Governor Newsom has signed legislation which sets standards for the storage of e-bikes, e-scooters, and other battery-powered micro-mobility devices in California rentals.
SUMMARY
This bill would prohibit a landlord from not allowing tenants to own personal micro-mobility devices or from storing and recharging up to one personal micro-mobility device in their dwelling unit for each person occupying the unit, subject to certain conditions and exceptions. The bill would define “personal micro-mobility device” for those purposes to mean a device that is powered by the physical exertion of the rider or an electric motor and is designed to transport one individual or one adult accompanied by up to three minors.
SB 712 generally allows tenants to store these devices indoors, but with some exceptions based on factors such as battery type, whether the tenant has insurance, and whether the landlord can provide storage outside the unit.
SB 712 also gives landlords the option to provide tenants with exterior “secure, long-term storage” for their devices. If storage is offered, landlords can prohibit the renter from storing them inside their unit.
The external storage aims to ensure safety and accessibility for all residents. Additionally, while tenants are permitted to perform minor maintenance tasks, such as tire changes, inside their rental units, other repairs, particularly those involving batteries or motors, can be restricted by the landlord.
E-Bike batteries must meet certain standards and if they do not, a tenant must maintain liability insurance if they store the device in the rental unit, AND the landlord can prohibit the tenant from charging the device inside the unit.
The new regulations of this bill listed below will take effect on January 1, 2024:
SB 712 – SECTION 1.
Section 1940.41 is added to the Civil Code, to read:
1940.41.
(a) For purposes of this section:
(1) “Personal micro-mobility device” means a device with both of the following characteristics:
(A) It is powered by the physical exertion of the rider or an electric motor.
(B) It is designed to transport one individual or one adult accompanied by up to three minors.
(2) “Secure, long-term storage” means a location with all of the following characteristics:
(A) Access is limited to residents of the same housing complex.
(B) It is located on the premises.
(C) It is reasonably protected against precipitation.
(D) It has a minimum of one standard electrical connection for each personal micro-mobility device that will be stored and recharged in that location.
(E) Tenants are not charged for its use.
(b) A landlord shall not prohibit a tenant from either of the following:
(1) Owning personal micro-mobility devices.
(2) (A) Storing and recharging up to one personal micro-mobility device in their dwelling unit for each person occupying the unit if the personal micro-mobility device meets one of the following:
(i) Is not powered by an electric motor.
(ii) Complies with the following safety standards:
(I) For e-bikes, UL 2849, the Standard for Electrical Systems for E-bikes, as recognized by the United States Consumer Product Safety Commission, or EN 15194, the European Standard for electrically powered assisted cycles (EPAC Bicycles).
(II) For e-scooters, UL 2272, the Standard for Electrical Systems for Personal E-Mobility Devices, as recognized by the United States Consumer Product Safety Commission, or EN 17128, the European Standard for personal light electric vehicles (PLEV).
(iii) Is insured by the tenant under an insurance policy covering storage of the device within the tenant’s dwelling unit. The owner may prohibit the tenant from charging a device in the unit if the device does not meet the standards in subclauses (I) and (II) of clause (ii).
(B) Subparagraph (A) does not apply if the landlord provides the tenant secure, long-term storage for the tenant’s personal micro-mobility devices.
(C) Subparagraphs (A) and (B) do not apply to circumstances in which an occupant of the unit requires the use of a personal micro-mobility device as an accommodation for a disability.
(c) This section does not require a landlord to modify or approve a tenant’s request to modify a rental dwelling unit for the purpose of storing a micro-mobility device inside of the dwelling unit.
(d) This section does not prohibit a landlord from doing any of the following:
(1) (A) Prohibiting repair or maintenance on batteries and motors of personal micro-mobility devices within a dwelling unit.
(B) Subparagraph (A) does not prohibit a tenant from changing a flat tire or adjusting the brakes on a personal micro-mobility device within the unit.
(2) Requiring a tenant to store a personal micro-mobility device in compliance with applicable fire code.
(3) Requiring a tenant to store a personal micro-mobility device in compliance with the Office of State Fire Marshal Information Bulletin 23-003 regarding lithium-ion battery safety, issued April 3, 2023, or any updated guidance issued by the Office of the State Fire Marshal regarding lithium-ion battery safety, if such bulletin or guidance is provided to the tenant by the landlord.
(e) This section does not limit the rights and remedies available to disabled persons under federal or state law.
AOA Forms
AOA members may download for FREE a copy of form 166 – E-Bike/E-Scooter Addendum/Agreement and the Office of the State Fire Marshal Information Bulletin at www.aoausa.com.