View by Topic
Recent Articles
-
Voters Save Gas Stoves from Government Ban Portending More ..Saturday, November 9th, 2024
-
Ocean City and Others File Lawsuit to Reverse Offshore Wind ApprovalThursday, October 31st, 2024
-
Lawsuit Challenges D.C. Gas Appliance Ban and Net Zero Building CodeSaturday, October 26th, 2024
-
Lawsuit Charges Montgomery County Gas Appliance Ban is Preempted and VoidFriday, October 18th, 2024
-
Federal Court Reinstates Greenwashing Case Over Aspirational StatementsSaturday, October 12th, 2024
View by Month/Year
“Green Building Law Update” Headlines
Recent Articles & News from
Stuart Kaplow’s blog
at GreenBuildingLawUpdate.com
- Maryland Offshore Wind Project Faces Legal Storm from Coastal Communities November 3, 2024
- Legal Showdown in DC: Lawsuit Challenges Gas Appliance Ban as Preempted October 27, 2024
- Lawsuit Challenges Montgomery County Gas Appliance Ban as Federally Preempted and Void October 20, 2024
- Greenwashing? Court Says Coca-Cola’s Aspirational Statements May Mislead Consumers October 13, 2024
Subscribe to the Green Building Law Update!
Stuart Kaplow brings his expertise and extensive experience to the table with his unique digital publication, "Green Building Law Update". Subscribers receive regular updates to keep them informed about important issues surrounding Environmental Law, Green Building & Real Estate Law, as well as the emerging demand for Environmental Social Governance (ESG).
Get fresh content through the lense of Stuart Kaplow's cutting-edge expertise, innovative commentary and insider perspective. Don't miss another issue! Subscribe below.
Banning Electric Vehicles from Older Residential Building Garages
Electric vehicles symbolize a future where clean energy and sustainable transportation go hand in hand. However, the transition to this future isn’t as straightforward as merely legislating the right to charge EVs in garages multifamily buildings. Key among the issues is that EVs are hundreds to thousands of pounds heavier than their gasoline counterparts due to their large batteries.
Recent trends reveal a significant paradox: while laws like those in Maryland aim to facilitate EV adoption by mandating the installation of charging equipment, residential condominium boards are increasingly restricting or outright prohibiting the use of such equipment within older garages. These moves raise crucial questions about infrastructure, safety, and the practical challenges of integrating new technology into old spaces.
Legislative Landscape: Right to Charge Laws
Laws such as Maryland’s “right to charge” statute are designed to remove barriers for EV owners living in multifamily buildings. These laws typically prevent condo associations from unreasonably restricting the installation of EV charging stations, acknowledging the growing demand for electric vehicles and the need for accessible charging infrastructure.
However, other recently enacted laws mandate structural integrity reserve studies for many common interest community controlled high rise buildings and those studies have identified the risks EVs may pose without significant capital upgrades to garages assuming the structural and power work is even feasible not to mention reasonably fundable by the building owners. It’s in the outcomes of these government mandated reserve studies that the crux of the issue lies.
The Weight of the Matter: Structural Concerns
Electric vehicles are significantly heavier than their gasoline counterparts due to their large, powerful batteries. For instance, the battery of an electric GMC Hummer alone weighs about 2,900 pounds—nearly the entire weight of a Honda Civic. Similarly, the Audi E-tron SUV weighs about 5,765 pounds, compared to the Ford Explorer SUV’s 4,345 pounds.
These substantial weight differences have led to growing concerns about the structural integrity of older parking garages. Experts warn that these garages, not designed to support such heavy loads, could be at risk of collapse. Consequently, many condo boards, heeding these warnings, are deciding that the safest course of action is to prohibit EV parking in their garages.
It is worthy of note that the average weight of vehicles sold in the U.S. has irrespective of this issue increased by over 900 pounds over the last 30 years as Americans moved from sedans to pick up trucks and SUVs. So, garages are already accommodating more weight than many were designed for.
Parking garage collapses in Manhattan and Baltimore last year are not blamed on EVs, but underscore the structural issues of large numbers of garages built in the 1960s and 1970s with different weight assumptions or that may not have been well maintained.
Fire Risks: A Hot Topic
Beyond structural concerns, there are also significant safety issues related to the fire risk posed by EVs. A Mercedes-Benz EV that was not charging erupted into flames in a residential building garage last week in Seoul to more than 8 hours to extinguish destroying dozens of other vehicles and leaving the building above uninhabitable. Lithium battery fires, which can burn at extremely high temperatures and are notoriously difficult to extinguish, pose a potential hazard in confined spaces like parking garages. This risk further justifies the reluctance of some condominium boards to allow EVs in their older facilities.
Legislative Intent vs. Practical Reality
The laws designed to encourage EV adoption are encountering the practical realities of aging infrastructure. While the intent behind these laws is to promote sustainable transportation, the structural limitations of older buildings cannot be ignored. This tension is particularly evident in the actions of condominium boards, which must prioritize the safety and structural integrity of their buildings.
A Look Across the Pond: The UK’s Approach
Interestingly, the UK is currently working on new regulations for the country’s more than 6,000 multi story car parks to address these very concerns. While similar regulatory updates have not yet been seen in the U.S., it’s clear that private owners and condominium boards are proactively addressing the structural issue.
The Trend: Restriction Over Adoption
Despite the push from legislative bodies to integrate EVs into everyday life, the trend among condo boards from Los Angeles to Baltimore and Manhattan to Miami, is leaning towards restricting EVs from older garages. This movement is accelerating, particularly at a time when demand for EVs appears to be weakening. There is no good data that correlates the soft demand for new EV sales to consumer response to highrise building garage prohibitions, but buyers are hesitant.
Conclusion: Navigating the Transition
The journey towards widespread EV adoption will no doubt be one of unintended consequences, involving a delicate balance between legislative efforts and practical infrastructure challenges. As we continue to innovate and move towards a more sustainable future, it’s crucial to address these structural and safety concerns head on. Ensuring that our buildings can safely accommodate the weight, and the fire hazards, not to mention the increased electricity load of EVs is essential for fostering a future where electric vehicles are truly a part of everyday life.
In the interim, solutions like relegating charging equipment to surface parking lots may serve as a compromise, allowing EV owners to charge their vehicles safely while protecting the integrity of older buildings. The evolution of regulations and building standards will undoubtedly play a pivotal role in resolving these challenges, paving the way for a smoother transition to an electric future, however, in the present it may be reasonable for condo boards for older buildings with garages to address the extra poundage by keeping EVs out.
___________________
We will be offering a webinar entitled, “With ‘new’ proposed Maryland BEPS regulations what does a Building Owner do now?” on Tuesday, August 13 from 9 – 9:30 am EDT. The webinar is complimentary, but you must register here.