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




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Robyn Gabel


New Act
20 ILCS 627/30 new
20 ILCS 627/35 new
20 ILCS 627/40 new
220 ILCS 5/16-107.8 new

    Creates the Electric Vehicle Charging Act, which may be referred to as the Beneficial Electrification Act. Sets forth requirements for parking spaces that are electrical vehicle ready applicable to new or renovated residential or nonresidential buildings. Sets forth provisions concerning electric vehicle charging station policies for unit owners and renters. Amends the Electric Vehicle Act. Creates the Electric Vehicle Access for All Program to maximize opportunities for carbon-free transportation across the State, particularly targeting environmental justice and low-income communities and to provide grants to pilot programs with the purpose of bridging public transportation gaps between residences and employment locations. Sets forth provisions concerning administrative review and authorized expenditure of State-controlled funds to accelerate electric vehicle adoption. Amends the Public Utilities Act. Provides that no later than May 31, 2022, electric utilities serving greater than 500,000 customers in the State shall file a Beneficial Electrification Plan with the Illinois Commerce Commission. Provides for review of the plans by the Commission and establishes a system for utilities to consider specified businesses, nonprofit organizations, or worker-owned cooperatives when awarding bids. Effective immediately.

LRB102 14274 SPS 19626 b






HB3125LRB102 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; references to Act.
5    (a) Short title. This Act may be cited as the Electric
6Vehicle Charging Act.
7    (b) References to Act. This Act may be referred to as the
8Beneficial Electrification Act.
9    Section 5. Findings. The General Assembly finds that:
10    (a) The growing clean energy economy in Illinois can be a
11vehicle for expanding equitable access to public health,
12safety, a cleaner environment, quality jobs, economic
13opportunity, and wealth-building, particularly in economically
14disadvantaged communities and communities of black,
15indigenous, and people of color that have had to bear the
16disproportionate burden of dirty fossil fuel pollution.
17    (b) The transportation sector is now the leading source of
18carbon pollution in Illinois, responsible for roughly
19one-third of all carbon emissions. The State of Illinois
20should set forth an ambitious goal to remove the equivalent of
21more than 1,000,000 gasoline and diesel-powered vehicles from
22our roads by quickly implementing new policies that expand
23access to transit, promote walking and biking mobility, and



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1increase electric vehicle adoption. If managed appropriately,
2electric vehicle adoption will drastically reduce emissions
3from transportation, and could save Illinois residents
4billions of dollars.
5    (c) In addition to better air quality and a safer climate,
6Illinois residents who do not use electric vehicles also
7benefit from greater adoption through lower electric bills
8resulting from the greater use of the electric grid during
9off-peak hours.
10    (d) The State of Illinois should set forth an ambitious
11goal to transition all vehicle fleets operated by or on behalf
12of public agencies to full electric power. The transition to
13zero-emission fleets should be leveraged to promote increased
14investment in domestic manufacturing capacity within the
15emerging electric vehicle industry. The resulting new,
16high-skilled production jobs can also provide pathways into
17the middle class for racially, economically, and
18geographically marginalized communities. When procuring
19electric vehicles, public agencies shall use high-road
20economic development standards, like the U.S. Employment Plan.
21By using the U.S. Employment Plan or a Local Employment Plan,
22public agencies will incentivize electric vehicle companies to
23create and retain high-skilled manufacturing jobs with living
24wages and benefits; invest in domestic manufacturing
25facilities; and propose plans to recruit, train, and hire
26workers who face structural barriers to family-sustaining jobs



HB3125- 3 -LRB102 14274 SPS 19626 b

1and career pathways.
2    Section 10. Legislative intent. Electric vehicles are an
3important tool to fight the climate crisis, tackle air
4pollution, and provide safe, clean, and affordable personal
5transportation. The State should encourage urgent and
6widespread adoption of electric vehicles. Since most current
7electric vehicle owners are single-family homeowners who
8charge at home, providing access to home charging for those in
9multi-unit dwellings is crucial to wider electric vehicle
10adoption. This includes condominium unit owners and renters,
11regardless of parking space ownership and regardless of
12income. Therefore, a significant portion of parking spaces in
13new and renovated residential and commercial developments must
14be capable of electric vehicle charging. Additionally, renters
15and condominium unit owners must be able to install charging
16equipment for their cars under reasonable conditions.
17    Section 15. Applicability. This Act applies to new or
18renovated residential or nonresidential buildings that have
19parking spaces and are constructed or renovated after the
20effective date of this Act.
21    Section 20. Definitions. As used in this Act:
22    "Association" has the meaning set forth in subsection (o)
23of Section 2 of the Condominium Property Act or Section 1-5 of



