| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0053 | |
| 2 | 1 | SB0040 EnrolledLRB103 04654 LNS 49662 b SB0040 Enrolled LRB103 04654 LNS 49662 b | |
| 3 | 2 | SB0040 Enrolled LRB103 04654 LNS 49662 b | |
| 4 | - | AN ACT concerning regulation. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 1. Short title. This Act may be cited as the | |
| 8 | - | Electric Vehicle Charging Act. | |
| 9 | - | Section 5. Legislative intent. Electric vehicles are an | |
| 10 | - | important tool to fight the climate crisis, tackle air | |
| 11 | - | pollution, and provide safe, clean, and affordable personal | |
| 12 | - | transportation. The State should encourage urgent and | |
| 13 | - | widespread adoption of electric vehicles. Since most current | |
| 14 | - | electric vehicle owners are single-family homeowners who | |
| 15 | - | charge at home, providing access to home charging for those in | |
| 16 | - | multi-unit dwellings is crucial to wider electric vehicle | |
| 17 | - | adoption. This includes small multifamily residences and | |
| 18 | - | condominium unit owners and renters, regardless of parking | |
| 19 | - | space ownership and regardless of income. Therefore, a | |
| 20 | - | significant portion of parking spaces in new and renovated | |
| 21 | - | residential developments shall be capable of electric vehicle | |
| 22 | - | charging. Additionally, renters and condominium unit owners | |
| 23 | - | shall be able to install charging equipment for electric | |
| 24 | - | vehicles under reasonable conditions. | |
| 25 | - | Section 10. Applicability. This Act applies to newly | |
| 3 | + | 1 AN ACT concerning regulation. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 1. Short title. This Act may be cited as the | |
| 7 | + | 5 Electric Vehicle Charging Act. | |
| 8 | + | 6 Section 5. Legislative intent. Electric vehicles are an | |
| 9 | + | 7 important tool to fight the climate crisis, tackle air | |
| 10 | + | 8 pollution, and provide safe, clean, and affordable personal | |
| 11 | + | 9 transportation. The State should encourage urgent and | |
| 12 | + | 10 widespread adoption of electric vehicles. Since most current | |
| 13 | + | 11 electric vehicle owners are single-family homeowners who | |
| 14 | + | 12 charge at home, providing access to home charging for those in | |
| 15 | + | 13 multi-unit dwellings is crucial to wider electric vehicle | |
| 16 | + | 14 adoption. This includes small multifamily residences and | |
| 17 | + | 15 condominium unit owners and renters, regardless of parking | |
| 18 | + | 16 space ownership and regardless of income. Therefore, a | |
| 19 | + | 17 significant portion of parking spaces in new and renovated | |
| 20 | + | 18 residential developments shall be capable of electric vehicle | |
| 21 | + | 19 charging. Additionally, renters and condominium unit owners | |
| 22 | + | 20 shall be able to install charging equipment for electric | |
| 23 | + | 21 vehicles under reasonable conditions. | |
| 24 | + | 22 Section 10. Applicability. This Act applies to newly | |
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | SB0040 Enrolled LRB103 04654 LNS 49662 b | |
| 30 | 29 | ||
| 31 | 30 | ||
| 32 | - | constructed single-family homes and multi-unit residential | |
| 33 | - | buildings that have parking spaces and are constructed after | |
| 34 | - | the effective date of this Act. | |
| 35 | - | Section 15. Definitions. As used in this Act: | |
| 36 | - | "Affordable housing development" means (i) any housing | |
| 37 | - | that is subsidized by the federal or State government or (ii) | |
| 38 | - | any housing in which at least 20% of the dwelling units are | |
| 39 | - | subject to covenants or restrictions that require that the | |
| 40 | - | dwelling units to be sold or rented at prices that preserve | |
| 41 | - | them as affordable housing for a period of at least 10 years. | |
| 42 | - | "Association" has the meaning set forth in subsection (o) | |
