Illinois General Assembly - Full Text of HB4284
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Full Text of HB4284  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/28/2020, by Rep. Robyn Gabel


New Act

    Creates the Electric Vehicle Charging Act. Provides that the Act applies to new or renovated residential or nonresidential buildings with parking. Provides that a new or renovated residential building is required to have a certain percentage, based on the number of units in the residential building, of its total parking spaces either electric vehicle ready or electric vehicle capable. Provides that a new or renovated nonresidential building is required to have 30% of its total parking spaces electric vehicle ready. Provides various requirements related to electric vehicle charging stations for unit owners. Provides various requirements related to electric vehicle charging systems for renters.

LRB101 15830 LNS 66224 b





HB4284LRB101 15830 LNS 66224 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Electric Vehicle Charging Act.
6    Section 5. Legislative intent. Electric vehicles are an
7important tool to fight the climate crisis, tackle air
8pollution, and provide safe, clean, and affordable personal
9transportation. The State should encourage urgent and
10widespread adoption of electric vehicles. Since most current
11electric vehicle owners are single-family homeowners who
12charge at home, providing access to home charging for those in
13multi-unit dwellings is crucial to wider electric vehicle
14adoption. This includes condominium unit owners and renters,
15regardless of parking space ownership and regardless of income.
16Therefore, a significant portion of parking spaces in new and
17renovated residential and commercial developments must be
18capable of electric vehicle charging. Additionally, renters
19and condominium unit owners must be able to install charging
20equipment for their cars under reasonable conditions.
21    Section 10. Applicability. This Act applies to new or
22renovated residential or nonresidential buildings that have



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1parking spaces and are constructed or renovated after the
2effective date of this Act.
3    Section 15. Definitions. As used in this Act:
4    "Electric vehicle" means a vehicle that is powered by an
5electric motor, runs on a rechargeable battery, and must be
6plugged in to charge.
7    "Electric vehicle capable" means an installed electrical
8panel capacity with a dedicated branch circuit and a continuous
9raceway from the panel to the future electric vehicle parking
11    "Electric vehicle charging station" means a station that is
12designed in compliance with the relevant building code and
13delivers electricity from a source outside an electric vehicle
14into one or more electric vehicles. "Electric vehicle charging
15station" includes several charging points simultaneously
16connecting several electric vehicles to the electric vehicle
17charging station and any related equipment needed to facilitate
18charging an electric vehicle.
19    "Electric vehicle charging system" means a device that is:
20        (1) used to provide electricity to an electric vehicle;
21        (2) designed to ensure that a safe connection has been
22    made between the electric grid and the electric vehicle;
23    and
24        (3) able to communicate with the vehicle's control
25    system so that electricity flows at an appropriate voltage



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1    and current level.
2    An electric vehicle charging system may be wall mounted or
3pedestal style, may provide multiple cords to connect with
4electric vehicles, and shall: (i) be certified by underwriters
5laboratories or have been granted an equivalent certification;
6and (ii) comply with the current version of Article 625 of the
7National Electrical Code.
8    "Electric vehicle charging supply equipment" means a
9conductor, including an ungrounded, grounded, and equipment
10grounding conductor, and electric vehicle connectors,
11attachment plugs, and all other fittings, devices, power
12outlets, and apparatuses installed specifically for the
13purpose of transferring energy between the premises wirings and
14the electric vehicle.
15    "Electric vehicle ready" means a parking space that is
16designed and constructed to include a fully-wired circuit with
17a 208-volt to 250-volt, 40-ampere electric vehicle charging
18receptacle outlet or termination point, including the conduit,
19wiring, and electrical service capacity necessary to serve that
20receptacle, to allow for future electric vehicle charging
21supply equipment.
22    "Level 1" means a charging system that provides charging
23through a 120-volt AC plug with a cord connector that meets the
24SAE International J1772 standard or successor standard.
25    "Level 2" means a charging system that provides charging
26through a 208-volt to 240-volt AC plug with a cord connector



