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


Bill Title: 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.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced) 2024-02-09 - Added as Co-Sponsor Sen. Sue Rezin [SB2597 Detail]

Download: Illinois-2023-SB2597-Introduced.html


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.
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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,
3represented in the General Assembly:
4 Section 5. The Electric Vehicle Charging Act is amended by
5changing Sections 15, 20, and 25 and by by adding Section 40 as
6follows:
7 (765 ILCS 1085/15)
8 (This Section may contain text from a Public Act with a
9delayed effective date)
10 Sec. 15. Definitions. As used in this Act:
11 "Affordable housing development" means (i) any housing
12that is subsidized by the federal or State government or (ii)
13any housing in which at least 20% of the dwelling units are
14subject to covenants or restrictions that require that the
15dwelling units to be sold or rented at prices that preserve
16them as affordable housing for a period of at least 10 years.
17 "Association" has the meaning set forth in subsection (o)
18of Section 2 of the Condominium Property Act or Section 1-5 of
19the Common Interest Community Association Act, as applicable.
20 "Electric vehicle" means a vehicle that is exclusively
21powered by and refueled by electricity, plugs in to charge,
22and is licensed to drive on public roadways. "Electric
23vehicle" does not include electric mopeds, electric

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1off-highway vehicles, hybrid electric vehicles, or
2extended-range electric vehicles that are equipped, fully or
3partially, with conventional fueled propulsion or auxiliary
4engines.
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
21conductor, including an ungrounded, grounded, and equipment
22grounding conductor, and electric vehicle connectors,
23attachment plugs, and all other fittings, devices, power
24outlets, and apparatuses installed specifically for the
25purpose of transferring energy between the premises wiring and
26the electric vehicle.

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1 "EV-capable" means parking spaces that have the electrical
2panel capacity and conduit installed during construction to
3support future implementation of electric vehicle charging
4with 208-volt or 240-volt or greater, 40-ampere or greater
5circuits. Each EV-capable space shall feature a continuous
6raceway or cable assembly installed between an enclosure or
7outlet located within 3 feet of the EV-capable space and a
8suitable panelboard or other onsite electrical distribution
9equipment. The electrical distribution equipment to which the
10raceway or cable assembly connects shall have sufficient
11dedicated space and spare electrical capacity for a 2-pole
12circuit breaker or set of fuses. Reserved capacity shall be no
13less than 40A 208/240V for each EV-capable space unless
14EV-capable spaces will be controlled by an energy management
15system providing load management in accordance with NFPA 70,
16shall have a minimum capacity of 4.1 kilovolt-ampere per
17space, or have a minimum capacity of 2.7 kilovolt-ampere per
18space when all of the parking spaces are designed to be
19EV-capable spaces, EV-ready spaces, or EVSE-installed spaces.
20The electrical enclosure or outlet and the electrical
21distribution equipment directory shall be marked "For future
22electric vehicle supply equipment (EVSE)." This strategy
23ensures the reduction of up-front costs for electric vehicle
24charging station installation by providing the electrical
25elements that are difficult to install during a retrofit.
26Anticipating the use of dual-head EVSE, the same circuit may

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1be used to support charging in adjacent EV-capable spaces. For
2purposes of this Act, "EV-capable" "EV capable" shall not be
3construed to require a developer or builder to install or run
4wire or cable from the electrical panel through the conduit or
5raceway to the terminus of the conduit.
6 "EV-ready" means parking spaces that are provided with a
7branch circuit and either an outlet, junction box, or
8receptacle that will support an installed EVSE. Each branch
9circuit serving EV-ready spaces shall terminate at an outlet
10or enclosure, located within 3 feet of each EV-ready space it
11serves. The panelboard or other electrical distribution
12equipment directory shall designate the branch circuit as "For
13electric vehicle supply equipment (EVSE)" and the outlet or
14enclosure shall be marked "For electric vehicle supply
15equipment (EVSE)." The capacity of each branch circuit serving
16multiple EV-ready spaces designed to be controlled by an
17energy management system providing load management in
18accordance with NFPA 70, shall have a minimum capacity of 4.1
19kilovolt-ampere per space, or have a minimum capacity of 2.7
20kilovolt-ampere per space when all of the parking spaces are
21designed to be EV-capable spaces, EV-ready spaces, or EVSE
22spaces.
23 "EVSE-installed" means electric vehicle supply equipment
24that is fully installed from the electrical panel to the
25parking space.
26 "Large multifamily residence" means a single residential