| 43 | - | of Section 2 of the Condominium Property Act or Section 1-5 of | |
| 44 | - | the Common Interest Community Association Act, as applicable. | |
| 45 | - | "Electric vehicle" means a vehicle that is exclusively | |
| 46 | - | powered by and refueled by electricity, plugs in to charge, | |
| 47 | - | and is licensed to drive on public roadways. "Electric | |
| 48 | - | vehicle" does not include electric mopeds, electric | |
| 49 | - | off-highway vehicles, hybrid electric vehicles, or | |
| 50 | - | extended-range electric vehicles that are equipped, fully or | |
| 51 | - | partially, with conventional fueled propulsion or auxiliary | |
| 52 | - | engines. | |
| 53 | - | "Electric vehicle charging system" means a device that is: | |
| 54 | - | (1) used to provide electricity to an electric | |
| 55 | - | vehicle; | |
| 56 | - | (2) designed to ensure that a safe connection has been | |
| 31 | + | SB0040 Enrolled- 2 -LRB103 04654 LNS 49662 b SB0040 Enrolled - 2 - LRB103 04654 LNS 49662 b | |
| 32 | + | SB0040 Enrolled - 2 - LRB103 04654 LNS 49662 b | |
| 33 | + | 1 constructed single-family homes and multi-unit residential | |
| 34 | + | 2 buildings that have parking spaces and are constructed after | |
| 35 | + | 3 the effective date of this Act. | |
| 36 | + | 4 Section 15. Definitions. As used in this Act: | |
| 37 | + | 5 "Affordable housing development" means (i) any housing | |
| 38 | + | 6 that is subsidized by the federal or State government or (ii) | |
| 39 | + | 7 any housing in which at least 20% of the dwelling units are | |
| 40 | + | 8 subject to covenants or restrictions that require that the | |
| 41 | + | 9 dwelling units to be sold or rented at prices that preserve | |
| 42 | + | 10 them as affordable housing for a period of at least 10 years. | |
| 43 | + | 11 "Association" has the meaning set forth in subsection (o) | |
| 44 | + | 12 of Section 2 of the Condominium Property Act or Section 1-5 of | |
| 45 | + | 13 the Common Interest Community Association Act, as applicable. | |
| 46 | + | 14 "Electric vehicle" means a vehicle that is exclusively | |
| 47 | + | 15 powered by and refueled by electricity, plugs in to charge, | |
| 48 | + | 16 and is licensed to drive on public roadways. "Electric | |
| 49 | + | 17 vehicle" does not include electric mopeds, electric | |
| 50 | + | 18 off-highway vehicles, hybrid electric vehicles, or | |
| 51 | + | 19 extended-range electric vehicles that are equipped, fully or | |
| 52 | + | 20 partially, with conventional fueled propulsion or auxiliary | |
| 53 | + | 21 engines. | |
| 54 | + | 22 "Electric vehicle charging system" means a device that is: | |
| 55 | + | 23 (1) used to provide electricity to an electric | |
| 56 | + | 24 vehicle; | |
| 57 | + | 25 (2) designed to ensure that a safe connection has been | |
| 57 | 58 | ||
| 58 | 59 | ||
| 59 | - | made between the electric grid and the electric vehicle; | |
| 60 | - | and | |
| 61 | - | (3) able to communicate with the vehicle's control | |
| 62 | - | system so that electricity flows at an appropriate voltage | |
| 63 | - | and current level. An electric vehicle charging system may | |
| 64 | - | be wall mounted or pedestal style, may provide multiple | |
| 65 | - | cords to connect with electric vehicles, and shall: | |
| 66 | - | (i) be certified by Underwriters Laboratories or | |
| 67 | - | have been granted an equivalent certification; and | |
| 68 | - | (ii) comply with the current version of Article | |
| 69 | - | 625 of the National Electrical Code. | |
| 70 | - | "Electric vehicle supply equipment" or "EVSE" means a | |
| 71 | - | conductor, including an ungrounded, grounded, and equipment | |
| 72 | - | grounding conductor, and electric vehicle connectors, | |
| 73 | - | attachment plugs, and all other fittings, devices, power | |
| 74 | - | outlets, and apparatuses installed specifically for the | |
| 75 | - | purpose of transferring energy between the premises wiring and | |
| 76 | - | the electric vehicle. | |
