Public Act 103-0053
 
SB0040 EnrolledLRB103 04654 LNS 49662 b

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