Illinois General Assembly - Full Text of HB3754
Illinois General Assembly

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Full Text of HB3754  97th General Assembly




State of Illinois
2011 and 2012


Introduced , by Rep. Karen May


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.

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HB3754LRB097 10261 ASK 52665 b

1    AN ACT concerning transportation.
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
5Electric Vehicle Infrastructure Act.
6    Section 5. Purpose.
7    (a) The legislature has adopted public policy for the State
8of Illinois to encourage the use of alternative fuels to power
9vehicles within Illinois. This policy has encouraged a new
10generation of mass-produced electric vehicles arriving in 2010
11in auto markets that are infrastructure-ready for both home and
12public charging stations.
13    (b) The legislature finds that Illinois electric vehicle
14drivers will need to charge their vehicle batteries at their
15residences, places of business, or at any number of public and
16private charging stations. Limited driving distance between
17battery charges is a fundamental obstacle to broad consumer and
18industry adoption of electric vehicles powered fully or
19partially with electricity connected to the electric grid. The
20legislature finds that developing an electric vehicle public
21charging station infrastructure is a first and essential step
22toward the transformation of electric transportation in
23Illinois. To sustain emission-free driving and attract



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1economic development, there must be uniform, statewide
2standards to develop a smart grid charging infrastructure to
3efficiently connect electric vehicles to the electric grid. By
42015, over one million electric plug-in vehicles are expected
5to be driving on America's roadways, connected to the nation's
6smart grid.
7    (c) By supporting the adoption of smart grid electric
8vehicle parking spaces within Illinois, local communities will
9set aside emission-free vehicle parking spaces in the vicinity
10of the entrances to public buildings for the greater enjoyment
11of clean air, job creation, transferring wealth to Illinois
12residents, energy independence, fostering car sharing,
13pedestrian alternatives, mass transit, rail, and other
14sustainable transportation mobility and clean economic
15development opportunities.
16    Section 10. Definitions. As used in this Act:
17    "Battery exchange station" means a facility that enables an
18electric vehicle with a swappable battery to exchange the
19depleted battery with a fully-charged battery through a fully
20automated process that meets or exceeds any standards, codes,
21and regulations set forth by this Act and consistent with rules
22adopted under this Act or otherwise required under State law.
23    "Commission" means the Illinois Commerce Commission.
24    "Director" means the Director of Commerce and Economic



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1    "Electric vehicle" has the same meaning as "new qualified
2plug-in electric drive motor vehicle" under Section 30D of the
3Internal Revenue Code and shall also mean any car converted to
4an electrical plug-in vehicle and the conversion process is
5qualified and approved by the Illinois Secretary of State for
6licensure. "Electric vehicle" shall also include plug-in
7hybrid electric vehicles or battery-powered electric vehicles
8as defined by the U.S. Department of Energy.
9    "Integrated intelligently with the electrical grid" means
10possessing the capacity to reduce the electric vehicle's demand
11for the electricity from the grid during peak times and to
12enable maximum use of renewable energy sources, base load
13energy sources, and stored energy during off-peak times that
14would otherwise be curtailed.
15    "Electric vehicle charging infrastructure" means
16structures, machinery, communication, and smart grid equipment
17necessary to support an energy network capable of being
18intelligently connected to the grid for electric charging,
19including battery charging stations and battery exchange
21    "Level 1" means a charging method that allows an electric
22vehicle to be connected to the most commonly available grounded
23electrical outlet (NEMA 5-20) with power levels rated at less
24than or equal to 120 VAC/20 amps.
25    "Level 2" means a charging method that allows an electric
26vehicle to be connected to permanently wired EVSE with a



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1specialized connector (SAE J1772) with power levels rated at
2less than or equal to 240 VAC/80 amps.
3    "Fast Charging" means a charging method that allows an
4electric vehicle to be connected to permanently wired EVSE with
5direct current service with power levels rated at 480VAC and a
63-phase circuit.
7    "Public charging station" means an electric energy network
8that is fully accessible and open to all drivers that connects
9vehicles for both Level 1 and Level 2 status in each charging
10station and is capable of being both intelligently connected to
11the grid and bi-directional by feeding power to or from the
12grid from all publicly accessible parking garages, lots, and
13street locations.
14    "Rapid charging station" means an industrial-grade
15electrical outlet that allows for faster charging of electric
16vehicle batteries through higher power levels, exceeding Level
171 and Level 2 charging stations, that meets or exceeds any
18standards, codes, and regulations set forth by the State and
19local electrical and building codes.
20    "Renewable energy" means renewable fuels generating
21domestic electricity within PJM or MISO regional transmission
23    "Electric vehicle parking spaces" means reserved parking
24spots in each municipality or county reserved exclusively for
25electric-powered vehicles that the owner of public parking
26spaces on the street, surface parking lot, or garage facilities



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1shall designate and install a public charging station to be
2prioritized by locating the parking space on a priority basis
3first in proximity to the reserved handicap spaces to enable
4handicap drivers full access to charge their electric vehicle
5and full access to connect the vehicle conveniently to the
6electric grid.
7    Section 15. Planning.
8    (a) All regional and local transportation planning
9organizations in the State shall be invited to collaborate with
10the transportation electrification industry, the Department of
11Commerce and Environment Opportunity, the Illinois
12Environmental Protection Agency, the Citizens Utility Board,
13environmental and public policy organizations, the Illinois
14Commerce Commission, local governments, any local chapters of
15the Electric Auto Association, all electric utilities
16generating electricity within the State, all federal agencies
17with fleets or jurisdiction over environmental matters, and the
18Office of the Governor to seek regular hearings, Commission
19dockets, meetings on planning, and federal, State, county,
20local municipal, or private input and to seek all funding for
21the planning, deployment, and installation of electric vehicle
22public charging station infrastructure capable of being
23integrated intelligently with the electrical grid as
24determined to be necessary by the Department and the Commission
25from time to time.



