Bill Text: IL HB4284 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Electric Vehicle Charging Act. Provides that the Act applies to new or renovated residential or nonresidential buildings with parking. Provides that a new or renovated residential building is required to have a certain percentage, based on the number of units in the residential building, of its total parking spaces either electric vehicle ready or electric vehicle capable. Provides that a new or renovated nonresidential building is required to have 30% of its total parking spaces electric vehicle ready. Provides various requirements related to electric vehicle charging stations for unit owners. Provides various requirements related to electric vehicle charging systems for renters.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4284 Detail]

Download: Illinois-2019-HB4284-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4284 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
New Act
Creates the Electric Vehicle Charging Act. Provides that the Act applies to new or renovated residential or nonresidential buildings with parking. Provides that a new or renovated residential building is required to have a certain percentage, based on the number of units in the residential building, of its total parking spaces either electric vehicle ready or electric vehicle capable. Provides that a new or renovated nonresidential building is required to have 30% of its total parking spaces electric vehicle ready. Provides various requirements related to electric vehicle charging stations for unit owners. Provides various requirements related to electric vehicle charging systems for renters.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Electric Vehicle Charging Act.
Section 5. Legislative intent. Electric vehicles are an
important tool to fight the climate crisis, tackle air
pollution, and provide safe, clean, and affordable personal
transportation. The State should encourage urgent and
widespread adoption of electric vehicles. Since most current
electric vehicle owners are single-family homeowners who
charge at home, providing access to home charging for those in
multi-unit dwellings is crucial to wider electric vehicle
adoption. This includes condominium unit owners and renters,
regardless of parking space ownership and regardless of income.
Therefore, a significant portion of parking spaces in new and
renovated residential and commercial developments must be
capable of electric vehicle charging. Additionally, renters
and condominium unit owners must be able to install charging
equipment for their cars under reasonable conditions.
Section 10. Applicability. This Act applies to new or
renovated residential or nonresidential buildings that have

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parking spaces and are constructed or renovated after the
effective date of this Act.
Section 15. Definitions. As used in this Act:
"Electric vehicle" means a vehicle that is powered by an
electric motor, runs on a rechargeable battery, and must be
plugged in to charge.
"Electric vehicle capable" means an installed electrical
panel capacity with a dedicated branch circuit and a continuous
raceway from the panel to the future electric vehicle parking
space.
"Electric vehicle charging station" means a station that is
designed in compliance with the relevant building code and
delivers electricity from a source outside an electric vehicle
into one or more electric vehicles. "Electric vehicle charging
station" includes several charging points simultaneously
connecting several electric vehicles to the electric vehicle
charging station and any related equipment needed to facilitate
charging an electric vehicle.
"Electric vehicle charging system" means a device that is:
(1) used to provide electricity to an electric vehicle;
(2) designed to ensure that a safe connection has been
made between the electric grid and the electric vehicle;
and
(3) able to communicate with the vehicle's control
system so that electricity flows at an appropriate voltage

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and current level.
An electric vehicle charging system may be wall mounted or
pedestal style, may provide multiple cords to connect with
electric vehicles, and shall: (i) be certified by underwriters
laboratories or have been granted an equivalent certification;
and (ii) comply with the current version of Article 625 of the
National Electrical Code.
"Electric vehicle charging supply equipment" means a
conductor, including an ungrounded, grounded, and equipment
grounding conductor, and electric vehicle connectors,
attachment plugs, and all other fittings, devices, power
outlets, and apparatuses installed specifically for the
purpose of transferring energy between the premises wirings and
the electric vehicle.
"Electric vehicle ready" means a parking space that is
designed and constructed to include a fully-wired circuit with
a 208-volt to 250-volt, 40-ampere electric vehicle charging
receptacle outlet or termination point, including the conduit,
wiring, and electrical service capacity necessary to serve that
receptacle, to allow for future electric vehicle charging
supply equipment.
"Level 1" means a charging system that provides charging
through a 120-volt AC plug with a cord connector that meets the
SAE International J1772 standard or successor standard.
"Level 2" means a charging system that provides charging
through a 208-volt to 240-volt AC plug with a cord connector

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that meets the SAE International J1772 standard or a successor
standard.
"New" means any newly constructed building and associated
newly constructed parking facility.
"Reasonable restriction" means a restriction that does not
significantly increase the cost of the electric vehicle
charging station or electric vehicle charging system or
significantly decrease its efficiency or specified
performance.
"Renovated" means any building with alterations and
additions involving the removal of interior finishes and
significant proposed upgrades to structural, mechanical,
electrical, or plumbing systems.
Section 20. Residential requirements. A new or renovated
residential building shall have:
(1) 100% of its total parking spaces electric vehicle
ready, if there are one to 6 parking spaces;
(2) 100% of its total parking spaces electric vehicle
capable, of which at least 20% shall be electric vehicle
ready, if there are 6 to 23 parking spaces; or
(3) 100% of its total parking spaces electric vehicle
capable, if there are 24 or more parking spaces.
Additionally, a new or renovated residential building
shall provide at least one parking space with electric vehicle
charging supply equipment installed, and for each additional

