Illinois General Assembly - Full Text of SB0040
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0040  103rd General Assembly




SB0040 EnrolledLRB103 04654 LNS 49662 b

1    AN ACT concerning regulation.
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 Charging Act.
6    Section 5. Legislative intent. Electric vehicles are an
7important tool to fight the climate crisis, tackle air
8pollution, and provide safe, clean, and affordable personal
9transportation. The State should encourage urgent and
10widespread adoption of electric vehicles. Since most current
11electric vehicle owners are single-family homeowners who
12charge at home, providing access to home charging for those in
13multi-unit dwellings is crucial to wider electric vehicle
14adoption. This includes small multifamily residences and
15condominium unit owners and renters, regardless of parking
16space ownership and regardless of income. Therefore, a
17significant portion of parking spaces in new and renovated
18residential developments shall be capable of electric vehicle
19charging. Additionally, renters and condominium unit owners
20shall be able to install charging equipment for electric
21vehicles under reasonable conditions.
22    Section 10. Applicability. This Act applies to newly



SB0040 Enrolled- 2 -LRB103 04654 LNS 49662 b

1constructed single-family homes and multi-unit residential
2buildings that have parking spaces and are constructed after
3the effective date of this Act.
4    Section 15. Definitions. As used in this Act:
5    "Affordable housing development" means (i) any housing
6that is subsidized by the federal or State government or (ii)
7any housing in which at least 20% of the dwelling units are
8subject to covenants or restrictions that require that the
9dwelling units to be sold or rented at prices that preserve
10them as affordable housing for a period of at least 10 years.
11    "Association" has the meaning set forth in subsection (o)
12of Section 2 of the Condominium Property Act or Section 1-5 of
13the Common Interest Community Association Act, as applicable.
14    "Electric vehicle" means a vehicle that is exclusively
15powered by and refueled by electricity, plugs in to charge,
16and is licensed to drive on public roadways. "Electric
17vehicle" does not include electric mopeds, electric
18off-highway vehicles, hybrid electric vehicles, or
19extended-range electric vehicles that are equipped, fully or
20partially, with conventional fueled propulsion or auxiliary
22    "Electric vehicle charging system" means a device that is:
23        (1) used to provide electricity to an electric
24    vehicle;
25        (2) designed to ensure that a safe connection has been



SB0040 Enrolled- 3 -LRB103 04654 LNS 49662 b

1    made between the electric grid and the electric vehicle;
2    and
3        (3) able to communicate with the vehicle's control
4    system so that electricity flows at an appropriate voltage
5    and current level. An electric vehicle charging system may
6    be wall mounted or pedestal style, may provide multiple
7    cords to connect with electric vehicles, and shall:
8            (i) be certified by Underwriters Laboratories or
9        have been granted an equivalent certification; and
10            (ii) comply with the current version of Article
11        625 of the National Electrical Code.
12    "Electric vehicle supply equipment" or "EVSE" means a
13conductor, including an ungrounded, grounded, and equipment
14grounding conductor, and electric vehicle connectors,
15attachment plugs, and all other fittings, devices, power
16outlets, and apparatuses installed specifically for the
17purpose of transferring energy between the premises wiring and
18the electric vehicle.
19    "EV-capable" means parking spaces that have the electrical
20panel capacity and conduit installed during construction to
21support future implementation of electric vehicle charging
22with 208-volt or 240-volt or greater, 40-ampere or greater
23circuits. Each EV-capable space shall feature a continuous
24raceway or cable assembly installed between an enclosure or
25outlet located within 3 feet of the EV-capable space and a
26suitable panelboard or other onsite electrical distribution



