HB3754 97TH GENERAL ASSEMBLY

LRB097 10261 ASK 52665 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3754

Introduced , by Rep. Karen May

SYNOPSIS AS INTRODUCED:

See Index

Creates the Electric Vehicle Infrastructure Act. Provides that all regional and local transportation planning organizations in the State shall be invited to collaborate with the transportation electrification industry, the Office of the Governor, the Department of Commerce and Environment Opportunity, the Illinois Environmental Protection Agency, the Citizens Utility Board, environmental and public policy organizations, all electric utilities generating electricity within the State, and certain federal agencies to seek input and to seek all funding for the planning, deployment, and installation of electric vehicle public charging station infrastructure capable of being integrated intelligently with the electrical grid. Provides that municipalities and counties shall require a portion of all private and public parking lots, garages, and on-street parking spaces for the establishment of electric vehicle parking spaces. Sets forth provisions concerning purpose, definitions, planning, public meetings, parking spaces, penalties, public charging station infrastructure standards, the Transportation Electrification Energy Block Grant Fund, and permitting or electrical and building codes. Makes other changes. Amends the State Finance Act. Creates the Transportation Electrification Energy Block Grant Fund. Makes corresponding changes in the Property Tax Code, Public Utilities Act, and the Illinois Vehicle Code. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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 Electric Vehicle Infrastructure Act.

Section 5. Purpose.

(a) The legislature has adopted public policy for the State of Illinois to encourage the use of alternative fuels to power vehicles within Illinois. This policy has encouraged a new generation of mass-produced electric vehicles arriving in 2010 in auto markets that are infrastructure-ready for both home and public charging stations.

(b) The legislature finds that Illinois electric vehicle drivers will need to charge their vehicle batteries at their residences, places of business, or at any number of public and private charging stations. Limited driving distance between battery charges is a fundamental obstacle to broad consumer and industry adoption of electric vehicles powered fully or partially with electricity connected to the electric grid. The legislature finds that developing an electric vehicle public charging station infrastructure is a first and essential step toward the transformation of electric transportation in Illinois. To sustain emission-free driving and attract economic development, there must be uniform, statewide standards to develop a smart grid charging infrastructure to efficiently connect electric vehicles to the electric grid. By 2015, over one million electric plug-in vehicles are expected to be driving on America's roadways, connected to the nation's smart grid.

(c) By supporting the adoption of smart grid electric vehicle parking spaces within Illinois, local communities will set aside emission-free vehicle parking spaces in the vicinity of the entrances to public buildings for the greater enjoyment of clean air, job creation, transferring wealth to Illinois residents, energy independence, fostering car sharing, pedestrian alternatives, mass transit, rail, and other sustainable transportation mobility and clean economic development opportunities.

Section 10. Definitions. As used in this Act:

"Battery exchange station" means a facility that enables an electric vehicle with a swappable battery to exchange the depleted battery with a fully-charged battery through a fully automated process that meets or exceeds any standards, codes, and regulations set forth by this Act and consistent with rules adopted under this Act or otherwise required under State law.

"Commission" means the Illinois Commerce Commission.

"Director" means the Director of Commerce and Economic Opportunity.

"Electric vehicle" has the same meaning as "new qualified plug-in electric drive motor vehicle" under Section 30D of the Internal Revenue Code and shall also mean any car converted to an electrical plug-in vehicle and the conversion process is qualified and approved by the Illinois Secretary of State for licensure. "Electric vehicle" shall also include plug-in hybrid electric vehicles or battery-powered electric vehicles as defined by the U.S. Department of Energy.

"Integrated intelligently with the electrical grid" means possessing the capacity to reduce the electric vehicle's demand for the electricity from the grid during peak times and to enable maximum use of renewable energy sources, base load energy sources, and stored energy during off-peak times that would otherwise be curtailed.

"Electric vehicle charging infrastructure" means structures, machinery, communication, and smart grid equipment necessary to support an energy network capable of being intelligently connected to the grid for electric charging, including battery charging stations and battery exchange stations.

"Level 1" means a charging method that allows an electric vehicle to be connected to the most commonly available grounded electrical outlet (NEMA 5-20) with power levels rated at less than or equal to 120 VAC/20 amps.

"Level 2" means a charging method that allows an electric vehicle to be connected to permanently wired EVSE with a specialized connector (SAE J1772) with power levels rated at less than or equal to 240 VAC/80 amps.

"Fast Charging" means a charging method that allows an electric vehicle to be connected to permanently wired EVSE with direct current service with power levels rated at 480VAC and a 3-phase circuit.