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parking space with electric vehicle charging supply equipment
installed, the electric vehicle ready requirement is decreased
by 2%.
Each parking space shall be marked and signed for common
use by residents. A resident shall use an electric vehicle
parking space only when he or she is charging his or her
electric vehicle.
Section 25. Nonresidential requirements. A new or
renovated nonresidential building shall have 30% of its total
parking spaces electric vehicle ready.
Section 30. Electric vehicle station policy for unit
owners.
(a) Any covenant, restriction, or condition contained in
any deed, contract, security interest, or other instrument
affecting the transfer or sale of any interest in a condominium
or common interest community, and any provision of a governing
document that effectively prohibits or unreasonably restricts
the installation or use of an electric vehicle charging station
within a unit owner's unit or a designated parking space,
including, but not limited to, a deeded parking space, a
parking space in a unit owner's exclusive use common area, or a
parking space that is specifically designated for use by a
particular unit owner, or is in conflict with this Section, is
void and unenforceable.

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(b) This Section does not apply to provisions that impose a
reasonable restriction on an electric vehicle charging
station. However, it is the policy of this State to promote,
encourage, and remove obstacles to the use of an electric
vehicle charging station.
(c) An electric vehicle charging station shall meet
applicable health and safety standards and requirements
imposed by State and local authorities, and all other
applicable zoning, land use, or other ordinances or land use
permits.
(d) If approval is required for the installation or use of
an electric vehicle charging station, the association shall
process and approve the application in the same manner as an
application for approval of an architectural modification to
the property, and the association shall not willfully avoid or
delay the adjudication of the application. The approval or
denial of an application shall be in writing. If an application
is not denied in writing within 60 days from the date of the
receipt of the application, the application shall be deemed
approved unless the delay is the result of a reasonable request
for additional information.
(e) If the electric vehicle charging station is to be
placed in a common area or exclusive use common area, as
designated by the condominium or common interest community
association, the following applies:
(1) The unit owner shall first obtain approval from the

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association to install the electric vehicle charging
station and the association shall approve the installation
if the unit owner agrees, in writing, to:
(i) comply with the association's architectural
standards for the installation of the electric vehicle
charging station;
(ii) engage a licensed contractor to install the
electric vehicle charging station;
(iii) within 14 days of approval, provide a
certificate of insurance that names the association as
an additional insured party under the unit owner's
insurance policy as required under paragraph (3); and
(iv) pay for both the costs associated with the
installation of and the electricity usage associated
with the electric vehicle charging station.
(2) The unit owner, and each successive unit owner of
the electric vehicle charging station, is responsible for:
(i) costs for damage to the electric vehicle
charging station, common area, exclusive use common
area, or separate interests resulting from the
installation, maintenance, repair, removal, or
replacement of the electric vehicle charging station;
(ii) costs for the maintenance, repair, and
replacement of the electric vehicle charging station
until it has been removed, and for the restoration of
the common area after removal;

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(iii) costs of electricity associated with the
charging station, which shall be based on:
(A) an inexpensive submetering device; or
(B) a reasonable calculation of cost, based on
the average miles driven, efficiency of the
electric vehicle calculated by the United States
Environmental Protection Agency, and the cost of
electricity for the common area; and
(iv) disclosing to a prospective buyer the
existence of any electric vehicle charging station of
the unit owner and the related responsibilities of the
unit owner under this Section.
(3) The purpose of the costs under paragraph (2) is for
the reasonable reimbursement of electricity usage, and
shall not be set to deliberately exceed the reasonable
reimbursement.
(4) The unit owner of the electric vehicle charging
station, whether the electric vehicle charging station is
located within the common area or exclusive use common
area, shall, at all times, maintain a liability coverage
policy. The unit owner that submitted the application to
install the electric vehicle charging station shall
provide the association with the corresponding certificate
of insurance with 14 days of approval of the application.
The unit owner, and each successive unit owner, shall
provide the association with the certificate of insurance

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annually thereafter.
(5) A unit owner is not required to maintain a
homeowner liability coverage policy for an existing
National Electrical Manufacturers Association standard
alternating current power plug.
(f) Except as provided in subsection (g), the installation
of an electric vehicle charging station for the exclusive use
of a unit owner in a common area that is not an exclusive use
common area shall be authorized by the association only if
installation in the unit owner's designated parking space is
impossible or unreasonably expensive. In such an event, the
association shall enter into a license agreement with the unit
owner for the use of the space in a common area, and the unit
owner shall comply with all of the requirements in subsection
(e).
(g) An association may install an electric vehicle charging
station in the common area for the use of all unit owners and
members of the association. The association shall develop
appropriate terms of use for the electric vehicle charging
station.
(h) An association may create a new parking space where one
did not previously exist to facilitate the installation of an
electric vehicle charging station.
(i) An association that willfully violates this Section
shall be liable to the unit owner for actual damages and shall
pay a civil penalty to the unit owner not to exceed $1,000.

