Illinois General Assembly - Full Text of HB3125
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Full Text of HB3125  102nd General Assembly

HB3125eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3125 EngrossedLRB102 14274 SPS 19626 b

1    AN ACT concerning regulation.
 
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 small multi-family residences and
15condominium unit owners and renters, regardless of parking
16space ownership and regardless of income. Therefore, a
17significant portion of parking spaces in new and renovated
18residential developments shall be capable of electric vehicle
19charging. Additionally, renters and condominium unit owners
20shall be able to install charging equipment for electric
21vehicles under reasonable conditions.
 
22    Section 10. Applicability. This Act applies to new

 

 

HB3125 Engrossed- 2 -LRB102 14274 SPS 19626 b

1single-family homes and newly constructed or renovated
2multi-unit residential buildings that have parking spaces and
3are constructed or renovated after the effective date of this
4Act.
 
5    Section 15. Definitions. As used in this Act:
6    "Affordable housing development" means (i) any housing
7that is subsidized by the federal or State government or (ii)
8any housing in which at least 20% of the dwelling units are
9subject to covenants or restrictions that require that the
10dwelling units to be sold or rented at prices that preserve
11them as affordable housing for a period of at least 10 years.
12    "Association" has the meaning set forth in subsection (o)
13of Section 2 of the Condominium Property Act or Section 1-5 of
14the Common Interest Community Association Act, as applicable.
15    "Electric vehicle" means a vehicle that is exclusively
16powered by and refueled by electricity, plugs in to charge,
17and is licensed to drive on public roadways. "Electric
18vehicle" does not include electric mopeds, electric
19off-highway vehicles, hybrid electric vehicles, or
20extended-range electric vehicles that are equipped, fully or
21partially, with conventional fueled propulsion or auxiliary
22engines.
23    "Electric vehicle charging station" means a station that
24is designed in compliance with the relevant building code and
25delivers electricity from a source outside an electric vehicle

 

 

HB3125 Engrossed- 3 -LRB102 14274 SPS 19626 b

1into one or more electric vehicles.
2    "Electric vehicle charging system" means a device that is:
3        (1) used to provide electricity to an electric
4    vehicle;
5        (2) designed to ensure that a safe connection has been
6    made between the electric grid and the electric vehicle;
7    and
8        (3) able to communicate with the vehicle's control
9    system so that electricity flows at an appropriate voltage
10    and current level. An electric vehicle charging system may
11    be wall mounted or pedestal style, may provide multiple
12    cords to connect with electric vehicles, and shall:
13            (i) be certified by underwriters laboratories or
14        have been granted an equivalent certification; and
15            (ii) comply with the current version of Article
16        625 of the National Electrical Code.
17    "Electric vehicle supply equipment" or "EVSE" means a
18conductor, including an ungrounded, grounded, and equipment
19grounding conductor, and electric vehicle connectors,
20attachment plugs, and all other fittings, devices, power
21outlets, and apparatuses installed specifically for the
22purpose of transferring energy between the premises wiring and
23the electric vehicle.
24    "Electric vehicle system" includes several charging points
25simultaneously connecting several electric vehicles to the
26electric vehicle charging station and any related equipment

 

 

HB3125 Engrossed- 4 -LRB102 14274 SPS 19626 b

1needed to facilitate charging an electric vehicle.
2    "EV-capable" means parking spaces that have the electrical
3panel capacity and conduit installed during construction to
4support future implementation of EV charging with 208-volt or
5240-volt or greater, 40-ampere or greater circuits. This
6strategy ensures the reduction of up-front costs for EV
7charging station installation by providing the electrical
8elements that are difficult to install during a retrofit.
9Anticipating the use of dual head EVSE, the same circuit may be
10used to support charging in adjacent EV-capable spaces.
11    "EV-ready" means parking spaces that have full circuit
12installations of 208-volt or 240-volt or greater, 40-ampere or
13greater panel capacity, raceway wiring, receptacle and circuit
14overprotection devices. This strategy provides all required
15electrical hardware for the future installation of EV supply
16equipment (EVSE). Anticipating the use of dual head EVSE, the
17same circuit may be used to support charging in adjacent
18EV-ready spaces.
19    "EVSE-installed" means EV supply equipment (EVSE) that is
20fully installed from the electrical panel to the parking
21space.
22    "Large multi-family residence" means a single residential
23building that accommodates 5 families or more.
24    "Level 1" means a charging system that provides charging
25through a 120-volt AC plug with a standard conductive
26connector that meets the SAE International J1772 or J2954

