Full Text of SB2597 103rd General Assembly
SB2597 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2597 Introduced 10/18/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: |
| 765 ILCS 1085/15 | | 765 ILCS 1085/20 | | 765 ILCS 1085/25 | |
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Amends the Electric Vehicle Charging Act. Exempts new single-family residences and tiny homes specifically constructed for veterans from the Act's electric vehicle charging system requirements. Limits the concurrent exercise of home rule powers. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning property.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Electric Vehicle Charging Act is amended by | 5 | | changing Sections 15, 20, and 25 and by by adding Section 40 as | 6 | | follows: | 7 | | (765 ILCS 1085/15) | 8 | | (This Section may contain text from a Public Act with a | 9 | | delayed effective date )
| 10 | | Sec. 15. Definitions. As used in this Act:
| 11 | | "Affordable housing development" means (i) any housing | 12 | | that is subsidized by the federal or State government or (ii) | 13 | | any housing in which at least 20% of the dwelling units are | 14 | | subject to covenants or restrictions that require that the | 15 | | dwelling units to be sold or rented at prices that preserve | 16 | | them as affordable housing for a period of at least 10 years.
| 17 | | "Association" has the meaning set forth in subsection (o)
| 18 | | of Section 2 of the Condominium Property Act or Section 1-5 of
| 19 | | the Common Interest Community Association Act, as applicable.
| 20 | | "Electric vehicle" means a vehicle that is exclusively | 21 | | powered by and refueled by electricity, plugs in to charge, | 22 | | and is licensed to drive on public roadways. "Electric | 23 | | vehicle" does not include electric mopeds, electric |
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| 1 | | off-highway vehicles, hybrid electric vehicles, or | 2 | | extended-range electric vehicles that are equipped, fully or | 3 | | partially, with conventional fueled propulsion or auxiliary | 4 | | engines.
| 5 | | "Electric
vehicle charging system" means a device that is:
| 6 | | (1) used to provide electricity to an electric
| 7 | | vehicle;
| 8 | | (2) designed to ensure that a safe connection has been
| 9 | | made between the electric grid and the electric vehicle;
| 10 | | and
| 11 | | (3) able to communicate with the vehicle's control
| 12 | | system so that electricity flows at an appropriate voltage
| 13 | | and current level. An electric vehicle charging system may
| 14 | | be wall mounted or pedestal style, may provide multiple
| 15 | | cords to connect with electric vehicles, and shall:
| 16 | | (i) be certified by Underwriters Laboratories or
| 17 | | have been granted an equivalent certification; and
| 18 | | (ii) comply with the current version of Article
| 19 | | 625 of the National Electrical Code.
| 20 | | "Electric vehicle supply equipment" or "EVSE" means a | 21 | | conductor,
including an ungrounded, grounded, and equipment | 22 | | grounding
conductor, and electric vehicle connectors, | 23 | | attachment plugs,
and all other fittings, devices, power | 24 | | outlets, and
apparatuses installed specifically for the | 25 | | purpose of
transferring energy between the premises wiring and | 26 | | the
electric vehicle. |
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| 1 | | "EV-capable" means parking spaces that have the electrical | 2 | | panel capacity and conduit installed during construction to | 3 | | support future implementation of electric vehicle charging | 4 | | with 208-volt or 240-volt or greater, 40-ampere or greater | 5 | | circuits. Each EV-capable space shall feature a continuous | 6 | | raceway or cable assembly installed between an enclosure or | 7 | | outlet located within 3 feet of the EV-capable space and a | 8 | | suitable panelboard or other onsite electrical distribution | 9 | | equipment. The electrical distribution equipment to which the | 10 | | raceway or cable assembly connects shall have sufficient | 11 | | dedicated space and spare electrical capacity for a 2-pole | 12 | | circuit breaker or set of fuses. Reserved capacity shall be no | 13 | | less than 40A 208/240V for each EV-capable space unless | 14 | | EV-capable spaces will be controlled by an energy management | 15 | | system providing load management in accordance with NFPA 70, | 16 | | shall have a minimum capacity of 4.1 kilovolt-ampere per | 17 | | space, or have a minimum capacity of 2.7 kilovolt-ampere per | 18 | | space when all of the parking spaces are designed to be | 19 | | EV-capable spaces, EV-ready spaces, or EVSE-installed spaces. | 20 | | The electrical enclosure or outlet and the electrical | 21 | | distribution equipment directory shall be marked "For future | 22 | | electric vehicle supply equipment (EVSE)." This strategy | 23 | | ensures the reduction of up-front costs for electric vehicle | 24 | | charging station installation by providing the electrical | 25 | | elements that are difficult to install during a retrofit. | 26 | | Anticipating the use of dual-head EVSE, the same circuit may |
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| 1 | | be used to support charging in adjacent EV-capable spaces.