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1    (b) The public hearings and meetings should include the
3        (1) The development of short-term and long-term plans
4    outlining how electric utilities shall collaborate with
5    State, regional, and local government entities, building
6    departments, and private property owners to demonstrate
7    how the electric vehicle public charging infrastructure
8    can be integrated intelligently with the electrical grid
9    and develop open and convenient parking. These plans should
10    include educating, communicating, recommending, and
11    updating as required the standard amounts and ratios of
12    public charging stations required per vehicle. In the
13    interim, a minimum amount of public charging
14    infrastructure integrated intelligently with the
15    electrical grid per community should be determined based on
16    community size and the expected number of electric vehicles
17    that will be driven within a community.
18        (2) Consultation with State and local building
19    departments to coordinate State standards for new or
20    existing residential, commercial, and industrial buildings
21    to ensure that the appropriate electric circuitry is
22    installed to support electric vehicle infrastructure.
23        (3) Consultation with local groups representing
24    community workforces, the transportation electrification
25    industry stakeholders within the State, and higher
26    education associations to ensure development of



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1    appropriate educational and training opportunities for
2    State citizens in support of the transition of vehicular
3    transportation from combustion to electric vehicles.
4        (4) Development of a plan for counties and
5    municipalities to implement public and private parking
6    spaces with charging infrastructure integrated
7    intelligently with the electrical grid, and to assign an
8    aggregate minimum of 5% of all public parking spaces within
9    the State of Illinois as electric plug-in ready by December
10    31, 2011;
11        (5) development of model ordinances and guidance for
12    local governments for siting and installing electric
13    vehicle public charging station infrastructure, in
14    particular public charging stations installed within
15    electric vehicle parking spaces, battery charging
16    stations, and appropriate handling, recycling, and storage
17    of electric vehicle batteries and equipment.
18    (c) Priority must be given to the activities in item (5) of
19subsection (b), and any ordinance or guidance that is developed
20must be submitted by report to the legislature, the Department,
21all affected local county and city governments, and all private
22sector industry associations affected as recommended by the
23Department prior to December 31, 2011.
24    Section 20. Business incentives and requirements.
25    (a) Municipalities and counties shall require a portion of



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1all private and public parking lots, garages, and on-street
2parking spaces for the establishment of electric vehicle
3parking spaces as follows:
4        (1) To facilitate the State's planning for electric
5    vehicle parking spaces, at least 25% of all existing or
6    subsequently created publicly-accessible handicap spaces
7    on a public street, parking lot, or garage shall be
8    connected to the electric grid by a public charging station
9    within 18 months after the effective date of this Act.
10        (2) All electric vehicle parking spaces shall be
11    painted dark blue and designated clearly marked "Electric
12    Vehicle Parking Only", and the exclusive designation shall
13    be enforced. Private and public owners of multiple parking
14    lots within the State may designate and electrify fewer
15    parking spaces than required in one or more of their owned
16    properties as long as the scheduled requirement is met for
17    aggregate spaces on all owned properties and a sufficient
18    amount of electric vehicle parking spaces are available for
19    employees and the public.
20        (3) Whenever a handicapped parking space that is
21    required to have a public charging station or has a public
22    charging station as required by this Act adjoins a
23    non-handicapped parking space physically, at least one
24    additional public charging station must be installed on the
25    driver's side of the handicap parking space or spaces for
26    the public's access and usage, or the nearest available



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1    non-handicapped space.
2        (4) When the number of registered electric vehicles in
3    the State reaches 10,000, the spaces designated for
4    electric vehicles shall increase to 2.5% of all parking
5    spaces in public or privately owned parking lots. The
6    number of spaces designated for electric vehicles shall
7    continue to increase by 1% for each additional 10,000
8    electric vehicles registered in the State until the
9    percentage reaches 20% of all parking spaces on a public
10    street, parking lot, or garage.
11    For the purposes of this Section, "electric vehicle" means
12an electric vehicle or neighborhood electric vehicle.
13    (b) Beginning January 1, 2012, all State agencies, when
14purchasing new vehicles, shall seek vehicles with reduced
15dependence on petroleum-based fuels that meet the needs of the
16agency. Upon availability, at least 25% of all new vehicles
17purchased or leased by a State agency shall be new, converted,
18or retrofitted all-electric vehicles, plug-in
19electric-hybrids, or range-extender electric vehicles or
20hydrogen or fuel cell vehicles.
21    (c) Within 18 months after the effective date of this Act,
22all public, private, and government parking facilities
23available for use by the public containing 50 or more parking
24spaces ("major parking facilities") shall be required to
25replace their existing utility grade meter with an AMI
26bi-directional smart meters.



