Full Text of SB0040 103rd General Assembly
SB0040eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Electric Vehicle Charging Act. | 6 | | Section 5. Legislative intent. Electric vehicles are an
| 7 | | important tool to fight the climate crisis, tackle air
| 8 | | pollution, and provide safe, clean, and affordable personal
| 9 | | transportation. The State should encourage urgent and
| 10 | | widespread adoption of electric vehicles. Since most current
| 11 | | electric vehicle owners are single-family homeowners who
| 12 | | charge at home, providing access to home charging for those in
| 13 | | multi-unit dwellings is crucial to wider electric vehicle
| 14 | | adoption. This includes small multifamily residences and | 15 | | condominium unit owners and renters, regardless of parking | 16 | | space ownership and regardless of
income. Therefore, a | 17 | | significant portion of parking spaces in
new and renovated | 18 | | residential developments shall
be capable of electric vehicle | 19 | | charging. Additionally, renters
and condominium unit owners | 20 | | shall be able to install charging
equipment for electric | 21 | | vehicles under reasonable conditions.
| 22 | | Section 10. Applicability. This Act applies to newly |
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| 1 | | constructed single-family homes and multi-unit residential | 2 | | buildings that have parking spaces and are constructed after | 3 | | the effective date of this Act. | 4 | | Section 15. Definitions. As used in this Act:
| 5 | | "Affordable housing development" means (i) any housing | 6 | | that is subsidized by the federal or State government or (ii) | 7 | | any housing in which at least 20% of the dwelling units are | 8 | | subject to covenants or restrictions that require that the | 9 | | dwelling units to be sold or rented at prices that preserve | 10 | | them as affordable housing for a period of at least 10 years.
| 11 | | "Association" has the meaning set forth in subsection (o)
| 12 | | of Section 2 of the Condominium Property Act or Section 1-5 of
| 13 | | the Common Interest Community Association Act, as applicable.
| 14 | | "Electric vehicle" means a vehicle that is exclusively | 15 | | powered by and refueled by electricity, plugs in to charge, | 16 | | and is licensed to drive on public roadways. "Electric | 17 | | vehicle" does not include electric mopeds, electric | 18 | | off-highway vehicles, hybrid electric vehicles, or | 19 | | extended-range electric vehicles that are equipped, fully or | 20 | | partially, with conventional fueled propulsion or auxiliary | 21 | | engines.
| 22 | | "Electric
vehicle charging system" means a device that is:
| 23 | | (1) used to provide electricity to an electric
| 24 | | vehicle;
| 25 | | (2) designed to ensure that a safe connection has been
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| 1 | | made between the electric grid and the electric vehicle;
| 2 | | and
| 3 | | (3) able to communicate with the vehicle's control
| 4 | | system so that electricity flows at an appropriate voltage
| 5 | | and current level. An electric vehicle charging system may
| 6 | | be wall mounted or pedestal style, may provide multiple
| 7 | | cords to connect with electric vehicles, and shall:
| 8 | | (i) be certified by Underwriters Laboratories or
| 9 | | have been granted an equivalent certification; and
| 10 | | (ii) comply with the current version of Article
| 11 | | 625 of the National Electrical Code.