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1that meets the SAE International J1772 standard or a successor
3    "New" means any newly constructed building and associated
4newly constructed parking facility.
5    "Reasonable restriction" means a restriction that does not
6significantly increase the cost of the electric vehicle
7charging station or electric vehicle charging system or
8significantly decrease its efficiency or specified
10    "Renovated" means any building with alterations and
11additions involving the removal of interior finishes and
12significant proposed upgrades to structural, mechanical,
13electrical, or plumbing systems.
14    Section 20. Residential requirements. A new or renovated
15residential building shall have:
16        (1) 100% of its total parking spaces electric vehicle
17    ready, if there are one to 6 parking spaces;
18        (2) 100% of its total parking spaces electric vehicle
19    capable, of which at least 20% shall be electric vehicle
20    ready, if there are 6 to 23 parking spaces; or
21        (3) 100% of its total parking spaces electric vehicle
22    capable, if there are 24 or more parking spaces.
23    Additionally, a new or renovated residential building
24shall provide at least one parking space with electric vehicle
25charging supply equipment installed, and for each additional



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1parking space with electric vehicle charging supply equipment
2installed, the electric vehicle ready requirement is decreased
3by 2%.
4    Each parking space shall be marked and signed for common
5use by residents. A resident shall use an electric vehicle
6parking space only when he or she is charging his or her
7electric vehicle.
8    Section 25. Nonresidential requirements. A new or
9renovated nonresidential building shall have 30% of its total
10parking spaces electric vehicle ready.
11    Section 30. Electric vehicle station policy for unit
13    (a) Any covenant, restriction, or condition contained in
14any deed, contract, security interest, or other instrument
15affecting the transfer or sale of any interest in a condominium
16or common interest community, and any provision of a governing
17document that effectively prohibits or unreasonably restricts
18the installation or use of an electric vehicle charging station
19within a unit owner's unit or a designated parking space,
20including, but not limited to, a deeded parking space, a
21parking space in a unit owner's exclusive use common area, or a
22parking space that is specifically designated for use by a
23particular unit owner, or is in conflict with this Section, is
24void and unenforceable.



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1    (b) This Section does not apply to provisions that impose a
2reasonable restriction on an electric vehicle charging
3station. However, it is the policy of this State to promote,
4encourage, and remove obstacles to the use of an electric
5vehicle charging station.
6    (c) An electric vehicle charging station shall meet
7applicable health and safety standards and requirements
8imposed by State and local authorities, and all other
9applicable zoning, land use, or other ordinances or land use
11    (d) If approval is required for the installation or use of
12an electric vehicle charging station, the association shall
13process and approve the application in the same manner as an
14application for approval of an architectural modification to
15the property, and the association shall not willfully avoid or
16delay the adjudication of the application. The approval or
17denial of an application shall be in writing. If an application
18is not denied in writing within 60 days from the date of the
19receipt of the application, the application shall be deemed
20approved unless the delay is the result of a reasonable request
21for additional information.
22    (e) If the electric vehicle charging station is to be
23placed in a common area or exclusive use common area, as
24designated by the condominium or common interest community
25association, the following applies:
26        (1) The unit owner shall first obtain approval from the



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1    association to install the electric vehicle charging
2    station and the association shall approve the installation
3    if the unit owner agrees, in writing, to:
4            (i) comply with the association's architectural
5        standards for the installation of the electric vehicle
6        charging station;
7            (ii) engage a licensed contractor to install the
8        electric vehicle charging station;
9            (iii) within 14 days of approval, provide a
10        certificate of insurance that names the association as
11        an additional insured party under the unit owner's
12        insurance policy as required under paragraph (3); and
13            (iv) pay for both the costs associated with the
14        installation of and the electricity usage associated
15        with the electric vehicle charging station.
16        (2) The unit owner, and each successive unit owner of
17    the electric vehicle charging station, is responsible for:
18            (i) costs for damage to the electric vehicle
19        charging station, common area, exclusive use common
20        area, or separate interests resulting from the
21        installation, maintenance, repair, removal, or
22        replacement of the electric vehicle charging station;
23            (ii) costs for the maintenance, repair, and
24        replacement of the electric vehicle charging station
25        until it has been removed, and for the restoration of
26        the common area after removal;