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1the Common Interest Community Association Act, as applicable.
2    "Electric vehicle" means a vehicle that is powered by an
3electric motor, runs on a rechargeable battery, and must be
4plugged in to charge or charged wirelessly.
5    "Electric vehicle capable" means having an installed
6electrical panel capacity with a dedicated branch circuit and
7a continuous raceway from the panel to the future electric
8vehicle parking space.
9    "Electric vehicle station" means a station that is
10designed in compliance with the relevant building code and
11delivers electricity from a source outside an electric vehicle
12into one or more electric vehicles.
13    "Electric vehicle system" includes several charging points
14simultaneously connecting several electric vehicles to the
15electric vehicle charging station and any related equipment
16needed to facilitate charging an electric vehicle. "Electric
17vehicle charging system" means a device that is:
18        (1) used to provide electricity to an electric
19    vehicle;
20        (2) designed to ensure that a safe connection has been
21    made between the electric grid and the electric vehicle;
22    and
23        (3) able to communicate with the vehicle's control
24    system so that electricity flows at an appropriate voltage
25    and current level. An electric vehicle charging system may
26    be wall mounted or pedestal style, may provide multiple



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1    cords to connect with electric vehicles, and shall:
2            (i) be certified by underwriters laboratories or
3        have been granted an equivalent certification; and
4            (ii) comply with the current version of Article
5        625 of the National Electrical Code.
6    "Electric vehicle supply equipment" means a conductor,
7including an ungrounded, grounded, and equipment grounding
8conductor, and electric vehicle connectors, attachment plugs,
9and all other fittings, devices, power outlets, and
10apparatuses installed specifically for the purpose of
11transferring energy between the premises wirings and the
12electric vehicle.
13    "Electric vehicle ready" means a parking space that is
14designed and constructed to include a fully-wired circuit with
15a 208-volt to 250-volt, rated no more than 50-ampere electric
16vehicle charging receptacle outlet or termination point,
17including the conduit, wiring, and electrical service capacity
18necessary to serve that receptacle, to allow for future
19electric vehicle supply equipment.
20    "Level 1" means a charging system that provides charging
21through a 120-volt AC plug with a cord connector that meets the
22SAE International J2954 standard or successor standard.
23    "Level 2" means a charging system that provides charging
24through a 208-volt to 240-volt AC plug with a cord connector
25that meets the SAE International J2954 standard or a successor



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1    "New" means any newly constructed building and associated
2newly constructed parking facility.
3    "Reasonable restriction" means a restriction that does not
4significantly increase the cost of the electric vehicle
5charging station or electric vehicle charging system or
6significantly decrease its efficiency or specified
8    "Renovated" means altered or added where electrical
9service capacity is increased.
10    Section 25. Residential requirements. A new or renovated
11residential building shall have:
12        (1) 100% of its total parking spaces electric vehicle
13    ready, if there are one to 6 parking spaces;
14        (2) 100% of its total parking spaces electric vehicle
15    capable, of which at least 20% shall be electric vehicle
16    ready, if there are 6 to 23 parking spaces; or
17        (3) 100% of its total parking spaces electric vehicle
18    capable, if there are 24 or more parking spaces, of which
19    at least 5 spots shall be EV Ready. Additionally, if there
20    are 24 or more parking spaces, a new or renovated
21    residential building shall provide at least one parking
22    space with electric vehicle supply equipment installed,
23    and for each additional parking space with electric
24    vehicle supply equipment installed, the electric vehicle
25    ready requirement is decreased by 2%.



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1    Where additional parking exists or is feasible, each
2parking space shall be marked and signed for common use by
3residents. A resident shall use an electric vehicle parking
4space only when he or she is charging his or her electric
6    Section 30. Nonresidential requirements. A new or
7renovated nonresidential building shall have 20% of its total
8parking spaces electric vehicle ready.
9    Section 35. Electric vehicle charging station policy for
10unit owners.
11    (a) Any covenant, restriction, or condition contained in
12any deed, contract, security interest, or other instrument
13affecting the transfer or sale of any interest in a
14condominium or common interest community, and any provision of
15a governing document that effectively prohibits or
16unreasonably restricts the installation or use of an electric
17vehicle charging station within a unit owner's unit or a
18designated parking space, including, but not limited to, a
19deeded parking space, a parking space in a unit owner's
20exclusive use common area, or a parking space that is
21specifically designated for use by a particular unit owner, or
22is in conflict with this Section, is void and unenforceable.
23    (b) This Section does not apply to provisions that impose
24a reasonable restriction on an electric vehicle charging



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1station. However, it is the policy of this State to promote,
2encourage, and remove obstacles to the use of an electric
3vehicle charging station.
4    (c) An electric vehicle charging station shall meet
5applicable health and safety standards and requirements
6imposed by State and local authorities, and all other
7applicable zoning, land use, or other ordinances or land use
9    (d) If approval is required for the installation or use of
10an electric vehicle charging station, the association shall
11process and approve the application in the same manner as an
12application for approval of an architectural modification to
13the property, and the association shall not willfully avoid or
14delay the adjudication of the application. The approval or
15denial of an application shall be in writing. If an
16application is not denied in writing within 60 days from the
17date of the receipt of the application, the application shall
18be deemed approved unless the delay is the result of a
19reasonable request for additional information.
20    (e) If the electric vehicle charging station is to be
21placed in a common area or exclusive use common area, as
22designated by the condominium or common interest community
23association, the following applies:
24        (1) The unit owner shall first obtain approval from
25    the association to install the electric vehicle charging
26    station and the association shall approve the installation