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1    The major parking facilities shall purchase 100% of the
2electricity from the AMI meter to power the garage or parking
3lot from:
4        (1) renewable energy or renewable energy credits, for
5    all parking garages and parking lots within the State; or
6        (2) renewable energy credits equal to the energy
7    consumed that are no more than 110% of the facility's
8    utility provider default rate, and shall be described as
9    "GREEN FUEL ENERGY FACILITIES" that are considered as a
10    necessary and integral part of the solar energy system when
11    purchasing solar energy generated electricity and shall be
12    exempt pursuant to Section 10-5 of the Property Tax Code.
13    To the extent that the price for the GREEN FUEL ENERGY
14FACILITIES cost exceeds 110% of the utility default rate, the
15facility may reduce the percentage of renewable power or RECs
16to lower the cost to 110% of the facility's utility provider
17default rate.
18    The requirements of this Section are intended to help meet
19the State of Illinois renewable portfolio standards goals and
20establish a policy for the State of Illinois to plan,
21demonstrate, and install the necessary parking lot, parking
22garage, and street-based public charging station
23infrastructure facilities that will be necessary to support the
24supply and access of electric power to fuel all the anticipated
25electric vehicle transportation within the State. It is the
26policy of the State of Illinois to derive the incremental



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1increase in electric power that will be required to power
2electric vehicles to utilize the State's domestic fuels to
3generate electricity including any and all fossil free fuels
4and all other domestic energy being generated by domestic
5electricity within PJM or MISO regional transmission zones.
6    Section 30. Public charging station infrastructure
8    (a) Each public charging station should be capable of
9offering diversified levels of electric charging energy
10including, at a minimum, both Level 1 and Level 2 plug-in
11charging capabilities. The charging features shall include:
12        (1) Level 1 and Level 2 public charging stations shall
13    be compliant with the Society of Automotive Engineers (SAE)
14    J1772 standards now in effect and shall be upgraded as
15    these standards are amended from time to time by the
16    industry standards.
17        (2) "Rapid Charging" or Level 3 charging
18    infrastructure for the home charging and the public use has
19    not yet been widely approved by the auto industry and will
20    continue to be monitored. Therefore, Level 3 charging for
21    PHEVs is not considered requisite for the establishment of
22    a rich charging infrastructure for home and public charging
23    at this time and, as the standards for rapid charging
24    stations application are developed, it is anticipated that
25    the State's infrastructure standards will include Level 3



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1    charging.
2        (3) The electric vehicle public charging units shall
3    meet recognized industry standards, including the National
4    Electric Code (NEC), the Institute of Electrical and
5    Electronics Engineers (IEEE), the Electric Power Research
6    Institute (EPRI), the Detroit Edison Institute (DTE), the
7    Underwriters Laboratory (UL), the Society of Automotive
8    Engineers (SAE), and the National Institute of Standards
9    and Technology (NIST).
10    (b) All home and public charging stations shall meet all
11applicable electric and building codes of the municipality or
12county where the charging station is installed. All home and
13public charging stations must be approved and certified to
14conform to industry standards by Underwriter's Laboratories or
15other nationally recognized standards associations approved by
16the Department.
17    (c) Beginning January 1, 2012, all new construction
18projects in all municipalities and counties requiring a
19building permit must designate no less then 5% of the project's
20available parking spaces for electric vehicle ready parking
22    (d) At its discretion, the local permitting authority may
23temporarily suspend, for no more then 3 months at a time, a
24reasonable portion of this requirement up to 18 months after
25the effective date of this Act if there are not sufficient
26electric vehicles located in their jurisdiction, but shall



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1establish a reasonable percentage or number of electric vehicle
2charging spaces sufficient to accommodate existing and the
3expected volume of electric vehicles within their community,
4however the local building authority shall require
5improvements at the time of permitting for the rough
6infrastructure of underground and building piping, conduit,
7and other service equipment to be installed at the capacity to
8efficiently expand the electric service to accommodate up to
910% of the parking spaces located within the parking lot, area,
10or garage.
11    Section 35. Transportation Electrification Energy Block
12Grant Fund.
13    (a) The purpose of this Section shall be for the State of
14Illinois to establish the most engaged electric vehicle
15infrastructure coalition of stakeholders and private public
16partnerships, including, at a minimum the following:
17        (1) elected and appointed officials from participating
18    State, local, and tribal governments;
19        (2) all relevant generators and distributors of
20    electricity;
21        (3) public utility commissions;
22        (4) departments of environment, public works, and
23    transportation;
24        (5) owners and operators of property that will be
25    essential to the deployment of a sufficient level of



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1    publicly available charging infrastructure (including
2    privately owned parking lots or structures);
3        (6) plug-in electric drive vehicle manufacturers or
4    retailers;
5        (7) third-party providers of charging infrastructure
6    or services;
7        (8) owners of any major fleet that will participate in
8    the program;
9        (9) as appropriate, owners and opera11tors of regional
10    electric power distribution and transmission facilities;
11        (10) other existing community coalitions recognized by
12    the Department of Energy and communities that have best
13    demonstrated that the public is likely to embrace plug-in
14    electric drive vehicles, including, but not limited to,
15    representatives of the distributive generation of energy
16    storage, smart grid applications relating to
17    transportation, renewable energy manufactures, and
18    installers of solar, wind, and biomass generation;
19        (11) the Citizens Utility Board;
20        (12) national and local environmental groups; and
21        (13) rental and car charging companies.
22    (b) There is hereby created in the State treasury the
23Transportation Electrification Energy Block Grant Fund. The
24Fund shall be administered and expended by the Department of
25Commerce and Economic Opportunity, into which shall be



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1        (1) appropriations made by the legislature;
2        (2) gifts, grants, and other public and private funds;
3        (3) any federal funds; and
4        (4) all interest and revenue of receipts derived from
5    the Fund.
6    (c) The moneys in the Transportation Electrification
7Energy Block Grant Fund shall be used by the Illinois
8Department of Commerce and Economic Opportunity to pay for any
9administrative, operational, training, and marketing costs
10associated with the transportation energy transformation grant
11program to furnish to Illinois citizens the following
13        (1) To increase the Illinois EPA Rebate to $7,500 for
14    the first 1,000 electric vehicles.
15        (2) Provide 50% of the costs of labor and materials for
16    new or retrofitted upgrades to the electrical service in
17    the nature of a permanent improvement to an electrical
18    service panel required for parking lot, parking garage, or
19    home installation of electric vehicle charging
20    infrastructure for home charging as follows:
21            (A) Grants up to $500 for residential charging
22        stations ($750 for charging station infrastructure
23        capable of being intelligently integrated with the
24        electrical grid for promoting off-peak charging and
25        demand response services).
26            (B) Grants up to $3,500 for public charging