For | 2 | | purposes of this Act, "EV-capable" "EV capable" shall not be | 3 | | construed to require a developer or builder to install or run | 4 | | wire or cable from the electrical panel through the conduit or | 5 | | raceway to the terminus of the conduit. | 6 | | "EV-ready" means parking spaces that are provided with a | 7 | | branch circuit and either an outlet, junction box, or | 8 | | receptacle that will support an installed EVSE. Each branch | 9 | | circuit serving EV-ready spaces shall terminate at an outlet | 10 | | or enclosure, located within 3 feet of each EV-ready space it | 11 | | serves. The panelboard or other electrical distribution | 12 | | equipment directory shall designate the branch circuit as "For | 13 | | electric vehicle supply equipment (EVSE)" and the outlet or | 14 | | enclosure shall be marked "For electric vehicle supply | 15 | | equipment (EVSE)." The capacity of each branch circuit serving | 16 | | multiple EV-ready spaces designed to be controlled by an | 17 | | energy management system providing load management in | 18 | | accordance with NFPA 70, shall have a minimum capacity of 4.1 | 19 | | kilovolt-ampere per space, or have a minimum capacity of 2.7 | 20 | | kilovolt-ampere per space when all of the parking spaces are | 21 | | designed to be EV-capable spaces, EV-ready spaces, or EVSE | 22 | | spaces. | 23 | | "EVSE-installed" means electric vehicle supply equipment | 24 | | that is fully installed from the electrical panel to the | 25 | | parking space.
| 26 | | "Large multifamily residence" means a single residential |
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| 1 | | building that accommodates 5 families or more.
| 2 | | "Level 1" means a 120-volt 20-ampere minimum branch | 3 | | circuit. | 4 | | "Level 2" means a 208-volt to 240-volt 40-ampere branch | 5 | | circuit. | 6 | | "New" means newly constructed.
| 7 | | "Reasonable restriction" means a restriction that does not
| 8 | | significantly increase the cost of the electric vehicle
| 9 | | charging station or electric vehicle charging system or
| 10 | | significantly decrease its efficiency or specified
| 11 | | performance.
| 12 | | "Single-family residence" means a detached single-family | 13 | | residence on a single lot.
| 14 | | "Small multifamily residence" means a single residential | 15 | | building that accommodates 2 to 4 families.
| 16 | | "Tiny home" means an individual housing unit of no more | 17 | | than 800 square feet. | 18 | | (Source: P.A. 103-53, eff. 1-1-24.) | 19 | | (765 ILCS 1085/20) | 20 | | (This Section may contain text from a Public Act with a | 21 | | delayed effective date )
| 22 | | Sec. 20. EV-capable parking space requirement. | 23 | | (a) Except as otherwise provided in subsection (b), a A | 24 | | new single-family residence or a small multifamily residence | 25 | | shall have at least one EV-capable parking space for each |
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| 1 | | residential unit that has dedicated parking, unless any | 2 | | subsequently adopted building code requires additional | 3 | | EV-capable parking spaces, EV-ready parking spaces, or | 4 | | installed EVSE. A new single-family residence or
small | 5 | | multifamily residence that qualifies as an affordable
housing | 6 | | development shall have one EV-capable parking space
for each | 7 | | code-required parking space if the owner is issued a building | 8 | | permit 24 months after the effective date of this Act. Where | 9 | | code-required parking exceeds one parking space per dwelling | 10 | | unit, only one parking space per dwelling unit is required to | 11 | | be EV-capable.