| 12 | | "Electric vehicle supply equipment" or "EVSE" means a | 13 | | conductor,
including an ungrounded, grounded, and equipment | 14 | | grounding
conductor, and electric vehicle connectors, | 15 | | attachment plugs,
and all other fittings, devices, power | 16 | | outlets, and
apparatuses installed specifically for the | 17 | | purpose of
transferring energy between the premises wiring and | 18 | | the
electric vehicle. | 19 | | "EV-capable" means parking spaces that have the electrical | 20 | | panel capacity and conduit installed during construction to | 21 | | support future implementation of electric vehicle charging | 22 | | with 208-volt or 240-volt or greater, 40-ampere or greater | 23 | | circuits. Each EV-capable space shall feature a continuous | 24 | | raceway or cable assembly installed between an enclosure or | 25 | | outlet located within 3 feet of the EV-capable space and a | 26 | | suitable panelboard or other onsite electrical distribution |
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| 1 | | equipment. The electrical distribution equipment to which the | 2 | | raceway or cable assembly connects shall have sufficient | 3 | | dedicated space and spare electrical capacity for a 2-pole | 4 | | circuit breaker or set of fuses. Reserved capacity shall be no | 5 | | less than 40A 208/240V for each EV-capable space unless | 6 | | EV-capable spaces will be controlled by an energy management | 7 | | system providing load management in accordance with NFPA 70, | 8 | | shall have a minimum capacity of 4.1 kilovolt-ampere per | 9 | | space, or have a minimum capacity of 2.7 kilovolt-ampere per | 10 | | space when all of the parking spaces are designed to be | 11 | | EV-capable spaces, EV-ready spaces, or EVSE-installed spaces. | 12 | | The electrical enclosure or outlet and the electrical | 13 | | distribution equipment directory shall be marked "For future | 14 | | electric vehicle supply equipment (EVSE)." This strategy | 15 | | ensures the reduction of up-front costs for electric vehicle | 16 | | charging station installation by providing the electrical | 17 | | elements that are difficult to install during a retrofit. | 18 | | Anticipating the use of dual-head EVSE, the same circuit may | 19 | | be used to support charging in adjacent EV-capable spaces.
For | 20 | | purposes of this Act, "EV capable" shall not be construed to | 21 | | require a developer or builder to install or run wire or cable | 22 | | from the electrical panel through the conduit or raceway to | 23 | | the terminus of the conduit. | 24 | | "EV-ready" means parking spaces that are provided with a | 25 | | branch circuit and either an outlet, junction box, or | 26 | | receptacle that will support an installed EVSE. Each branch |
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| 1 | | circuit serving EV-ready spaces shall terminate at an outlet | 2 | | or enclosure, located within 3 feet of each EV-ready space it | 3 | | serves. The panelboard or other electrical distribution | 4 | | equipment directory shall designate the branch circuit as "For | 5 | | electric vehicle supply equipment (EVSE)" and the outlet or | 6 | | enclosure shall be marked "For electric vehicle supply | 7 | | equipment (EVSE)." The capacity of each branch circuit serving | 8 | | multiple EV-ready spaces designed to be controlled by an | 9 | | energy management system providing load management in | 10 | | accordance with NFPA 70, shall have a minimum capacity of 4.1 | 11 | | kilovolt-ampere per space, or have a minimum capacity of 2.7 | 12 | | kilovolt-ampere per space when all of the parking spaces are | 13 | | designed to be EV-capable spaces, EV-ready spaces, or EVSE | 14 | | spaces. | 15 | | "EVSE-installed" means electric vehicle supply equipment | 16 | | that is fully installed from the electrical panel to the | 17 | | parking space.
| 18 | | "Large multifamily residence" means a single residential | 19 | | building that accommodates 5 families or more.
| 20 | | "Level 1" means a 120-volt 20-ampere minimum branch | 21 | | circuit. | 22 | | "Level 2" means a 208-volt to 240-volt 40-ampere branch | 23 | | circuit. | 24 | | "New" means newly constructed.
| 25 | | "Reasonable restriction" means a restriction that does not
| 26 | | significantly increase the cost of the electric vehicle
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| 1 | | charging station or electric vehicle charging system or
| 2 | | significantly decrease its efficiency or specified
| 3 | | performance.
| 4 | | "Single-family residence" means a detached single-family | 5 | | residence on a single lot.
| 6 | | "Small multifamily residence" means a single residential | 7 | | building that accommodates 2 to 4 families.
| 8 | | Section 20. EV-capable parking space requirement. A new | 9 | | single-family residence or a small multifamily residence shall | 10 | | have at least one EV-capable parking space for each | 11 | | residential unit that has dedicated parking, unless any | 12 | | subsequently adopted building code requires additional | 13 | | EV-capable parking spaces, EV-ready parking spaces, or | 14 | | installed EVSE. A new single-family residence or
small | 15 | | multifamily residence that qualifies as an affordable
housing | 16 | | development shall have one EV-capable parking space
for each | 17 | | code-required parking space if the owner is issued a building | 18 | | permit 24 months after the effective date of this Act. Where | 19 | | code-required parking exceeds one parking space per dwelling | 20 | | unit, only one parking space per dwelling unit is required to | 21 | | be EV-capable. | 22 | | Section 25. Residential requirements.
| 23 | | (a) All building permits issued 90 days after the | 24 | | effective date of this Act shall require a new, large |
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| 1 | | multifamily residential building or a large multifamily | 2 | | residential building being renovated by a developer converting | 3 | | the property to an association to have 100% of its total | 4 | | parking spaces EV-capable.