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1        stations only when the charging station infrastructure
2        is capable of being intelligently integrated with the
3        electrical grid for promoting off-peak charging and
4        demand-response services.
5    (d) The Department shall also provide grants from the Fund
6for innovative programs that diversify transportation energy
7resources or that help coordinate activities that will help to
8diversify transportation energy sources in the State, and in
9particular car sharing programs, renewable energy attached to
10charging station installations in parking canopies, batteries
11and smart grid management systems that integrate energy
12management between the buildings and the vehicles for grants of
1350% of the program costs to cities and counties not to exceed
14$75,000 for "Sustainable Transportation Electrification
15Projects" as follows:
16        (1) applications for grants shall be made by schools,
17    colleges, universities, not-for-profit organizations,
18    private residents, commercial, institutional businesses,
19    cities, tribal agencies, and counties located within the
20    State, to the Department of Commerce and Economic
21    Opportunity are intended to be charged primarily by
22    renewable energy sources for public charging stations that
23    are capable of being integrated intelligently with the
24    electrical grid; or
25        (2) demonstration projects for electric transportation
26    energy efficiency activities, including projects that



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1    integrate renewable energy, smart grid energy systems,
2    energy storage devices such as batteries in the vehicles as
3    well as batteries installed and integrated into the
4    charging stations, and other forms of energy storage
5    supporting the programs that include car sharing of
6    electric vehicles, promoting fleet reduction goals,
7    reducing carbon dioxide and other greenhouse gases,
8    promoting clean air, promoting the use of renewable energy
9    for cleanly fueling electric vehicles within the State,
10    reduction of use of fossil fuels, promoting sustainable
11    electric advancing the use of electric-powered mass
12    transit, electric rail, electric bike, and pedestrian
13    travel through bike pathways, kiosks, solar canopies
14    including batteries, and bi-directional flow of energy
15    systems including associated energy storage capabilities.
16        (3) A grant may be made to an applicant only if the
17    applicant has:
18            (A) met the specifications and requirements
19        established by the Director;
20            (B) filed a completed application form as
21        prescribed by the Director together with all required
22        supporting documentation;
23            (C) completed the purchase or lease, licensing,
24        and registration of one or more vehicles prior to
25        applying for one or more electric vehicle grants;
26            (D) provided any other information deemed



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1        necessary by the Director; and
2            (E) met any additional requirements of the grant
3        program as determined by the Director.
4    (e) The Director shall include information on the
5Transportation Electrification Energy Block Grant Fund and
6statistical information on program participation in the
7Department of Commerce and Economic Opportunity's annual
8report to the governor and the legislature.
9    (f) The Director may adopt rules to govern all aspects of
10the Transportation Electrification Energy Block Grant Fund
12    (g) There are to be established within the Department 2
13full-time positions to carry out the purposes of this Section.
14    Section 40. Open access to plug-in electric vehicles
15conveniently to the electric grid; defining energy efficiency
16in transportation and fostering sustainable transportation
18    (a) It is the policy of the State of Illinois to provide
19electric vehicle drivers open and convenient access for all
20public charging stations to assist all Illinois drivers to be
21enabled to be intelligently connected to the electric grid and
22charge the battery for their electric vehicle and to access all
23other smart grid features.
24    (b) Municipalities are authorized to adopt incentive
25programs to encourage the retrofitting of existing structures



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1with electrical outlets capable of charging electric vehicles.
2Incentives may include bonus height, site coverage, floor area
3ratio, and transferable development rights for use in urban
4growth areas and waiver of permit fees.
5    (c) With regards to any and all energy efficiency programs
6created, funded, or administered within the State of Illinois,
7the definition of "eligible costs" for the utility bill
8financing program, the real estate tax bill program, or other
9energy efficiency programs funded by the federal, State,
10municipality, county or other public funding shall include the
11eligible cost of any new or upgraded electric service,
12circuitry, wire, conduit, services, or other permanently
13attached charging connective device or related electrical
14materials or devices and the reasonable value of the cost of
15all labor provided by a licensed electrical contractor within
16the State for the costs of installing all charging connected to
17the electric service to the building or the property, any and
18all home or public charging stations as an eligible expense for
19all energy efficiency work for all permanent installations of
20home or public charging station devices. Public charging
21stations must also be capable of being intelligently connected
22to the electrical grid.
23    (d) By July 1, 2011 or 18 months after the effective date
24of this Act, whichever is sooner, the development regulations
25of any municipal or county jurisdiction under this Act must
26allow public battery exchange stations, public charging



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1stations, and related stationary energy storage facilities as a
2permitted zoning use in all public parking lots or garages
3located in all zoning districts, regulations or areas.
4Municipalities and counties may adopt and apply other
5development regulations that do not have the effect of
6precluding the siting of electric vehicle infrastructure in
7areas where that use is allowed such as screening, design, and
8other planning like requirements.
9    Section 45. Private and public partnership authority.
10    (a) The General Assembly finds and determines that this Act
12        (1) reduce and eventually eliminate
13    transportation-induced greenhouse gas emissions in many
14    neighborhoods that have been identified as contributing to
15    global warming, the effects of which pose a threat to
16    public health and safety and the economy of the State of
17    Illinois;
18        (2) help the State meet its energy needs, keep its
19    economy strong, and protect the environment while reducing
20    its contribution to human-induced greenhouse gas
21    emissions;
22        (3) facilitate the State's ability to begin
23    transitioning away from oil to utilizing renewable and
24    fossil-free electricity as the fuel for powering Illinois
25    transportation industry and improve the State's security



