SB0040sam001 103RD GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 3/2/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 40

2    AMENDMENT NO. ______. Amend Senate Bill 40 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Electric Vehicle Charging Act.
 
6    Section 5. Legislative intent. Electric vehicles are an
7important tool to fight the climate crisis, tackle air
8pollution, and provide safe, clean, and affordable personal
9transportation. The State should encourage urgent and
10widespread adoption of electric vehicles. Since most current
11electric vehicle owners are single-family homeowners who
12charge at home, providing access to home charging for those in
13multi-unit dwellings is crucial to wider electric vehicle
14adoption. This includes small multifamily residences and
15condominium unit owners and renters, regardless of parking
16space ownership and regardless of income. Therefore, a

 

 

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1significant portion of parking spaces in new and renovated
2residential developments shall be capable of electric vehicle
3charging. Additionally, renters and condominium unit owners
4shall be able to install charging equipment for electric
5vehicles under reasonable conditions.
 
6    Section 10. Applicability. This Act applies to newly
7constructed single-family homes and multi-unit residential
8buildings that have parking spaces and are constructed after
9the effective date of this Act.
 
10    Section 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
24off-highway vehicles, hybrid electric vehicles, or

 

 

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1extended-range electric vehicles that are equipped, fully or
2partially, with conventional fueled propulsion or auxiliary
3engines.
4    "Electric vehicle charging system" means a device that is:
5        (1) used to provide electricity to an electric
6    vehicle;
7        (2) designed to ensure that a safe connection has been
8    made between the electric grid and the electric vehicle;
9    and
10        (3) able to communicate with the vehicle's control
11    system so that electricity flows at an appropriate voltage
12    and current level. An electric vehicle charging system may
13    be wall mounted or pedestal style, may provide multiple
14    cords to connect with electric vehicles, and shall:
15            (i) be certified by Underwriters Laboratories or
16        have been granted an equivalent certification; and
17            (ii) comply with the current version of Article
18        625 of the National Electrical Code.
19    "Electric vehicle supply equipment" or "EVSE" means a
20conductor, including an ungrounded, grounded, and equipment
21grounding conductor, and electric vehicle connectors,
22attachment plugs, and all other fittings, devices, power
23outlets, and apparatuses installed specifically for the
24purpose of transferring energy between the premises wiring and
25the electric vehicle.
26    "EV-capable" means parking spaces that have the electrical

 

 

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

 

 

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1    "EV-ready" means parking spaces that are provided with a
2branch circuit and either an outlet, junction box, or
3receptacle that will support an installed EVSE. Each branch
4circuit serving EV-ready spaces shall terminate at an outlet
5or enclosure, located within 3 feet of each EV-ready space it
6serves. The panelboard or other electrical distribution
7equipment directory shall designate the branch circuit as "For
8electric vehicle supply equipment (EVSE)" and the outlet or
9enclosure shall be marked "For electric vehicle supply
10equipment (EVSE)." The capacity of each branch circuit serving
11multiple EV-ready spaces designed to be controlled by an
12energy management system providing load management in
13accordance with NFPA 70, shall have a minimum capacity of 4.1
14kilovolt-ampere per space, or have a minimum capacity of 2.7
15kilovolt-ampere per space when all of the parking spaces are
16designed to be EV-capable spaces, EV-ready spaces, or EVSE
17spaces.
18    "EVSE-installed" means electric vehicle supply equipment
19that is fully installed from the electrical panel to the
20parking space.
21    "Large multifamily residence" means a single residential
22building that accommodates 5 families or more.
23    "Level 1" means a charging system that provides charging
24through a 120-volt EVSE that meets the SAE International J1772
25or J2954 standard or successor standards.
26    "Level 2" means a charging system that provides charging

 

 

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1through a 208-volt to 240-volt EVSE that meets the SAE
2International J1772 or J2954 standard or successor standards.
3    "New" means newly constructed.
4    "Reasonable restriction" means a restriction that does not
5significantly increase the cost of the electric vehicle
6charging station or electric vehicle charging system or
7significantly decrease its efficiency or specified
8performance.
9    "Single-family residence" means a detached single-family
10residence on a single lot.
11    "Small multifamily residence" means a single residential
12building that accommodates 2 to 4 families.
 
