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

HB3125sam001 102ND GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 3/25/2022

 

 


 

 


 
10200HB3125sam001LRB102 14274 LNS 38102 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 Right
5to Charge Electric Vehicles 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, renters

 

 

10200HB3125sam001- 2 -LRB102 14274 LNS 38102 a

1and condominium unit owners shall be able to install charging
2equipment for electric vehicles without unreasonable
3restrictions.
 
4    Section 10. Applicability. This Act applies to all
5residential rental properties.
 
6    Section 15. Definitions. As used in this Act:
7    "Association" has the meaning set forth in subsection (o)
8of Section 2 of the Condominium Property Act or Section 1-5 of
9the Common Interest Community Association Act, as applicable.
10    "Electric vehicle" means a vehicle that is primarily
11powered by and refueled by electricity, must be plugged in to
12charge, and is licensed to drive on public roadways. "Electric
13vehicle" does not include electric mopeds or electric
14off-highway vehicles.
15    "Electric vehicle charging station" means a station that
16is designed in compliance with the relevant building code and
17delivers electricity from a source outside an electric vehicle
18into one or more electric vehicles.
19    "Electric vehicle charging system" means a device that is:
20        (1) used to provide electricity to an electric
21    vehicle;
22        (2) designed to ensure that a safe connection has been
23    made between the electric grid and the electric vehicle;
24    and

 

 

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1        (3) able to communicate with the vehicle's control
2    system so that electricity flows at an appropriate voltage
3    and current level. An electric vehicle charging system may
4    be wall mounted or pedestal style, may provide multiple
5    cords to connect with electric vehicles, and shall:
6            (i) be certified by underwriters laboratories or
7        have been granted an equivalent certification; and
8            (ii) comply with the current version of Article
9        625 of the National Electrical Code as adopted by the
10        State.
11    "Electric vehicle supply equipment" means a conductor,
12including an ungrounded, grounded, and equipment grounding
13conductor, and electric vehicle connectors, attachment plugs,
14and all other fittings, devices, power outlets, and
15apparatuses installed specifically for the purpose of
16transferring energy between the premises wiring and the
17electric vehicle.
18    "Level 1" means a charging system that provides charging
19through a 120-volt AC plug with a standard conductive
20connector that meets the SAE International J1772 or J2954
21standard or successor standards.
22    "Level 2" means a charging system that provides charging
23through a 208-volt to 240-volt AC plug with a standard
24conductive connector that meets the SAE International J1772 or
25J2954 standard or successor standards.
26    "Reasonable restriction" means a restriction that does not

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1charging station.
2    (h) An association that willfully violates this Section
3shall be liable to the unit owner for actual damages and shall
4pay a civil penalty to the unit owner not to exceed $1,000.
5    (i) In any action by a unit owner requesting to have an
6electric vehicle charging station installed and seeking to
7enforce compliance with this Section, the court shall award
8reasonable attorney's fees to a prevailing plaintiff.
9    (j) Notwithstanding any provision of this Section, an
10association may pay, as an amenity, the cost of electricity
11usage associated with an installed common area or exclusive
12use common area electric vehicle charging station.
 
13    Section 25. Electric vehicle charging system policy for
14renters.
15    (a) Notwithstanding any provision in the lease to the
16contrary and subject to subsection (b):
17        (1) a tenant may install, at the tenant's expense for
18    the tenant's own use, a level 1 or level 2 electric vehicle
19    charging system on or in the leased premises;
20        (2) a landlord shall not assess or charge a tenant any
21    fee for the placement or use of an electric vehicle
22    charging system, except that:
23            (A) the landlord may:
24                (i) require reimbursement for the actual cost
25            of electricity provided by the landlord that was

 

 

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1            used by the electric vehicle charging system; or
2                (ii) charge a reasonable fee for access. If
3            the electric vehicle charging system is part of a
4            network for which a network fee is charged, the
5            landlord's reimbursement may include the amount of
6            the network fee. Nothing in this subparagraph
7            requires a landlord to impose upon a tenant a fee
8            or charge other than the rental payments specified
9            in the lease;
10            (B) the landlord may require reimbursement for the
11        cost of the installation of the electric vehicle
12        charging system, including any additions or upgrades
13        to existing wiring directly attributable to the
14        requirements of the electric vehicle charging system,
15        if the landlord places or causes the electric vehicle
16        charging system to be placed at the request of the
17        tenant; and
18            (C) if the tenant desires to place an electric
19        vehicle charging system in an area accessible to other
20        tenants, the landlord may assess or charge the tenant
21        a reasonable fee to reserve a specific parking space
22        in which to install the electric vehicle charging
23        system.
24    (b) A landlord may require a tenant to comply with:
25        (1) bona fide safety requirements consistent with an
26    applicable building code or recognized safety standard for