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



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



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1    homeowner liability coverage policy for an existing
2    National Electrical Manufacturers Association standard
3    alternating current power plug.
4    (f) Except as provided in subsection (g), the installation
5of an electric vehicle charging station for the exclusive use
6of a unit owner in a common area that is not an exclusive use
7common area shall be authorized by the association only if
8installation in the unit owner's designated parking space is
9impossible or unreasonably expensive. In such an event, the
10association shall enter into a license agreement with the unit
11owner for the use of the space in a common area, and the unit
12owner shall comply with all of the requirements in subsection
14    (g) An association may install an electric vehicle
15charging station in the common area for the use of all unit
16owners and members of the association. The association shall
17develop appropriate terms of use for the electric vehicle
18charging station.
19    (h) An association may create a new parking space where
20one did not previously exist to facilitate the installation of
21an electric vehicle charging station.
22    (i) 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    (j) In any action by a unit owner requesting to have an
26electric vehicle charging station 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.
3    Section 40. Electric vehicle charging system policy for
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            (i) The landlord may:
14                (A) 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                (B) charge a reasonable fee for access. If the
18            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            (ii) The landlord may require reimbursement for



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1        the 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.
8            (iii) 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



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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
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- 16 -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- 17 -LRB102 14274 SPS 19626 b

1enforce compliance with this Section, the court shall award
2reasonable attorney's fees to a prevailing plaintiff.
3    Section 45. The Electric Vehicle Act is amended by adding
4Sections 30, 35, and 40 as follows:
5    (20 ILCS 627/30 new)
6    Sec. 30. Electric Vehicle Access for All Program.
7    (a) Purpose. The General Assembly finds that it is
8necessary to provide access to electric vehicles to residents
9in communities for individuals whom car ownership is not an
10option, affordable, or a preference, particularly for
11environmental justice communities and low-income communities.
12    (b) Definitions. As used in this Section:
13    "Department" means the Department of Commerce and Economic
15    "Environmental justice communities" means the definition
16of that term based on existing methodologies and findings,
17used and as may be updated by the Illinois Power Agency and its
18program administrator in the Illinois Solar for All Program.
19    "Low-income" means persons and families whose income does
20not exceed 80% of area median income, adjusted for family size
21and revised every 2 years.
22    (c) Within 120 days after the effective date of this
23amendatory Act of the 102nd General Assembly, and for a period
24of not less than 36 months thereafter, the Department of



HB3125- 18 -LRB102 14274 SPS 19626 b

1Commerce and Economic Opportunity shall establish and
2implement an Electric Vehicle Access for All Program designed
3to maximize opportunities for carbon-free transportation
4across the State, particularly targeting environmental justice
5and low-income communities, which shall include the following
7        (1) Car Sharing Program. The Department of Commerce
8    and Economic Opportunity shall develop and implement an
9    Electric Vehicle Car Sharing Program that provides
10    residents with opportunities to use electric vehicles
11    owned by third parties for occasional commutes,
12    employment, or other needs.
13        (2) Carbon-Free Last Mile of Commutes Program. The
14    Department shall develop a Program to address the "last
15    mile" of commutes, enabling a larger number of residents
16    to access public transportation, and reduce the pollution
17    impact of the entire commute.
18        (3) Community Energy, Climate, and Jobs Plans. The
19    Department shall dedicate a portion of funding for local
20    governments' eligible Community Energy, Climate, and Jobs
21    Plans that include Electric Vehicle Access for All Program
22    initiatives. To the extent possible, the Department shall
23    coordinate the Electric Vehicle Access for All Program
24    with the other programs established in this Act.
25        (4) Low-income rebate program. A rebate of up to
26    $4,000 at time of purchase shall be made available to



HB3125- 19 -LRB102 14274 SPS 19626 b

1    low-income residents of Illinois.
2            (i) Such rebates are only available for new
3        passenger battery electric vehicles at a prerebate
4        cost of $45,000 or less or for used battery electric
5        vehicles at a prerebate cost of $35,000 or less. This
6        cost cut off is exclusive of any electric
7        vehicle-specific rebates offered by any level of
8        government; if the cost of the electric vehicle would
9        be higher than the cut off-points mentioned above
10        without any electric vehicle-specific rebates, then
11        the vehicle is not eligible for rebates.
12            (ii) This low-income rebate may be combined with
13        other rebates for eligible vehicles and drivers. The
14        funds for this program shall be derived from 50% of the
15        Electric Vehicle Access for All Program funds, up to
16        $5,250,000 per year. The rebate may only be applied
17        one time per Vehicle Identification Number. The rebate
18        may only be used once per person in any 5-year period.
19        To be eligible for the low-income rebate, a purchaser
20        must be a resident of Illinois and provide proof of
21        residence at the time of purchase. The State shall
22        direct rebate recipients to local electric utilities
23        where additional charging equipment rebates may be
24        available.
25    (c) The Electric Vehicle Access for All Program and its
26initiatives shall be designed to maximize opportunities for