"Public charging station" means an electric energy network that is fully accessible and open to all drivers that connects vehicles for both Level 1 and Level 2 status in each charging station and is capable of being both intelligently connected to the grid and bi-directional by feeding power to or from the grid from all publicly accessible parking garages, lots, and street locations.

"Rapid charging station" means an industrial-grade electrical outlet that allows for faster charging of electric vehicle batteries through higher power levels, exceeding Level 1 and Level 2 charging stations, that meets or exceeds any standards, codes, and regulations set forth by the State and local electrical and building codes.

"Renewable energy" means renewable fuels generating domestic electricity within PJM or MISO regional transmission zones.

"Electric vehicle parking spaces" means reserved parking spots in each municipality or county reserved exclusively for electric-powered vehicles that the owner of public parking spaces on the street, surface parking lot, or garage facilities shall designate and install a public charging station to be prioritized by locating the parking space on a priority basis first in proximity to the reserved handicap spaces to enable handicap drivers full access to charge their electric vehicle and full access to connect the vehicle conveniently to the electric grid.

Section 15. Planning.

(a) All regional and local transportation planning organizations in the State shall be invited to collaborate with the transportation electrification industry, the Department of Commerce and Environment Opportunity, the Illinois Environmental Protection Agency, the Citizens Utility Board, environmental and public policy organizations, the Illinois Commerce Commission, local governments, any local chapters of the Electric Auto Association, all electric utilities generating electricity within the State, all federal agencies with fleets or jurisdiction over environmental matters, and the Office of the Governor to seek regular hearings, Commission dockets, meetings on planning, and federal, State, county, local municipal, or private input and to seek all funding for the planning, deployment, and installation of electric vehicle public charging station infrastructure capable of being integrated intelligently with the electrical grid as determined to be necessary by the Department and the Commission from time to time.

(b) The public hearings and meetings should include the following:

(1) The development of short-term and long-term plans outlining how electric utilities shall collaborate with State, regional, and local government entities, building departments, and private property owners to demonstrate how the electric vehicle public charging infrastructure can be integrated intelligently with the electrical grid and develop open and convenient parking. These plans should include educating, communicating, recommending, and updating as required the standard amounts and ratios of public charging stations required per vehicle. In the interim, a minimum amount of public charging infrastructure integrated intelligently with the electrical grid per community should be determined based on community size and the expected number of electric vehicles that will be driven within a community.

(2) Consultation with State and local building departments to coordinate State standards for new or existing residential, commercial, and industrial buildings to ensure that the appropriate electric circuitry is installed to support electric vehicle infrastructure.

(3) Consultation with local groups representing community workforces, the transportation electrification industry stakeholders within the State, and higher education associations to ensure development of appropriate educational and training opportunities for State citizens in support of the transition of vehicular transportation from combustion to electric vehicles.

(4) Development of a plan for counties and municipalities to implement public and private parking spaces with charging infrastructure integrated intelligently with the electrical grid, and to assign an aggregate minimum of 5% of all public parking spaces within the State of Illinois as electric plug-in ready by December 31, 2011;

(5) development of model ordinances and guidance for local governments for siting and installing electric vehicle public charging station infrastructure, in particular public charging stations installed within electric vehicle parking spaces, battery charging stations, and appropriate handling, recycling, and storage of electric vehicle batteries and equipment.

(c) Priority must be given to the activities in item (5) of subsection (b), and any ordinance or guidance that is developed must be submitted by report to the legislature, the Department, all affected local county and city governments, and all private sector industry associations affected as recommended by the Department prior to December 31, 2011.

Section 20. Business incentives and requirements.

(a) Municipalities and counties shall require a portion of all private and public parking lots, garages, and on-street parking spaces for the establishment of electric vehicle parking spaces as follows:

(1) To facilitate the State's planning for electric vehicle parking spaces, at least 25% of all existing or subsequently created publicly-accessible handicap spaces on a public street, parking lot, or garage shall be connected to the electric grid by a public charging station within 18 months after the effective date of this Act.

(2) All electric vehicle parking spaces shall be painted dark blue and designated clearly marked "Electric Vehicle Parking Only", and the exclusive designation shall be enforced. Private and public owners of multiple parking lots within the State may designate and electrify fewer parking spaces than required in one or more of their owned properties as long as the scheduled requirement is met for aggregate spaces on all owned properties and a sufficient amount of electric vehicle parking spaces are available for employees and the public.

(3) Whenever a handicapped parking space that is required to have a public charging station or has a public charging station as required by this Act adjoins a non-handicapped parking space physically, at least one additional public charging station must be installed on the driver's side of the handicap parking space or spaces for the public's access and usage, or the nearest available non-handicapped space.