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1    through improved energy independence;
2        (4) represent a substantial investment of private
3    dollars in Illinois communities combined with the ARRA
4    funds; other grants, tax credits, or loan guaranties; and
5    loans by the Illinois Finance Authority or the federal
6    Department of Energy;
7        (5) help ensure the long-term viability of Illinois'
8    diverse electrical market as a major energy source in the
9    State and throughout the nation and represents a
10    significant step in the State's efforts to become a
11    self-sufficient, clean energy producer;
12        (6) provide a variety of opportunities for the State of
13    Illinois to partner with municipalities and counties
14    throughout the State, the adjoining Midwest states, and the
15    federal Department of Energy to foster a network of
16    electric vehicle parking spaces connected to the National
17    Smart Grid Programs;
18        (7) make the State of Illinois a center of research and
19    likely development of new technologies designed to improve
20    transportation mobility in the area of car sharing, clean
21    air in pedestrian areas, and the development of the
22    efficiency of renewable and required energy storage
23    industry that will be replicated world wide;
24        (8) be an important clean tech project creating jobs in
25    the State of Illinois during the construction and
26    operational phases, contribute to the overall economy of



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1    the State, and help reinvigorate the Illinois economy and,
2    in particular, create micro-grids of energy efficiency
3    throughout the State of Illinois that will lead to
4    innovation, environmental well-being, and economic
5    development for decades; and
6        (9) to accomplish these public purposes, the State,
7    through the Department, and all municipalities and
8    counties may enter into public-private partnerships that
9    shall be structured by the Department, municipalities, and
10    counties in accordance with commercially-accepted business
11    practices and shall provide for a return to the public
12    municipality, county, or Department upon the return of
13    capital invested for the project and a market rate of
14    return.
15    (b) The installation of all plug-in electric home and
16public vehicle charging station equipment shall conform to all
17applicable building and electrical codes.
18    (c) The Department, with the associations for the State
19building departments, shall review industry standards and
20adopt for Level 1 and Level 2 home charging stations the
21process of a self-certification permitting process to be
22performed only by licensed electrical contractors for the
23installation of home and public charging stations in
24government, commercial, residential, and public applications.
25There shall be a review of self-certification processes for
26home charging if the work is performed by a licensed electrical



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1contractor certified in advance by a municipality or county
2building department training program and subject to a follow-up
3inspection by the building department issuing a permit.
4    (d) Within 90 days after being notified by the Illinois
5Secretary of State that more than 10 electric vehicles have
6registered within the municipal or county boundaries, a
7municipality or county shall establish an expedited permitting
8process to ensure to Illinois car dealers and their customers a
9convenient and efficient transition to support the sale of the
10electric vehicle and simultaneously the permitting,
11installation, and inspection of a home or public charging
12station on an expedited basis.
13    Section 800. The State Finance Act is amended by adding
14Section 5.786 as follows:
15    (30 ILCS 105/5.786 new)
16    Sec. 5.786. The Transportation Electrification Energy
17Block Grant Fund.
18    Section 900. The Property Tax Code is amended by changing
19Section 10-5 as follows:
20    (35 ILCS 200/10-5)
21    Sec. 10-5. Solar energy systems; definitions. It is the
22policy of this State that the use of solar energy systems



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1should be encouraged because they conserve nonrenewable
2resources, reduce pollution and promote the health and
3well-being of the people of this State, and should be valued in
4relation to these benefits.
5    (a) "Solar energy" means radiant energy received from the
6sun at wave lengths suitable for heat transfer, photosynthetic
7use, or photovoltaic use.
8    (b) "Solar collector" means
9        (1) An assembly, structure, or design, including
10    passive elements, used for gathering, concentrating, or
11    absorbing direct and indirect solar energy, specially
12    designed for holding a substantial amount of useful thermal
13    energy and to transfer that energy to a gas, solid, or
14    liquid or to use that energy directly; or
15        (2) A mechanism that absorbs solar energy and converts
16    it into electricity; or
17        (3) A mechanism or process used for gathering solar
18    energy through wind or thermal gradients; or
19        (4) A component used to transfer thermal energy to a
20    gas, solid, or liquid, or to convert it into electricity.
21    (c) "Solar storage mechanism" means equipment or elements
22(such as piping and transfer mechanisms, containers, heat
23exchangers, or controls thereof, and gases, solids, liquids, or
24combinations thereof) that are utilized for storing solar
25energy, gathered by a solar collector, for subsequent use.
26    (d) "Solar energy system" means



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1        (1)(A) A complete assembly, structure, or design of
2    solar collector, or a solar storage mechanism, which uses
3    solar energy for generating electricity or for heating or
4    cooling gases, solids, liquids, or other materials;
5        (B) The design, materials, or elements of a system and
6    its maintenance, operation, and labor components, and the
7    necessary components, if any, of supplemental conventional
8    energy systems designed or constructed to interface with a
9    solar energy system; and
10        (C) Any legal, financial, or institutional orders,
11    certificates, or mechanisms, including easements, leases,
12    and agreements, required to ensure continued access to
13    solar energy, its source, or its use in a solar energy
14    system, and including monitoring and educational elements
15    of a demonstration project.
16        (2) "Solar energy system" does not include
17            (A) Distribution equipment that is equally usable
18        in a conventional energy system except for those
19        components of the equipment that are necessary for
20        meeting the requirements of efficient solar energy
21        utilization; and
22            (B) Components of a solar energy system that serve
23        structural, insulating, protective, shading,
24        aesthetic, or other non-solar energy utilization
25        purposes, as defined in the regulations of the
26        Department of Commerce and Economic Opportunity.



