SB3051 102ND GENERAL ASSEMBLY

LRB102 23380 RAM 32548 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3051

Introduced 1/5/2022, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

New Act

Creates the In-home Electric Vehicle Charging Infrastructure Act. Provides that if the construction of one or more new housing units or major renovations will include at least one garage, carport, or driveway for each housing unit, the builder or the builder's agent shall provide each buyer, prospective buyer, or homeowner with the option to include either an electric vehicle charging station capable of at least level 2 charging or equipment to support the later addition of a such a charging station in or on the garage, carport, or driveway. Requires a builder to give a buyer or homeowner notice of this requirement along with information on available rebate programs for installing an electric charging station. Requires the buyer or homeowner to provide notice of receipt. Provides a private right of action for persons aggrieved by a violation of the Act. Effective July 1, 2022.

A BILL FOR

AN ACT concerning civil law.

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 In-home Electric Vehicle Charging Infrastructure Act.

Section 5. Definitions. In this Act:

"Electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, must be plugged in to charge, and is licensed to drive on public roadways.

"Electric vehicle charging station" means a station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles.

"Level 2 charging" means that the charging capability of the electric vehicle charging station:

(1) includes the ability to charge a battery or any other energy storage device in an electric vehicle through mean means of an alternating current electrical service with a minimum of 208 volts; and

(2) meets applicable industry safety standards.

"Major renovation" means a project with a construction budget that equals 40% or more of the building's current replacement cost.

Section 10. In-home electric vehicle charging.

(a) If the construction of one or more new housing units or major renovation will include at least one garage, carport, or driveway for each housing unit, the builder or the builder's agent shall provide each buyer, prospective buyer, or homeowner with the option to include in or on the garage, carport, or driveway:

(1) an electric vehicle charging station capable of providing at least level 2 charging; or

(2) a dedicated electric line of sufficient voltage to support the later addition of an electric vehicle of an electric vehicle charging station capable of providing at least level 2 charging.

(b) The requirement in subsection (a) applies only to the construction of new housing units or major renovation of existing housing units in either single-family detached homes or townhouse units.

(c) The builder or builder's agent shall give to each buyer, prospective buyer, or homeowner:

(1) notice of the options listed in subsection (a); and

(2) specific information about any available rebate programs related to the purchase or installation of an electric vehicle charging station.

(d) The buyer, prospective buyer, or homeowner shall provide a physical or electronic signature indicating that the buyer, prospective buyer, or homeowner has received the options and information listed in subsection (c)

Section 15. Enforcement. A buyer, prospective buyer, or homeowner aggrieved by a violation of this Act may bring an action in the circuit court of the county in which the housing unit is located to recover actual damages or $1,000, whichever is greater. The court shall award reasonable attorney's fees to a prevailing plaintiff. The court may, in its discretion, award punitive damages and any other equitable relief it deems appropriate. Any action arising under this Act shall be commenced within 2 years after the date of the alleged violation.

Section 20. Applicability. This Act only applies prospectively and may not be applied or interpreted to have any effect on or application to any new construction or major renovation for which a building permit is issued before the effective date of this Act.

Section 99. Effective date. This Act takes effect July 1, 2022.