However, nothing in this Act shall | 5 | | be construed to require that in the case of a developer | 6 | | converting the property to an association, no EV-capable or | 7 | | EV-ready mandate shall apply if it would necessitate the | 8 | | developer having to excavate an existing surface lot or other | 9 | | parking facility in order to retro-fit the parking lot or | 10 | | facility with the necessary conduit and wiring. | 11 | | (b) The following requirements and timelines shall apply | 12 | | for affordable housing. A new construction single-family | 13 | | residence or small multifamily residence that qualifies as an | 14 | | affordable housing development under the same project | 15 | | ownership and is located on a campus with centralized parking | 16 | | areas is subject to the requirements and timelines below.
| 17 | | All building permits issued 24 months after the effective | 18 | | date of this Act shall require a new construction large | 19 | | multifamily residence that qualifies as an affordable housing | 20 | | development to have the following, unless additional | 21 | | requirements are required under a subsequently adopted | 22 | | building code:
| 23 | | (1) For permits issued 24 months after the effective | 24 | | date of this Act, a minimum of 40% EV-capable parking | 25 | | spaces. | 26 | | (2) For permits issued 5 years after the effective |
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| 1 | | date of this Act, a minimum of 50% EV-capable parking | 2 | | spaces. | 3 | | (3) For permits issued 10 years after the effective | 4 | | date of this Act, a minimum of 70% EV-capable parking | 5 | | spaces.
| 6 | | (d) An accessible parking space is not required by this | 7 | | Section if no accessible parking spaces are required by the | 8 | | local zoning code. | 9 | | Section 30. Electric vehicle charging system policy
for | 10 | | unit owners.
| 11 | | (a) Any covenant, restriction, or condition contained in
| 12 | | any deed, contract, security interest, or other instrument
| 13 | | affecting the transfer or sale of any interest in a
| 14 | | condominium or common interest community, and any provision of
| 15 | | a governing document that effectively prohibits or
| 16 | | unreasonably restricts the installation or use of an electric
| 17 | | vehicle charging system within a unit owner's unit or a
| 18 | | designated parking space, including, but not limited to, a
| 19 | | deeded parking space, a parking space in a unit owner's
| 20 | | exclusive use common area, or a parking space that is
| 21 | | specifically designated for use by a particular unit owner, or
| 22 | | is in conflict with this Section, is void and unenforceable.
| 23 | | (b) This Section does not apply to provisions that impose
| 24 | | a reasonable restriction on an electric vehicle charging
| 25 | | system. Any electric vehicle charging system installed by a |
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| 1 | | unit owner pursuant to this Section is the property of that | 2 | | unit owner and in no case will be deemed a part of the common | 3 | | elements or common area.
| 4 | | (c) An electric vehicle charging system shall meet
| 5 | | applicable health and safety standards and requirements
| 6 | | imposed by State and local authorities and all other
| 7 | | applicable zoning, land use, or other ordinances or land use
| 8 | | permits.
| 9 | | (d) If approval is required for the installation or use of
| 10 | | an electric vehicle charging system, the association shall
| 11 | | process and approve the application in the same manner as an
| 12 | | application for approval of an alteration, modification, or | 13 | | improvement to common elements or common areas or an | 14 | | architectural modification to
the property, and the | 15 | | association shall not unreasonably
delay the approval or | 16 | | denial of the application. The approval or
denial of an | 17 | | application shall be in writing. If an
application is not | 18 | | denied in writing within 60 days from the
date of the receipt | 19 | | of the application, the application shall
be deemed approved | 20 | | unless the delay is the result of a
reasonable request for | 21 | | additional information.