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1        (3) The solar energy system shall conform to the
2    standards for those systems established by regulation of
3    the Department of Commerce and Economic Opportunity.
4        (4) "Solar energy system" includes major parking
5    facilities, as described in subsection (b) of Section 20 of
6    the Electric Vehicle Infrastructure Act, that purchase
7    100% of the electricity from the AMI meter to power the
8    garage or parking lot from renewable energy credits equal
9    to the energy consumed that are no more than 110% of the
10    facility's utility provider default rate.
11(Source: P.A. 94-793, eff. 5-19-06.)
12    Section 905. The Public Utilities Act is amended by
13changing Section 3-105 as follows:
14    (220 ILCS 5/3-105)  (from Ch. 111 2/3, par. 3-105)
15    Sec. 3-105. Public utility.
16    (a) "Public utility" means and includes, except where
17otherwise expressly provided in this Section, every
18corporation, company, limited liability company, association,
19joint stock company or association, firm, partnership or
20individual, their lessees, trustees, or receivers appointed by
21any court whatsoever that owns, controls, operates or manages,
22within this State, directly or indirectly, for public use, any
23plant, equipment or property used or to be used for or in
24connection with, or owns or controls any franchise, license,



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1permit or right to engage in:
2        (1) the production, storage, transmission, sale,
3    delivery or furnishing of heat, cold, power, electricity,
4    water, or light, except when used solely for communications
5    purposes;
6        (2) the disposal of sewerage; or
7        (3) the conveyance of oil or gas by pipe line.
8    (b) "Public utility" does not include, however:
9        (1) public utilities that are owned and operated by any
10    political subdivision, public institution of higher
11    education or municipal corporation of this State, or public
12    utilities that are owned by such political subdivision,
13    public institution of higher education, or municipal
14    corporation and operated by any of its lessees or operating
15    agents;
16        (2) water companies which are purely mutual concerns,
17    having no rates or charges for services, but paying the
18    operating expenses by assessment upon the members of such a
19    company and no other person;
20        (3) electric cooperatives as defined in Section 3-119;
21        (4) the following natural gas cooperatives:
22            (A) residential natural gas cooperatives that are
23        not-for-profit corporations established for the
24        purpose of administering and operating, on a
25        cooperative basis, the furnishing of natural gas to
26        residences for the benefit of their members who are



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1        residential consumers of natural gas. For entities
2        qualifying as residential natural gas cooperatives and
3        recognized by the Illinois Commerce Commission as
4        such, the State shall guarantee legally binding
5        contracts entered into by residential natural gas
6        cooperatives for the express purpose of acquiring
7        natural gas supplies for their members. The Illinois
8        Commerce Commission shall establish rules and
9        regulations providing for such guarantees. The total
10        liability of the State in providing all such guarantees
11        shall not at any time exceed $1,000,000, nor shall the
12        State provide such a guarantee to a residential natural
13        gas cooperative for more than 3 consecutive years; and
14            (B) natural gas cooperatives that are
15        not-for-profit corporations operated for the purpose
16        of administering, on a cooperative basis, the
17        furnishing of natural gas for the benefit of their
18        members and that, prior to 90 days after the effective
19        date of this amendatory Act of the 94th General
20        Assembly, either had acquired or had entered into an
21        asset purchase agreement to acquire all or
22        substantially all of the operating assets of a public
23        utility or natural gas cooperative with the intention
24        of operating those assets as a natural gas cooperative;
25        (5) sewage disposal companies which provide sewage
26    disposal services on a mutual basis without establishing



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1    rates or charges for services, but paying the operating
2    expenses by assessment upon the members of the company and
3    no others;
4        (6) (Blank);
5        (7) cogeneration facilities, small power production
6    facilities, and other qualifying facilities, as defined in
7    the Public Utility Regulatory Policies Act and regulations
8    promulgated thereunder, except to the extent State
9    regulatory jurisdiction and action is required or
10    authorized by federal law, regulations, regulatory
11    decisions or the decisions of federal or State courts of
12    competent jurisdiction;
13        (8) the ownership or operation of a facility that sells
14    compressed natural gas at retail to the public for use only
15    as a motor vehicle fuel and the selling of compressed
16    natural gas at retail to the public for use only as a motor
17    vehicle fuel;
18        (9) alternative retail electric suppliers as defined
19    in Article XVI; and
20        (10) the Illinois Power Agency.
21    (b) "Public utility" shall not mean any person who owns,
22controls, operates, or manages charging stations or facilities
23primarily used to charge or discharge a vehicle battery that
24provides power for vehicle propulsion.
25(Source: P.A. 94-738, eff. 5-4-06; 95-481, eff. 8-28-07.)