 

 

HB3125 Engrossed- 5 -LRB102 14274 SPS 19626 b

1standard or successor standards.
2    "Level 2" means a charging system that provides charging
3through a 208-volt to 240-volt AC plug with a standard
4conductive connector that meets the SAE International J1772 or
5J2954 standard or successor standards.
6    "New" means newly constructed.
7    "Reasonable restriction" means a restriction that does not
8significantly increase the cost of the electric vehicle
9charging station or electric vehicle charging system or
10significantly decrease its efficiency or specified
11performance.
12    "Renovated" means altered or added where electrical
13service capacity is increased by one electric service panel or
14more.
15    "Single-family residence" means a detached single-family
16residence on a single lot.
17    "Small multi-family residence" means a single residential
18building that accommodates 2 to 4 families.
 
19    Section 20. Electric vehicle capable parking space
20requirement. A new single-family residence or a small
21multi-family residence shall have at least one electric
22vehicle capable parking space for each residential unit that
23has dedicated parking, unless any subsequently adopted
24building code requires additional electric vehicle capable
25parking spaces or installed EVSE. A new single-family

 

 

HB3125 Engrossed- 6 -LRB102 14274 SPS 19626 b

1residence or small multi-family residence that qualifies as an
2affordable housing development shall have one EV-capable
3parking space for each code-required parking space if the
4owner is issued a building permit 24 months after the
5effective date of this Act. Where code-required parking
6exceeds one parking space per dwelling unit, only one parking
7space per dwelling unit is required to be EV-capable.
 
8    Section 25. Residential requirements.
9    (a) A new, large multi-family residential building or a
10large multi-family residential building being renovated by a
11developer converting the property to an association shall
12have:
13        (1) 100% of its total parking spaces electric vehicle
14    ready, if there are one to 6 parking spaces;
15        (2) 100% of its total parking spaces electric vehicle
16    capable, of which at least 20% shall be electric vehicle
17    ready, if there are 7 to 23 parking spaces; or
18        (3) 100% of its total parking spaces electric vehicle
19    capable, if there are 24 or more parking spaces, of which
20    at least 5 spots shall be electric vehicle ready.
21    Additionally, if there are 24 or more parking spaces, a
22    new or renovated residential multi-unit building shall
23    provide at least one parking space with electric vehicle
24    supply equipment installed, and for each additional
25    parking space with electric vehicle supply equipment

 

 

 

HB3125 Engrossed- 7 -LRB102 14274 SPS 19626 b

1    installed, the electric vehicle ready requirement is
2    decreased by 2%. Where additional parking exists or is
3    feasible, each parking space shall be marked and signed
4    for common use by residents. A resident shall use an
5    electric vehicle parking space only when the resident is
6    charging the electric vehicle.
7    (b) The following requirements and timelines shall apply
8for affordable housing. A new construction single-family
9residence or small multi-family residence that qualifies as an
10affordable housing development under the same project
11ownership and is located on a campus with centralized parking
12areas is subject to the requirements and timelines below.
13    All building permits issued 24 months after the effective
14date of this Act shall require a new construction large
15multi-family residence that qualifies as an affordable housing
16development to have the following, unless additional
17requirements are required under a subsequently adopted
18building code:
19Total number
20of parking
21spacesMinimum number of EVSE-installed spacesMinimum number or percentage of EV-ready spacesMinimum percentage of EV-capable spaces
221-61 space100%--
237-231 space20%40%
2424+1 space5 spaces40%

