Bill Text: IL SB2597 | 2023-2024 | 103rd General Assembly | Introduced

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

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Bill Title: Amends the Electric Vehicle Charging Act. Provides that the provisions of the Act shall not apply to any non-profit organization described in specified provisions of the Internal Revenue Code of 1986 or to any other developer, association, or entity that administers a program to fund and construct tiny homes for veterans who are homeless or at risk of homelessness and in need of secure, long-term affordable housing. Provides that every county and municipality which has the power to issue building permits and otherwise control the construction of buildings shall require by ordinance that an applicant seeking a building permit to construct tiny homes for at-risk veterans must include with the permit application a completed and signed affidavit stating that all buildings constructed under the permit are designated for the exclusive use of qualifying veterans who are homeless or at risk of homelessness and in need of secure, long-term affordable housing. Prohibits counties and municipalities, including home rule units, from adopting any building code or ordinance that requires EV-capable parking spaces for tiny homes constructed for the purpose of providing affordable housing for at-risk veterans. Limits the concurrent exercise of home rule powers. Defines terms. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 25-6)

Status: (Engrossed) 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB2597 Detail]

Download: Illinois-2023-SB2597-Introduced.html

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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
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.
LRB103 34208 KTG 64031 b
A BILL FOR
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AN ACT concerning property.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Electric Vehicle Charging Act is amended by
changing Sections 15, 20, and 25 and by by adding Section 40 as
follows:
(765 ILCS 1085/15)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 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

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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.

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"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

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be used to support charging in adjacent EV-capable spaces. For
purposes of this Act, "EV-capable" "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

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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.
"Tiny home" means an individual housing unit of no more
than 800 square feet.
(Source: P.A. 103-53, eff. 1-1-24.)
(765 ILCS 1085/20)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 20. EV-capable parking space requirement.
(a) Except as otherwise provided in subsection (b), a A
new single-family residence or a small multifamily residence
shall have at least one EV-capable parking space for each

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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.
(b) The requirements under subsection (a) shall not apply
to a new single-family residence or tiny home that is
specifically constructed for a veteran. No county or
municipality, including a home rule unit, shall adopt any
building code or ordinance that requires a new single-family
residence or tiny home that is specifically constructed for
veterans to have an EV-capable parking space for each
residential unit. This subsection is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 103-53, eff. 1-1-24.)
(765 ILCS 1085/25)
(This Section may contain text from a Public Act with a

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delayed effective date)
Sec. 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 retrofit retro-fit the parking
lot or facility with the necessary conduit and wiring.
(b) Except as otherwise provided in subsection (c), the
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

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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.
(c) The requirements under subsection (b) shall not apply
to a new construction single-family residence or tiny home
that is specifically constructed for a veteran and qualifies
as an affordable housing development. No county or
municipality, including a home rule unit, shall adopt any
building code or ordinance that requires a new construction
single-family residence or tiny home that is specifically
constructed for a veteran and qualifies as an affordable
housing development to have an EV-capable parking space for
each residential unit. This subsection is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(d) An accessible parking space is not required by this
Section if no accessible parking spaces are required by the
local zoning code.

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(Source: P.A. 103-53, eff. 1-1-24.)
Section 99. Effective date. This Act takes effect upon
becoming law.