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1    Section 910. The Illinois Vehicle Code is amended by
2changing Sections 3-405 and 3-412 and by adding Section
311-1301.9 as follows:
4    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
5    Sec. 3-405. Application for registration.
6    (a) Every owner of a vehicle subject to registration under
7this Code shall make application to the Secretary of State for
8the registration of such vehicle upon the appropriate form or
9forms furnished by the Secretary. Every such application shall
10bear the signature of the owner written with pen and ink and
12        1. The name, domicile address, as defined in Section
13    1-115.5 of this Code, (except as otherwise provided in this
14    paragraph 1) and mail address of the owner or business
15    address of the owner if a firm, association or corporation.
16    If the mailing address is a post office box number, the
17    address listed on the driver license record may be used to
18    verify residence. A police officer, a deputy sheriff, an
19    elected sheriff, a law enforcement officer for the
20    Department of State Police, a fire investigator, a state's
21    attorney, an assistant state's attorney, or a state's
22    attorney special investigator may elect to furnish the
23    address of the headquarters of the governmental entity or
24    police district where he or she works instead of his or her
25    domicile address, in which case that address shall be



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1    deemed to be his or her domicile address for all purposes
2    under this Chapter 3. The spouse and children of a person
3    who may elect under this paragraph 1 to furnish the address
4    of the headquarters of the government entity or police
5    district where the person works instead of the person's
6    domicile address may, if they reside with that person, also
7    elect to furnish the address of the headquarters of the
8    government entity or police district where the person works
9    as their domicile address, in which case that address shall
10    be deemed to be their domicile address for all purposes
11    under this Chapter 3. In this paragraph 1: (A) "police
12    officer" has the meaning ascribed to "policeman" in Section
13    10-3-1 of the Illinois Municipal Code; (B) "deputy sheriff"
14    means a deputy sheriff appointed under Section 3-6008 of
15    the Counties Code; (C) "elected sheriff" means a sheriff
16    commissioned pursuant to Section 3-6001 of the Counties
17    Code; (D) "fire investigator" means a person classified as
18    a peace officer under the Peace Officer Fire Investigation
19    Act; and (E) "state's attorney", "assistant state's
20    attorney", and "state's attorney special investigator"
21    mean a state's attorney, assistant state's attorney, and
22    state's attorney special investigator commissioned or
23    appointed under Division 3-9 of the Counties Code.
24        2. A description of the vehicle, including such
25    information as is required in an application for a
26    certificate of title, determined under such standard



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1    rating as may be prescribed by the Secretary.
2        3. Information relating to the insurance policy for the
3    motor vehicle, including the name of the insurer which
4    issued the policy, the policy number, and the expiration
5    date of the policy.
6        4. Such further information as may reasonably be
7    required by the Secretary to enable him to determine
8    whether the vehicle is lawfully entitled to registration
9    and the owner entitled to a certificate of title.
10        5. An affirmation by the applicant that all information
11    set forth is true and correct. If the application is for
12    the registration of a motor vehicle, the applicant also
13    shall affirm that the motor vehicle is insured as required
14    by this Code, that such insurance will be maintained
15    throughout the period for which the motor vehicle shall be
16    registered, and that neither the owner, nor any person
17    operating the motor vehicle with the owner's permission,
18    shall operate the motor vehicle unless the required
19    insurance is in effect. If the person signing the
20    affirmation is not the sole owner of the vehicle, such
21    person shall be deemed to have affirmed on behalf of all
22    the owners of the vehicle. If the person signing the
23    affirmation is not an owner of the vehicle, such person
24    shall be deemed to have affirmed on behalf of the owner or
25    owners of the vehicle. The lack of signature on the
26    application shall not in any manner exempt the owner or



HB3754- 33 -LRB097 10261 ASK 52665 b

1    owners from any provisions, requirements or penalties of
2    this Code.
3    (b) When such application refers to a new vehicle purchased
4from a dealer the application shall be accompanied by a
5Manufacturer's Statement of Origin from the dealer, and a
6statement showing any lien retained by the dealer.
7    (c) Within 12 months after the effective date of this
8amendatory Act of the 97th General Assembly, the Secretary of
9State shall be required to include within its application for
10registration specific information about the type of electric
11vehicle registered, including the name of vehicle
12manufacturer, model, battery capacity in kWh, and name and
13address of the utility at the location of the owner's
14registered address. The Secretary of State shall issue a
15license plate with the reference "EL" reserved only for
16electric vehicles under subsection (g-5) of Section 3-412 of
17this Act. The Secretary of State shall publish online monthly
18the number of electric vehicles registered, including vehicle
19type, battery capacity, and registered locations of all types
20of electric vehicles by county, municipality, and the
21applicable utility in order to facilitate the State's planning
22goals as stated in the Electric Vehicle Infrastructure Act. The
23Secretary of State shall furnish in written report or by email
24the electric vehicle data required in this Section upon a
25written or online request form by the county, municipality, or
26utility for their use to plan the extent of public charging



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1infrastructure required for public charging stations.
2(Source: P.A. 95-207, eff. 1-1-08; 96-580, eff. 1-1-10.)
3    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
4    Sec. 3-412. Registration plates and registration stickers
5to be furnished by the Secretary of State.
6    (a) The Secretary of State upon registering a vehicle
7subject to annual registration for the first time shall issue
8or shall cause to be issued to the owner one registration plate
9for a motorcycle, trailer, semitrailer, moped or
10truck-tractor, 2 registration plates for other motor vehicles
11and, where applicable, current registration stickers for motor
12vehicles of the first division. The provisions of this Section
13may be made applicable to such vehicles of the second division,
14as the Secretary of State may, from time to time, in his
15discretion designate. On subsequent annual registrations
16during the term of the registration plate as provided in
17Section 3-414.1, the Secretary shall issue or cause to be
18issued registration stickers as evidence of current
19registration. However, the issuance of annual registration
20stickers to vehicles registered under the provisions of
21Sections 3-402.1 and 3-405.3 of this Code may not be required
22if the Secretary deems the issuance unnecessary.
23    (b) Every registration plate shall have displayed upon it
24the registration number assigned to the vehicle for which it is
25issued, the name of this State, which may be abbreviated, the