| 77 | - | "EV-capable" means parking spaces that have the electrical | |
| 78 | - | panel capacity and conduit installed during construction to | |
| 79 | - | support future implementation of electric vehicle charging | |
| 80 | - | with 208-volt or 240-volt or greater, 40-ampere or greater | |
| 81 | - | circuits. Each EV-capable space shall feature a continuous | |
| 82 | - | raceway or cable assembly installed between an enclosure or | |
| 83 | - | outlet located within 3 feet of the EV-capable space and a | |
| 84 | - | suitable panelboard or other onsite electrical distribution | |
| 85 | 60 | ||
| 86 | 61 | ||
| 87 | - | equipment. The electrical distribution equipment to which the | |
| 88 | - | raceway or cable assembly connects shall have sufficient | |
| 89 | - | dedicated space and spare electrical capacity for a 2-pole | |
| 90 | - | circuit breaker or set of fuses. Reserved capacity shall be no | |
| 91 | - | less than 40A 208/240V for each EV-capable space unless | |
| 92 | - | EV-capable spaces will be controlled by an energy management | |
| 93 | - | system providing load management in accordance with NFPA 70, | |
| 94 | - | shall have a minimum capacity of 4.1 kilovolt-ampere per | |
| 95 | - | space, or have a minimum capacity of 2.7 kilovolt-ampere per | |
| 96 | - | space when all of the parking spaces are designed to be | |
| 97 | - | EV-capable spaces, EV-ready spaces, or EVSE-installed spaces. | |
| 98 | - | The electrical enclosure or outlet and the electrical | |
| 99 | - | distribution equipment directory shall be marked "For future | |
| 100 | - | electric vehicle supply equipment (EVSE)." This strategy | |
| 101 | - | ensures the reduction of up-front costs for electric vehicle | |
| 102 | - | charging station installation by providing the electrical | |
| 103 | - | elements that are difficult to install during a retrofit. | |
| 104 | - | Anticipating the use of dual-head EVSE, the same circuit may | |
| 105 | - | be used to support charging in adjacent EV-capable spaces. For | |
| 106 | - | purposes of this Act, "EV capable" shall not be construed to | |
| 107 | - | require a developer or builder to install or run wire or cable | |
| 108 | - | from the electrical panel through the conduit or raceway to | |
| 109 | - | the terminus of the conduit. | |
| 110 | - | "EV-ready" means parking spaces that are provided with a | |
| 111 | - | branch circuit and either an outlet, junction box, or | |
| 112 | - | receptacle that will support an installed EVSE. Each branch | |
| 62 | + | ||
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| 113 | 64 | ||
| 114 | 65 | ||
| 115 | - | circuit serving EV-ready spaces shall terminate at an outlet | |
| 116 | - | or enclosure, located within 3 feet of each EV-ready space it | |
| 117 | - | serves. The panelboard or other electrical distribution | |
| 118 | - | equipment directory shall designate the branch circuit as "For | |
| 119 | - | electric vehicle supply equipment (EVSE)" and the outlet or | |
| 120 | - | enclosure shall be marked "For electric vehicle supply | |
| 121 | - | equipment (EVSE)." The capacity of each branch circuit serving | |
| 122 | - | multiple EV-ready spaces designed to be controlled by an | |
| 123 | - | energy management system providing load management in | |
| 124 | - | accordance with NFPA 70, shall have a minimum capacity of 4.1 | |
| 125 | - | kilovolt-ampere per space, or have a minimum capacity of 2.7 | |
| 126 | - | kilovolt-ampere per space when all of the parking spaces are | |
| 127 | - | designed to be EV-capable spaces, EV-ready spaces, or EVSE | |
| 128 | - | spaces. | |
| 129 | - | "EVSE-installed" means electric vehicle supply equipment | |
| 130 | - | that is fully installed from the electrical panel to the | |
| 131 | - | parking space. | |
| 132 | - | "Large multifamily residence" means a single residential | |
| 133 | - | building that accommodates 5 families or more. | |
| 134 | - | "Level 1" means a 120-volt 20-ampere minimum branch | |
| 135 | - | circuit. | |
