HB3975 102ND GENERAL ASSEMBLY

LRB102 02583 LNS 12586 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3975

Introduced 3/4/2021, by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:

765 ILCS 160/1-71 new
765 ILCS 160/1-72 new

Amends the Common Interest Community Association Act. Provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Common Interest Community Association Act is amended by adding Sections 1-71 and 1-72 as follows:

(765 ILCS 160/1-71 new)

Sec. 1-71. Electric vehicle charging stations.

(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within a unit owner's unit or in 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 reasonable restrictions on an electric vehicle charging station. However, it is the policy of this State to promote, encourage, and remove obstacles to the use of an electric vehicle charging station.

(c) An electric vehicle charging station 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 station, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. 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 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 station is to be placed in a common area or an exclusive use common area, as designated in the common interest community's bylaws, the following applies:

(1) The unit owner shall first obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the unit owner agrees in writing to:

(i) comply with the association's architectural standards for the installation of the electric vehicle charging station;

(ii) engage a licensed contractor to install the electric vehicle charging station;

(iii) within 14 days of approval, provide a certificate of insurance that names the association as an additional insured party under the unit owner's insurance policy; and

(iv) pay for both the costs associated with the installation of and the electricity usage associated with the electric vehicle charging station.

(2) The unit owner, and each successive unit owner, of the electric vehicle charging station shall be responsible for:

(i) costs for damage to the electric vehicle charging station, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle charging station;

(ii) costs for the maintenance, repair, and replacement of the electric vehicle charging station until it has been removed and for the restoration of the common area after removal;

(iii) the cost of electricity associated with the electric vehicle charging station; and

(iv) disclosing to prospective unit owners the existence of any electric vehicle charging station of the unit owner and the related responsibilities of the unit owner under this Section.

(3) The unit owner of the electric vehicle charging station, whether located within a separate unit or 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 station shall provide the association with the corresponding certificate of insurance within 14 days of approval of the application. The unit owner, and each successive unit owner, shall provide the association with the certificate of insurance annually thereafter.

(4) 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 station for the exclusive use of a unit owner in a common area that is not an exclusive use common area shall be authorized by the association only if the installation in the unit owner's designated parking space is impossible or unreasonably expensive. In such cases, 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) The association may install an electric vehicle charging station in the common area for the use of all members of the association and all unit owners. The association shall develop appropriate terms of use for the electric vehicle charging station.

(h) An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.

(i) An association that willfully violates this Section is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.

(j) In an action by a unit owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this Section, the court shall award reasonable attorney's fees to the prevailing plaintiff.

(k) For purposes of this Section:

"Electric vehicle charging station" means a station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles. "Electric vehicle charging station" may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.

"Reasonable restrictions" means restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.

(765 ILCS 160/1-72 new)

Sec. 1-72. Electric vehicle dedicated TOU meters.

(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle dedicated TOU meter or is in conflict with this Section is void and unenforceable.

(b) This Section does not apply to provisions that impose reasonable restrictions on the installation of an electric vehicle dedicated TOU meter. However, it is the policy of this State to promote, encourage, and remove obstacles to the effective installation of an electric vehicle dedicated TOU meter.

(c) An electric vehicle dedicated TOU meter 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 dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. 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 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 dedicated TOU meter is to be placed in a common area or an exclusive use common area, as designated in the common interest community's bylaws, the following applies:

(1) The unit owner shall first obtain approval from the association to install the electric vehicle dedicated TOU meter and the association shall approve the installation if the unit owner agrees in writing to:

(i) comply with the association's architectural standards for the installation of the electric vehicle dedicated TOU meter; and

(ii) engage the relevant electric utility to install the electric vehicle dedicated TOU meter and, if necessary, a licensed contractor to install the wiring or conduit necessary to connect the electric meter to an electric vehicle charging station, as defined in Section 1-71.

(2) The unit owner, and each successive unit owner, of an electric vehicle dedicated TOU meter shall be responsible for:

(i) costs for damage to the electric vehicle dedicated TOU meter, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle dedicated TOU meter;

(ii) costs for the maintenance, repair, and replacement of the electric vehicle dedicated TOU meter until it has been removed and for the restoration of the common area after removal; and

(iii) disclosing to prospective unit owners the existence of any electric vehicle dedicated TOU meter of the unit owner and the related responsibilities of the unit owner under this Section.

(f) The association may install an electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. The association shall develop appropriate terms of use for the electric vehicle dedicated TOU meter.

(g) An association that willfully violates this Section is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.

(h) In an action by a unit owner requesting to have an electric vehicle dedicated TOU meter installed and seeking to enforce compliance with this Section, the court shall award reasonable attorney's fees to the prevailing plaintiff.

(i) For purposes of this Section:

"Electric vehicle dedicated TOU meter" means an electric meter supplied and installed by an electric utility that is separate from, and in addition to, any other electric meter and is devoted exclusively to the charging of electric vehicles, and that tracks the time of use (TOU) when charging occurs. "Electric vehicle dedicated TOU meter" includes any wiring or conduit necessary to connect the electric meter to an electric vehicle charging station, as defined in Section 1-71, regardless of whether it is supplied or installed by an electric utility.

"Reasonable restrictions" means restrictions based upon space, aesthetics, structural integrity, and equal access to electric vehicle dedicated TOU meter services for all unit owners. "Reasonable restrictions" does not include an association's refusal to find a reasonable way to accommodate the installation request unless the association would need to incur an expense.