Are You Staying
Ahead of the Surge? Checking In on Your Preparations for a Greener Future
Scott Clements, RS, PRA, CMI of Reserve Studies Inc., Daniel C. Heaton, Esq. of DeNichilo Law, APC and Cyrus Koochek, Esq, CCAL of SwedelsonGottlieb
EDITOR’S NOTE: During the Chapter’s April 2024 educational luncheon, “Getting Ahead of the Surge,” speakers discussed new regulatory requirements designed to reduce pollution as well as possible courses of action for associations to meet their legal obligations and use limited resources more effectively. This article is intended to help community leaders continue those preparations and be ready to meet a future that likely was not envisioned when their community was built.
California’s governor established aggressive statewide targets in September 2020 to accelerate the shift toward zero-emission vehicles and equipment by 2035 where feasible. This and other regulations have created a comprehensive approach to meeting certain outlined milestones. With multiple boards, agencies, and building authorities implementing standards to further the goal of zero emissions, there will be a significant impact on property ownership and management. The following are some of the most impactful changes affecting community associations.
AB 2075, chaptered in 2022, required the establishment of mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings and non-residential developments. The new law requires installation of Level 2 Electric Vehicle Charging Stations (EVCS) in new construction. Additional standards require that at least 25% of parking spaces in new multifamily developments be EV Ready, with another 5% equipped with installed Level 2 charging stations. The California Green Building Standards Code (CALGreen) (Cal. Code Regs. tit. 24, pt. 11) requires installation of Level 2 electric vehicle charging stations in new construction. These requirements will be updated, potentially increased, and codified in building and electrical code supplements. Communities should realize that these regulations may be applied to existing facilities when a permit application is submitted for certain retrofits, additions, or alterations.
The CA Department of Housing & Community Development implemented requirements for installation of EVCS in existing facilities pursuant to AB 1738 (2022). Community associations should ensure that their contractor review the revised standards for retrofits, additions, or alterations to existing parking facilities.
It is crucial for community managers and homeowner leaders to survey their membership to gauge the future desirability of EVCS in their communities and consult with experts, such as licensed electrical and mechanical engineers and general contractors, to determine what alterations to the existing systems will be necessary to meet both current and looming statutory requirements, along with any potential additions the membership may seek.
16 July | August 2025
Between the EVCS requirements and the California Air Resources Board (CARB) 2022 State Implementation Plan, significant new electrical capacity may be required in many community associations, including townhouse, midrise and tower-style condominiums. Once a community has a clear understanding of their needs and desires relating to EVCS, they can then begin the budgeting and planning process to install the required new electrical capacity.
AB 1346, chaptered in 2021, amended the Health & Safety Code to require the CARB to adopt regulations requiring zero emissions from new small off-road engines (“SORE”), which are primarily used in lawn and garden care. The sale of new gas-powered SORE in California was banned at the start of 2024, although the statute allows continuing use and repair of existing gas-powered equipment. The regulation includes gas-powered mowers, edgers, hedge trimmers, leaf blowers, pressure washers, some riding mowers, and chainsaws with less than 45cc engines. In 2028, the ban will expand to also include portable gas-powered generators under 25HP. Professional landscapers will, over time, need to replace their equipment with electronically powered devices, procure additional batteries for continued use, charge, and transport these batteries, and will
likely pass the added
costs along to their community association clients. (See OC View, “California Will Go from Gas to Electric Powered Lawn Equipment,” Jan.–Feb. 2023.)
CARB has implemented regulations targeting a 100% zero- emission transition for SORE by 2035, where feasible. This encompasses equipment such as lawnmowers, leaf blowers, and portable generators. Associations should prepare for phased implementation and consider budgeting for the transition to compliant equipment.
In September 2022, CARB implemented Resolution 22-14, which will prohibit the purchase of new space/water heaters unless it is a zero emissions unit, starting in 2030. This restriction will apply to new equipment in both residential and commercial applications. In practical terms, as gas-powered water heaters and heating systems age out and require replacement, they must be replaced by zero-emissions equipment, meaning tens of thousands of
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36