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1            (iii) costs of electricity associated with the
2        charging station, which shall be based on:
3                (A) an inexpensive submetering device; or
4                (B) a reasonable calculation of cost, based on
5            the average miles driven, efficiency of the
6            electric vehicle calculated by the United States
7            Environmental Protection Agency, and the cost of
8            electricity for the common area; and
9            (iv) disclosing to a prospective buyer the
10        existence of any electric vehicle charging station of
11        the unit owner and the related responsibilities of the
12        unit owner under this Section.
13        (3) The purpose of the costs under paragraph (2) is for
14    the reasonable reimbursement of electricity usage, and
15    shall not be set to deliberately exceed the reasonable
16    reimbursement.
17        (4) The unit owner of the electric vehicle charging
18    station, whether the electric vehicle charging station is
19    located within the common area or exclusive use common
20    area, shall, at all times, maintain a liability coverage
21    policy. The unit owner that submitted the application to
22    install the electric vehicle charging station shall
23    provide the association with the corresponding certificate
24    of insurance with 14 days of approval of the application.
25    The unit owner, and each successive unit owner, shall
26    provide the association with the certificate of insurance



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1    annually thereafter.
2        (5) A unit owner is not required to maintain a
3    homeowner liability coverage policy for an existing
4    National Electrical Manufacturers Association standard
5    alternating current power plug.
6    (f) Except as provided in subsection (g), the installation
7of an electric vehicle charging station for the exclusive use
8of a unit owner in a common area that is not an exclusive use
9common area shall be authorized by the association only if
10installation in the unit owner's designated parking space is
11impossible or unreasonably expensive. In such an event, the
12association shall enter into a license agreement with the unit
13owner for the use of the space in a common area, and the unit
14owner shall comply with all of the requirements in subsection
16    (g) An association may install an electric vehicle charging
17station in the common area for the use of all unit owners and
18members of the association. The association shall develop
19appropriate terms of use for the electric vehicle charging
21    (h) An association may create a new parking space where one
22did not previously exist to facilitate the installation of an
23electric vehicle charging station.
24    (i) An association that willfully violates this Section
25shall be liable to the unit owner for actual damages and shall
26pay a civil penalty to the unit owner not to exceed $1,000.



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1    (j) In any action by a unit owner requesting to have an
2electric vehicle charging station installed and seeking to
3enforce compliance with this Section, the court shall award
4reasonable attorney's fees to a prevailing plaintiff.
5    Section 35. Electric vehicle charging system policy for
7    (a) Notwithstanding any provision in the lease to the
8contrary, and subject to subsection (b):
9        (1) A tenant may install, at the tenant's expense for
10    the tenant's own use, a level 1 or level 2 electric vehicle
11    charging system on or in the leased premises.
12        (2) A landlord shall not assess or charge a tenant any
13    fee for the placement or use of an electric vehicle
14    charging system, except that:
15            (i) The landlord may:
16                (A) require reimbursement for the actual cost
17            of electricity provided by the landlord that was
18            used by the electric vehicle charging system; or
19                (B) charge a reasonable fee for access.
20            If the electric vehicle charging system is part of
21        a network for which a network fee is charged, the
22        landlord's reimbursement may include the amount of the
23        network fee. Nothing in this subparagraph requires a
24        landlord to impose upon a tenant a fee or charge other
25        than the rental payments specified in the lease.



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1            (ii) The landlord may require reimbursement for
2        the cost of the installation of the electric vehicle
3        charging system, including any additions or upgrades
4        to existing wiring directly attributable to the
5        requirements of the electric vehicle charging system,
6        if the landlord places or causes the electric vehicle
7        charging system to be placed at the request of the
8        tenant.
9            (iii) If the tenant desires to place an electric
10        vehicle charging system in an area accessible to other
11        tenants, the landlord may assess or charge the tenant a
12        reasonable fee to reserve a specific parking space in
13        which to install the electric vehicle charging system.
14    (b) A landlord may require a tenant to comply with:
15        (1) bona fide safety requirements consistent with an
16    applicable building code or recognized safety standard for
17    the protection of persons and property;
18        (2) a requirement that the electric vehicle charging
19    system be registered with the landlord within 30 days after
20    installation; or
21        (3) reasonable aesthetic provisions that govern the
22    dimensions, placement, or external appearance of an
23    electric vehicle charging system.
24    (c) A tenant may place an electric vehicle charging system
25in an area accessible to other tenants if:
26        (1) the electric vehicle charging system is in