13    Section 20. EV-capable parking space requirement. A new
14single-family residence or a small multifamily residence shall
15have at least one EV-capable parking space for each
16residential unit that has dedicated parking, unless any
17subsequently adopted building code requires additional
18EV-capable parking spaces, EV-ready parking spaces, or
19installed EVSE. A new single-family residence or small
20multifamily residence that qualifies as an affordable housing
21development shall have one EV-capable parking space for each
22code-required parking space if the owner is issued a building
23permit 24 months after the effective date of this Act. Where
24code-required parking exceeds one parking space per dwelling
25unit, only one parking space per dwelling unit is required to

 

 

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1be EV-capable.
 
2    Section 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.
9    (b) The following requirements and timelines shall apply
10for affordable housing. A new construction single-family
11residence or small multifamily residence that qualifies as an
12affordable housing development under the same project
13ownership and is located on a campus with centralized parking
14areas is subject to the requirements and timelines below.
15    All building permits issued 24 months after the effective
16date of this Act shall require a new construction large
17multifamily residence that qualifies as an affordable housing
18development to have the following, unless additional
19requirements are required under a subsequently adopted
20building code:
21        (1) For permits issued 24 months after the effective
22    date of this Act, a minimum of 40% EV-capable parking
23    spaces.
24        (2) For permits issued 5 years after the effective
25    date of this Act, a minimum of 50% EV-capable parking

 

 

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1    spaces.
2        (3) For permits issued 10 years after the effective
3    date of this Act, a minimum of 70% EV-capable parking
4    spaces.
5    (d) An accessible parking space is not required by this
6Section if no accessible parking spaces are required by the
7local zoning code.
 
8    Section 30. Electric vehicle charging system policy for
9unit owners.
10    (a) Any covenant, restriction, or condition contained in
11any deed, contract, security interest, or other instrument
12affecting the transfer or sale of any interest in a
13condominium or common interest community, and any provision of
14a governing document that effectively prohibits or
15unreasonably restricts the installation or use of an electric
16vehicle charging system within a unit owner's unit or a
17designated parking space, including, but not limited to, a
18deeded parking space, a parking space in a unit owner's
19exclusive use common area, or a parking space that is
20specifically designated for use by a particular unit owner, or
21is in conflict with this Section, is void and unenforceable.
22    (b) This Section does not apply to provisions that impose
23a reasonable restriction on an electric vehicle charging
24system. Any electric vehicle charging system installed by a
25unit owner pursuant to this Section is the property of that

 

 

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1unit owner and in no case will be deemed a part of the common
2elements or common area.
3    (c) An electric vehicle charging system shall meet
4applicable health and safety standards and requirements
5imposed by State and local authorities and all other
6applicable zoning, land use, or other ordinances or land use
7permits.
8    (d) If approval is required for the installation or use of
9an electric vehicle charging system, the association shall
10process and approve the application in the same manner as an
11application for approval of an alteration, modification, or
12improvement to common elements or common areas or an
13architectural modification to the property, and the
14association shall not unreasonably delay the approval or
15denial of the application. The approval or denial of an
16application shall be in writing. If an application is not
17denied in writing within 60 days from the date of the receipt
18of the application, the application shall be deemed approved
19unless the delay is the result of a reasonable request for
20additional information.
21    (e) If the electric vehicle charging system is to be
22placed in a common area or exclusive use common area, as
23designated by the condominium or common interest community
24association, the following applies:
25        (1) The unit owner shall first obtain prior written
26    approval from the association to install the electric

 

 

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1    vehicle charging system and the association shall approve
2    the installation if the unit owner agrees, in writing, to:
3            (A) comply with the association's architectural
4        standards or other reasonable conditions and
5        restrictions for the installation of the electric
6        vehicle charging system;
7            (B) engage a licensed and insured electrical
8        contractor to install the electric vehicle charging
9        system. The electrical contractor shall name the
10        association, its officers, directors, and agents as
11        additional insured and shall provide a certificate of
12        insurance to the association evidencing such
13        additional insured status;
14            (C) within 14 days after approval, provide a
15        certificate of insurance that names the association,
16        its officers, directors, and agents as an additional
17        insured party under the unit owner's insurance policy
18        as required under paragraph (3);
19            (D) pay for both the costs associated with the
20        installation of and the electricity usage associated
21        with the electric vehicle charging system; and
22            (E) be responsible for damage to the common
23        elements or common areas or other units resulting from
24        the installation, use, and removal of the electric
25        vehicle charging system.
26        (2) The unit owner, and each successive unit owner of

