SB0039enr 104TH GENERAL ASSEMBLY

SB0039 Enrolled LRB104 03697 KTG 13721 b

AN ACT concerning property.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Electric Vehicle Charging Act is amended by changing Section 10 as follows:

(765 ILCS 1085/10)

Sec. 10. Applicability.

(a) For the purposes of Sections 20 and 25, this Act applies to newly constructed single-family homes and multifamily residential buildings that have parking spaces and are constructed after the effective date of this Act.

(b) For the purposes of Sections 30 and 35, this Act applies to unit owners, tenants, landlords, and associations of both newly constructed and existing single-family homes and multifamily residential buildings that have parking spaces.

(c) The provisions of this Act do not apply to any tiny home constructed for veterans who are homeless or at risk of homelessness and in need of secure, long-term affordable housing, if that tiny home is constructed by a nonprofit organization described in Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code of 1986 that exclusively funds and administers projects and services for veterans. Every county and municipality that has the power to issue building permits and otherwise control the construction of buildings shall require by ordinance that an applicant seeking a building permit to construct tiny homes for at-risk veterans must include with the permit application a completed and signed affidavit stating that all buildings constructed under the permit are designated for the exclusive use of qualifying veterans who are homeless or at risk of homelessness and in need of secure, long-term affordable housing. No county or municipality, including a home rule unit, shall adopt any building code or ordinance that requires EV-capable parking spaces for tiny homes constructed for the purpose of providing affordable housing for at-risk veterans as provided in this subsection. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

As used in this subsection:

"Tiny home" means an individual, detached residential dwelling unit of no more than 800 square feet, occupying a lot either by itself or sharing a common lot with other tiny homes. "Tiny home" does not include a manufactured home as defined in the Mobile Home Landlord and Tenant Rights Act. "Tiny home" does not include a single unit in a small multifamily residence or a large multifamily residence.

"Veteran" means a person who served in and who has received an honorable or general discharge from, the United States Army, Navy, Air Force, Space Force, Marines, Coast Guard, or reserves thereof, or who served in the Army National Guard, Air National Guard, or Illinois National Guard.

(Source: P.A. 103-53, eff. 1-1-24; 103-572, eff. 1-1-24.)

Section 99. Effective date. This Act takes effect upon becoming law.