SB2597 103RD GENERAL ASSEMBLY

LRB103 34208 KTG 64031 b

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.

A BILL FOR

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 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" "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.

"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 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 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 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.

(Source: P.A. 103-53, eff. 1-1-24.)

Section 99. Effective date. This Act takes effect upon becoming law.