| 12 | | (b) The requirements under subsection (a) shall not apply | 13 | | to a new single-family residence or tiny home that is | 14 | | specifically constructed for a veteran. No county or | 15 | | municipality, including a home rule unit, shall adopt any | 16 | | building code or ordinance
that requires a new single-family | 17 | | residence or tiny home that is specifically constructed for | 18 | | veterans to have an EV-capable parking space for each | 19 | | residential unit. This subsection is a limitation under | 20 | | subsection (i) of Section 6 of Article VII of the Illinois | 21 | | Constitution on the concurrent exercise by home rule units of | 22 | | powers and functions exercised by the State. | 23 | | (Source: P.A. 103-53, eff. 1-1-24.) | 24 | | (765 ILCS 1085/25) | 25 | | (This Section may contain text from a Public Act with a |
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| 1 | | delayed effective date )
| 2 | | Sec. 25. Residential requirements.
| 3 | | (a) All building permits issued 90 days after the | 4 | | effective date of this Act shall require a new, large | 5 | | multifamily residential building or a large multifamily | 6 | | residential building being renovated by a developer converting | 7 | | the property to an association to have 100% of its total | 8 | | parking spaces EV-capable.
However, nothing in this Act shall | 9 | | be construed to require that in the case of a developer | 10 | | converting the property to an association, no EV-capable or | 11 | | EV-ready mandate shall apply if it would necessitate the | 12 | | developer having to excavate an existing surface lot or other | 13 | | parking facility in order to retrofit retro-fit the parking | 14 | | lot or facility with the necessary conduit and wiring. | 15 | | (b) Except as otherwise provided in subsection (c), the | 16 | | The following requirements and timelines shall apply for | 17 | | affordable housing. A new construction single-family residence | 18 | | or small multifamily residence that qualifies as an affordable | 19 | | housing development under the same project ownership and is | 20 | | located on a campus with centralized parking areas is subject | 21 | | to the requirements and timelines below.
| 22 | | All building permits issued 24 months after the effective | 23 | | date of this Act shall require a new construction large | 24 | | multifamily residence that qualifies as an affordable housing | 25 | | development to have the following, unless additional | 26 | | requirements are required under a subsequently adopted |
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| 1 | | building code:
| 2 | | (1) For permits issued 24 months after the effective | 3 | | date of this Act, a minimum of 40% EV-capable parking | 4 | | spaces. | 5 | | (2) For permits issued 5 years after the effective | 6 | | date of this Act, a minimum of 50% EV-capable parking | 7 | | spaces. | 8 | | (3) For permits issued 10 years after the effective | 9 | | date of this Act, a minimum of 70% EV-capable parking | 10 | | spaces.
| 11 | | (c) The requirements under subsection (b) shall not apply | 12 | | to a new construction single-family residence or tiny home | 13 | | that is specifically constructed for a veteran and qualifies | 14 | | as an affordable
housing development. No county or | 15 | | municipality, including a home rule unit, shall adopt any | 16 | | building code or ordinance
that requires a new construction | 17 | | single-family residence or tiny home that is specifically | 18 | | constructed for a veteran and qualifies as an affordable | 19 | | housing development to have an EV-capable parking space for | 20 | | each residential unit. This subsection is a limitation under | 21 | | subsection (i) of Section 6 of Article VII of the Illinois | 22 | | Constitution on the concurrent exercise by home rule units of | 23 | | powers and functions exercised by the State. | 24 | | (d) An accessible parking space is not required by this | 25 | | Section if no accessible parking spaces are required by the | 26 | | local zoning code.
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| 1 | | (Source: P.A. 103-53, eff. 1-1-24.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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