 

 

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1    the protection of persons and property;
2        (2) a requirement that the electric vehicle charging
3    system be registered with the landlord within 30 days
4    after installation; or
5        (3) reasonable aesthetic provisions that govern the
6    dimensions, placement, or external appearance of an
7    electric vehicle charging system.
8    (c) A tenant may place an electric vehicle charging system
9in an area accessible to other tenants if:
10        (1) the electric vehicle charging system is in
11    compliance with all applicable requirements adopted by a
12    landlord under subsection (b); and
13        (2) the tenant agrees, in writing, to:
14            (A) comply with the landlord's design
15        specifications for the installation of an electric
16        vehicle charging system;
17            (B) engage the services of a duly licensed and
18        registered electrical contractor familiar with the
19        installation and code requirements of an electric
20        vehicle charging system; and
21            (C) provide, within 14 days after receiving the
22        landlord's consent for the installation, a certificate
23        of insurance naming the landlord as an additional
24        insured party on the tenant's renter's insurance
25        policy for any claim related to the installation,
26        maintenance, or use of the electric vehicle charging

 

 

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1        system or, at the landlord's option, reimbursement to
2        the landlord for the actual cost of any increased
3        insurance premium amount attributable to the electric
4        vehicle charging system, notwithstanding any provision
5        to the contrary in the lease. The tenant shall provide
6        reimbursement for an increased insurance premium
7        amount within 14 days after the tenant receives the
8        landlord's invoice for the amount attributable to the
9        electric vehicle charging system.
10    (d) If the landlord consents to a tenant's installation of
11an electric vehicle charging system on property accessible to
12other tenants, including a parking space, carport, or garage
13stall, then, unless otherwise specified in a written agreement
14with the landlord:
15        (1) The tenant, and each successive tenant with
16    exclusive rights to the area where the electric vehicle
17    charging system is installed, is responsible for costs for
18    damages to the electric vehicle charging system and to any
19    other property of the landlord or another tenant resulting
20    from the installation, maintenance, repair, removal, or
21    replacement of the electric vehicle charging system.
22            (A) Costs under this paragraph shall be based on:
23                (i) an inexpensive submetering device; or
24                (ii) a reasonable calculation of cost, based
25            on the average miles driven, efficiency of the
26            electric vehicle calculated by the United States

 

 

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1            Environmental Protection Agency, and the cost of
2            electricity for the common area.
3            (B) The purpose of the costs under this paragraph
4        is for reasonable reimbursement of electricity usage
5        and shall not be set to deliberately exceed that
6        reasonable reimbursement.
7        (2) Each successive tenant with exclusive rights to
8    the area where the electric vehicle charging system is
9    installed shall assume responsibility for the repair,
10    maintenance, removal, and replacement of the electric
11    vehicle charging system until the electric vehicle
12    charging system is removed.
13        (3) The tenant, and each successive tenant with
14    exclusive rights to the area where the electric vehicle
15    charging system is installed, shall, at all times, have
16    and maintain an insurance policy covering the obligations
17    of the tenant under this subsection and shall name the
18    landlord as an additional insured party under the policy.
19        (4) The tenant, and each successive tenant with
20    exclusive rights to the area where the electric vehicle
21    charging system is installed, is responsible for removing
22    the system if reasonably necessary or convenient for the
23    repair, maintenance, or replacement of any property of the
24    landlord, whether or not leased to another tenant.
25    (e) An electric vehicle charging system installed at the
26tenant's cost is the property of the tenant. Upon termination

 

 

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1of the lease, if the electric vehicle charging system is
2removable, the tenant may either remove it or sell it to the
3landlord or another tenant for an agreed price. If the system
4is removed by the tenant, the tenant shall be responsible to
5restore the premises to its original condition. Nothing in
6this subsection requires the landlord or another tenant to
7purchase the electric vehicle charging system.
8    (f) A landlord that willfully violates this Section shall
9be liable to the tenant for actual damages, and shall pay a
10civil penalty to the tenant in an amount not to exceed $1,000.
11    (g) In any action by a tenant requesting to have an
12electric vehicle charging system installed and seeking to
13enforce compliance with this Section, the court shall award
14reasonable attorney's fees to a prevailing plaintiff.
15    (h) A tenant whose landlord is an owner in an association
16and who desires to install an electric vehicle charging
17station must obtain approval to do so through the tenant's
18landlord or owner and in accordance with those provisions of
19this Act applicable to associations.".