| 136 | - | "Level 2" means a 208-volt to 240-volt 40-ampere branch | |
| 137 | - | circuit. | |
| 138 | - | "New" means newly constructed. | |
| 139 | - | "Reasonable restriction" means a restriction that does not | |
| 140 | - | significantly increase the cost of the electric vehicle | |
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| 67 | + | SB0040 Enrolled - 3 - LRB103 04654 LNS 49662 b | |
| 68 | + | 1 made between the electric grid and the electric vehicle; | |
| 69 | + | 2 and | |
| 70 | + | 3 (3) able to communicate with the vehicle's control | |
| 71 | + | 4 system so that electricity flows at an appropriate voltage | |
| 72 | + | 5 and current level. An electric vehicle charging system may | |
| 73 | + | 6 be wall mounted or pedestal style, may provide multiple | |
| 74 | + | 7 cords to connect with electric vehicles, and shall: | |
| 75 | + | 8 (i) be certified by Underwriters Laboratories or | |
| 76 | + | 9 have been granted an equivalent certification; and | |
| 77 | + | 10 (ii) comply with the current version of Article | |
| 78 | + | 11 625 of the National Electrical Code. | |
| 79 | + | 12 "Electric vehicle supply equipment" or "EVSE" means a | |
| 80 | + | 13 conductor, including an ungrounded, grounded, and equipment | |
| 81 | + | 14 grounding conductor, and electric vehicle connectors, | |
| 82 | + | 15 attachment plugs, and all other fittings, devices, power | |
| 83 | + | 16 outlets, and apparatuses installed specifically for the | |
| 84 | + | 17 purpose of transferring energy between the premises wiring and | |
| 85 | + | 18 the electric vehicle. | |
| 86 | + | 19 "EV-capable" means parking spaces that have the electrical | |
| 87 | + | 20 panel capacity and conduit installed during construction to | |
| 88 | + | 21 support future implementation of electric vehicle charging | |
| 89 | + | 22 with 208-volt or 240-volt or greater, 40-ampere or greater | |
| 90 | + | 23 circuits. Each EV-capable space shall feature a continuous | |
| 91 | + | 24 raceway or cable assembly installed between an enclosure or | |
| 92 | + | 25 outlet located within 3 feet of the EV-capable space and a | |
| 93 | + | 26 suitable panelboard or other onsite electrical distribution | |
| 141 | 94 | ||
| 142 | 95 | ||
| 143 | - | charging station or electric vehicle charging system or | |
| 144 | - | significantly decrease its efficiency or specified | |
| 145 | - | performance. | |
| 146 | - | "Single-family residence" means a detached single-family | |
| 147 | - | residence on a single lot. | |
| 148 | - | "Small multifamily residence" means a single residential | |
| 149 | - | building that accommodates 2 to 4 families. | |
| 150 | - | Section 20. EV-capable parking space requirement. A new | |
| 151 | - | single-family residence or a small multifamily residence shall | |
| 152 | - | have at least one EV-capable parking space for each | |
| 153 | - | residential unit that has dedicated parking, unless any | |
| 154 | - | subsequently adopted building code requires additional | |
| 155 | - | EV-capable parking spaces, EV-ready parking spaces, or | |
| 156 | - | installed EVSE. A new single-family residence or small | |
| 157 | - | multifamily residence that qualifies as an affordable housing | |
| 158 | - | development shall have one EV-capable parking space for each | |
| 159 | - | code-required parking space if the owner is issued a building | |
| 160 | - | permit 24 months after the effective date of this Act. Where | |
| 161 | - | code-required parking exceeds one parking space per dwelling | |
| 162 | - | unit, only one parking space per dwelling unit is required to | |
| 163 | - | be EV-capable. | |
| 164 | - | Section 25. Residential requirements. | |
| 165 | - | (a) All building permits issued 90 days after the | |
| 166 | - | effective date of this Act shall require a new, large | |
| 167 | 96 | ||
| 168 | 97 | ||
| 169 | - | multifamily residential building or a large multifamily | |