 

 

 

HB3125 Engrossed- 8 -LRB102 14274 SPS 19626 b

1    Required EVSE-installed spaces and EV-ready spaces count
2toward meeting the required percentage of EV-capable spaces;
3for example, for lots with 20% EV-ready spaces, an additional
420% of spaces would need to be EV-capable.
5    The following shall apply for building permits issued 5
6years after the effective date of this Act, unless additional
7requirements are set forth in a subsequently adopted building
8code, for a new construction large multi-family residence that
9qualifies as an affordable housing development:
10Total number
11of parking
12spacesMinimum number of EVSE-installed spacesMinimum number or percentage of EV-ready spacesMinimum percentage of EV-capable spaces
131-61 space100%--
147-231 space20%50%
1524+1 space5 spaces50%
16    Required EVSE-installed spaces and EV-ready spaces count
17toward meeting the required percentage of EV-capable spaces;
18for example, for lots with 20% EV-ready spaces, an additional
1930% of spaces would need to be EV-capable.
20    The following shall apply for building permits issued 10
21years after the effective date of this Act, unless additional
22requirements are set forth in a subsequently adopted building
23code, for a new construction large multi-family residence that
24qualifies as an affordable housing development:

 

 

 

HB3125 Engrossed- 9 -LRB102 14274 SPS 19626 b

1Total number
2of parking
3spacesMinimum number of EVSE-installed spacesMinimum number or percentage of EV-ready spacesMinimum percentage of EV-capable spaces
41-61 space100%--
57-231 space20%70%
624+1 space5 spaces70%
7    Required EVSE-installed spaces and EV-ready spaces count
8toward meeting the required percentage of EV-capable spaces;
9for example, for lots with 20% EV-ready spaces, an additional
1050% of spaces would need to be EV-capable.
11    (c) An existing multi-unit residential building subject to
12an association that undertakes a capital maintenance, repair,
13replacement, or improvement project related to electrical
14power infrastructure, when such project constitutes renovated
15as defined in this Act, shall be required to upgrade or install
16electrical panel capacity for dedicated branch circuits
17sufficient to ensure that the residential building has the
18power capacity to become electric vehicle capable as it
19relates to the space requirements in subsection (a). When such
20capital improvements are undertaken, the required number of
21electric vehicle capable designated circuits may be reduced to
22reflect what is possible within the residential building using
23existing power capacities, including use of existing all
24electrical panels suitable for electric vehicle charging at

 

 

HB3125 Engrossed- 10 -LRB102 14274 SPS 19626 b

1208-volt or 240-volt AC plugs and any power transformation of
2existing power from higher voltages to voltages suitable for
3electric vehicle charging and the addition of associated new
4electrical panels suitable for electric vehicle charging.
5Under these circumstances the residential building is not
6required to increase the existing utility power supply into
7the building to meet the space requirements in subsection (a).
8    (d) A renovated large multi-family residential building
9that qualifies as an affordable housing development is subject
10to requirements in subparagraph (c) if more than 25% of
11parking spaces are substantially modified.
12    (e) An accessible parking space is not required by this
13Section if no accessible parking spaces are required by the
14local zoning code. For the first required accessible EV-ready
15or EVSE-installed parking space, the electric vehicle supply
16equipment infrastructure may be located so that the electric
17vehicle supply equipment will be located on an accessible
18route and may be shared by an accessible parking space and a
19parking space not required to be accessible. Otherwise, both
20an accessible parking space and a parking space not required
21to be accessible must be EV-ready or EVSE-installed. Residents
22authorized to use an accessible parking space shall not be
23required to charge an electric vehicle to utilize the parking
24space.
 