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1    compliance with all applicable requirements adopted by a
2    landlord under subsection (b); and
3        (2) the tenant agrees, in writing, to:
4            (i) comply with the landlord's design
5        specifications for the installation of an electric
6        vehicle charging system;
7            (ii) engage the services of a duly licensed and
8        registered electrical contractor familiar with the
9        installation and code requirements of an electric
10        vehicle charging system; and
11            (iii) provide, within 14 days after receiving the
12        landlord's consent for the installation, a certificate
13        of insurance naming the landlord as an additional
14        insured party on the tenant's renter's insurance
15        policy for any claim related to the installation,
16        maintenance, or use of the electric vehicle charging
17        system or, at the landlord's option, reimbursement to
18        the landlord for the actual cost of any increased
19        insurance premium amount attributable to the electric
20        vehicle charging system, notwithstanding any provision
21        to the contrary in the lease. The tenant shall provide
22        reimbursement for an increased insurance premium
23        amount within 14 days after the tenant receives the
24        landlord's invoice for the amount attributable to the
25        electric vehicle charging system.
26    (d) If the landlord consents to a tenant's installation of



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1an electric vehicle charging system on property accessible to
2other tenants, including a parking space, carport, or garage
3stall, then, unless otherwise specified in a written agreement
4with the landlord:
5        (1) The tenant, and each successive tenant with
6    exclusive rights to the area where the electric vehicle
7    charging system is installed, is responsible for costs for
8    damages to the electric vehicle charging system and to any
9    other property of the landlord or another tenant resulting
10    from the installation, maintenance, repair, removal, or
11    replacement of the electric vehicle charging system.
12            (i) Costs under this paragraph shall be based on:
13                (A) an inexpensive submetering device; or
14                (B) a reasonable calculation of cost, based on
15            the average miles driven, efficiency of the
16            electric vehicle calculated by the United States
17            Environmental Protection Agency, and the cost of
18            electricity for the common area.
19            (ii) The purpose of the costs under this paragraph
20        is for reasonable reimbursement of electricity usage
21        and shall not be set to deliberately exceed that
22        reasonable reimbursement.
23        (2) Each successive tenant with exclusive rights to the
24    area where the electric vehicle charging system is
25    installed shall assume responsibility for the repair,
26    maintenance, removal, and replacement of the electric



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1    vehicle charging system until the electric vehicle
2    charging system is removed.
3        (3) The tenant, and each successive tenant with
4    exclusive rights to the area where the electric vehicle
5    charging system is installed, shall, at all times, have and
6    maintain an insurance policy covering the obligations of
7    the tenant under this subsection and shall name the
8    landlord as an additional insured party under the policy.
9        (4) The tenant, and each successive tenant with
10    exclusive rights to the area where the electric vehicle
11    charging system is installed, is responsible for removing
12    the system if reasonably necessary or convenient for the
13    repair, maintenance, or replacement of any property of the
14    landlord, whether or not leased to another tenant.
15    (e) An electric vehicle charging system installed at the
16tenant's cost is the property of the tenant. Upon termination
17of the lease, if the electric vehicle charging system is
18removable, the tenant may either remove it or sell it to the
19landlord or another tenant for an agreed price. Nothing in this
20subsection requires the landlord or another tenant to purchase
21the electric vehicle charging system.
22    (f) A landlord that willfully violates this Section shall
23be liable to the tenant for actual damages, and shall pay a
24civil penalty to the tenant in an amount not to exceed $1,000.
25    (g) In any action by a tenant requesting to have an
26electric vehicle charging system installed and seeking to



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1enforce compliance with this Section, the court shall award
2reasonable attorney's fees to a prevailing plaintiff.