SB0040 Enrolled- 4 -LRB103 04654 LNS 49662 b

1equipment. The electrical distribution equipment to which the
2raceway or cable assembly connects shall have sufficient
3dedicated space and spare electrical capacity for a 2-pole
4circuit breaker or set of fuses. Reserved capacity shall be no
5less than 40A 208/240V for each EV-capable space unless
6EV-capable spaces will be controlled by an energy management
7system providing load management in accordance with NFPA 70,
8shall have a minimum capacity of 4.1 kilovolt-ampere per
9space, or have a minimum capacity of 2.7 kilovolt-ampere per
10space when all of the parking spaces are designed to be
11EV-capable spaces, EV-ready spaces, or EVSE-installed spaces.
12The electrical enclosure or outlet and the electrical
13distribution equipment directory shall be marked "For future
14electric vehicle supply equipment (EVSE)." This strategy
15ensures the reduction of up-front costs for electric vehicle
16charging station installation by providing the electrical
17elements that are difficult to install during a retrofit.
18Anticipating the use of dual-head EVSE, the same circuit may
19be used to support charging in adjacent EV-capable spaces. For
20purposes of this Act, "EV capable" shall not be construed to
21require a developer or builder to install or run wire or cable
22from the electrical panel through the conduit or raceway to
23the terminus of the conduit.
24    "EV-ready" means parking spaces that are provided with a
25branch circuit and either an outlet, junction box, or
26receptacle that will support an installed EVSE. Each branch



SB0040 Enrolled- 5 -LRB103 04654 LNS 49662 b

1circuit serving EV-ready spaces shall terminate at an outlet
2or enclosure, located within 3 feet of each EV-ready space it
3serves. The panelboard or other electrical distribution
4equipment directory shall designate the branch circuit as "For
5electric vehicle supply equipment (EVSE)" and the outlet or
6enclosure shall be marked "For electric vehicle supply
7equipment (EVSE)." The capacity of each branch circuit serving
8multiple EV-ready spaces designed to be controlled by an
9energy management system providing load management in
10accordance with NFPA 70, shall have a minimum capacity of 4.1
11kilovolt-ampere per space, or have a minimum capacity of 2.7
12kilovolt-ampere per space when all of the parking spaces are
13designed to be EV-capable spaces, EV-ready spaces, or EVSE
15    "EVSE-installed" means electric vehicle supply equipment
16that is fully installed from the electrical panel to the
17parking space.
18    "Large multifamily residence" means a single residential
19building that accommodates 5 families or more.
20    "Level 1" means a 120-volt 20-ampere minimum branch
22    "Level 2" means a 208-volt to 240-volt 40-ampere branch
24    "New" means newly constructed.
25    "Reasonable restriction" means a restriction that does not
26significantly increase the cost of the electric vehicle



SB0040 Enrolled- 6 -LRB103 04654 LNS 49662 b

1charging station or electric vehicle charging system or
2significantly decrease its efficiency or specified
4    "Single-family residence" means a detached single-family
5residence on a single lot.
6    "Small multifamily residence" means a single residential
7building that accommodates 2 to 4 families.
8    Section 20. EV-capable parking space requirement. A new
9single-family residence or a small multifamily residence shall
10have at least one EV-capable parking space for each
11residential unit that has dedicated parking, unless any
12subsequently adopted building code requires additional
13EV-capable parking spaces, EV-ready parking spaces, or
14installed EVSE. A new single-family residence or small
15multifamily residence that qualifies as an affordable housing
16development shall have one EV-capable parking space for each
17code-required parking space if the owner is issued a building
18permit 24 months after the effective date of this Act. Where
19code-required parking exceeds one parking space per dwelling
20unit, only one parking space per dwelling unit is required to
21be EV-capable.
22    Section 25. Residential requirements.
23    (a) All building permits issued 90 days after the
24effective date of this Act shall require a new, large



SB0040 Enrolled- 7 -LRB103 04654 LNS 49662 b

1multifamily residential building or a large multifamily
2residential building being renovated by a developer converting
3the property to an association to have 100% of its total
4parking spaces EV-capable. However, nothing in this Act shall
5be construed to require that in the case of a developer
6converting the property to an association, no EV-capable or
7EV-ready mandate shall apply if it would necessitate the
8developer having to excavate an existing surface lot or other
9parking facility in order to retro-fit the parking lot or
10facility with the necessary conduit and wiring.
11    (b) The following requirements and timelines shall apply
12for affordable housing. A new construction single-family
13residence or small multifamily residence that qualifies as an
14affordable housing development under the same project
15ownership and is located on a campus with centralized parking
16areas is subject to the requirements and timelines below.
17    All building permits issued 24 months after the effective
18date of this Act shall require a new construction large
19multifamily residence that qualifies as an affordable housing
20development to have the following, unless additional
21requirements are required under a subsequently adopted
22building code:
23        (1) For permits issued 24 months after the effective
24    date of this Act, a minimum of 40% EV-capable parking
25    spaces.
26        (2) For permits issued 5 years after the effective



