-2-1.
313          [(10)] (11) (a) "Governing documents" means a written instrument by which the
314     association may:
315          (i) exercise powers; or
316          (ii) manage, maintain, or otherwise affect the property under the jurisdiction of the
317     association.
318          (b) "Governing documents" includes:
319          (i) articles of incorporation;
320          (ii) bylaws;
321          (iii) a plat;
322          (iv) a declaration of covenants, conditions, and restrictions; and
323          (v) rules of the association.
324          [(11)] (12) "Independent third party" means a person that:
325          (a) is not related to the owner of the residential lot;
326          (b) shares no pecuniary interests with the owner of the residential lot; and
327          (c) purchases the residential lot in good faith and without the intent to defraud a current
328     or future lienholder.
329          [(12)] (13) "Judicial foreclosure" means a foreclosure of a lot:
330          (a) for the nonpayment of an assessment;
331          (b) in the manner provided by law for the foreclosure of a mortgage on real property;
332     and
333          (c) as provided in Part 3, Collection of Assessments.
334          [(13)] (14) "Lease" or "leasing" means regular, exclusive occupancy of a lot:
335          (a) by a person or persons other than the owner; and
336          (b) for which the owner receives a consideration or benefit, including a fee, service,
337     gratuity, or emolument.
338          [(14)] (15) "Limited common areas" means common areas described in the declaration
339     and allocated for the exclusive use of one or more lot owners.
340          [(15)] (16) "Lot" means:
341          (a) a lot, parcel, plot, or other division of land:
342          (i) designated for separate ownership or occupancy; and
343          (ii) (A) shown on a recorded subdivision plat; or
344          (B) the boundaries of which are described in a recorded governing document; or
345          (b) (i) a unit in a condominium association if the condominium association is a part of
346     a development; or
347          (ii) a unit in a real estate cooperative if the real estate cooperative is part of a
348     development.
349          [(16)] (17) (a) "Means of electronic communication" means an electronic system that
350     allows individuals to communicate orally in real time.
351          (b) "Means of electronic communication" includes:
352          (i) web conferencing;
353          (ii) video conferencing; and
354          (iii) telephone conferencing.
355          [(17)] (18) "Mixed-use project" means a project under this chapter that has both
356     residential and commercial lots in the project.
357          [(18)] (19) "Nonjudicial foreclosure" means the sale of a lot:
358          (a) for the nonpayment of an assessment;
359          (b) in the same manner as the sale of trust property under Sections 57-1-19 through
360     57-1-34; and
361          (c) as provided in Part 3, Collection of Assessments.
362          [(19)] (20) "Period of administrative control" means the period during which the
363     person who filed the association's governing documents or the person's successor in interest
364     retains authority to:
365          (a) appoint or remove members of the association's board of directors; or
366          (b) exercise power or authority assigned to the association under the association's
367     governing documents.
368          [(20)] (21) "Rentals" or "rental lot" means:
369          (a) a lot that:
370          (i) is not owned by an entity or trust; and
371          (ii) is occupied by an individual while the lot owner is not occupying the lot as the lot
372     owner's primary residence; or
373          (b) an occupied lot owned by an entity or trust, regardless of who occupies the lot.
374          [(21)] (22) "Residential lot" means a lot, the use of which is limited by law, covenant,
375     or otherwise to primarily residential or recreational purposes.
376          [(22)] (23) "Solar energy system" means:
377          (a) a system that is used to produce electric energy from sunlight; and
378          (b) the components of the system described in Subsection [(22)] (23)(a).
379          Section 4. Section 57-8a-801 is enacted to read:
380     
Part 8. Electric Vehicle Charging Systems

381          57-8a-801. Electric vehicle charging systems -- Restrictions -- Responsibilities.
382          (1) As used in this section:
383          (a) "General electrical contractor" means the same as that term is defined in Section
384     58-55-102.
385          (b) "Residential electrical contractor" means the same as that term is defined in Section
386     58-55-102.
387          (2) Notwithstanding any provision in an association's governing documents to the
388     contrary, an association may not:
389          (a) prohibit a lot owner from installing or using a charging system:
390          (i) on the lot owner's lot;
391          (ii) a deeded parking area; or
392          (iii) a limited common area or facility designated for the lot owner's use; or
393          (b) charge a fee to a lot owner for the lot owner's installation or use of a charging
394     system.
395          (3) Upon request, an association shall assign a lot owner a different parking area that
396     allows the lot owner to install a charging system if:
397          (a) site conditions prevent the installation of a charging system in the lot owner's
398     designated parking area; or
399          (b) the cost of installing a charging system in the lot owner's designated parking area
400     makes installation of the charging system prohibitive.
401          (4) An association may require:
402          (a) a lot owner to submit an application for approval of the installation of a charging
403     system;
404          (b) the lot owner to agree in writing to:
405          (i) hire a general electrical contractor or residential electrical contractor to install the
406     charging system; and
407          (ii) provide reimbursement to the association for the actual cost of the increase in the
408     association's insurance premium attributable to the installation or use of the charging system;
409     and
410          (c) a charging system to comply with:
411          (i) the association's reasonable design criteria governing the dimensions, placement, or
412     external appearance of the charging system; and
413          (ii) applicable building codes.
