Bill Text: IL SB0040 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Creates the Electric Vehicle Charging Act. Provides that the Act applies to new single-family homes and newly constructed or renovated multi-unit residential buildings that have parking spaces and are constructed or renovated after the effective date of the Act. Defines terms. Provides that a new single-family residence or a small multifamily residence shall have at least one electric vehicle capable parking space for each residential unit that has dedicated parking, unless any subsequently adopted building code requires additional electric vehicle capable parking spaces or installed electric vehicle supply equipment. Includes electric vehicle parking space requirements for a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association. Includes electric vehicle parking space requirements for affordable housing and for an existing multi-unit residential building subject to an association that undertakes renovation. Includes electric vehicle charging station policies for unit owners and for renters.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0053 [SB0040 Detail]

Download: Illinois-2023-SB0040-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0040 Introduced 1/20/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
New Act
Creates the Electric Vehicle Charging Act. Provides that the Act applies to new single-family homes and newly constructed or renovated multi-unit residential buildings that have parking spaces and are constructed or renovated after the effective date of the Act. Defines terms. Provides that a new single-family residence or a small multifamily residence shall have at least one electric vehicle capable parking space for each residential unit that has dedicated parking, unless any subsequently adopted building code requires additional electric vehicle capable parking spaces or installed electric vehicle supply equipment. Includes electric vehicle parking space requirements for a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association. Includes electric vehicle parking space requirements for affordable housing and for an existing multi-unit residential building subject to an association that undertakes renovation. Includes electric vehicle charging station policies for unit owners and for renters.
LRB103 04654 LNS 49662 b
A BILL FOR
SB0040 LRB103 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 new

SB0040 - 2 - LRB103 04654 LNS 49662 b
single-family homes and newly constructed or renovated
multi-unit residential buildings that have parking spaces and
are constructed or renovated 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 station" means a station that
is designed in compliance with the relevant building code and
delivers electricity from a source outside an electric vehicle

SB0040 - 3 - LRB103 04654 LNS 49662 b
into one or more electric vehicles.
"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.
"Electric vehicle system" includes several charging points
simultaneously connecting several electric vehicles to the
electric vehicle charging station and any related equipment

SB0040 - 4 - LRB103 04654 LNS 49662 b
needed to facilitate charging an 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. 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.
"EV-ready" means parking spaces that have full circuit
installations of 208-volt or 240-volt or greater, 40-ampere or
greater panel capacity, raceway wiring, receptacle and circuit
overprotection devices. This strategy provides all required
electrical hardware for the future installation of electric
vehicle supply equipment. Anticipating the use of dual-head
EVSE, the same circuit may be used to support charging in
adjacent EV-ready 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 charging system that provides charging
through a 120-volt AC plug with a standard conductive

SB0040 - 5 - LRB103 04654 LNS 49662 b
connector that meets the SAE International J1772 or J2954
standard or successor standards.
"Level 2" means a charging system that provides charging
through a 208-volt to 240-volt AC plug with a standard
conductive connector that meets the SAE International J1772 or
J2954 standard or successor standards.
"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.
"Renovated" means altered or added where electrical
service capacity is increased by one electric service panel or
more.
"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. Electric vehicle capable parking space
requirement. A new single-family residence or a small
multifamily residence shall have at least one electric vehicle
capable parking space for each residential unit that has
dedicated parking, unless any subsequently adopted building
code requires additional electric vehicle capable parking

SB0040 - 6 - LRB103 04654 LNS 49662 b
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) A new, large multifamily residential building or a
large multifamily residential building being renovated by a
developer converting the property to an association shall
have:
(1) 100% of its total parking spaces electric vehicle
ready, if there are one to 6 parking spaces;
(2) 100% of its total parking spaces electric vehicle
capable, of which at least 20% shall be electric vehicle
ready, if there are 7 to 23 parking spaces; or
(3) 100% of its total parking spaces electric vehicle
capable, if there are 24 or more parking spaces, of which
at least 5 spots shall be electric vehicle ready.
Additionally, if there are 24 or more parking spaces, a
new or renovated residential multi-unit building shall
provide at least one parking space with electric vehicle
supply equipment installed, and for each additional

SB0040 - 7 - LRB103 04654 LNS 49662 b
parking space with electric vehicle supply equipment
installed, the electric vehicle ready requirement is
decreased by 2%. Where additional parking exists or is
feasible, each parking space shall be marked and signed
for common use by residents. A resident shall use an
electric vehicle parking space only when the resident is
charging the electric vehicle.
(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:
Total number
of parking
spaces Minimum number of EVSE-installed spaces Minimum number or percentage of EV-ready spaces Minimum percentage of EV-capable spaces
1-6 1 space 100% --
7-23 1 space 20% 40%
24+ 1 space 5 spaces 40%