(4) When the number of registered electric vehicles in the State reaches 10,000, the spaces designated for electric vehicles shall increase to 2.5% of all parking spaces in public or privately owned parking lots. The number of spaces designated for electric vehicles shall continue to increase by 1% for each additional 10,000 electric vehicles registered in the State until the percentage reaches 20% of all parking spaces on a public street, parking lot, or garage.

For the purposes of this Section, "electric vehicle" means an electric vehicle or neighborhood electric vehicle.

(b) Beginning January 1, 2012, all State agencies, when purchasing new vehicles, shall seek vehicles with reduced dependence on petroleum-based fuels that meet the needs of the agency. Upon availability, at least 25% of all new vehicles purchased or leased by a State agency shall be new, converted, or retrofitted all-electric vehicles, plug-in electric-hybrids, or range-extender electric vehicles or hydrogen or fuel cell vehicles.

(c) Within 18 months after the effective date of this Act, all public, private, and government parking facilities available for use by the public containing 50 or more parking spaces ("major parking facilities") shall be required to replace their existing utility grade meter with an AMI bi-directional smart meters.

The major parking facilities shall purchase 100% of the electricity from the AMI meter to power the garage or parking lot from:

(1) renewable energy or renewable energy credits, for all parking garages and parking lots within the State; or

(2) renewable energy credits equal to the energy consumed that are no more than 110% of the facility's utility provider default rate, and shall be described as "GREEN FUEL ENERGY FACILITIES" that are considered as a necessary and integral part of the solar energy system when purchasing solar energy generated electricity and shall be exempt pursuant to Section 10-5 of the Property Tax Code.

To the extent that the price for the GREEN FUEL ENERGY FACILITIES cost exceeds 110% of the utility default rate, the facility may reduce the percentage of renewable power or RECs to lower the cost to 110% of the facility's utility provider default rate.

The requirements of this Section are intended to help meet the State of Illinois renewable portfolio standards goals and establish a policy for the State of Illinois to plan, demonstrate, and install the necessary parking lot, parking garage, and street-based public charging station infrastructure facilities that will be necessary to support the supply and access of electric power to fuel all the anticipated electric vehicle transportation within the State. It is the policy of the State of Illinois to derive the incremental increase in electric power that will be required to power electric vehicles to utilize the State's domestic fuels to generate electricity including any and all fossil free fuels and all other domestic energy being generated by domestic electricity within PJM or MISO regional transmission zones.

Section 30. Public charging station infrastructure standards.

(a) Each public charging station should be capable of offering diversified levels of electric charging energy including, at a minimum, both Level 1 and Level 2 plug-in charging capabilities. The charging features shall include:

(1) Level 1 and Level 2 public charging stations shall be compliant with the Society of Automotive Engineers (SAE) J1772 standards now in effect and shall be upgraded as these standards are amended from time to time by the industry standards.

(2) "Rapid Charging" or Level 3 charging infrastructure for the home charging and the public use has not yet been widely approved by the auto industry and will continue to be monitored. Therefore, Level 3 charging for PHEVs is not considered requisite for the establishment of a rich charging infrastructure for home and public charging at this time and, as the standards for rapid charging stations application are developed, it is anticipated that the State's infrastructure standards will include Level 3 charging.

(3) The electric vehicle public charging units shall meet recognized industry standards, including the National Electric Code (NEC), the Institute of Electrical and Electronics Engineers (IEEE), the Electric Power Research Institute (EPRI), the Detroit Edison Institute (DTE), the Underwriters Laboratory (UL), the Society of Automotive Engineers (SAE), and the National Institute of Standards and Technology (NIST).

(b) All home and public charging stations shall meet all applicable electric and building codes of the municipality or county where the charging station is installed. All home and public charging stations must be approved and certified to conform to industry standards by Underwriter's Laboratories or other nationally recognized standards associations approved by the Department.

(c) Beginning January 1, 2012, all new construction projects in all municipalities and counties requiring a building permit must designate no less then 5% of the project's available parking spaces for electric vehicle ready parking spaces.

(d) At its discretion, the local permitting authority may temporarily suspend, for no more then 3 months at a time, a reasonable portion of this requirement up to 18 months after the effective date of this Act if there are not sufficient electric vehicles located in their jurisdiction, but shall establish a reasonable percentage or number of electric vehicle charging spaces sufficient to accommodate existing and the expected volume of electric vehicles within their community, however the local building authority shall require improvements at the time of permitting for the rough infrastructure of underground and building piping, conduit, and other service equipment to be installed at the capacity to efficiently expand the electric service to accommodate up to 10% of the parking spaces located within the parking lot, area, or garage.

Section 35. Transportation Electrification Energy Block Grant Fund.