414          (5) A lot owner who installs a charging system shall:
415          (a) pay the costs of:
416          (i) installing the charging system;
417          (ii) electricity usage associated with the charging system;
418          (iii) repair, maintenance, removal, or replacement of the charging system;
419          (iv) repairing any damage to a common area that results from the installation,
420     maintenance, removal, or replacement of the charging system; and
421          (v) if reasonably necessary for the repair, maintenance, or replacement of a common
422     area, the removal or relocation of the charging system; and
423          (b) maintain a valid insurance policy covering the lot owner's obligations described in
424     this Subsection (5) and name the association as an additional insured under the lot owner's
425     insurance policy.
426          (6) (a) A lot owner who installs a charging system at the lot owner's expense owns the
427     charging system.
428          (b) A lot owner shall disclose to a prospective buyer of the lot owner's lot:
429          (i) the existence of any charging system the lot owner owns; and
430          (ii) the lot owner's related responsibilities under this section.
431          Section 5. Section 57-22-2 is amended to read:
432          57-22-2. Definitions.
433          As used in this chapter:
434          (1) "Electric vehicle charging system" or "charging system" means a device that is:
435          (a) used to provide electricity to one or more electric or hybrid electric vehicles; and
436          (b) designed to ensure a safe connection between the electric grid and the vehicle.
437          [(1)] (2) "Owner" means the owner, lessor, or sublessor of a residential rental unit. A
438     managing agent, leasing agent, or resident manager is considered an owner for purposes of
439     notice and other communication required or allowed under this chapter unless the agent or
440     manager specifies otherwise in writing in the rental agreement.
441          [(2)] (3) "Rental agreement" means any agreement, written or oral, which establishes or
442     modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy
443     of a residential rental unit.
444          [(3)] (4) "Rental application" means an application required by an owner as a
445     prerequisite to the owner entering into a rental agreement for a residential rental unit.
446          [(4)] (5) "Renter" means any person entitled under a rental agreement to occupy a
447     residential rental unit to the exclusion of others.
448          [(5)] (6) "Residential rental unit" means a renter's principal place of residence and
449     includes the appurtenances, grounds, and facilities held out for the use of the residential renter
450     generally, and any other area or facility provided to the renter in the rental agreement. It does
451     not include facilities contained in a boarding or rooming house or similar facility, mobile home
452     lot, or recreational property rented on an occasional basis.
453          Section 6. Section 57-22-5.2 is enacted to read:
454          57-22-5.2. Electric vehicle charging systems-- Restrictions -- Responsibilities.
455          (1) As used in this section:
456          (a) "General electrical contractor" means the same as that term is defined in Section
457     58-55-102.
458          (b) "Residential electrical contractor" means the same as that term is defined in Section
459     58-55-102.
460          (2) Notwithstanding any provision in a rental agreement to the contrary and subject to
461     the provisions of this section, an owner may not:
462          (a) prohibit a renter from installing or using a charging system in the residential rental
463     unit; or
464          (b) charge a fee to a renter for the renter's installation or use of a charging system.
465          (3) Upon request, an owner shall assign a renter a different parking area that allows the
466     renter to install a charging system if:
467          (a) site conditions prevent the installation of a charging system in the renter's assigned
468     parking area; or
469          (b) the cost of installing a charging system in the renter's assigned parking area makes
470     installation of the charging system prohibitive.
471          (4) An owner may require:
472          (a) a renter to submit an application for approval of the installation of a charging
473     system;
474          (b) a renter to agree in writing to:
475          (i) hire a general electrical contractor or residential electrical contractor to install the
476     charging system; and
477          (ii) provide reimbursement to the owner for the actual cost of the increase in the
478     owner's insurance premium attributable to the installation or use of the charging system;
479          (c) a charging system to comply with:
480          (i) the owner's reasonable design criteria governing the dimensions, placement, or
481     external appearance of the charging system; and
482          (ii) applicable building codes;
483          (d) if the owner installs a charging system at the request of the renter, the renter to
484     reimburse the owner for the costs of installing the charging system; and
485          (e) if a renter desires to install a charging system in an area accessible to other renters,
486     the renter to pay a reasonable fee to reserve a specific parking area in which to install the
487     charging system.
488          (5) A renter who installs a charging system shall:
489          (a) pay the costs of:
490          (i) installing the charging system;
491          (ii) electricity usage associated with the charging system;
492          (iii) repair, maintenance, removal, or replacement of the charging system;
493          (iv) repairing any damage to the residential rental unit that results from the installation,
494     maintenance, removal, or replacement of the charging system; and
495          (v) if reasonably necessary for the repair, maintenance, or replacement of any portion
496     of the residential rental unit, the removal or relocation of the charging system; and
497          (b) maintain a valid insurance policy covering the renter's obligations described in this
498     Subsection (5) and name the owner as an additional insured under the renter's insurance policy.
499          (6) (a) A renter who installs a charging system at the renter's expense owns the
500     charging system.
501          (b) Upon termination of a rental agreement, a renter who has installed a charging
502     system may:
503          (i) remove the charging system; or
504          (ii) sell the charging system.
505          (7) This section does not require an owner to purchase a charging system from a renter.