HB3125- 20 -LRB102 14274 SPS 19626 b

1carbon-free transportation across the State, particularly
2targeting environmental justice and low-income communities,
3and to provide grants to pilot programs with the purpose of
4bridging public transportation gaps between residences and
5employment locations. Eligible programs may include electric
6shuttles, electric and nonelectric bicycle and scooter
7sharing, electric vehicle sharing, and other carbon-free
8alternatives. The Department of Commerce and Economic
9Opportunity shall hire or select, through a competitive
10bidding program, a program administrator to oversee and
11administer the Program.
12    (d) In conducting the Program, the Department of Commerce
13and Economic Opportunity shall partner with appropriate
14transit agencies, employers, community organizations, local
15governments, and other transportation services to increase the
16number of employment, healthcare, civic, education, or
17recreation locations reachable, in coordination with public
18transit, with the addition of Electric Vehicle Access for All
19Program initiatives and investments. The Department of
20Commerce and Economic Opportunity shall additionally partner
21with local governments engaging in Community Energy, Climate,
22and Job Planning, as described in the Community Energy,
23Climate, and Jobs Planning Act, to implement programs
24efficiently with needs identified in Community Energy,
25Climate, and Jobs Plans.
26    (e) Projects, programs, or other initiatives funded



HB3125- 21 -LRB102 14274 SPS 19626 b

1through this Program must participate in time-of-use rates,
2hourly pricing electric rates, charging plans or rates that
3encourage off-peak charging, optimized charging programs,
4demand response, or similar programs as part of a beneficial
5electrification program, as provided under Section 16-107.8 of
6the Public Utilities Act, to the extent practicable, to
7minimize the impact to the electric grid of new electric
8vehicle charging infrastructure and to use electricity at
9times when renewable energy generation is highest.
10    (f) The Department of Commerce and Economic Opportunity
11shall design the Program within the budget described under
12Section 16-107.8 of the Public Utilities Act and invoice the
13electric utilities specified in Section 16-107.8 of the Public
14Utilities Act for the costs incurred in the execution of the
16    (g) The Department of Commerce and Economic Opportunity
17shall report to the Governor and the General Assembly
18regarding the effectiveness of the Program no later than
19October 1, 2023.
20    (20 ILCS 627/35 new)
21    Sec. 35. Administrative review. All final administrative
22decisions, including, but not limited to, funding allocation
23and rules issued by the Department under this Act are subject
24to judicial review under the Administrative Review Law. No
25action may be commenced under this Section prior to 60 days



HB3125- 22 -LRB102 14274 SPS 19626 b

1after the complainant has given notice in writing of the
2action to the Department.
3    (20 ILCS 627/40 new)
4    Sec. 40. Authorized expenditure of State-controlled funds
5to accelerate electric vehicle adoption.
6    (a) Within 120 days after the effective date of this
7amendatory Act of the 102nd General Assembly, the
8Environmental Protection Agency must initiate a comprehensive
9stakeholder process to solicit input on the development of an
10updated plan for expenditure of the remaining Volkswagen
11Settlement Environment Mitigation Fund and for the use of the
12$70,000,000 funds from Article 8, Section 25 of Public Act
13101-29. At a minimum, the stakeholder process shall include
14representatives from community-based organizations in
15environmental justice communities, community-based
16organizations serving economically disadvantaged persons and
17families, and community-based organizations focused on
18transportation equality and access. These stakeholders shall
19be representative of the entire State and located throughout
20the State. The Environmental Protection Agency shall provide
21administrative support for the stakeholder process and all
22meetings shall be accessible with rotating locations, call-in
23options, and materials and agendas circulated well in advance,
24and there shall be opportunities for input outside of meetings
25from those with limited capacity and ability to attend via



HB3125- 23 -LRB102 14274 SPS 19626 b

1one-on-one meetings, surveys, and calls subject to compliance
2with the Open Meetings Act. The plan should prioritize the
3purchase of electric vehicles and equipment, including public
4transit, school buses, and other public fleet vehicles and
5spending should be prioritized toward economically
6disadvantaged communities and environmental justice
8    (b) Within 9 months after the effective date of this
9amendatory Act of the 102nd General Assembly, the
10Environmental Protection Agency must publish a comprehensive
11plan for both the use of the Volkswagen Settlement Environment
12Mitigation Fund and for the $70,000,000 funds from Article 8,
13Section 25 of Public Act 101-29, as amended, reappropriated
14from the Build Illinois Bond Fund to the Environmental
15Protection Agency for grants for transportation
16electrification infrastructure projects; including, but not
17limited to grants for the purpose of encouraging electric
18vehicle charging infrastructure, prioritizing investments in
19medium and heavy-duty charging, and electrifying public
20transit, school bus transit, and vehicles operated by or on
21behalf of public agencies. Those Volkswagen and capital funds
22which are allocated to charging infrastructure must be spent
23within 3 years of passage and at least 25% of those funds must
24be spent per year until the funds are depleted.
25    (c) The Environmental Protection Agency shall issue
26reports, to be posted on its public website and sent to the