(a) The purpose of this Section shall be for the State of Illinois to establish the most engaged electric vehicle infrastructure coalition of stakeholders and private public partnerships, including, at a minimum the following:

(1) elected and appointed officials from participating State, local, and tribal governments;

(2) all relevant generators and distributors of electricity;

(3) public utility commissions;

(4) departments of environment, public works, and transportation;

(5) owners and operators of property that will be essential to the deployment of a sufficient level of publicly available charging infrastructure (including privately owned parking lots or structures);

(6) plug-in electric drive vehicle manufacturers or retailers;

(7) third-party providers of charging infrastructure or services;

(8) owners of any major fleet that will participate in the program;

(9) as appropriate, owners and opera11tors of regional electric power distribution and transmission facilities;

(10) other existing community coalitions recognized by the Department of Energy and communities that have best demonstrated that the public is likely to embrace plug-in electric drive vehicles, including, but not limited to, representatives of the distributive generation of energy storage, smart grid applications relating to transportation, renewable energy manufactures, and installers of solar, wind, and biomass generation;

(11) the Citizens Utility Board;

(12) national and local environmental groups; and

(13) rental and car charging companies.

(b) There is hereby created in the State treasury the Transportation Electrification Energy Block Grant Fund. The Fund shall be administered and expended by the Department of Commerce and Economic Opportunity, into which shall be deposited:

(1) appropriations made by the legislature;

(2) gifts, grants, and other public and private funds;

(3) any federal funds; and

(4) all interest and revenue of receipts derived from the Fund.

(c) The moneys in the Transportation Electrification Energy Block Grant Fund shall be used by the Illinois Department of Commerce and Economic Opportunity to pay for any administrative, operational, training, and marketing costs associated with the transportation energy transformation grant program to furnish to Illinois citizens the following incentives:

(1) To increase the Illinois EPA Rebate to $7,500 for the first 1,000 electric vehicles.

(2) Provide 50% of the costs of labor and materials for new or retrofitted upgrades to the electrical service in the nature of a permanent improvement to an electrical service panel required for parking lot, parking garage, or home installation of electric vehicle charging infrastructure for home charging as follows:

(A) Grants up to $500 for residential charging stations ($750 for charging station infrastructure capable of being intelligently integrated with the electrical grid for promoting off-peak charging and demand response services).

(B) Grants up to $3,500 for public charging stations only when the charging station infrastructure is capable of being intelligently integrated with the electrical grid for promoting off-peak charging and demand-response services.

(d) The Department shall also provide grants from the Fund for innovative programs that diversify transportation energy resources or that help coordinate activities that will help to diversify transportation energy sources in the State, and in particular car sharing programs, renewable energy attached to charging station installations in parking canopies, batteries and smart grid management systems that integrate energy management between the buildings and the vehicles for grants of 50% of the program costs to cities and counties not to exceed $75,000 for "Sustainable Transportation Electrification Projects" as follows:

(1) applications for grants shall be made by schools, colleges, universities, not-for-profit organizations, private residents, commercial, institutional businesses, cities, tribal agencies, and counties located within the State, to the Department of Commerce and Economic Opportunity are intended to be charged primarily by renewable energy sources for public charging stations that are capable of being integrated intelligently with the electrical grid; or

(2) demonstration projects for electric transportation energy efficiency activities, including projects that integrate renewable energy, smart grid energy systems, energy storage devices such as batteries in the vehicles as well as batteries installed and integrated into the charging stations, and other forms of energy storage supporting the programs that include car sharing of electric vehicles, promoting fleet reduction goals, reducing carbon dioxide and other greenhouse gases, promoting clean air, promoting the use of renewable energy for cleanly fueling electric vehicles within the State, reduction of use of fossil fuels, promoting sustainable electric advancing the use of electric-powered mass transit, electric rail, electric bike, and pedestrian travel through bike pathways, kiosks, solar canopies including batteries, and bi-directional flow of energy systems including associated energy storage capabilities.

(3) A grant may be made to an applicant only if the applicant has:

(A) met the specifications and requirements established by the Director;

(B) filed a completed application form as prescribed by the Director together with all required supporting documentation;

(C) completed the purchase or lease, licensing, and registration of one or more vehicles prior to applying for one or more electric vehicle grants;

(D) provided any other information deemed necessary by the Director; and

(E) met any additional requirements of the grant program as determined by the Director.

(e) The Director shall include information on the Transportation Electrification Energy Block Grant Fund and statistical information on program participation in the Department of Commerce and Economic Opportunity's annual report to the governor and the legislature.

(f) The Director may adopt rules to govern all aspects of the Transportation Electrification Energy Block Grant Fund program.