 

 

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1    the electric vehicle charging system, is responsible for:
2            (A) costs for damage to the electric vehicle
3        charging system, common area, exclusive use common
4        area, or separate interests resulting from the
5        installation, maintenance, repair, removal, or
6        replacement of the electric vehicle charging system;
7            (B) costs for the maintenance, repair, and
8        replacement of the electric vehicle charging system
9        until it has been removed, and for the restoration of
10        the common area after removal;
11            (C) costs of electricity associated with the
12        charging system, which shall be based on:
13                (i) an embedded submetering device; or
14                (ii) a reasonable calculation of cost, based
15            on the average miles driven, efficiency of the
16            electric vehicle calculated by the United States
17            Environmental Protection Agency, and the cost of
18            electricity for the common area; and
19            (D) disclosing to a prospective buyer the
20        existence of any electric vehicle charging system of
21        the unit owner and the related responsibilities of the
22        unit owner under this Section.
23        (3) The purpose of the costs under paragraph (2) is
24    for the reasonable reimbursement of electricity usage and
25    shall not be set to deliberately exceed the reasonable
26    reimbursement.

 

 

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1        (4) The unit owner of the electric vehicle charging
2    system, whether the electric vehicle charging system is
3    located within the common area or exclusive use common
4    area, shall, at all times, maintain a liability coverage
5    policy. The unit owner that submitted the application to
6    install the electric vehicle charging system shall provide
7    the association with the corresponding certificate of
8    insurance within 14 days after approval of the
9    application. The unit owner, and each successive unit
10    owner, shall provide the association with the certificate
11    of insurance annually thereafter.
12        (5) A unit owner is not required to maintain a
13    homeowner liability coverage policy for an existing
14    National Electrical Manufacturers Association standard
15    alternating current power plug.
16    (f) Except as provided in subsection (g), the installation
17of an electric vehicle charging system for the exclusive use
18of a unit owner in a common area that is not an exclusive use
19common area may be authorized by the association, subject to
20applicable law, only if installation in the unit owner's
21designated parking space is impossible or unreasonably
22expensive. In such an event, the association shall enter into
23a license agreement with the unit owner for the use of the
24space in a common area, and the unit owner shall comply with
25all of the requirements in subsection (e).
26    (g) An association may install an electric vehicle

 

 

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1charging system in the common area for the use of all unit
2owners and members of the association. The association shall
3develop appropriate terms of use for the electric vehicle
4charging system.
5    (h) An association that willfully violates this Section
6shall be liable to the unit owner for actual damages and shall
7pay a civil penalty to the unit owner not to exceed $1,000.
8    (i) In any action by a unit owner requesting to have an
9electric vehicle charging system installed and seeking to
10enforce compliance with this Section, the court shall award
11reasonable attorney's fees to a prevailing plaintiff.
 
12    Section 35. Electric vehicle charging system policy for
13renters.
14    (a) Notwithstanding any provision in the lease to the
15contrary and subject to subsection (b):
16        (1) a tenant may install, at the tenant's expense for
17    the tenant's own use, a level 1 or level 2 electric vehicle
18    charging system on or in the leased premises;
19        (2) a landlord shall not assess or charge a tenant any
20    fee for the placement or use of an electric vehicle
21    charging system, except that:
22            (A) the landlord may:
23                (i) require reimbursement for the actual cost
24            of electricity provided by the landlord that was
25            used by the electric vehicle charging system; or

 

 

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1                (ii) charge a reasonable fee for access. If
2            the electric vehicle charging system is part of a
3            network for which a network fee is charged, the
4            landlord's reimbursement may include the amount of
5            the network fee. Nothing in this subparagraph
6            requires a landlord to impose upon a tenant a fee
7            or charge other than the rental payments specified
8            in the lease;
9            (B) the landlord may require reimbursement for the
10        cost of the installation of the electric vehicle
11        charging system, including any additions or upgrades
12        to existing wiring directly attributable to the
13        requirements of the electric vehicle charging system,
14        if the landlord places or causes the electric vehicle
15        charging system to be placed at the request of the
16        tenant; and
17            (C) if the tenant desires to place an electric
18        vehicle charging system in an area accessible to other
19        tenants, the landlord may assess or charge the tenant
20        a reasonable fee to reserve a specific parking space
21        in which to install the electric vehicle charging
22        system.
23    (b) A landlord may require a tenant to comply with:
24        (1) bona fide safety requirements consistent with an
25    applicable building code or recognized safety standard for
26    the protection of persons and property;

