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

HB3125ham001 102ND GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 2/25/2022

 

 


 

 


 
10200HB3125ham001LRB102 14274 LNS 37024 a

1
AMENDMENT TO HOUSE BILL 3125

2    AMENDMENT NO. ______. Amend House Bill 3125 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200HB3125ham001- 2 -LRB102 14274 LNS 37024 a

1significant portion of parking spaces in new and renovated
2residential developments shall be capable of electric vehicle
3charging. Additionally, renters and condominium unit owners
4shall be able to install charging equipment for electric
5vehicles under reasonable conditions.
 
6    Section 10. Applicability. This Act applies to new
7single-family homes and newly constructed or renovated
8multi-unit residential buildings that have parking spaces and
9are constructed or renovated after the effective date of this
10Act.
 
11    Section 15. Definitions. As used in this Act:
12    "Affordable housing development" means (i) any housing
13that is subsidized by the federal or State government or (ii)
14any housing in which at least 20% of the dwelling units are
15subject to covenants or restrictions that require that the
16dwelling units to be sold or rented at prices that preserve
17them as affordable housing for a period of at least 10 years.
18    "Association" has the meaning set forth in subsection (o)
19of Section 2 of the Condominium Property Act or Section 1-5 of
20the Common Interest Community Association Act, as applicable.
21    "Electric vehicle" means a vehicle that is exclusively
22powered by and refueled by electricity, plugs in to charge,
23and is licensed to drive on public roadways. "Electric
24vehicle" does not include electric motorcycles, hybrid

 

 

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1electric vehicles, or extended-range electric vehicles that
2are equipped, fully or partially, with conventional fueled
3propulsion or auxiliary engines.
4    "Electric vehicle charging station" means a station that
5is designed in compliance with the relevant building code and
6delivers electricity from a source outside an electric vehicle
7into one or more electric vehicles.
8    "Electric vehicle charging system" means a device that is:
9        (1) used to provide electricity to an electric
10    vehicle;
11        (2) designed to ensure that a safe connection has been
12    made between the electric grid and the electric vehicle;
13    and
14        (3) able to communicate with the vehicle's control
15    system so that electricity flows at an appropriate voltage
16    and current level. An electric vehicle charging system may
17    be wall mounted or pedestal style, may provide multiple
18    cords to connect with electric vehicles, and shall:
19            (i) be certified by underwriters laboratories or
20        have been granted an equivalent certification; and
21            (ii) comply with the current version of Article
22        625 of the National Electrical Code.
23    "Electric vehicle supply equipment" or "EVSE" means a
24conductor, including an ungrounded, grounded, and equipment
25grounding conductor, and electric vehicle connectors,
26attachment plugs, and all other fittings, devices, power

 

 

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1outlets, and apparatuses installed specifically for the
2purpose of transferring energy between the premises wiring and
3the electric vehicle.
4    "Electric vehicle system" includes several charging points
5simultaneously connecting several electric vehicles to the
6electric vehicle charging station and any related equipment
7needed to facilitate charging an electric vehicle.
8    "EV-capable" means parking spaces that have the electrical
9panel capacity and conduit installed during construction to
10support future implementation of EV charging with 208-volt or
11240-volt or greater, 40-ampere or greater circuits. This
12strategy ensures the reduction of up-front costs for EV
13charging station installation by providing the electrical
14elements that are difficult to install during a retrofit.
15Anticipating the use of dual head EVSE, the same circuit may be
16used to support charging in adjacent EV-capable spaces.
17    "EV-ready" means parking spaces that have full circuit
18installations of 208-volt or 240-volt or greater, 40-ampere or
19greater panel capacity, raceway wiring, receptacle and circuit
20overprotection devices. This strategy provides all required
21electrical hardware for the future installation of EV supply
22equipment (EVSE). Anticipating the use of dual head EVSE, the
23same circuit may be used to support charging in adjacent
24EV-ready spaces.
25    "EVSE-installed" means EV supply equipment (EVSE) that is
26fully installed from the electrical panel to the parking

 

 