HB3754- 35 -LRB097 10261 ASK 52665 b

1year number for which it was issued, which may be abbreviated,
2the phrase "Land of Lincoln" (except as otherwise provided in
3this Code), and such other letters or numbers as the Secretary
4may prescribe. However, for apportionment plates issued to
5vehicles registered under Section 3-402.1 and fleet plates
6issued to vehicles registered under Section 3-405.3, the phrase
7"Land of Lincoln" may be omitted to allow for the word
8"apportioned", the word "fleet", or other similar language to
9be displayed. Registration plates issued to a vehicle
10registered as a fleet vehicle may display a designation
11determined by the Secretary.
12    The Secretary may in his discretion prescribe that letters
13be used as prefixes only on registration plates issued to
14vehicles of the first division which are registered under this
15Code and only as suffixes on registration plates issued to
16other vehicles. Every registration sticker issued as evidence
17of current registration shall designate the year number for
18which it is issued and such other letters or numbers as the
19Secretary may prescribe and shall be of a contrasting color
20with the registration plates and registration stickers of the
21previous year.
22    (c) Each registration plate and the required letters and
23numerals thereon, except the year number for which issued,
24shall be of sufficient size to be plainly readable from a
25distance of 100 feet during daylight, and shall be coated with
26reflectorizing material. The dimensions of the plate issued to



HB3754- 36 -LRB097 10261 ASK 52665 b

1vehicles of the first division shall be 6 by 12 inches.
2    (d) The Secretary of State shall issue for every passenger
3motor vehicle rented without a driver the same type of
4registration plates as the type of plates issued for a private
5passenger vehicle.
6    (e) The Secretary of State shall issue for every passenger
7car used as a taxicab or livery, distinctive registration
9    (f) The Secretary of State shall issue for every motorcycle
10distinctive registration plates distinguishing between
11motorcycles having 150 or more cubic centimeters piston
12displacement, or having less than 150 cubic centimeter piston
14    (g) Registration plates issued to vehicles for-hire may
15display a designation as determined by the Secretary that such
16vehicles are for-hire.
17    (g-5) The Secretary of State shall issue a license plate
18with the reference "EL" reserved only for electric vehicles as
19defined under the Electric Vehicle Infrastructure Act.
20    (h) (Blank).
21    (i) The Secretary of State shall issue for every public and
22private ambulance registration plates identifying the vehicle
23as an ambulance. The Secretary shall forward to the Department
24of Healthcare and Family Services registration information for
25the purpose of verification of claims filed with the Department
26by ambulance owners for payment for services to public



HB3754- 37 -LRB097 10261 ASK 52665 b

1assistance recipients.
2    (j) The Secretary of State shall issue for every public and
3private medical carrier or rescue vehicle livery registration
4plates displaying numbers within ranges of numbers reserved
5respectively for medical carriers and rescue vehicles. The
6Secretary shall forward to the Department of Healthcare and
7Family Services registration information for the purpose of
8verification of claims filed with the Department by owners of
9medical carriers or rescue vehicles for payment for services to
10public assistance recipients.
11    (k) The Secretary of State shall issue distinctive license
12plates or distinctive license plate stickers for every vehicle
13exempted from subsections (a) and (a-5) of Section 12-503 by
14subsection (g) of that Section, and by subsection (g-5) of that
15Section before its deletion by this amendatory Act of the 95th
16General Assembly. The Secretary shall issue these plates or
17stickers immediately upon receiving the physician's
18certification required under subsection (g) of Section 12-503.
19New plates or stickers shall also be issued when the
20certification is renewed as provided in that subsection.
21    (l) The Secretary of State shall issue distinctive
22registration plates for low-speed vehicles.
23(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07;
2496-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff.
2510-30-09; 96-1000, eff. 7-2-10.)



HB3754- 38 -LRB097 10261 ASK 52665 b

1    (625 ILCS 5/11-1301.9 new)
2    Sec. 11-1301.9. Parking spaces reserved for electric
3vehicles; penalties.
4    (a) Beginning January 1, 2012, no person may park a
5non-electric vehicle in a space designated and marked as
6reserved for electric vehicles. For the purposes of this
7Section, "electric vehicle" shall have the meaning given to
8that term in the Electric Vehicle Infrastructure Act.
9    (b) Beginning January 1, 2012, any person who parks a
10non-electric vehicle in a space designated and marked as
11reserved for electric vehicles shall receive a warning.
12    (c) Beginning July 1, 2012, any person who parks a
13non-electric vehicle in a space designated and marked as
14reserved for electric vehicles shall be guilty of a traffic
15infraction under Regulating the standing or parking of
16vehicles, except as limited by Section 11-1306 of this Act and
17shall be fined not less than $150 nor more than $300, and shall
18pay any costs incurred by the court related to assessing the
20    (d) Any citation issued under this Section may be mailed to
21the violator pursuant to Section 1-2-9.1 of the Illinois
22Municipal Code or, in the case of an unincorporated area of a
23county, pursuant to Section 5-43025 of the Counties Code.
24    Section 999. Effective date. This Act takes effect upon
25becoming law.



HB3754- 39 -LRB097 10261 ASK 52665 b

2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.786 new
5    35 ILCS 200/10-5
6    220 ILCS 5/3-105from Ch. 111 2/3, par. 3-105
7    625 ILCS 5/3-405from Ch. 95 1/2, par. 3-405
8    625 ILCS 5/3-412from Ch. 95 1/2, par. 3-412
9    625 ILCS 5/11-1301.9 new