| 22 | | (e) If the electric vehicle charging system is to be
| 23 | | placed in a common area or exclusive use common area, as
| 24 | | designated by the condominium or common interest community
| 25 | | association, the following applies:
| 26 | | (1) The unit owner shall first obtain prior written |
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| 1 | | approval from
the association to install the electric | 2 | | vehicle charging
system and the association shall approve | 3 | | the installation
if the unit owner agrees, in writing, to:
| 4 | | (A) comply with the association's architectural
| 5 | | standards or other reasonable conditions and | 6 | | restrictions for the installation of the electric | 7 | | vehicle
charging system;
| 8 | | (B) engage a licensed and insured electrical | 9 | | contractor to
install the electric vehicle charging | 10 | | system. The electrical contractor shall name the | 11 | | association, its officers, directors, and agents as | 12 | | additional insured and shall provide a certificate of | 13 | | insurance to the association evidencing such | 14 | | additional insured status;
| 15 | | (C) within 14 days after approval, provide a
| 16 | | certificate of insurance that names the association, | 17 | | its officers, directors, and agents as
an additional | 18 | | insured party under the unit owner's
insurance policy | 19 | | as required under paragraph (3);
| 20 | | (D) pay for both the costs associated with the
| 21 | | installation of and the electricity usage associated
| 22 | | with the electric vehicle charging system; and
| 23 | | (E) be responsible for damage to the common | 24 | | elements or common areas or other units resulting from | 25 | | the installation, use, and removal of the electric | 26 | | vehicle charging system.
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| 1 | | (2) The unit owner, and each successive unit owner of
| 2 | | the electric vehicle charging system, is responsible for:
| 3 | | (A) costs for damage to the electric vehicle
| 4 | | charging system, common area, exclusive use common
| 5 | | area, or separate interests resulting from the
| 6 | | installation, maintenance, repair, removal, or
| 7 | | replacement of the electric vehicle charging system;
| 8 | | (B) costs for the maintenance, repair, and
| 9 | | replacement of the electric vehicle charging system
| 10 | | until it has been removed, and for the restoration of
| 11 | | the common area after removal;
| 12 | | (C) costs of electricity associated with the
| 13 | | charging system, which shall be based on:
| 14 | | (i) an embedded submetering device; or
| 15 | | (ii) a reasonable calculation of cost, based | 16 | | on
the average miles driven, efficiency of the
| 17 | | electric vehicle calculated by the United States
| 18 | | Environmental Protection Agency, and the cost of
| 19 | | electricity for the common area; and
| 20 | | (D) disclosing to a prospective buyer the
| 21 | | existence of any electric vehicle charging system of
| 22 | | the unit owner and the related responsibilities of the
| 23 | | unit owner under this Section.
| 24 | | (3) The purpose of the costs under paragraph (2) is
| 25 | | for the reasonable reimbursement of electricity usage and
| 26 | | shall not be set to deliberately exceed the reasonable
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| 1 | | reimbursement.
| 2 | | (4) The unit owner of the electric vehicle charging
| 3 | | system, whether the electric vehicle charging system is
| 4 | | located within the common area or exclusive use common
| 5 | | area, shall, at all times, maintain a liability coverage
| 6 | | policy. The unit owner that submitted the application to
| 7 | | install the electric vehicle charging system shall
provide | 8 | | the association with the corresponding certificate
of | 9 | | insurance within 14 days after approval of the
| 10 | | application. The unit owner, and each successive unit
| 11 | | owner, shall provide the association with the certificate
| 12 | | of insurance annually thereafter.
| 13 | | (5) A unit owner is not required to maintain a
| 14 | | homeowner liability coverage policy for an existing
| 15 | | National Electrical Manufacturers Association standard
| 16 | | alternating current power plug.
| 17 | | (f) Except as provided in subsection (g), the installation
| 18 | | of an electric vehicle charging system for the exclusive use
| 19 | | of a unit owner in a common area that is not an exclusive use
| 20 | | common area may be authorized by the association, subject to | 21 | | applicable law, only if
installation in the unit owner's | 22 | | designated parking space is
impossible or unreasonably | 23 | | expensive. In such an event, the
association shall enter into | 24 | | a license agreement with the unit
owner for the use of the | 25 | | space in a common area, and the unit
owner shall comply with | 26 | | all of the requirements in subsection
(e).