| 170 | - | residential building being renovated by a developer converting | |
| 171 | - | the property to an association to have 100% of its total | |
| 172 | - | parking spaces EV-capable. However, nothing in this Act shall | |
| 173 | - | be construed to require that in the case of a developer | |
| 174 | - | converting the property to an association, no EV-capable or | |
| 175 | - | EV-ready mandate shall apply if it would necessitate the | |
| 176 | - | developer having to excavate an existing surface lot or other | |
| 177 | - | parking facility in order to retro-fit the parking lot or | |
| 178 | - | facility with the necessary conduit and wiring. | |
| 179 | - | (b) The following requirements and timelines shall apply | |
| 180 | - | for affordable housing. A new construction single-family | |
| 181 | - | residence or small multifamily residence that qualifies as an | |
| 182 | - | affordable housing development under the same project | |
| 183 | - | ownership and is located on a campus with centralized parking | |
| 184 | - | areas is subject to the requirements and timelines below. | |
| 185 | - | All building permits issued 24 months after the effective | |
| 186 | - | date of this Act shall require a new construction large | |
| 187 | - | multifamily residence that qualifies as an affordable housing | |
| 188 | - | development to have the following, unless additional | |
| 189 | - | requirements are required under a subsequently adopted | |
| 190 | - | building code: | |
| 191 | - | (1) For permits issued 24 months after the effective | |
| 192 | - | date of this Act, a minimum of 40% EV-capable parking | |
| 193 | - | spaces. | |
| 194 | - | (2) For permits issued 5 years after the effective | |
| 98 | + | ||
| 99 | + | SB0040 Enrolled - 3 - LRB103 04654 LNS 49662 b | |
| 195 | 100 | ||
| 196 | 101 | ||
| 197 | - | date of this Act, a minimum of 50% EV-capable parking | |
| 198 | - | spaces. | |
| 199 | - | (3) For permits issued 10 years after the effective | |
| 200 | - | date of this Act, a minimum of 70% EV-capable parking | |
| 201 | - | spaces. | |
| 202 | - | (d) An accessible parking space is not required by this | |
| 203 | - | Section if no accessible parking spaces are required by the | |
| 204 | - | local zoning code. | |
| 205 | - | Section 30. Electric vehicle charging system policy for | |
| 206 | - | unit owners. | |
| 207 | - | (a) Any covenant, restriction, or condition contained in | |
| 208 | - | any deed, contract, security interest, or other instrument | |
| 209 | - | affecting the transfer or sale of any interest in a | |
| 210 | - | condominium or common interest community, and any provision of | |
| 211 | - | a governing document that effectively prohibits or | |
| 212 | - | unreasonably restricts the installation or use of an electric | |
| 213 | - | vehicle charging system within a unit owner's unit or a | |
| 214 | - | designated parking space, including, but not limited to, a | |
| 215 | - | deeded parking space, a parking space in a unit owner's | |
| 216 | - | exclusive use common area, or a parking space that is | |
| 217 | - | specifically designated for use by a particular unit owner, or | |
| 218 | - | is in conflict with this Section, is void and unenforceable. | |
| 219 | - | (b) This Section does not apply to provisions that impose | |
| 220 | - | a reasonable restriction on an electric vehicle charging | |
| 221 | - | system. Any electric vehicle charging system installed by a | |
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| 103 | + | SB0040 Enrolled - 4 - LRB103 04654 LNS 49662 b | |
| 104 | + | 1 equipment. The electrical distribution equipment to which the | |
| 105 | + | 2 raceway or cable assembly connects shall have sufficient | |
| 106 | + | 3 dedicated space and spare electrical capacity for a 2-pole | |
| 107 | + | 4 circuit breaker or set of fuses. Reserved capacity shall be no | |
| 108 | + | 5 less than 40A 208/240V for each EV-capable space unless | |
| 109 | + | 6 EV-capable spaces will be controlled by an energy management | |