(g) There are to be established within the Department 2 full-time positions to carry out the purposes of this Section.

Section 40. Open access to plug-in electric vehicles conveniently to the electric grid; defining energy efficiency in transportation and fostering sustainable transportation mobility.

(a) It is the policy of the State of Illinois to provide electric vehicle drivers open and convenient access for all public charging stations to assist all Illinois drivers to be enabled to be intelligently connected to the electric grid and charge the battery for their electric vehicle and to access all other smart grid features.

(b) Municipalities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas and waiver of permit fees.

(c) With regards to any and all energy efficiency programs created, funded, or administered within the State of Illinois, the definition of "eligible costs" for the utility bill financing program, the real estate tax bill program, or other energy efficiency programs funded by the federal, State, municipality, county or other public funding shall include the eligible cost of any new or upgraded electric service, circuitry, wire, conduit, services, or other permanently attached charging connective device or related electrical materials or devices and the reasonable value of the cost of all labor provided by a licensed electrical contractor within the State for the costs of installing all charging connected to the electric service to the building or the property, any and all home or public charging stations as an eligible expense for all energy efficiency work for all permanent installations of home or public charging station devices. Public charging stations must also be capable of being intelligently connected to the electrical grid.

(d) By July 1, 2011 or 18 months after the effective date of this Act, whichever is sooner, the development regulations of any municipal or county jurisdiction under this Act must allow public battery exchange stations, public charging stations, and related stationary energy storage facilities as a permitted zoning use in all public parking lots or garages located in all zoning districts, regulations or areas. Municipalities and counties may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed such as screening, design, and other planning like requirements.

Section 45. Private and public partnership authority.

(a) The General Assembly finds and determines that this Act shall:

(1) reduce and eventually eliminate transportation-induced greenhouse gas emissions in many neighborhoods that have been identified as contributing to global warming, the effects of which pose a threat to public health and safety and the economy of the State of Illinois;

(2) help the State meet its energy needs, keep its economy strong, and protect the environment while reducing its contribution to human-induced greenhouse gas emissions;

(3) facilitate the State's ability to begin transitioning away from oil to utilizing renewable and fossil-free electricity as the fuel for powering Illinois transportation industry and improve the State's security through improved energy independence;

(4) represent a substantial investment of private dollars in Illinois communities combined with the ARRA funds; other grants, tax credits, or loan guaranties; and loans by the Illinois Finance Authority or the federal Department of Energy;

(5) help ensure the long-term viability of Illinois' diverse electrical market as a major energy source in the State and throughout the nation and represents a significant step in the State's efforts to become a self-sufficient, clean energy producer;

(6) provide a variety of opportunities for the State of Illinois to partner with municipalities and counties throughout the State, the adjoining Midwest states, and the federal Department of Energy to foster a network of electric vehicle parking spaces connected to the National Smart Grid Programs;

(7) make the State of Illinois a center of research and likely development of new technologies designed to improve transportation mobility in the area of car sharing, clean air in pedestrian areas, and the development of the efficiency of renewable and required energy storage industry that will be replicated world wide;

(8) be an important clean tech project creating jobs in the State of Illinois during the construction and operational phases, contribute to the overall economy of the State, and help reinvigorate the Illinois economy and, in particular, create micro-grids of energy efficiency throughout the State of Illinois that will lead to innovation, environmental well-being, and economic development for decades; and

(9) to accomplish these public purposes, the State, through the Department, and all municipalities and counties may enter into public-private partnerships that shall be structured by the Department, municipalities, and counties in accordance with commercially-accepted business practices and shall provide for a return to the public municipality, county, or Department upon the return of capital invested for the project and a market rate of return.

(b) The installation of all plug-in electric home and public vehicle charging station equipment shall conform to all applicable building and electrical codes.

(c) The Department, with the associations for the State building departments, shall review industry standards and adopt for Level 1 and Level 2 home charging stations the process of a self-certification permitting process to be performed only by licensed electrical contractors for the installation of home and public charging stations in government, commercial, residential, and public applications. There shall be a review of self-certification processes for home charging if the work is performed by a licensed electrical contractor certified in advance by a municipality or county building department training program and subject to a follow-up inspection by the building department issuing a permit.

(d) Within 90 days after being notified by the Illinois Secretary of State that more than 10 electric vehicles have registered within the municipal or county boundaries, a municipality or county shall establish an expedited permitting process to ensure to Illinois car dealers and their customers a convenient and efficient transition to support the sale of the electric vehicle and simultaneously the permitting, installation, and inspection of a home or public charging station on an expedited basis.