HB3125- 24 -LRB102 14274 SPS 19626 b

1Illinois Commerce Commission, summarizing all funds granted
2and investments made using funds from the Volkswagen
3Settlement Environmental Mitigation Fund, and all grants or
4investments currently planned to be made from said fund but
5not yet disbursed, at a minimum of the following 2 times:
6        (1) no later than 2 weeks prior to the first meeting of
7    the Plan Development Stakeholder Process initiated by the
8    Illinois Commerce Commission; and
9        (3) when the Fund has been fully spent, or when less
10    than $1,000,000 remains in the fund for a period of more
11    than 6 months.
12    Section 90-10. The Public Utilities Act is amended by
13adding Section 16-107.8 as follows:
14    (220 ILCS 5/16-107.8 new)
15    Sec. 16-107.8. Beneficial electrification.
16    (a) It is the intent of the General Assembly to decrease
17reliance on fossil fuels, reduce pollution from the
18transportation sector, increase access to electrification for
19all consumers, and ensure that electric vehicle adoption and
20increased electricity usage and demand do not place
21significant additional burdens on the electric system and
22create benefits for Illinois residents.
23    (b) As used in this Section:
24    "Beneficial electrification programs" means programs that



HB3125- 25 -LRB102 14274 SPS 19626 b

1lower carbon dioxide emissions, replace fossil fuel use,
2create cost savings, improve electric grid operations, reduce
3increases to peak demand, improve electric usage load shape,
4and align electric usage with times of renewable generation.
5All beneficial electrification programs shall provide for
6incentives such that customers are induced to use electricity
7at times of low overall system usage or at times when
8generation from renewable energy sources is high. "Beneficial
9electrification programs" include a portfolio of the
11        (1) time-of-use electric rates;
12        (2) hourly pricing electric rates;
13        (3) charging plans or rates set by electric vehicle
14    service providers that encourage off-peak charging;
15        (4) optimized charging programs or programs that
16    encourage charging at times beneficial to the electric
17    grid;
18        (5) demand-response programs specifically related to
19    electrification efforts;
20        (6) incentives for electrification and associated
21    infrastructure tied to using electricity at beneficial
22    times;
23        (7) incentives for electrification and associated
24    infrastructure targeted to medium-duty and heavy-duty
25    vehicles used by transit agencies;
26        (8) incentives for electrification and associated



HB3125- 26 -LRB102 14274 SPS 19626 b

1    infrastructure targeted to school buses;
2        (9) incentives for electrification and associated
3    infrastructure for medium-duty and heavy-duty government
4    and private fleet vehicles;
5        (10) low-income programs that provide access to
6    electric vehicles for communities where car ownership or
7    new car ownership is not common;
8        (11) incentives for electrification in low-income and
9    environmental justice communities;
10        (12) incentives or programs to enable quicker adoption
11    of electric vehicles by developing public charging
12    stations in dense areas, workplaces, and in low-income
13    communities;
14        (13) incentives or programs to develop electric
15    vehicles infrastructure to ensure electric vehicles can
16    travel statewide, filling the gaps in deployment,
17    particularly in rural areas or along highway corridors;
18        (14) incentives or planning to encourage the
19    development in close proximity of electrification and
20    renewable energy generation to reduce grid impacts; and
21        (15) other such programs as defined by the Commission.
22    "Disadvantaged participant contractor" has the meaning set
23forth in Clean Jobs, Workforce and Contractor Equity Act.
24    "Environmental justice communities" means the definition
25of that term based on existing methodologies and findings,
26used and as may be updated by the Illinois Power Agency and its



HB3125- 27 -LRB102 14274 SPS 19626 b

1program administrator in the Illinois Solar for All Program.
2    "Labor peace agreement" means an agreement between an
3entity and any labor organization recognized under the
4National Labor Relations Act, referred to in this Act as a bona
5fide labor organization, that may prohibit labor organizations
6and members from engaging in picketing, work stoppages,
7boycotts, and any other economic interference with the entity.
8This agreement means that the entity has agreed not to disrupt
9efforts by the bona fide labor organization to communicate
10with, and attempt to organize and represent, the entity's
11employees. The agreement shall provide a bona fide labor
12organization access at reasonable times to areas in which the
13entity's employees work, for the purpose of meeting with
14employees to discuss their right to representation, employment
15rights under State law, and terms and conditions of
16employment. This type of agreement shall not mandate a
17particular method of election or certification of the bona
18fide labor organization.
19    "Low-income" means persons and families whose income does
20not exceed 80% of area median income, adjusted for family size
21and revised every 2 years.
22    "Optimized charging programs" mean programs whereby owners
23of electric vehicles can set their vehicles to be charged
24based on the electric system's current demand, retail or
25wholesale market rates, incentives, the carbon or other
26pollution intensity of the electric generation mix, the



HB3125- 28 -LRB102 14274 SPS 19626 b

1provision of grid services, efficient use of the electric
2grid, or the availability of clean energy generation.
3Optimized charging programs may be operated by utilities as
4well as third parties.
5    "BIPOC" and "black, indigenous, and people of color" are
6identical in meaning and have the same definition as used in
7the Clean Jobs, Workforce and Contractor Equity Act.
8    (c) No later than November 30, 2021, electric utilities
9serving greater than 500,000 customers in the State shall
10initiate a stakeholder workshop process to solicit input on
11the design of beneficial electrification programs that the
12utility shall offer. The stakeholder workshop process shall
13take into consideration the benefits of electric vehicle
14adoption and barriers to adoption, including:
15        (1) the benefit of lower bills for customers who do
16    not charge electric vehicles;
17        (2) benefits from electric vehicle usage of the
18    distribution system;
19        (3) the avoidance and reduction in capacity costs from
20    optimized charging and off-peak charging;
21        (4) energy price and cost reductions; and
22        (5) environmental benefits, including greenhouse gas
23    emission and other pollution reductions.
24        (6) current barriers to mass-market adoption,
25    including cost of ownership and availability of charging
26    stations;