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1space.
2    "Large multi-family residence" means a single residential
3building that accommodates 5 families or more.
4    "Level 1" means a charging system that provides charging
5through a 120-volt AC plug with a standard conductive
6connector that meets the SAE International J1772 or J2954
7standard or successor standards.
8    "Level 2" means a charging system that provides charging
9through a 208-volt to 240-volt AC plug with a standard
10conductive connector that meets the SAE International J1772 or
11J2954 standard or successor standards.
12    "New" means newly constructed.
13    "Reasonable restriction" means a restriction that does not
14significantly increase the cost of the electric vehicle
15charging station or electric vehicle charging system or
16significantly decrease its efficiency or specified
17performance.
18    "Renovated" means altered or added where electrical
19service capacity is increased by one electric service panel or
20more.
21    "Single-family residence" means a detached single-family
22residence on a single lot.
23    "Small multi-family residence" means a single residential
24building that accommodates 2 to 4 families.
 
25    Section 20. Electric vehicle capable parking space

 

 

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

 

 

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1    new or renovated residential multi-unit building shall
2    provide at least one parking space with electric vehicle
3    supply equipment installed, and for each additional
4    parking space with electric vehicle supply equipment
5    installed, the electric vehicle ready requirement is
6    decreased by 2%. Where additional parking exists or is
7    feasible, each parking space shall be marked and signed
8    for common use by residents. A resident shall use an
9    electric vehicle parking space only when the resident is
10    charging the electric vehicle.
11    (b) The following requirements and timelines shall apply
12for affordable housing. A new construction single-family
13residence or small multi-family residence that qualifies as an
14affordable housing development under the same project
15ownership and is located on a campus with centralized parking
16areas is subject to the requirements and timelines below.
17    All building permits issued within 24 months after the
18effective date of this Act shall require a new construction
19large multi-family residence that qualifies as an affordable
20housing development to have the following, unless additional
21requirements are required under a subsequently adopted
22building code:
23Total number
24of parking
25spacesMinimum number of EVSE-installed spacesMinimum number or percentage of EV-ready spacesMinimum percentage of EV-capable spaces

 
 

 

 

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11-61 space100%--
27-231 space20%40%
324+1 space5 spaces40%
4    Required EVSE-installed spaces and EV-ready spaces count
5toward meeting the required percentage of EV-capable spaces;
6for example, for lots with 20% EV-ready spaces, an additional
720% of spaces would need to be EV-capable.
8    The following shall apply for building permits issued 5
9years after the effective date of this Act, unless additional
10requirements are set forth in a subsequently adopted building
11code, for a new construction large multi-family residence that
12qualifies as an affordable housing development:
13Total number
14of parking
15spacesMinimum number of EVSE-installed spacesMinimum number or percentage of EV-ready spacesMinimum percentage of EV-capable spaces
161-61 space100%--
177-231 space20%50%
1824+1 space5 spaces50%
19    Required EVSE-installed spaces and EV-ready spaces count
20toward meeting the required percentage of EV-capable spaces;
21for example, for lots with 20% EV-ready spaces, an additional
2230% of spaces would need to be EV-capable.
23    The following shall apply for building permits issued 10

 

 

 

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1years after the effective date of this Act, unless additional
2requirements are set forth in a subsequently adopted building
3code, for a new construction large multi-family residence that
4qualifies as an affordable housing development:
5Total number
6of parking
7spacesMinimum number of EVSE-installed spacesMinimum number or percentage of EV-ready spacesMinimum percentage of EV-capable spaces
81-61 space100%--
97-231 space20%70%
1024+1 space5 spaces70%
11    Required EVSE-installed spaces and EV-ready spaces count
12toward meeting the required percentage of EV-capable spaces;
13for example, for lots with 20% EV-ready spaces, an additional
1450% of spaces would need to be EV-capable.
15    (c) An existing multi-unit residential building subject to
16an association that undertakes a capital maintenance, repair,
17replacement, or improvement project related to electrical
18power infrastructure, when such project constitutes renovated
19as defined in this Act, shall be required to upgrade or install
20electrical panel capacity for dedicated branch circuits
21sufficient to ensure that the residential building has the
22power capacity to become electric vehicle capable as it
23relates to the space requirements in subsection (a). When such
24capital improvements are undertaken, the required number of

 

 