Section 800. The State Finance Act is amended by adding Section 5.786 as follows:

(30 ILCS 105/5.786 new)

Sec. 5.786. The Transportation Electrification Energy Block Grant Fund.

Section 900. The Property Tax Code is amended by changing Section 10-5 as follows:

(35 ILCS 200/10-5)

Sec. 10-5. Solar energy systems; definitions. It is the policy of this State that the use of solar energy systems should be encouraged because they conserve nonrenewable resources, reduce pollution and promote the health and well-being of the people of this State, and should be valued in relation to these benefits.

(a) "Solar energy" means radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

(b) "Solar collector" means

(1) An assembly, structure, or design, including passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy, specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly; or

(2) A mechanism that absorbs solar energy and converts it into electricity; or

(3) A mechanism or process used for gathering solar energy through wind or thermal gradients; or

(4) A component used to transfer thermal energy to a gas, solid, or liquid, or to convert it into electricity.

(c) "Solar storage mechanism" means equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers, or controls thereof, and gases, solids, liquids, or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.

(d) "Solar energy system" means

(1)(A) A complete assembly, structure, or design of solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials;

(B) The design, materials, or elements of a system and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system; and

(C) Any legal, financial, or institutional orders, certificates, or mechanisms, including easements, leases, and agreements, required to ensure continued access to solar energy, its source, or its use in a solar energy system, and including monitoring and educational elements of a demonstration project.

(2) "Solar energy system" does not include

(A) Distribution equipment that is equally usable in a conventional energy system except for those components of the equipment that are necessary for meeting the requirements of efficient solar energy utilization; and

(B) Components of a solar energy system that serve structural, insulating, protective, shading, aesthetic, or other non-solar energy utilization purposes, as defined in the regulations of the Department of Commerce and Economic Opportunity.

(3) The solar energy system shall conform to the standards for those systems established by regulation of the Department of Commerce and Economic Opportunity.

(4) "Solar energy system" includes major parking facilities, as described in subsection (b) of Section 20 of the Electric Vehicle Infrastructure Act, that purchase 100% of the electricity from the AMI meter to power the garage or parking lot from renewable energy credits equal to the energy consumed that are no more than 110% of the facility's utility provider default rate.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 905. The Public Utilities Act is amended by changing Section 3-105 as follows:

(220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)

Sec. 3-105. Public utility.

(a) "Public utility" means and includes, except where otherwise expressly provided in this Section, every corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in:

(1) the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, or light, except when used solely for communications purposes;

(2) the disposal of sewerage; or

(3) the conveyance of oil or gas by pipe line.

(b) "Public utility" does not include, however:

(1) public utilities that are owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State, or public utilities that are owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents;

(2) water companies which are purely mutual concerns, having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person;

(3) electric cooperatives as defined in Section 3-119;

(4) the following natural gas cooperatives:

(A) residential natural gas cooperatives that are not-for-profit corporations established for the purpose of administering and operating, on a cooperative basis, the furnishing of natural gas to residences for the benefit of their members who are residential consumers of natural gas. For entities qualifying as residential natural gas cooperatives and recognized by the Illinois Commerce Commission as such, the State shall guarantee legally binding contracts entered into by residential natural gas cooperatives for the express purpose of acquiring natural gas supplies for their members. The Illinois Commerce Commission shall establish rules and regulations providing for such guarantees. The total liability of the State in providing all such guarantees shall not at any time exceed $1,000,000, nor shall the State provide such a guarantee to a residential natural gas cooperative for more than 3 consecutive years; and

(B) natural gas cooperatives that are not-for-profit corporations operated for the purpose of administering, on a cooperative basis, the furnishing of natural gas for the benefit of their members and that, prior to 90 days after the effective date of this amendatory Act of the 94th General Assembly, either had acquired or had entered into an asset purchase agreement to acquire all or substantially all of the operating assets of a public utility or natural gas cooperative with the intention of operating those assets as a natural gas cooperative;

(5) sewage disposal companies which provide sewage disposal services on a mutual basis without establishing rates or charges for services, but paying the operating expenses by assessment upon the members of the company and no others;

(6) (Blank);

(7) cogeneration facilities, small power production facilities, and other qualifying facilities, as defined in the Public Utility Regulatory Policies Act and regulations promulgated thereunder, except to the extent State regulatory jurisdiction and action is required or authorized by federal law, regulations, regulatory decisions or the decisions of federal or State courts of competent jurisdiction;

(8) the ownership or operation of a facility that sells compressed natural gas at retail to the public for use only as a motor vehicle fuel and the selling of compressed natural gas at retail to the public for use only as a motor vehicle fuel;

(9) alternative retail electric suppliers as defined in Article XVI; and

(10) the Illinois Power Agency.