HB3125- 29 -LRB102 14274 SPS 19626 b

1        (7) benefits of and incentives for medium-duty and
2    heavy-duty fleet vehicle electrification;
3        (8) opportunities for environmental justice and
4    low-income communities to benefit from electrification.
5    The workshops should consider barriers, incentives,
6    enabling rate structures, and other opportunities for the
7    bill reduction and environmental benefits described in
8    this subsection.
9    Stakeholders and the electric utilities shall propose
10discrete beneficial electrification programs and shall provide
11estimates of the costs and benefits of those programs in the
12workshops. The process shall be open and transparent with
13inclusion of stakeholder interests, including stakeholders
14representing environmental justice and low-income communities.
15    (d) No later than May 31, 2022, electric utilities serving
16greater than 500,000 customers in the State shall file a
17Beneficial Electrification Plan with the Illinois Commerce
18Commission for programs that start no later than January 1,
192023. The Beneficial Electrification Plan shall specifically
20address, at a minimum, the following:
21        (1) the development and implementation of time-of-use
22    rates and their benefit for electric vehicle users and for
23    all customers;
24        (2) the development of optimized charging programs to
25    achieve savings identified, and new contracts and
26    compensation for services in those programs, through



HB3125- 30 -LRB102 14274 SPS 19626 b

1    signals that allow electric vehicle charging to respond to
2    local system conditions, manage critical peak periods,
3    serve as a demand response or peak resource, and maximize
4    renewable energy use and integration into the grid;
5        (3) plans to address environmental justice interests
6    and the provision of opportunities for residents and
7    businesses in environmental justice communities to
8    directly benefit from transportation electrification;
9        (4) financial and other challenges to electric vehicle
10    usage in low-income communities, and strategies for
11    overcoming those challenges, particularly in communities
12    and for people for whom car ownership is not an option;
13        (5) plans to increase access to Level 3 Public
14    Electric Vehicle Charging Infrastructure located along
15    transportation corridors to serve vehicles that need
16    quicker charging times and vehicles of persons who have no
17    other access to charging infrastructure, regardless of
18    whether those projects participate in optimized charging
19    programs;
20        (6) opportunities for coordination and cohesion with
21    electric vehicle and electric vehicle charging equipment
22    incentives established by any agency, department, board,
23    or commission of the State of Illinois, any other unit of
24    government in the State, any national programs, or any
25    unit of the federal government;
26        (7) ideas for the development of online tools,



HB3125- 31 -LRB102 14274 SPS 19626 b

1    applications, and data sharing that provide essential
2    information to those charging electric vehicles, and
3    enable an automated charging response to price signals,
4    emission signals, real-time renewable generation
5    production, and other Commission-approved or
6    customer-desired indicators of beneficial charging times;
7    and
8        (8) an outline of proposed customer education
9    measures, including a shadow billing option to allow
10    customers to compare current and historical monthly bills
11    under different rate plans, cost calculators to compare
12    electric vehicles costs with internal combustion engine
13    vehicle costs, the use of utility communications for
14    proactive customer engagement on electric vehicles, rate
15    and cost comparison information materials for car dealers
16    and their customers, and direct outreach to diverse
17    communities through community and other organizations.
18    (e) The initial Beneficial Electrification Plans submitted
19under subsection (d) shall include at least the following
21        (1) Electric Vehicle Access for All Program. Electric
22    utilities that serve more than 3,000,000 retail customers
23    in the State shall reimburse $7,500,000 per year, or 15%
24    of the total plan budget, to the Department of Commerce
25    and Economic Opportunity for programs developed under the
26    Electric Vehicle Access for All Program. Electric



HB3125- 32 -LRB102 14274 SPS 19626 b

1    utilities that serve less than 3,000,000 retail customers
2    but more than 500,000 retail customers in the State shall
3    reimburse $3,150,000, or 15% of the total plan budget, to
4    the Department of Commerce and Economic Opportunity for
5    programs developed under the Electric Vehicle for All
6    Program.
7        (2) Medium-Duty and Heavy-Duty Vehicle Charging
8    Programs. Electric utilities that serve more than
9    3,000,000 retail customers in the State must offer a
10    rebate program that averages $25,000,000 per year, or 50%
11    of the program budget, for the duration of the plan for
12    rebates to government entity retail customers to support
13    the electrification of public transit, as well as
14    government, commercial and school bus fleet vehicles.
15    Electric utilities that serve less than 3,000,000 retail
16    customers but more than 500,000 retail customers in the
17    State shall reimburse $10,500,000, or 50% of the program
18    budget, for the duration of the plan for rebates to
19    government entity retail customers to support the
20    electrification of public transit, as well as government,
21    commercial and school bus fleet vehicles. Rebates for
22    public transit agencies must be used toward the purchase
23    and installation of all-electric transit buses, the
24    purchase and installation of electric vehicle charging
25    infrastructure, or necessary supporting infrastructure, to
26    be used in transit routes that primarily serve low-income