 

 

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1        (2) a requirement that the electric vehicle charging
2    system be registered with the landlord within 30 days
3    after installation; or
4        (3) reasonable aesthetic provisions that govern the
5    dimensions, placement, or external appearance of an
6    electric vehicle charging system.
7    (c) A tenant may place an electric vehicle charging system
8if:
9        (1) the electric vehicle charging system is in
10    compliance with all applicable requirements adopted by a
11    landlord under subsection (b); and
12        (2) the tenant agrees, in writing, to:
13            (A) comply with the landlord's design
14        specifications for the installation of an electric
15        vehicle charging system;
16            (B) engage the services of a duly licensed and
17        registered electrical contractor familiar with the
18        installation and code requirements of an electric
19        vehicle charging system; and
20            (C) provide, within 14 days after receiving the
21        landlord's consent for the installation, a certificate
22        of insurance naming the landlord as an additional
23        insured party on the tenant's renter's insurance
24        policy for any claim related to the installation,
25        maintenance, or use of the electric vehicle charging
26        system or, at the landlord's option, reimbursement to

 

 

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1        the landlord for the actual cost of any increased
2        insurance premium amount attributable to the electric
3        vehicle charging system, notwithstanding any provision
4        to the contrary in the lease. The tenant shall provide
5        reimbursement for an increased insurance premium
6        amount within 14 days after the tenant receives the
7        landlord's invoice for the amount attributable to the
8        electric vehicle charging system.
9    (d) If the landlord consents to a tenant's installation of
10an electric vehicle charging system on property accessible to
11other tenants, including a parking space, carport, or garage
12stall, then, unless otherwise specified in a written agreement
13with the landlord:
14        (1) The tenant, and each successive tenant with
15    exclusive rights to the area where the electric vehicle
16    charging system is installed, is responsible for costs for
17    damages to the electric vehicle charging system and to any
18    other property of the landlord or another tenant resulting
19    from the installation, maintenance, repair, removal, or
20    replacement of the electric vehicle charging system.
21            (A) Costs under this paragraph shall be based on:
22                (i) an embedded submetering device; or
23                (ii) a reasonable calculation of cost, based
24            on the average miles driven, efficiency of the
25            electric vehicle calculated by the United States
26            Environmental Protection Agency, and the cost of

 

 

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1            electricity for the common area.
2            (B) The purpose of the costs under this paragraph
3        is for reasonable reimbursement of electricity usage
4        and shall not be set to deliberately exceed that
5        reasonable reimbursement.
6        (2) Each successive tenant with exclusive rights to
7    the area where the electric vehicle charging system is
8    installed shall assume responsibility for the repair,
9    maintenance, removal, and replacement of the electric
10    vehicle charging system until the electric vehicle
11    charging system is removed.
12        (3) The tenant, and each successive tenant with
13    exclusive rights to the area where the electric vehicle
14    charging system is installed, shall, at all times, have
15    and maintain an insurance policy covering the obligations
16    of the tenant under this subsection and shall name the
17    landlord as an additional insured party under the policy.
18        (4) The tenant, and each successive tenant with
19    exclusive rights to the area where the electric vehicle
20    charging system is installed, is responsible for removing
21    the system if reasonably necessary or convenient for the
22    repair, maintenance, or replacement of any property of the
23    landlord, whether or not leased to another tenant.
24    (e) An electric vehicle charging system installed at the
25tenant's cost is the property of the tenant. Upon termination
26of the lease, if the electric vehicle charging system is

 

 

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1removable, the tenant may either remove it or sell it to the
2landlord or another tenant for an agreed price. Nothing in
3this subsection requires the landlord or another tenant to
4purchase the electric vehicle charging system.
5    (f) A landlord that willfully violates this Section shall
6be liable to the tenant for actual damages, and shall pay a
7civil penalty to the tenant in an amount not to exceed $1,000.
8    (g) In any action by a tenant requesting to have an
9electric vehicle charging system installed and seeking to
10enforce compliance with this Section, the court shall award
11reasonable attorney's fees to a prevailing plaintiff.
12    (h) A tenant whose landlord is an owner in an association
13and who desires to install an electric vehicle charging
14station must obtain approval to do so through the tenant's
15landlord or owner and in accordance with those provisions of
16this Act applicable to associations.".