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| 1 | | (g) An association may install an electric vehicle
| 2 | | charging system in the common area for the use of all unit
| 3 | | owners and members of the association. The association shall
| 4 | | develop appropriate terms of use for the electric vehicle
| 5 | | charging system.
| 6 | | (h) An association that willfully violates this Section
| 7 | | shall be liable to the unit owner for actual damages and shall
| 8 | | pay a civil penalty to the unit owner not to exceed $500.
| 9 | | (i) In any action by a unit owner requesting to have an
| 10 | | electric vehicle charging system installed and seeking to
| 11 | | enforce compliance with this Section, the court shall award
| 12 | | reasonable attorney's fees to a prevailing party. | 13 | | Section 35. Electric vehicle charging system policy for
| 14 | | renters.
| 15 | | (a) Notwithstanding any provision in the lease to the
| 16 | | contrary 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 receptacle or outlet, a | 19 | | level 2 receptacle or outlet, or a level 2 electric | 20 | | vehicle charging system on or in the leased premises; | 21 | | (2) a landlord shall not assess or charge a tenant any
| 22 | | fee for the placement or use of an electric vehicle
| 23 | | charging system, except that:
| 24 | | (A) the landlord may:
| 25 | | (i) require reimbursement for the actual cost
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| 1 | | of electricity provided by the landlord that was
| 2 | | used by the electric vehicle charging system; | 3 | | (ii) charge a reasonable fee for access. If | 4 | | the
electric vehicle charging system is part of a
| 5 | | network for which a network fee is charged, the
| 6 | | landlord's reimbursement may include the amount of
| 7 | | the network fee. Nothing in this subparagraph
| 8 | | requires a landlord to impose upon a tenant a fee
| 9 | | or charge other than the rental payments specified
| 10 | | in the lease;
or | 11 | | (iii) charge a security deposit to cover costs | 12 | | to restore the property to its original condition | 13 | | if the tenant removes the electric vehicle | 14 | | charging system. | 15 | | (B) the landlord may require reimbursement for
the | 16 | | cost of the installation of the electric vehicle
| 17 | | charging system, including any additions or upgrades
| 18 | | to existing wiring directly attributable to the
| 19 | | requirements of the electric vehicle charging system,
| 20 | | if the landlord places or causes the electric vehicle
| 21 | | charging system to be placed at the request of the
| 22 | | tenant; and
| 23 | | (C) if the tenant desires to place an electric
| 24 | | vehicle charging system in an area accessible to other
| 25 | | tenants, the landlord may assess or charge the tenant
| 26 | | a reasonable fee to reserve a specific parking space
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| 1 | | in which to install the electric vehicle charging
| 2 | | system.
| 3 | | (b) A landlord may require a tenant to comply with:
| 4 | | (1) bona fide safety requirements consistent with an
| 5 | | applicable building code or recognized safety standard for
| 6 | | the protection of persons and property;
| 7 | | (2) a requirement that the electric vehicle charging
| 8 | | system be registered with the landlord within 30 days
| 9 | | after installation; or
| 10 | | (3) reasonable aesthetic provisions that govern the
| 11 | | dimensions, placement, or external appearance of an
| 12 | | electric vehicle charging system.
| 13 | | (c) A tenant may place an electric vehicle charging system
| 14 | | if:
| 15 | | (1) the electric vehicle charging system is in
| 16 | | compliance with all applicable requirements adopted by a
| 17 | | landlord under subsection (b); and
| 18 | | (2) the tenant agrees, in writing, to:
| 19 | | (A) comply with the landlord's design
| 20 | | specifications for the installation of an electric
| 21 | | vehicle charging system;
| 22 | | (B) engage the services of a duly licensed and
| 23 | | registered electrical contractor familiar with the
| 24 | | installation and code requirements of an electric
| 25 | | vehicle charging system; and
| 26 | | (C) provide, within 14 days after receiving the
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| 1 | | landlord's consent for the installation, a certificate
| 2 | | of insurance naming the landlord as an additional
| 3 | | insured party on the tenant's renter's insurance
| 4 | | policy for any claim related to the installation,
| 5 | | maintenance, or use of the electric vehicle charging
| 6 | | system or, at the landlord's option, reimbursement to
| 7 | | the landlord for the actual cost of any increased
| 8 | | insurance premium amount attributable to the electric
| 9 | | vehicle charging system, notwithstanding any provision
| 10 | | to the contrary in the lease. The tenant shall provide
| 11 | | reimbursement for an increased insurance premium
| 12 | | amount within 14 days after the tenant receives the
| 13 | | landlord's invoice for the amount attributable to the
| 14 | | electric vehicle charging system.