SB0040 Enrolled- 8 -LRB103 04654 LNS 49662 b

1    date of this Act, a minimum of 50% EV-capable parking
2    spaces.
3        (3) For permits issued 10 years after the effective
4    date of this Act, a minimum of 70% EV-capable parking
5    spaces.
6    (d) An accessible parking space is not required by this
7Section if no accessible parking spaces are required by the
8local zoning code.
9    Section 30. Electric vehicle charging system policy for
10unit owners.
11    (a) Any covenant, restriction, or condition contained in
12any deed, contract, security interest, or other instrument
13affecting the transfer or sale of any interest in a
14condominium or common interest community, and any provision of
15a governing document that effectively prohibits or
16unreasonably restricts the installation or use of an electric
17vehicle charging system within a unit owner's unit or a
18designated parking space, including, but not limited to, a
19deeded parking space, a parking space in a unit owner's
20exclusive use common area, or a parking space that is
21specifically designated for use by a particular unit owner, or
22is in conflict with this Section, is void and unenforceable.
23    (b) This Section does not apply to provisions that impose
24a reasonable restriction on an electric vehicle charging
25system. Any electric vehicle charging system installed by a



SB0040 Enrolled- 9 -LRB103 04654 LNS 49662 b

1unit owner pursuant to this Section is the property of that
2unit owner and in no case will be deemed a part of the common
3elements or common area.
4    (c) An electric vehicle charging system shall meet
5applicable health and safety standards and requirements
6imposed by State and local authorities and all other
7applicable zoning, land use, or other ordinances or land use
9    (d) If approval is required for the installation or use of
10an electric vehicle charging system, the association shall
11process and approve the application in the same manner as an
12application for approval of an alteration, modification, or
13improvement to common elements or common areas or an
14architectural modification to the property, and the
15association shall not unreasonably delay the approval or
16denial of the application. The approval or denial of an
17application shall be in writing. If an application is not
18denied in writing within 60 days from the date of the receipt
19of the application, the application shall be deemed approved
20unless the delay is the result of a reasonable request for
21additional information.
22    (e) If the electric vehicle charging system is to be
23placed in a common area or exclusive use common area, as
24designated by the condominium or common interest community
25association, the following applies:
26        (1) The unit owner shall first obtain prior written



SB0040 Enrolled- 10 -LRB103 04654 LNS 49662 b

1    approval from the association to install the electric
2    vehicle charging system and the association shall approve
3    the installation if the unit owner agrees, in writing, to:
4            (A) comply with the association's architectural
5        standards or other reasonable conditions and
6        restrictions for the installation of the electric
7        vehicle charging system;
8            (B) engage a licensed and insured electrical
9        contractor to install the electric vehicle charging
10        system. The electrical contractor shall name the
11        association, its officers, directors, and agents as
12        additional insured and shall provide a certificate of
13        insurance to the association evidencing such
14        additional insured status;
15            (C) within 14 days after approval, provide a
16        certificate of insurance that names the association,
17        its officers, directors, and agents as an additional
18        insured party under the unit owner's insurance policy
19        as required under paragraph (3);
20            (D) pay for both the costs associated with the
21        installation of and the electricity usage associated
22        with the electric vehicle charging system; and
23            (E) be responsible for damage to the common
24        elements or common areas or other units resulting from
25        the installation, use, and removal of the electric
26        vehicle charging system.



SB0040 Enrolled- 11 -LRB103 04654 LNS 49662 b

1        (2) The unit owner, and each successive unit owner of
2    the electric vehicle charging system, is responsible for:
3            (A) costs for damage to the electric vehicle
4        charging system, common area, exclusive use common
5        area, or separate interests resulting from the
6        installation, maintenance, repair, removal, or
7        replacement of the electric vehicle charging system;
8            (B) costs for the maintenance, repair, and
9        replacement of the electric vehicle charging system
10        until it has been removed, and for the restoration of
11        the common area after removal;
12            (C) costs of electricity associated with the
13        charging system, which shall be based on:
14                (i) an embedded submetering device; or
15                (ii) a reasonable calculation of cost, based
16            on the average miles driven, efficiency of the
17            electric vehicle calculated by the United States
18            Environmental Protection Agency, and the cost of
19            electricity for the common area; and
20            (D) disclosing to a prospective buyer the
21        existence of any electric vehicle charging system of
22        the unit owner and the related responsibilities of the
23        unit owner under this Section.
24        (3) The purpose of the costs under paragraph (2) is
25    for the reasonable reimbursement of electricity usage and
26    shall not be set to deliberately exceed the reasonable