| 110 | + | 7 system providing load management in accordance with NFPA 70, | |
| 111 | + | 8 shall have a minimum capacity of 4.1 kilovolt-ampere per | |
| 112 | + | 9 space, or have a minimum capacity of 2.7 kilovolt-ampere per | |
| 113 | + | 10 space when all of the parking spaces are designed to be | |
| 114 | + | 11 EV-capable spaces, EV-ready spaces, or EVSE-installed spaces. | |
| 115 | + | 12 The electrical enclosure or outlet and the electrical | |
| 116 | + | 13 distribution equipment directory shall be marked "For future | |
| 117 | + | 14 electric vehicle supply equipment (EVSE)." This strategy | |
| 118 | + | 15 ensures the reduction of up-front costs for electric vehicle | |
| 119 | + | 16 charging station installation by providing the electrical | |
| 120 | + | 17 elements that are difficult to install during a retrofit. | |
| 121 | + | 18 Anticipating the use of dual-head EVSE, the same circuit may | |
| 122 | + | 19 be used to support charging in adjacent EV-capable spaces. For | |
| 123 | + | 20 purposes of this Act, "EV capable" shall not be construed to | |
| 124 | + | 21 require a developer or builder to install or run wire or cable | |
| 125 | + | 22 from the electrical panel through the conduit or raceway to | |
| 126 | + | 23 the terminus of the conduit. | |
| 127 | + | 24 "EV-ready" means parking spaces that are provided with a | |
| 128 | + | 25 branch circuit and either an outlet, junction box, or | |
| 129 | + | 26 receptacle that will support an installed EVSE. Each branch | |
| 222 | 130 | ||
| 223 | 131 | ||
| 224 | - | unit owner pursuant to this Section is the property of that | |
| 225 | - | unit owner and in no case will be deemed a part of the common | |
| 226 | - | elements or common area. | |
| 227 | - | (c) An electric vehicle charging system shall meet | |
| 228 | - | applicable health and safety standards and requirements | |
| 229 | - | imposed by State and local authorities and all other | |
| 230 | - | applicable zoning, land use, or other ordinances or land use | |
| 231 | - | permits. | |
| 232 | - | (d) If approval is required for the installation or use of | |
| 233 | - | an electric vehicle charging system, the association shall | |
| 234 | - | process and approve the application in the same manner as an | |
| 235 | - | application for approval of an alteration, modification, or | |
| 236 | - | improvement to common elements or common areas or an | |
| 237 | - | architectural modification to the property, and the | |
| 238 | - | association shall not unreasonably delay the approval or | |
| 239 | - | denial of the application. The approval or denial of an | |
| 240 | - | application shall be in writing. If an application is not | |
| 241 | - | denied in writing within 60 days from the date of the receipt | |
| 242 | - | of the application, the application shall be deemed approved | |
| 243 | - | unless the delay is the result of a reasonable request for | |
| 244 | - | additional information. | |
| 245 | - | (e) If the electric vehicle charging system is to be | |
| 246 | - | placed in a common area or exclusive use common area, as | |
| 247 | - | designated by the condominium or common interest community | |
| 248 | - | association, the following applies: | |
| 249 | - | (1) The unit owner shall first obtain prior written | |
| 250 | 132 | ||
| 251 | 133 | ||
| 252 | - | approval from the association to install the electric | |
| 253 | - | vehicle charging system and the association shall approve | |
| 254 | - | the installation if the unit owner agrees, in writing, to: | |
| 255 | - | (A) comply with the association's architectural | |
| 256 | - | standards or other reasonable conditions and | |
| 257 | - | restrictions for the installation of the electric | |
| 258 | - | vehicle charging system; | |
| 259 | - | (B) engage a licensed and insured electrical | |
| 260 | - | contractor to install the electric vehicle charging | |
| 261 | - | system. The electrical contractor shall name the | |
