CAI-NJ June 2019 (w)

Update on Legislation Regarding the Installation of Car Charging Stations in Common Interest Communities By Matthew Z. Earle, Esq., Kates, Nussman, Ellis, Farhi & Earle, LLP

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T here are a number of policy reasons that make installing or permitting the installation of electric car charging stations an attractive option for many com- mon interest communities (“CICs”). (Some of these are discussed on page 42 of this issue in an article written by Jeff Circus of Associa - Community Management Corp., AAMC.) However, CIC boards and other policy makers should also be cognizant of the fact that adding charging stations increas- es the load on electrical infrastructure, which is of heightened concern in the case of high-rises and other multiple dwellings with a shared electrical system. Boards may need to have a professional perform an electrical load study to determine whether there is sufficient available spare loading capacity for the panels, transformers, wiring, and other equipment to accommodate the charging station(s). In addition, even if the building’s capacity can handle additional load, the load study may also need to evaluate whether the electric utility provider is able to deliver sufficient power. In the event that the load capacity is exceeded, the instal- lation of additional charging stations may cause low volt-

age issues in the building such as brownouts. Addressing inadequate building infrastructure may be costly and disruptive, and, depending on the particular building, may not be feasible. Recently, the Senate passed bill S2421 relating to charging stations in CICs which, in its current form is opposed by CAI-NJ’s Legislative Action Committee (the NJ-LAC). The Assembly counterpart, A1030, is out of committee. While the LAC favors bills that promote green energy and the installation of Charging Stations in CICs, the bill being considered by New Jersey lawmakers is objectionable for the following primary reasons: 1. It mandates that CICs permit owners to install charging stations in assigned spaces. While the bill requires “In the event that the load capacity is exceeded, the installation of additional charging stations may cause low voltage issues in the building such as brownouts.”

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