| 15 | | (d) If the landlord consents to a tenant's installation of
| 16 | | an electric vehicle charging system on property accessible to
| 17 | | other tenants, including a parking space, carport, or garage
| 18 | | stall, then, unless otherwise specified in a written agreement
| 19 | | with the landlord:
| 20 | | (1) The tenant, and each successive tenant with
| 21 | | exclusive rights to the area where the electric vehicle
| 22 | | charging system is installed, is responsible for costs for
| 23 | | damages to the electric vehicle charging system and to any
| 24 | | other property of the landlord or another tenant resulting
| 25 | | from the installation, maintenance, repair, removal, or
| 26 | | replacement of the electric vehicle charging system.
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| 1 | | (A) Costs under this paragraph shall be based on:
| 2 | | (i) an embedded submetering device; or
| 3 | | (ii) a reasonable calculation of cost, based | 4 | | on
the average miles driven, efficiency of the
| 5 | | electric vehicle calculated by the United States
| 6 | | Environmental Protection Agency, and the cost of
| 7 | | electricity for the common area.
| 8 | | (B) The purpose of the costs under this paragraph
| 9 | | is for reasonable reimbursement of electricity usage
| 10 | | and shall not be set to deliberately exceed that
| 11 | | reasonable reimbursement.
| 12 | | (2) Each successive tenant with exclusive rights to
| 13 | | the area where the electric vehicle charging system is
| 14 | | installed shall assume responsibility for the repair,
| 15 | | maintenance, removal, and replacement of the electric
| 16 | | vehicle charging system until the electric vehicle
| 17 | | charging system is removed.
| 18 | | (3) The tenant, and each successive tenant with
| 19 | | exclusive rights to the area where the electric vehicle
| 20 | | charging system is installed, shall, at all times, have
| 21 | | and maintain an insurance policy covering the obligations
| 22 | | of the tenant under this subsection and shall name the
| 23 | | landlord as an additional insured party under the policy.
| 24 | | (4) The tenant, and each successive tenant with
| 25 | | exclusive rights to the area where the electric vehicle
| 26 | | charging system is installed, is responsible for removing
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| 1 | | the system if reasonably necessary or convenient for the
| 2 | | repair, maintenance, or replacement of any property of the
| 3 | | landlord, whether or not leased to another tenant.
| 4 | | (e) An electric vehicle charging system installed at the
| 5 | | tenant's cost is the property of the tenant. Upon termination
| 6 | | of the lease, if the electric vehicle charging system is
| 7 | | removable, the tenant may either remove it or sell it to the
| 8 | | landlord or another tenant for an agreed price. Nothing in
| 9 | | this subsection requires the landlord or another tenant to
| 10 | | purchase the electric vehicle charging system.
| 11 | | (f) A landlord that willfully violates this Section shall
| 12 | | be liable to the tenant for actual damages, and shall pay a
| 13 | | civil penalty to the tenant in an amount not to exceed $1,000.
| 14 | | (g) In any action by a tenant requesting to have an
| 15 | | electric vehicle charging system installed and seeking to
| 16 | | enforce compliance with this Section, the court shall award
| 17 | | reasonable attorney's fees to a prevailing plaintiff.
| 18 | | (h) A tenant whose landlord is an owner in an association | 19 | | and who desires to install an electric vehicle charging | 20 | | station must obtain approval to do so through the tenant's | 21 | | landlord or owner and in accordance with those provisions of | 22 | | this Act applicable to associations.
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