SB0040 Enrolled- 12 -LRB103 04654 LNS 49662 b

1    reimbursement.
2        (4) The unit owner of the electric vehicle charging
3    system, whether the electric vehicle charging system is
4    located within the common area or exclusive use common
5    area, shall, at all times, maintain a liability coverage
6    policy. The unit owner that submitted the application to
7    install the electric vehicle charging system shall provide
8    the association with the corresponding certificate of
9    insurance within 14 days after approval of the
10    application. The unit owner, and each successive unit
11    owner, shall provide the association with the certificate
12    of insurance annually thereafter.
13        (5) A unit owner is not required to maintain a
14    homeowner liability coverage policy for an existing
15    National Electrical Manufacturers Association standard
16    alternating current power plug.
17    (f) Except as provided in subsection (g), the installation
18of an electric vehicle charging system for the exclusive use
19of a unit owner in a common area that is not an exclusive use
20common area may be authorized by the association, subject to
21applicable law, only if installation in the unit owner's
22designated parking space is impossible or unreasonably
23expensive. In such an event, the association shall enter into
24a license agreement with the unit owner for the use of the
25space in a common area, and the unit owner shall comply with
26all of the requirements in subsection (e).



SB0040 Enrolled- 13 -LRB103 04654 LNS 49662 b

1    (g) An association may install an electric vehicle
2charging system in the common area for the use of all unit
3owners and members of the association. The association shall
4develop appropriate terms of use for the electric vehicle
5charging system.
6    (h) An association that willfully violates this Section
7shall be liable to the unit owner for actual damages and shall
8pay a civil penalty to the unit owner not to exceed $500.
9    (i) In any action by a unit owner requesting to have an
10electric vehicle charging system installed and seeking to
11enforce compliance with this Section, the court shall award
12reasonable attorney's fees to a prevailing party.
13    Section 35. Electric vehicle charging system policy for
15    (a) Notwithstanding any provision in the lease to the
16contrary and subject to subsection (b):
17        (1) a tenant may install, at the tenant's expense for
18    the tenant's own use, a level 1 receptacle or outlet, a
19    level 2 receptacle or outlet, or a level 2 electric
20    vehicle charging system on or in the leased premises;
21        (2) a landlord shall not assess or charge a tenant any
22    fee for the placement or use of an electric vehicle
23    charging system, except that:
24            (A) the landlord may:
25                (i) require reimbursement for the actual cost



SB0040 Enrolled- 14 -LRB103 04654 LNS 49662 b

1            of electricity provided by the landlord that was
2            used by the electric vehicle charging system;
3                (ii) charge a reasonable fee for access. If
4            the electric vehicle charging system is part of a
5            network for which a network fee is charged, the
6            landlord's reimbursement may include the amount of
7            the network fee. Nothing in this subparagraph
8            requires a landlord to impose upon a tenant a fee
9            or charge other than the rental payments specified
10            in the lease; or
11                (iii) charge a security deposit to cover costs
12            to restore the property to its original condition
13            if the tenant removes the electric vehicle
14            charging system.
15            (B) the landlord may require reimbursement for the
16        cost of the installation of the electric vehicle
17        charging system, including any additions or upgrades
18        to existing wiring directly attributable to the
19        requirements of the electric vehicle charging system,
20        if the landlord places or causes the electric vehicle
21        charging system to be placed at the request of the
22        tenant; and
23            (C) if the tenant desires to place an electric
24        vehicle charging system in an area accessible to other
25        tenants, the landlord may assess or charge the tenant
26        a reasonable fee to reserve a specific parking space