| 262 | - | association, its officers, directors, and agents as | |
| 263 | - | additional insured and shall provide a certificate of | |
| 264 | - | insurance to the association evidencing such | |
| 265 | - | additional insured status; | |
| 266 | - | (C) within 14 days after approval, provide a | |
| 267 | - | certificate of insurance that names the association, | |
| 268 | - | its officers, directors, and agents as an additional | |
| 269 | - | insured party under the unit owner's insurance policy | |
| 270 | - | as required under paragraph (3); | |
| 271 | - | (D) pay for both the costs associated with the | |
| 272 | - | installation of and the electricity usage associated | |
| 273 | - | with the electric vehicle charging system; and | |
| 274 | - | (E) be responsible for damage to the common | |
| 275 | - | elements or common areas or other units resulting from | |
| 276 | - | the installation, use, and removal of the electric | |
| 277 | - | vehicle charging system. | |
| 134 | + | ||
| 135 | + | SB0040 Enrolled - 4 - LRB103 04654 LNS 49662 b | |
| 278 | 136 | ||
| 279 | 137 | ||
| 280 | - | (2) The unit owner, and each successive unit owner of | |
| 281 | - | the electric vehicle charging system, is responsible for: | |
| 282 | - | (A) costs for damage to the electric vehicle | |
| 283 | - | charging system, common area, exclusive use common | |
| 284 | - | area, or separate interests resulting from the | |
| 285 | - | installation, maintenance, repair, removal, or | |
| 286 | - | replacement of the electric vehicle charging system; | |
| 287 | - | (B) costs for the maintenance, repair, and | |
| 288 | - | replacement of the electric vehicle charging system | |
| 289 | - | until it has been removed, and for the restoration of | |
| 290 | - | the common area after removal; | |
| 291 | - | (C) costs of electricity associated with the | |
| 292 | - | charging system, which shall be based on: | |
| 293 | - | (i) an embedded submetering device; or | |
| 294 | - | (ii) a reasonable calculation of cost, based | |
| 295 | - | on the average miles driven, efficiency of the | |
| 296 | - | electric vehicle calculated by the United States | |
| 297 | - | Environmental Protection Agency, and the cost of | |
| 298 | - | electricity for the common area; and | |
| 299 | - | (D) disclosing to a prospective buyer the | |
| 300 | - | existence of any electric vehicle charging system of | |
| 301 | - | the unit owner and the related responsibilities of the | |
| 302 | - | unit owner under this Section. | |
| 303 | - | (3) The purpose of the costs under paragraph (2) is | |
| 304 | - | for the reasonable reimbursement of electricity usage and | |
| 305 | - | shall not be set to deliberately exceed the reasonable | |
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| 140 | + | 1 circuit serving EV-ready spaces shall terminate at an outlet | |
| 141 | + | 2 or enclosure, located within 3 feet of each EV-ready space it | |
| 142 | + | 3 serves. The panelboard or other electrical distribution | |
| 143 | + | 4 equipment directory shall designate the branch circuit as "For | |
| 144 | + | 5 electric vehicle supply equipment (EVSE)" and the outlet or | |
| 145 | + | 6 enclosure shall be marked "For electric vehicle supply | |
| 146 | + | 7 equipment (EVSE)." The capacity of each branch circuit serving | |
| 147 | + | 8 multiple EV-ready spaces designed to be controlled by an | |
| 148 | + | 9 energy management system providing load management in | |
| 149 | + | 10 accordance with NFPA 70, shall have a minimum capacity of 4.1 | |
| 150 | + | 11 kilovolt-ampere per space, or have a minimum capacity of 2.7 | |
| 151 | + | 12 kilovolt-ampere per space when all of the parking spaces are | |
| 152 | + | 13 designed to be EV-capable spaces, EV-ready spaces, or EVSE | |
| 153 | + | 14 spaces. | |
| 154 | + | 15 "EVSE-installed" means electric vehicle supply equipment | |
| 155 | + | 16 that is fully installed from the electrical panel to the | |