(b) "Public utility" shall not mean any person who owns, controls, operates, or manages charging stations or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion.

(Source: P.A. 94-738, eff. 5-4-06; 95-481, eff. 8-28-07.)

Section 910. The Illinois Vehicle Code is amended by changing Sections 3-405 and 3-412 and by adding Section 11-1301.9 as follows:

(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)

Sec. 3-405. Application for registration.

(a) Every owner of a vehicle subject to registration under this Code shall make application to the Secretary of State for the registration of such vehicle upon the appropriate form or forms furnished by the Secretary. Every such application shall bear the signature of the owner written with pen and ink and contain:

1. The name, domicile address, as defined in Section 1-115.5 of this Code, (except as otherwise provided in this paragraph 1) and mail address of the owner or business address of the owner if a firm, association or corporation. If the mailing address is a post office box number, the address listed on the driver license record may be used to verify residence. A police officer, a deputy sheriff, an elected sheriff, a law enforcement officer for the Department of State Police, a fire investigator, a state's attorney, an assistant state's attorney, or a state's attorney special investigator may elect to furnish the address of the headquarters of the governmental entity or police district where he or she works instead of his or her domicile address, in which case that address shall be deemed to be his or her domicile address for all purposes under this Chapter 3. The spouse and children of a person who may elect under this paragraph 1 to furnish the address of the headquarters of the government entity or police district where the person works instead of the person's domicile address may, if they reside with that person, also elect to furnish the address of the headquarters of the government entity or police district where the person works as their domicile address, in which case that address shall be deemed to be their domicile address for all purposes under this Chapter 3. In this paragraph 1: (A) "police officer" has the meaning ascribed to "policeman" in Section 10-3-1 of the Illinois Municipal Code; (B) "deputy sheriff" means a deputy sheriff appointed under Section 3-6008 of the Counties Code; (C) "elected sheriff" means a sheriff commissioned pursuant to Section 3-6001 of the Counties Code; (D) "fire investigator" means a person classified as a peace officer under the Peace Officer Fire Investigation Act; and (E) "state's attorney", "assistant state's attorney", and "state's attorney special investigator" mean a state's attorney, assistant state's attorney, and state's attorney special investigator commissioned or appointed under Division 3-9 of the Counties Code.

2. A description of the vehicle, including such information as is required in an application for a certificate of title, determined under such standard rating as may be prescribed by the Secretary.

3. Information relating to the insurance policy for the motor vehicle, including the name of the insurer which issued the policy, the policy number, and the expiration date of the policy.

4. Such further information as may reasonably be required by the Secretary to enable him to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.

5. An affirmation by the applicant that all information set forth is true and correct. If the application is for the registration of a motor vehicle, the applicant also shall affirm that the motor vehicle is insured as required by this Code, that such insurance will be maintained throughout the period for which the motor vehicle shall be registered, and that neither the owner, nor any person operating the motor vehicle with the owner's permission, shall operate the motor vehicle unless the required insurance is in effect. If the person signing the affirmation is not the sole owner of the vehicle, such person shall be deemed to have affirmed on behalf of all the owners of the vehicle. If the person signing the affirmation is not an owner of the vehicle, such person shall be deemed to have affirmed on behalf of the owner or owners of the vehicle. The lack of signature on the application shall not in any manner exempt the owner or owners from any provisions, requirements or penalties of this Code.

(b) When such application refers to a new vehicle purchased from a dealer the application shall be accompanied by a Manufacturer's Statement of Origin from the dealer, and a statement showing any lien retained by the dealer.

(c) Within 12 months after the effective date of this amendatory Act of the 97th General Assembly, the Secretary of State shall be required to include within its application for registration specific information about the type of electric vehicle registered, including the name of vehicle manufacturer, model, battery capacity in kWh, and name and address of the utility at the location of the owner's registered address. The Secretary of State shall issue a license plate with the reference "EL" reserved only for electric vehicles under subsection (g-5) of Section 3-412 of this Act. The Secretary of State shall publish online monthly the number of electric vehicles registered, including vehicle type, battery capacity, and registered locations of all types of electric vehicles by county, municipality, and the applicable utility in order to facilitate the State's planning goals as stated in the Electric Vehicle Infrastructure Act. The Secretary of State shall furnish in written report or by email the electric vehicle data required in this Section upon a written or online request form by the county, municipality, or utility for their use to plan the extent of public charging infrastructure required for public charging stations.

(Source: P.A. 95-207, eff. 1-1-08; 96-580, eff. 1-1-10.)