SB0040 Enrolled- 15 -LRB103 04654 LNS 49662 b

1        in which to install the electric vehicle charging
2        system.
3    (b) A landlord may require a tenant to comply with:
4        (1) bona fide safety requirements consistent with an
5    applicable building code or recognized safety standard for
6    the protection of persons and property;
7        (2) a requirement that the electric vehicle charging
8    system be registered with the landlord within 30 days
9    after installation; or
10        (3) reasonable aesthetic provisions that govern the
11    dimensions, placement, or external appearance of an
12    electric vehicle charging system.
13    (c) A tenant may place an electric vehicle charging system
15        (1) the electric vehicle charging system is in
16    compliance with all applicable requirements adopted by a
17    landlord under subsection (b); and
18        (2) the tenant agrees, in writing, to:
19            (A) comply with the landlord's design
20        specifications for the installation of an electric
21        vehicle charging system;
22            (B) engage the services of a duly licensed and
23        registered electrical contractor familiar with the
24        installation and code requirements of an electric
25        vehicle charging system; and
26            (C) provide, within 14 days after receiving the



SB0040 Enrolled- 16 -LRB103 04654 LNS 49662 b

1        landlord's consent for the installation, a certificate
2        of insurance naming the landlord as an additional
3        insured party on the tenant's renter's insurance
4        policy for any claim related to the installation,
5        maintenance, or use of the electric vehicle charging
6        system or, at the landlord's option, reimbursement to
7        the landlord for the actual cost of any increased
8        insurance premium amount attributable to the electric
9        vehicle charging system, notwithstanding any provision
10        to the contrary in the lease. The tenant shall provide
11        reimbursement for an increased insurance premium
12        amount within 14 days after the tenant receives the
13        landlord's invoice for the amount attributable to the
14        electric vehicle charging system.
15    (d) If the landlord consents to a tenant's installation of
16an electric vehicle charging system on property accessible to
17other tenants, including a parking space, carport, or garage
18stall, then, unless otherwise specified in a written agreement
19with the landlord:
20        (1) The tenant, and each successive tenant with
21    exclusive rights to the area where the electric vehicle
22    charging system is installed, is responsible for costs for
23    damages to the electric vehicle charging system and to any
24    other property of the landlord or another tenant resulting
25    from the installation, maintenance, repair, removal, or
26    replacement of the electric vehicle charging system.



SB0040 Enrolled- 17 -LRB103 04654 LNS 49662 b

1            (A) Costs under this paragraph shall be based on:
2                (i) an embedded submetering device; or
3                (ii) a reasonable calculation of cost, based
4            on the average miles driven, efficiency of the
5            electric vehicle calculated by the United States
6            Environmental Protection Agency, and the cost of
7            electricity for the common area.
8            (B) The purpose of the costs under this paragraph
9        is for reasonable reimbursement of electricity usage
10        and shall not be set to deliberately exceed that
11        reasonable reimbursement.
12        (2) Each successive tenant with exclusive rights to
13    the area where the electric vehicle charging system is
14    installed shall assume responsibility for the repair,
15    maintenance, removal, and replacement of the electric
16    vehicle charging system until the electric vehicle
17    charging system is removed.
18        (3) The tenant, and each successive tenant with
19    exclusive rights to the area where the electric vehicle
20    charging system is installed, shall, at all times, have
21    and maintain an insurance policy covering the obligations
22    of the tenant under this subsection and shall name the
23    landlord as an additional insured party under the policy.
24        (4) The tenant, and each successive tenant with
25    exclusive rights to the area where the electric vehicle
26    charging system is installed, is responsible for removing



SB0040 Enrolled- 18 -LRB103 04654 LNS 49662 b

1    the system if reasonably necessary or convenient for the
2    repair, maintenance, or replacement of any property of the
3    landlord, whether or not leased to another tenant.
4    (e) An electric vehicle charging system installed at the
5tenant's cost is the property of the tenant. Upon termination
6of the lease, if the electric vehicle charging system is
7removable, the tenant may either remove it or sell it to the
8landlord or another tenant for an agreed price. Nothing in
9this subsection requires the landlord or another tenant to
10purchase the electric vehicle charging system.
11    (f) A landlord that willfully violates this Section shall
12be liable to the tenant for actual damages, and shall pay a
13civil penalty to the tenant in an amount not to exceed $1,000.
14    (g) In any action by a tenant requesting to have an
15electric vehicle charging system installed and seeking to
16enforce compliance with this Section, the court shall award
17reasonable attorney's fees to a prevailing plaintiff.
18    (h) A tenant whose landlord is an owner in an association
19and who desires to install an electric vehicle charging
20station must obtain approval to do so through the tenant's
21landlord or owner and in accordance with those provisions of
22this Act applicable to associations.