HB3125- 33 -LRB102 14274 SPS 19626 b

1    communities or environmental justice communities. The
2    amount of the rebate should be designed to cover the
3    expected capital gap and needs of Illinois transit
4    agencies. Rebates for government, commercial, or other
5    retail customers to support the electrification of fleets
6    and school buses must be used toward the purchase and
7    installation of electric transit or school buses, electric
8    vehicle charging infrastructure, or necessary supporting
9    infrastructure, for vehicles that primarily serve or
10    travel through low-income communities or environmental
11    justice communities. Recipients of rebates under this
12    paragraph must participate in an optimized charging
13    program. Operations, whether private or public, that
14    primarily serve governmental or educational institutions,
15    shall be prioritized over commercial vehicle operations
16    that do not primarily serve a governmental or educational
17    institution.
18        (3) Mass-market program. All electric utilities
19    serving more than 500,000 customers may spend up to the
20    remaining plan budget each year on rebates that support
21    the widespread adoption and integration of electric
22    vehicles. Electric utilities serving more than 500,000
23    customers may offer a rebate program that offers retail
24    customers a rebate of up to $500 for the purchase or
25    installation of electric vehicle charging infrastructure,
26    provided that the customer takes electric service under an



HB3125- 34 -LRB102 14274 SPS 19626 b

1    hourly pricing program or a time-of-use rate, or
2    participates in an optimized charging program. Further,
3    electric utilities serving more than 500,000 customers
4    shall offer a rebate program to incentivize the purchase
5    and installation of publicly accessible electric vehicle
6    charging stations throughout its service territory, with a
7    prioritization for workplace charging and public charging
8    in dense urban areas and in low-income communities.
9    Finally, electric utilities serving more than 500,000
10    customers shall offer a rebate program to incentivize the
11    development of publicly accessible fast charging stations
12    targeted to fill the gaps in deployment, and along State
13    highway corridors.
14    (f) The Commission shall open an investigation into the
15electric utility's (if serving more than 500,000 customers)
16Beneficial Electrification Plan to determine if the proposed
17plan is cost-beneficial. The plan shall be determined to be
18cost-beneficial if the total cost of beneficial
19electrification expenditures is less than the net present
20value of increased electricity costs (defined as marginal
21avoided energy, avoided capacity, and avoided transmission and
22distribution system costs) avoided by programs under the plan,
23the net present value of reductions in other customer energy
24costs, and the societal value of reduced carbon emissions and
25surface-level pollutants, particularly in environmental
26justice communities. The calculation of costs and benefits



HB3125- 35 -LRB102 14274 SPS 19626 b

1should be based on net impacts. The Commission shall review
2the Plan and determine whether the portfolio of programs or
3initiatives as a whole is optimized to address all key policy
4objectives, including: maximizing total energy cost savings,
5maximizing rate reductions so that nonparticipants can
6benefit, facilitating better grid management, maximizing
7carbon emission reductions, reducing other harmful emissions
8and particularly localized emissions in economically
9disadvantaged and environmental justice communities, and
10addressing environmental justice interests by ensuring there
11are significant opportunities for residents and businesses in
12environmental justice communities to directly participate in
13and benefit from programs.
14    (g) Any electric utility serving more than 500,000
15customers shall update its Beneficial Electrification Plan
16every 3 years and, beginning with the first update, shall
17develop the Plan in conjunction with the distribution system
18planning process described in Section 16-105.17 of this Act,
19including incorporation of stakeholder feedback from that
21    (h) For utilities serving more than 3,000,000 retail
22customers in the State, the annual total cost of all programs
23and initiatives in the Beneficial Electrification Plan shall
24not exceed $50,000,000 per year and shall be recovered
25volumetrically from all retail customers as an operating
26expense. For utilities serving less than 3,000,000 retail



HB3125- 36 -LRB102 14274 SPS 19626 b

1customers, but more than 500,000 retail customers, the annual
2total cost of all programs and initiatives in the Beneficial
3Electrification Plan shall not exceed $21,000,000 per year and
4shall be recovered volumetrically from all retail customers as
5an operating expense.
6    (i) In meeting the requirements of this Section, to the
7extent feasible and consistent with State and federal law, all
8beneficial electrification programs included in Beneficial
9Electrification Plans shall provide employment opportunities
10for all segments of the population and workforce, including
11BIPOC-owned and women-owned business enterprises, as well as
12BIPOC-owned and women-owned worker-owned cooperatives or other
13such employee-owned entities, and shall not, consistent with
14State and federal law, discriminate based on race or
15socioeconomic status.
16    Specifically, to the extent feasible and consistent with
17State and federal law, as utilities conduct selection and
18contracting of businesses, nonprofit organizations, or
19worker-owned cooperatives for implementation of beneficial
20electrification programs or projects providing electrification
21for vehicles and associated electric vehicle infrastructure,
22utilities must give preference to businesses, nonprofit
23organizations, or worker-owned cooperatives as described in
24the workforce equity actions points calculation as specified
25in this subsection (i). Utilities shall track and award equity
26actions in selection of businesses, nonprofit organizations,