(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)

Sec. 3-412. Registration plates and registration stickers to be furnished by the Secretary of State.

(a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate for a motorcycle, trailer, semitrailer, moped or truck-tractor, 2 registration plates for other motor vehicles and, where applicable, current registration stickers for motor vehicles of the first division. The provisions of this Section may be made applicable to such vehicles of the second division, as the Secretary of State may, from time to time, in his discretion designate. On subsequent annual registrations during the term of the registration plate as provided in Section 3-414.1, the Secretary shall issue or cause to be issued registration stickers as evidence of current registration. However, the issuance of annual registration stickers to vehicles registered under the provisions of Sections 3-402.1 and 3-405.3 of this Code may not be required if the Secretary deems the issuance unnecessary.

(b) Every registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of this State, which may be abbreviated, the year number for which it was issued, which may be abbreviated, the phrase "Land of Lincoln" (except as otherwise provided in this Code), and such other letters or numbers as the Secretary may prescribe. However, for apportionment plates issued to vehicles registered under Section 3-402.1 and fleet plates issued to vehicles registered under Section 3-405.3, the phrase "Land of Lincoln" may be omitted to allow for the word "apportioned", the word "fleet", or other similar language to be displayed. Registration plates issued to a vehicle registered as a fleet vehicle may display a designation determined by the Secretary.

The Secretary may in his discretion prescribe that letters be used as prefixes only on registration plates issued to vehicles of the first division which are registered under this Code and only as suffixes on registration plates issued to other vehicles. Every registration sticker issued as evidence of current registration shall designate the year number for which it is issued and such other letters or numbers as the Secretary may prescribe and shall be of a contrasting color with the registration plates and registration stickers of the previous year.

(c) Each registration plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight, and shall be coated with reflectorizing material. The dimensions of the plate issued to vehicles of the first division shall be 6 by 12 inches.

(d) The Secretary of State shall issue for every passenger motor vehicle rented without a driver the same type of registration plates as the type of plates issued for a private passenger vehicle.

(e) The Secretary of State shall issue for every passenger car used as a taxicab or livery, distinctive registration plates.

(f) The Secretary of State shall issue for every motorcycle distinctive registration plates distinguishing between motorcycles having 150 or more cubic centimeters piston displacement, or having less than 150 cubic centimeter piston displacement.

(g) Registration plates issued to vehicles for-hire may display a designation as determined by the Secretary that such vehicles are for-hire.

(g-5) The Secretary of State shall issue a license plate with the reference "EL" reserved only for electric vehicles as defined under the Electric Vehicle Infrastructure Act.

(h) (Blank).

(i) The Secretary of State shall issue for every public and private ambulance registration plates identifying the vehicle as an ambulance. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by ambulance owners for payment for services to public assistance recipients.

(j) The Secretary of State shall issue for every public and private medical carrier or rescue vehicle livery registration plates displaying numbers within ranges of numbers reserved respectively for medical carriers and rescue vehicles. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by owners of medical carriers or rescue vehicles for payment for services to public assistance recipients.

(k) The Secretary of State shall issue distinctive license plates or distinctive license plate stickers for every vehicle exempted from subsections (a) and (a-5) of Section 12-503 by subsection (g) of that Section, and by subsection (g-5) of that Section before its deletion by this amendatory Act of the 95th General Assembly. The Secretary shall issue these plates or stickers immediately upon receiving the physician's certification required under subsection (g) of Section 12-503. New plates or stickers shall also be issued when the certification is renewed as provided in that subsection.

(l) The Secretary of State shall issue distinctive registration plates for low-speed vehicles.

(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07; 96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff. 10-30-09; 96-1000, eff. 7-2-10.)

(625 ILCS 5/11-1301.9 new)

Sec. 11-1301.9. Parking spaces reserved for electric vehicles; penalties.

(a) Beginning January 1, 2012, no person may park a non-electric vehicle in a space designated and marked as reserved for electric vehicles. For the purposes of this Section, "electric vehicle" shall have the meaning given to that term in the Electric Vehicle Infrastructure Act.

(b) Beginning January 1, 2012, any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles shall receive a warning.

(c) Beginning July 1, 2012, any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles shall be guilty of a traffic infraction under Regulating the standing or parking of vehicles, except as limited by Section 11-1306 of this Act and shall be fined not less than $150 nor more than $300, and shall pay any costs incurred by the court related to assessing the fine.

(d) Any citation issued under this Section may be mailed to the violator pursuant to Section 1-2-9.1 of the Illinois Municipal Code or, in the case of an unincorporated area of a county, pursuant to Section 5-43025 of the Counties Code.

Section 999. Effective date. This Act takes effect upon becoming law.