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(j) In any action by a unit owner requesting to have an
electric vehicle charging station installed and seeking to
enforce compliance with this Section, the court shall award
reasonable attorney's fees to a prevailing plaintiff.
Section 35. Electric vehicle charging system policy for
renters.
(a) Notwithstanding any provision in the lease to the
contrary, and subject to subsection (b):
(1) A tenant may install, at the tenant's expense for
the tenant's own use, a level 1 or level 2 electric vehicle
charging system on or in the leased premises.
(2) A landlord shall not assess or charge a tenant any
fee for the placement or use of an electric vehicle
charging system, except that:
(i) The landlord may:
(A) require reimbursement for the actual cost
of electricity provided by the landlord that was
used by the electric vehicle charging system; or
(B) charge a reasonable fee for access.
If the electric vehicle charging system is part of
a network for which a network fee is charged, the
landlord's reimbursement may include the amount of the
network fee. Nothing in this subparagraph requires a
landlord to impose upon a tenant a fee or charge other
than the rental payments specified in the lease.

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(ii) The landlord may require reimbursement for
the cost of the installation of the electric vehicle
charging system, including any additions or upgrades
to existing wiring directly attributable to the
requirements of the electric vehicle charging system,
if the landlord places or causes the electric vehicle
charging system to be placed at the request of the
tenant.
(iii) If the tenant desires to place an electric
vehicle charging system in an area accessible to other
tenants, the landlord may assess or charge the tenant a
reasonable fee to reserve a specific parking space in
which to install the electric vehicle charging system.
(b) A landlord may require a tenant to comply with:
(1) bona fide safety requirements consistent with an
applicable building code or recognized safety standard for
the protection of persons and property;
(2) a requirement that the electric vehicle charging
system be registered with the landlord within 30 days after
installation; or
(3) reasonable aesthetic provisions that govern the
dimensions, placement, or external appearance of an
electric vehicle charging system.
(c) A tenant may place an electric vehicle charging system
in an area accessible to other tenants if:
(1) the electric vehicle charging system is in

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compliance with all applicable requirements adopted by a
landlord under subsection (b); and
(2) the tenant agrees, in writing, to:
(i) comply with the landlord's design
specifications for the installation of an electric
vehicle charging system;
(ii) engage the services of a duly licensed and
registered electrical contractor familiar with the
installation and code requirements of an electric
vehicle charging system; and
(iii) provide, within 14 days after receiving the
landlord's consent for the installation, a certificate
of insurance naming the landlord as an additional
insured party on the tenant's renter's insurance
policy for any claim related to the installation,
maintenance, or use of the electric vehicle charging
system or, at the landlord's option, reimbursement to
the landlord for the actual cost of any increased
insurance premium amount attributable to the electric
vehicle charging system, notwithstanding any provision
to the contrary in the lease. The tenant shall provide
reimbursement for an increased insurance premium
amount within 14 days after the tenant receives the
landlord's invoice for the amount attributable to the
electric vehicle charging system.
(d) If the landlord consents to a tenant's installation of

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an electric vehicle charging system on property accessible to
other tenants, including a parking space, carport, or garage
stall, then, unless otherwise specified in a written agreement
with the landlord:
(1) The tenant, and each successive tenant with
exclusive rights to the area where the electric vehicle
charging system is installed, is responsible for costs for
damages to the electric vehicle charging system and to any
other property of the landlord or another tenant resulting
from the installation, maintenance, repair, removal, or
replacement of the electric vehicle charging system.
(i) Costs under this paragraph shall be based on:
(A) an inexpensive submetering device; or
(B) a reasonable calculation of cost, based on
the average miles driven, efficiency of the
electric vehicle calculated by the United States
Environmental Protection Agency, and the cost of
electricity for the common area.
(ii) The purpose of the costs under this paragraph
is for reasonable reimbursement of electricity usage
and shall not be set to deliberately exceed that
reasonable reimbursement.
(2) Each successive tenant with exclusive rights to the
area where the electric vehicle charging system is
installed shall assume responsibility for the repair,
maintenance, removal, and replacement of the electric

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vehicle charging system until the electric vehicle
charging system is removed.
(3) The tenant, and each successive tenant with
exclusive rights to the area where the electric vehicle
charging system is installed, shall, at all times, have and
maintain an insurance policy covering the obligations of
the tenant under this subsection and shall name the
landlord as an additional insured party under the policy.
(4) The tenant, and each successive tenant with
exclusive rights to the area where the electric vehicle
charging system is installed, is responsible for removing
the system if reasonably necessary or convenient for the
repair, maintenance, or replacement of any property of the
landlord, whether or not leased to another tenant.
(e) An electric vehicle charging system installed at the
tenant's cost is the property of the tenant. Upon termination
of the lease, if the electric vehicle charging system is
removable, the tenant may either remove it or sell it to the
landlord or another tenant for an agreed price. Nothing in this
subsection requires the landlord or another tenant to purchase
the electric vehicle charging system.
(f) A landlord that willfully violates this Section shall
be liable to the tenant for actual damages, and shall pay a
civil penalty to the tenant in an amount not to exceed $1,000.
(g) In any action by a tenant requesting to have an
electric vehicle charging system installed and seeking to

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enforce compliance with this Section, the court shall award
reasonable attorney's fees to a prevailing plaintiff.