HB3125- 37 -LRB102 14274 SPS 19626 b

1or worker-owned cooperatives, using a points system totaling a
2maximum of 235 points. This system shall consider both equity
3actions to meet the goals described in this Section and the bid
4prices, as specified in paragraphs (1) through (9) of this
5subsection (i). Businesses, nonprofit organizations, and
6worker-owned cooperatives that are selected and contracted for
7implementation of beneficial electrification programs or
8projects providing electrification for vehicles and associated
9electric vehicle infrastructure by utilities shall submit no
10later than June 1 of each applicable year an annual report of
11elements described in the equity actions points calculation in
12paragraphs (1) through (9) of this subsection (i) for the
13first 3 years after the year in which installation contracts
14were awarded.
15    (1) Hiring Equity Action (up to 20 points): awarded based
16on the percentage of the company's or entity's workforce
17(measured by full-time equivalents as defined by the
18Government Accountability Office of the United States
19Congress) are black, indigenous, and people of color and are
20paid at or above the prevailing wage. One point shall be
21awarded for each 5% of the workforce which is composed of BIPOC
22persons who are also paid at or above the prevailing wage, up
23to a maximum of 20 points.
24    (2) Clean Jobs Workforce and Returning Residents Action
25(up to 20 points): awarded based on the percentage of the
26workers associated with the project who are graduates or



HB3125- 38 -LRB102 14274 SPS 19626 b

1trainees from equity-focused workforce training programs
2designated by the Illinois Power Agency, or have equivalent
3certification, and paid at or above the prevailing wage; one
4point shall be awarded for each 5% of the workforce which is
5composed of such graduates or trainees, up to a maximum of 20
7    (3) BIPOC Business Enterprise Action (30 points): being
8(i) an entity defined as a minority-owned business under
9Section 2 of the Business Enterprise for Minorities, Women,
10and Persons with Disabilities Act or (ii) an entity, including
11a business, a nonprofit, or a worker-owned cooperative
12registered with other state, regional, or local programs
13intended to certify minority-owned entities.
14    (4) Contracting Equity Action (20 points): awarded based
15on the percentage of the company's or entity's subcontractors
16or vendors are entities defined as a minority-owned business
17or a women-owned business under Section 2 of the Business
18Enterprise for Minorities, Women, and Persons with
19Disabilities Act or on the percentage of the subcontracted
20workers associated with the project, including from all
21subcontractors and vendors, are BIPOC persons (members of a
22racial or ethnic minority group) paid at or above the
23prevailing wage; 5 points shall be awarded for each 10% of
24either subcontractors or subcontractors' workers who are BIPOC
25persons, whichever is greater, up to a maximum of 20 points. If
26a company or entity does not use subcontractors or vendors,



HB3125- 39 -LRB102 14274 SPS 19626 b

1points awarded for the Contracting Equity Action shall be
2equivalent to the point value awarded for the Hiring Equity
3Action under paragraph(1).
4    (5) Expanding Clean Energy Entrepreneurship Action (20
5points): awarded to entities who are current or former
6participants in contractor incubator programs or
7entrepreneurship programs designated by the Illinois Power
8Agency, or have equivalent qualification.
9    (6) Community Benefits Action (15 points): (i) for
10projects 100 kW in size or larger, project has an executed
11Community Benefits Agreement that could include, but is not
12limited to a commitment to hire local workers, union workers,
13energy workers transitioning to clean energy jobs, graduates
14or trainees from equity-focused workforce training programs
15designated by the Illinois Power Agency, or current or former
16participants in contractor incubator programs or
17entrepreneurship programs designated by the Illinois Power
18Agency, or have equivalent qualifications, a commitment to pay
19workers at or above the prevailing wage; and a commitment to
20give communities ownership opportunities in electric vehicle
21projects, where relevant; and (ii) for projects under 100 kW
22in size, companies pay their workforces at or above the
23prevailing wage.
24    (7) Small Business Action (15 points): the entity's
25workforce is composed of 3 or fewer full-time employees
26(measured by full-time equivalents as defined by the



HB3125- 40 -LRB102 14274 SPS 19626 b

1Government Accountability Office of the United States
3    (8) Labor Peace Agreements Action (10 points): (i) for an
4installer with 20 or more employees: the installer attests
5that the installer has entered into a labor peace agreement,
6will abide by the terms of the agreement, and will submit a
7copy of the page of the labor peace agreement that contains the
8signatures of the union representative and the installer, or
9(ii) for an installer that is a party to a labor peace
10agreement with a bona fide labor organization that currently
11represents, or is actively seeking to represent electric
12vehicle infrastructure and equipment installers and other
13workers in Illinois, or (iii) the installer submits an
14attestation affirming that the installer will use best efforts
15to use union labor in the installer's projects and in the
16construction or retrofit of the facilities associated with the
17installer's electric vehicle infrastructure and equipment
18operations, where applicable.
19    (9) Price of bid (130 points): as scored by utilities
20awarding contracts to electric vehicle installers.
21    Bids scoring fewer than 135 points shall not be awarded
23    Section 99. Effective date. This Act takes effect upon
24becoming law.