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1building that accommodates 5 families or more.
2 "Level 1" means a 120-volt 20-ampere minimum branch
3circuit.
4 "Level 2" means a 208-volt to 240-volt 40-ampere branch
5circuit.
6 "New" means newly constructed.
7 "Reasonable restriction" means a restriction that does not
8significantly increase the cost of the electric vehicle
9charging station or electric vehicle charging system or
10significantly decrease its efficiency or specified
11performance.
12 "Single-family residence" means a detached single-family
13residence on a single lot.
14 "Small multifamily residence" means a single residential
15building that accommodates 2 to 4 families.
16 "Tiny home" means an individual housing unit of no more
17than 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
21delayed effective date)
22 Sec. 20. EV-capable parking space requirement.
23 (a) Except as otherwise provided in subsection (b), a A
24new single-family residence or a small multifamily residence
25shall have at least one EV-capable parking space for each

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1residential unit that has dedicated parking, unless any
2subsequently adopted building code requires additional
3EV-capable parking spaces, EV-ready parking spaces, or
4installed EVSE. A new single-family residence or small
5multifamily residence that qualifies as an affordable housing
6development shall have one EV-capable parking space for each
7code-required parking space if the owner is issued a building
8permit 24 months after the effective date of this Act. Where
9code-required parking exceeds one parking space per dwelling
10unit, only one parking space per dwelling unit is required to
11be EV-capable.
12 (b) The requirements under subsection (a) shall not apply
13to a new single-family residence or tiny home that is
14specifically constructed for a veteran. No county or
15municipality, including a home rule unit, shall adopt any
16building code or ordinance that requires a new single-family
17residence or tiny home that is specifically constructed for
18veterans to have an EV-capable parking space for each
19residential unit. This subsection is a limitation under
20subsection (i) of Section 6 of Article VII of the Illinois
21Constitution on the concurrent exercise by home rule units of
22powers 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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1delayed effective date)
2 Sec. 25. Residential requirements.
3 (a) All building permits issued 90 days after the
4effective date of this Act shall require a new, large
5multifamily residential building or a large multifamily
6residential building being renovated by a developer converting
7the property to an association to have 100% of its total
8parking spaces EV-capable. However, nothing in this Act shall
9be construed to require that in the case of a developer
10converting the property to an association, no EV-capable or
11EV-ready mandate shall apply if it would necessitate the
12developer having to excavate an existing surface lot or other
13parking facility in order to retrofit retro-fit the parking
14lot or facility with the necessary conduit and wiring.
15 (b) Except as otherwise provided in subsection (c), the
16The following requirements and timelines shall apply for
17affordable housing. A new construction single-family residence
18or small multifamily residence that qualifies as an affordable
19housing development under the same project ownership and is
20located on a campus with centralized parking areas is subject
21to the requirements and timelines below.
22 All building permits issued 24 months after the effective
23date of this Act shall require a new construction large
24multifamily residence that qualifies as an affordable housing
25development to have the following, unless additional
26requirements are required under a subsequently adopted

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1building 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
12to a new construction single-family residence or tiny home
13that is specifically constructed for a veteran and qualifies
14as an affordable housing development. No county or
15municipality, including a home rule unit, shall adopt any
16building code or ordinance that requires a new construction
17single-family residence or tiny home that is specifically
18constructed for a veteran and qualifies as an affordable
19housing development to have an EV-capable parking space for
20each residential unit. This subsection is a limitation under
21subsection (i) of Section 6 of Article VII of the Illinois
22Constitution on the concurrent exercise by home rule units of
23powers and functions exercised by the State.
24 (d) An accessible parking space is not required by this
25Section if no accessible parking spaces are required by the
26local 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
3becoming law.
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