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1electric vehicle capable designated circuits may be reduced to
2reflect what is possible within the residential building using
3existing power capacities, including use of existing all
4electrical panels suitable for electric vehicle charging at
5208-volt or 240-volt AC plugs and any power transformation of
6existing power from higher voltages to voltages suitable for
7electric vehicle charging and the addition of associated new
8electrical panels suitable for electric vehicle charging.
9Under these circumstances the residential building is not
10required to increase the existing utility power supply into
11the building to meet the space requirements in subsection (a).
12    (d) A renovated large multi-family residential building
13that qualifies as an affordable housing development is subject
14to requirements in subparagraph (c) if more than 25% of
15parking spaces are substantially modified.
16    (e) An accessible parking space is not required by this
17Section if no accessible parking spaces are required by the
18local zoning code. For the first required accessible EV-ready
19or EVSE-installed parking space, the electric vehicle supply
20equipment infrastructure may be located so that the electric
21vehicle supply equipment will be located on an accessible
22route and may be shared by an accessible parking space and a
23parking space not required to be accessible. Otherwise, both
24an accessible parking space and a parking space not required
25to be accessible must be EV-ready or EVSE-installed. Residents
26authorized to use an accessible parking space shall not be

 

 

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1required to charge an electric vehicle to utilize the parking
2space.
 
3    Section 30. Electric vehicle charging station policy for
4unit owners.
5    (a) Any covenant, restriction, or condition contained in
6any deed, contract, security interest, or other instrument
7affecting the transfer or sale of any interest in a
8condominium or common interest community, and any provision of
9a governing document that effectively prohibits or
10unreasonably restricts the installation or use of an electric
11vehicle charging station within a unit owner's unit or a
12designated parking space, including, but not limited to, a
13deeded parking space, a parking space in a unit owner's
14exclusive use common area, or a parking space that is
15specifically designated for use by a particular unit owner, or
16is in conflict with this Section, is void and unenforceable.
17    (b) This Section does not apply to provisions that impose
18a reasonable restriction on an electric vehicle charging
19station. Any electric vehicle charging station installed by a
20unit owner pursuant to this Section is the property of that
21unit owner and in no case will be deemed a part of the common
22elements or common area.
23    (c) An electric vehicle charging station shall meet
24applicable health and safety standards and requirements
25imposed by State and local authorities and all other

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1shall be liable to the unit owner for actual damages and shall
2pay a civil penalty to the unit owner not to exceed $1,000.
3    (i) In any action by a unit owner requesting to have an
4electric vehicle charging station installed and seeking to
5enforce compliance with this Section, the court shall award
6reasonable attorney's fees to a prevailing plaintiff.
 
7    Section 35. Electric vehicle charging system policy for
8renters.
9    (a) Notwithstanding any provision in the lease to the
10contrary and subject to subsection (b):
11        (1) a tenant may install, at the tenant's expense for
12    the tenant's own use, a level 1 or level 2 electric vehicle
13    charging system on or in the leased premises;
14        (2) a landlord shall not assess or charge a tenant any
15    fee for the placement or use of an electric vehicle
16    charging system, except that:
17            (A) the landlord may:
18                (i) require reimbursement for the actual cost
19            of electricity provided by the landlord that was
20            used by the electric vehicle charging system; or
21                (ii) charge a reasonable fee for access. If
22            the electric vehicle charging system is part of a
23            network for which a network fee is charged, the
24            landlord's reimbursement may include the amount of
25            the network fee. Nothing in this subparagraph

 

 

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

 

 

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

 

 

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

 

 

10200HB3125ham001- 20 -LRB102 14274 LNS 37024 a

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

 

 

10200HB3125ham001- 21 -LRB102 14274 LNS 37024 a

1be liable to the tenant for actual damages, and shall pay a
2civil penalty to the tenant in an amount not to exceed $1,000.
3    (g) In any action by a tenant requesting to have an
4electric vehicle charging system installed and seeking to
5enforce compliance with this Section, the court shall award
6reasonable attorney's fees to a prevailing plaintiff.
7    (h) A tenant whose landlord is an owner in an association
8and who desires to install an electric vehicle charging
9station must obtain approval to do so through the tenant's
10landlord or owner and in accordance with those provisions of
11this Act applicable to associations.".