Full Text of HB5332 97th General Assembly
HB5332eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning associations.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Homeowners' Electric Vehicle Act. | 6 | | Section 5. Legislative intent. The legislative intent in | 7 | | enacting this Act is to protect the public health, safety, and | 8 | | welfare by encouraging the development and use of electric | 9 | | vehicles and electric vehicle charging systems in order to | 10 | | conserve and protect the value of land, buildings, and | 11 | | resources by preventing the adoption of measures which will | 12 | | have the ultimate effect, however unintended, of preventing the | 13 | | use of electric vehicles by any person residing at a home that | 14 | | is subject to a homeowners' association, common interest | 15 | | community association, or condominium unit owners' | 16 | | association. | 17 | | Section 10. Definitions. In this Act: | 18 | | "Electric vehicle" has the meaning ascribed to that term in | 19 | | the 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 | 9 | | any provision of this Act or other provision of law, the | 10 | | adoption of a bylaw or exercise of any power by the governing | 11 | | entity of a homeowners' association, common interest community | 12 | | association, or condominium unit owners' association which | 13 | | prohibits or has the effect of prohibiting the ownership of an | 14 | | electric vehicle, prohibiting the continuous charging of an | 15 | | electric vehicle, or prohibiting the installation of a electric | 16 | | vehicle charging system is expressly prohibited. | 17 | | Section 20. Deed restrictions; covenants. No deed | 18 | | restrictions, covenants, or similar binding agreements running | 19 | | with the land shall prohibit or have the effect of prohibiting | 20 | | the use or ownership of an electric vehicle or the installation | 21 | | or operation of an electric vehicle charging system from being | 22 | | installed on a building erected on a lot or parcel covered by | 23 | | the deed restrictions, covenants, or binding agreements if the | 24 | | building is subject to a homeowners' association, common |
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| 1 | | interest community association, or condominium unit owners' | 2 | | association. A property owner may not be denied permission to | 3 | | install an electric vehicle charging system by any entity | 4 | | granted the power or right in any deed restriction, covenant, | 5 | | or similar binding agreement to approve, forbid, control, or | 6 | | direct alteration of property. However, for purposes of this | 7 | | Act, the entity may determine reasonable restrictions on the | 8 | | specific location where an electric vehicle charging system may | 9 | | be installed. Within 45 days after a homeowners' association, | 10 | | common interest community association, or condominium unit | 11 | | owners' association receives a request for a policy or an | 12 | | application from an association member, the association shall | 13 | | adopt an electric vehicle charging system policy or amend an | 14 | | existing energy policy regarding: (i) reasonable restrictions | 15 | | on the location, design, and architectural requirements of an | 16 | | electric vehicle charging system; and (ii) whether an | 17 | | association member may use an electric outlet in a common area | 18 | | and the means for payment of the electricity in a common area, | 19 | | and, if so, reasonable restrictions on the location, design, | 20 | | and architectural requirements of a system in a common area. An | 21 | | association shall disclose, upon request, its electric vehicle | 22 | | charging system policy and shall include the policy in its | 23 | | homeowners' association, common interest community | 24 | | association, or condominium unit owners' association | 25 | | declaration, bylaws, or policies. For purposes of this Section, | 26 | | "reasonable restrictions" are limitations that do not |
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| 1 | | significantly increase the cost of the electric vehicle | 2 | | charging system or significantly decrease its efficiency or | 3 | | specified performance. | 4 | | Section 25. Standards and requirements. An electric | 5 | | vehicle charging system shall meet applicable standards and | 6 | | requirements imposed by State and local permitting | 7 | | authorities. | 8 | | Section 30. Application for approval. Whenever approval is | 9 | | required for the installation or use of an electric vehicle | 10 | | charging system, the application for approval shall be | 11 | | processed by the appropriate approving entity of the | 12 | | association within 30 days after the submission of the | 13 | | application.
However, if an application is submitted before an | 14 | | electric vehicle charging system policy is adopted by an | 15 | | association, the association has until the longer of the | 16 | | following 2 periods to process the application: (1) 15 days | 17 | | after a policy is adopted in accordance with Section 20 of this | 18 | | Act or (2) 30 days after the application is submitted. If an | 19 | | application is not denied in writing before the end of the | 20 | | applicable time period provided by this Section, the | 21 | | application shall be deemed approved, unless that delay is the | 22 | | result of a reasonable request for additional information. | 23 | | Section 32. Notice to local electric utility. Within 30 |
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| 1 | | days after receiving a request for an electric vehicle charging | 2 | | system policy, an application for the installation or use of an | 3 | | electric vehicle charging system, or notification from an | 4 | | association member that the member intends to install an | 5 | | electric vehicle charging system, a homeowners' association, | 6 | | common interest community association, or condominium unit | 7 | | owners' association shall notify the electric utility from | 8 | | which the association receives electricity or delivery | 9 | | services of the planned installation. | 10 | | Section 35. Violations. Any entity, other than a public | 11 | | entity, that willfully violates this Act shall be liable to the | 12 | | applicant for actual damages occasioned thereby and for any | 13 | | other consequential damages.
Any entity that complies with the | 14 | | requirements of this Act shall not be liable to any other | 15 | | resident or third party for such compliance.
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