HB5332 EngrossedLRB097 17543 AJO 62748 b

1    AN ACT concerning associations.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Homeowners' Electric Vehicle Act.
 
6    Section 5. Legislative intent. The legislative intent in
7enacting this Act is to protect the public health, safety, and
8welfare by encouraging the development and use of electric
9vehicles and electric vehicle charging systems in order to
10conserve and protect the value of land, buildings, and
11resources by preventing the adoption of measures which will
12have the ultimate effect, however unintended, of preventing the
13use of electric vehicles by any person residing at a home that
14is subject to a homeowners' association, common interest
15community association, or condominium unit owners'
16association.
 
17    Section 10. Definitions. In this Act:
18    "Electric vehicle" has the meaning ascribed to that term in
19the Electric Vehicle Act.
20    "Electric vehicle charging system" means:
21        (1) a complete assembly, structure, or design of an
22    electric vehicle charging mechanism, which provides

 

 

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1    electricity for use in charging an electric vehicle; and
2        (2) the design, materials, or elements of an electric
3    vehicle charging system and its maintenance, operation,
4    and labor components, and the necessary components, if any,
5    of supplemental conventional energy systems designed or
6    constructed to interface with an electric vehicle charging
7    system.
 
8    Section 15. Associations; prohibitions. Notwithstanding
9any provision of this Act or other provision of law, the
10adoption of a bylaw or exercise of any power by the governing
11entity of a homeowners' association, common interest community
12association, or condominium unit owners' association which
13prohibits or has the effect of prohibiting the ownership of an
14electric vehicle, prohibiting the continuous charging of an
15electric vehicle, or prohibiting the installation of a electric
16vehicle charging system is expressly prohibited.
 
17    Section 20. Deed restrictions; covenants. No deed
18restrictions, covenants, or similar binding agreements running
19with the land shall prohibit or have the effect of prohibiting
20the use or ownership of an electric vehicle or the installation
21or operation of an electric vehicle charging system from being
22installed on a building erected on a lot or parcel covered by
23the deed restrictions, covenants, or binding agreements if the
24building is subject to a homeowners' association, common

 

 

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1interest community association, or condominium unit owners'
2association. A property owner may not be denied permission to
3install an electric vehicle charging system by any entity
4granted the power or right in any deed restriction, covenant,
5or similar binding agreement to approve, forbid, control, or
6direct alteration of property. However, for purposes of this
7Act, the entity may determine reasonable restrictions on the
8specific location where an electric vehicle charging system may
9be installed. Within 45 days after a homeowners' association,
10common interest community association, or condominium unit
11owners' association receives a request for a policy or an
12application from an association member, the association shall
13adopt an electric vehicle charging system policy or amend an
14existing energy policy regarding: (i) reasonable restrictions
15on the location, design, and architectural requirements of an
16electric vehicle charging system; and (ii) whether an
17association member may use an electric outlet in a common area
18and the means for payment of the electricity in a common area,
19and, if so, reasonable restrictions on the location, design,
20and architectural requirements of a system in a common area. An
21association shall disclose, upon request, its electric vehicle
22charging system policy and shall include the policy in its
23homeowners' association, common interest community
24association, or condominium unit owners' association
25declaration, bylaws, or policies. For purposes of this Section,
26"reasonable restrictions" are limitations that do not

 

 

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1significantly increase the cost of the electric vehicle
2charging system or significantly decrease its efficiency or
3specified performance.
 
4    Section 25. Standards and requirements. An electric
5vehicle charging system shall meet applicable standards and
6requirements imposed by State and local permitting
7authorities.
 
8    Section 30. Application for approval. Whenever approval is
9required for the installation or use of an electric vehicle
10charging system, the application for approval shall be
11processed by the appropriate approving entity of the
12association within 30 days after the submission of the
13application. However, if an application is submitted before an
14electric vehicle charging system policy is adopted by an
15association, the association has until the longer of the
16following 2 periods to process the application: (1) 15 days
17after a policy is adopted in accordance with Section 20 of this
18Act or (2) 30 days after the application is submitted. If an
19application is not denied in writing before the end of the
20applicable time period provided by this Section, the
21application shall be deemed approved, unless that delay is the
22result of a reasonable request for additional information.
 
23    Section 32. Notice to local electric utility. Within 30

 

 

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1days after receiving a request for an electric vehicle charging
2system policy, an application for the installation or use of an
3electric vehicle charging system, or notification from an
4association member that the member intends to install an
5electric vehicle charging system, a homeowners' association,
6common interest community association, or condominium unit
7owners' association shall notify the electric utility from
8which the association receives electricity or delivery
9services of the planned installation.
 
10    Section 35. Violations. Any entity, other than a public
11entity, that willfully violates this Act shall be liable to the
12applicant for actual damages occasioned thereby and for any
13other consequential damages. Any entity that complies with the
14requirements of this Act shall not be liable to any other
15resident or third party for such compliance.