25    Section 30. Electric vehicle charging station policy for

 

 

HB3125 Engrossed- 11 -LRB102 14274 SPS 19626 b

1unit owners.
2    (a) Any covenant, restriction, or condition contained in
3any deed, contract, security interest, or other instrument
4affecting the transfer or sale of any interest in a
5condominium or common interest community, and any provision of
6a governing document that effectively prohibits or
7unreasonably restricts the installation or use of an electric
8vehicle charging station within a unit owner's unit or a
9designated parking space, including, but not limited to, a
10deeded parking space, a parking space in a unit owner's
11exclusive use common area, or a parking space that is
12specifically designated for use by a particular unit owner, or
13is in conflict with this Section, is void and unenforceable.
14    (b) This Section does not apply to provisions that impose
15a reasonable restriction on an electric vehicle charging
16station. Any electric vehicle charging station installed by a
17unit owner pursuant to this Section is the property of that
18unit owner and in no case will be deemed a part of the common
19elements or common area.
20    (c) An electric vehicle charging station shall meet
21applicable health and safety standards and requirements
22imposed by State and local authorities and all other
23applicable zoning, land use, or other ordinances or land use
24permits.
25    (d) If approval is required for the installation or use of
26an electric vehicle charging station, the association shall

 

 

HB3125 Engrossed- 12 -LRB102 14274 SPS 19626 b

1process and approve the application in the same manner as an
2application for approval of an alteration, modification, or
3improvement to common elements or common areas or an
4architectural modification to the property, and the
5association shall not unreasonably delay the approval or
6denial of the application. The approval or denial of an
7application shall be in writing. If an application is not
8denied in writing within 60 days from the date of the receipt
9of the application, the application shall be deemed approved
10unless the delay is the result of a reasonable request for
11additional information.
12    (e) If the electric vehicle charging station is to be
13placed in a common area or exclusive use common area, as
14designated by the condominium or common interest community
15association, the following applies:
16        (1) The unit owner shall first obtain prior written
17    approval from the association to install the electric
18    vehicle charging station and the association shall approve
19    the installation if the unit owner agrees, in writing, to:
20            (A) comply with the association's architectural
21        standards or other reasonable conditions and
22        restrictions for the installation of the electric
23        vehicle charging station;
24            (B) engage a licensed and insured electrical
25        contractor to install the electric vehicle charging
26        station. The electrical contractor shall name the

 

 

HB3125 Engrossed- 13 -LRB102 14274 SPS 19626 b

1        association, its officers, directors, and agents as
2        additional insured and shall provide a certificate of
3        insurance to the association evidencing such
4        additional insured status;
5            (C) within 14 days after approval, provide a
6        certificate of insurance that names the association,
7        its officers, directors, and agents as an additional
8        insured party under the unit owner's insurance policy
9        as required under paragraph (3);
10            (D) pay for both the costs associated with the
11        installation of and the electricity usage associated
12        with the electric vehicle charging station; and
13            (E) be responsible for damage to the common
14        elements or common areas or other units resulting from
15        the installation, use, and removal of the electric
16        vehicle charging station.
17        (2) The unit owner, and each successive unit owner of
18    the electric vehicle charging station, is responsible for:
19            (A) costs for damage to the electric vehicle
20        charging station, common area, exclusive use common
21        area, or separate interests resulting from the
22        installation, maintenance, repair, removal, or
23        replacement of the electric vehicle charging station;
24            (B) costs for the maintenance, repair, and
25        replacement of the electric vehicle charging station
26        until it has been removed, and for the restoration of

 

 

HB3125 Engrossed- 14 -LRB102 14274 SPS 19626 b

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

 

 