SB0040 - 8 - LRB103 04654 LNS 49662 b
Required EVSE-installed spaces and EV-ready spaces count
toward meeting the required percentage of EV-capable spaces;
for example, for lots with 20% EV-ready spaces, an additional
20% of spaces would need to be EV-capable.
The following shall apply for building permits issued 5
years after the effective date of this Act, unless additional
requirements are set forth in a subsequently adopted building
code, for a new construction large multifamily residence that
qualifies as an affordable housing development:
Total number
of parking
spaces Minimum number of EVSE-installed spaces Minimum number or percentage of EV-ready spaces Minimum percentage of EV-capable spaces
1-6 1 space 100% --
7-23 1 space 20% 50%
24+ 1 space 5 spaces 50%
Required EVSE-installed spaces and EV-ready spaces count
toward meeting the required percentage of EV-capable spaces;
for example, for lots with 20% EV-ready spaces, an additional
30% of spaces would need to be EV-capable.
The following shall apply for building permits issued 10
years after the effective date of this Act, unless additional
requirements are set forth in a subsequently adopted building
code, for a new construction large multifamily residence that

SB0040 - 9 - LRB103 04654 LNS 49662 b
qualifies as an affordable housing development:
Total number
of parking
spaces Minimum number of EVSE-installed spaces Minimum number or percentage of EV-ready spaces Minimum percentage of EV-capable spaces
1-6 1 space 100% --
7-23 1 space 20% 70%
24+ 1 space 5 spaces 70%
Required EVSE-installed spaces and EV-ready spaces count
toward meeting the required percentage of EV-capable spaces;
for example, for lots with 20% EV-ready spaces, an additional
50% of spaces would need to be EV-capable.
(c) An existing multi-unit residential building subject to
an association that undertakes a capital maintenance, repair,
replacement, or improvement project related to electrical
power infrastructure, when such project constitutes renovated
as defined in this Act, shall be required to upgrade or install
electrical panel capacity for dedicated branch circuits
sufficient to ensure that the residential building has the
power capacity to become electric vehicle capable as it
relates to the space requirements in subsection (a). When such
capital improvements are undertaken, the required number of
electric vehicle capable designated circuits may be reduced to
reflect what is possible within the residential building using
existing power capacities, including use of existing all

SB0040 - 10 - LRB103 04654 LNS 49662 b
electrical panels suitable for electric vehicle charging at
208-volt or 240-volt AC plugs and any power transformation of
existing power from higher voltages to voltages suitable for
electric vehicle charging and the addition of associated new
electrical panels suitable for electric vehicle charging.
Under these circumstances the residential building is not
required to increase the existing utility power supply into
the building to meet the space requirements in subsection (a).
(d) A renovated large multifamily residential building
that qualifies as an affordable housing development is subject
to requirements in subparagraph (c) if more than 25% of
parking spaces are substantially modified.
(e) An accessible parking space is not required by this
Section if no accessible parking spaces are required by the
local zoning code. For the first required accessible EV-ready
or EVSE-installed parking space, the electric vehicle supply
equipment infrastructure may be located so that the electric
vehicle supply equipment will be located on an accessible
route and may be shared by an accessible parking space and a
parking space not required to be accessible. Otherwise, both
an accessible parking space and a parking space not required
to be accessible must be EV-ready or EVSE-installed. Residents
authorized to use an accessible parking space shall not be
required to charge an electric vehicle to use the parking
space.

SB0040 - 11 - LRB103 04654 LNS 49662 b
Section 30. Electric vehicle charging station 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 station 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
station. Any electric vehicle charging station 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 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

SB0040 - 12 - LRB103 04654 LNS 49662 b
an electric vehicle charging station, 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 station 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 station 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 station;
(B) engage a licensed and insured electrical
contractor to install the electric vehicle charging

SB0040 - 13 - LRB103 04654 LNS 49662 b
station. 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 station; 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 station.
(2) The unit owner, and each successive unit owner of
the electric vehicle charging station, is responsible for:
(A) 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;
(B) costs for the maintenance, repair, and
replacement of the electric vehicle charging station

SB0040 - 14 - LRB103 04654 LNS 49662 b
until it has been removed, and for the restoration of
the common area after removal;
(C) costs of electricity associated with the
charging station, which shall be based on:
(i) a 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 station 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
station, whether the electric vehicle charging station 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 station shall
provide the association with the corresponding certificate
of insurance within 14 days after approval of the

SB0040 - 15 - LRB103 04654 LNS 49662 b
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 station 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 station 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 station.
(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 $1,000.
(i) In any action by a unit owner requesting to have an

SB0040 - 16 - LRB103 04654 LNS 49662 b
electric vehicle charging station installed and seeking to
enforce compliance with this Section, the court shall award
reasonable attorney's fees to a prevailing plaintiff.
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 or 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; or
(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;

SB0040 - 17 - LRB103 04654 LNS 49662 b
(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
in an area accessible to other tenants if:

SB0040 - 18 - LRB103 04654 LNS 49662 b
(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.

SB0040 - 19 - LRB103 04654 LNS 49662 b
(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 inexpensive 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,

SB0040 - 20 - LRB103 04654 LNS 49662 b
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

SB0040 - 21 - LRB103 04654 LNS 49662 b
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.