Public Act 103-0053

SB0040 Enrolled 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 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.