HB3125 Engrossed- 15 -LRB102 14274 SPS 19626 b

1    owner, shall provide the association with the certificate
2    of insurance annually thereafter.
3        (5) A unit owner is not required to maintain a
4    homeowner liability coverage policy for an existing
5    National Electrical Manufacturers Association standard
6    alternating current power plug.
7    (f) Except as provided in subsection (g), the installation
8of an electric vehicle charging station for the exclusive use
9of a unit owner in a common area that is not an exclusive use
10common area may be authorized by the association, subject to
11applicable law, only if installation in the unit owner's
12designated parking space is impossible or unreasonably
13expensive. In such an event, the association shall enter into
14a license agreement with the unit owner for the use of the
15space in a common area, and the unit owner shall comply with
16all of the requirements in subsection (e).
17    (g) An association may install an electric vehicle
18charging station in the common area for the use of all unit
19owners and members of the association. The association shall
20develop appropriate terms of use for the electric vehicle
21charging station.
22    (h) An association that willfully violates this Section
23shall be liable to the unit owner for actual damages and shall
24pay a civil penalty to the unit owner not to exceed $1,000.
25    (i) In any action by a unit owner requesting to have an
26electric vehicle charging station installed and seeking to

 

 

HB3125 Engrossed- 16 -LRB102 14274 SPS 19626 b

1enforce compliance with this Section, the court shall award
2reasonable attorney's fees to a prevailing plaintiff.
 
3    Section 35. Electric vehicle charging system policy for
4renters.
5    (a) Notwithstanding any provision in the lease to the
6contrary and subject to subsection (b):
7        (1) a tenant may install, at the tenant's expense for
8    the tenant's own use, a level 1 or level 2 electric vehicle
9    charging system on or in the leased premises;
10        (2) a landlord shall not assess or charge a tenant any
11    fee for the placement or use of an electric vehicle
12    charging system, except that:
13            (A) the landlord may:
14                (i) require reimbursement for the actual cost
15            of electricity provided by the landlord that was
16            used by the electric vehicle charging system; or
17                (ii) charge a reasonable fee for access. If
18            the electric vehicle charging system is part of a
19            network for which a network fee is charged, the
20            landlord's reimbursement may include the amount of
21            the network fee. Nothing in this subparagraph
22            requires a landlord to impose upon a tenant a fee
23            or charge other than the rental payments specified
24            in the lease;
25            (B) the landlord may require reimbursement for the

 

 

HB3125 Engrossed- 17 -LRB102 14274 SPS 19626 b

1        cost of the installation of the electric vehicle
2        charging system, including any additions or upgrades
3        to existing wiring directly attributable to the
4        requirements of the electric vehicle charging system,
5        if the landlord places or causes the electric vehicle
6        charging system to be placed at the request of the
7        tenant; and
8            (C) if the tenant desires to place an electric
9        vehicle charging system in an area accessible to other
10        tenants, the landlord may assess or charge the tenant
11        a reasonable fee to reserve a specific parking space
12        in which to install the electric vehicle charging
13        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
20    after 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

 

 

HB3125 Engrossed- 18 -LRB102 14274 SPS 19626 b

1    compliance with all applicable requirements adopted by a
2    landlord under subsection (b); and
3        (2) the tenant agrees, in writing, to:
4            (A) comply with the landlord's design
5        specifications for the installation of an electric
6        vehicle charging system;
7            (B) 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            (C) 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

 

 

HB3125 Engrossed- 19 -LRB102 14274 SPS 19626 b

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            (A) Costs under this paragraph shall be based on:
13                (i) an inexpensive submetering device; or
14                (ii) a reasonable calculation of cost, based
15            on 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            (B) 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
24    the area where the electric vehicle charging system is
25    installed shall assume responsibility for the repair,
26    maintenance, removal, and replacement of the electric

 

 

HB3125 Engrossed- 20 -LRB102 14274 SPS 19626 b

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
6    and maintain an insurance policy covering the obligations
7    of 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
20this subsection requires the landlord or another tenant to
21purchase the 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

 

 

HB3125 Engrossed- 21 -LRB102 14274 SPS 19626 b

1enforce compliance with this Section, the court shall award
2reasonable attorney's fees to a prevailing plaintiff.
3    (h) A tenant whose landlord is an owner in an association
4and who desires to install an electric vehicle charging
5station must obtain approval to do so through the tenant's
6landlord or owner and in accordance with those provisions of
7this Act applicable to associations.