2017 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 091 - Tenancy
Section 91.265 - Installation of electric vehicle charging station; cost of additional infrastructure improvements; action to enforce compliance.
(1) As used in this section:
(a) "Landlord" means the owner, lessor or sublessor of a rental unit or the building or premises of which it is a part, or a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement.
(b) "Rental unit" means a structure or part of a structure that is used as a commercial space by a tenant.
(c) "Tenant" means an individual or organization entitled under a rental agreement to occupy a rental unit to the exclusion of others.
(2) A tenant may submit an application to install an electric vehicle charging station for the use of the tenant, employees of the tenant or customers of the tenant, in compliance with the requirements of this section, in, or accessible to, any parking space assigned to the tenant or the rental unit of the tenant.
(3) A landlord may prohibit installation or use of a charging station installed and used in compliance with the requirements of this section only if the premises do not have at least one parking space per rental unit.
(4) 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.
(5) A landlord may require:
(a) A tenant to obtain the landlord’s written approval of a person the tenant employs to install and remove the charging station.
(b) A charging station installed by a tenant to be a certified electrical product, as defined in ORS 479.530.
(c) A person employed by a tenant to install the charging station to post a payment bond and a performance bond in an amount equal to at least 125 percent of the anticipated cost of work.
(d) A tenant to comply with reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.
(e) A charging station installed by a tenant to meet the architectural standards of the premises.
(f) The owner of the charging station to:
(A)(i) Maintain a renter’s liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and
(ii) Name the landlord as a named additional insured under the policy with a right to prior notice of cancellation of or material change to the policy; or
(B) If the owner is unable to obtain an insurance policy described in subparagraph (A)(i) of this paragraph, reimburse the landlord for the cost of maintaining a liability insurance policy that includes coverage of the charging station.
(6) 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.
(7) Unless a landlord and tenant negotiate a different outcome:
(a) A charging station installed under this section is deemed to be the personal property of the tenant.
(b) The tenant is responsible for all costs associated with installation and use of the charging station, including:
(A) The cost of review and permitting of the charging station;
(B) The cost of electricity associated with the charging station; and
(C) The cost of damage to the premises that results from the installation, use, maintenance, repair, removal or replacement of the charging station.
(c) Upon termination of the rental agreement, the landlord may require the tenant to:
(A) Remove the charging station;
(B) Cap all exposed wires and conduit; and
(C) Restore the premises, including but not limited to the cleanliness and safety of the premises, to the condition of the premises before the installation of the charging station.
(8) 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 shall assess and collect, and each tenant that has installed or will install a charging station shall pay, the cost of the additional improvements.
(9) In any action between a landlord and tenant to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2017 c.386 §1]
Note: 91.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 91 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