| 156 | + | 17 parking space. | |
| 157 | + | 18 "Large multifamily residence" means a single residential | |
| 158 | + | 19 building that accommodates 5 families or more. | |
| 159 | + | 20 "Level 1" means a 120-volt 20-ampere minimum branch | |
| 160 | + | 21 circuit. | |
| 161 | + | 22 "Level 2" means a 208-volt to 240-volt 40-ampere branch | |
| 162 | + | 23 circuit. | |
| 163 | + | 24 "New" means newly constructed. | |
| 164 | + | 25 "Reasonable restriction" means a restriction that does not | |
| 165 | + | 26 significantly increase the cost of the electric vehicle | |
| 306 | 166 | ||
| 307 | 167 | ||
| 308 | - | reimbursement. | |
| 309 | - | (4) The unit owner of the electric vehicle charging | |
| 310 | - | system, whether the electric vehicle charging system is | |
| 311 | - | located within the common area or exclusive use common | |
| 312 | - | area, shall, at all times, maintain a liability coverage | |
| 313 | - | policy. The unit owner that submitted the application to | |
| 314 | - | install the electric vehicle charging system shall provide | |
| 315 | - | the association with the corresponding certificate of | |
| 316 | - | insurance within 14 days after approval of the | |
| 317 | - | application. The unit owner, and each successive unit | |
| 318 | - | owner, shall provide the association with the certificate | |
| 319 | - | of insurance annually thereafter. | |
| 320 | - | (5) A unit owner is not required to maintain a | |
| 321 | - | homeowner liability coverage policy for an existing | |
| 322 | - | National Electrical Manufacturers Association standard | |
| 323 | - | alternating current power plug. | |
| 324 | - | (f) Except as provided in subsection (g), the installation | |
| 325 | - | of an electric vehicle charging system for the exclusive use | |
| 326 | - | of a unit owner in a common area that is not an exclusive use | |
| 327 | - | common area may be authorized by the association, subject to | |
| 328 | - | applicable law, only if installation in the unit owner's | |
| 329 | - | designated parking space is impossible or unreasonably | |
| 330 | - | expensive. In such an event, the association shall enter into | |
| 331 | - | a license agreement with the unit owner for the use of the | |
| 332 | - | space in a common area, and the unit owner shall comply with | |
| 333 | - | all of the requirements in subsection (e). | |
| 334 | 168 | ||
| 335 | 169 | ||
| 336 | - | (g) An association may install an electric vehicle | |
| 337 | - | charging system in the common area for the use of all unit | |
| 338 | - | owners and members of the association. The association shall | |
| 339 | - | develop appropriate terms of use for the electric vehicle | |
| 340 | - | charging system. | |
| 341 | - | (h) An association that willfully violates this Section | |
| 342 | - | shall be liable to the unit owner for actual damages and shall | |
| 343 | - | pay a civil penalty to the unit owner not to exceed $500. | |
| 344 | - | (i) In any action by a unit owner requesting to have an | |
| 345 | - | electric vehicle charging system installed and seeking to | |
| 346 | - | enforce compliance with this Section, the court shall award | |
| 347 | - | reasonable attorney's fees to a prevailing party. | |
| 348 | - | Section 35. Electric vehicle charging system policy for | |
| 349 | - | renters. | |
| 350 | - | (a) Notwithstanding any provision in the lease to the | |
| 351 | - | contrary and subject to subsection (b): | |
| 352 | - | (1) a tenant may install, at the tenant's expense for | |
| 353 | - | the tenant's own use, a level 1 receptacle or outlet, a | |
| 354 | - | level 2 receptacle or outlet, or a level 2 electric | |
| 355 | - | vehicle charging system on or in the leased premises; | |
| 356 | - | (2) a landlord shall not assess or charge a tenant any | |
| 357 | - | fee for the placement or use of an electric vehicle | |
| 358 | - | charging system, except that: | |
| 359 | - | (A) the landlord may: | |
| 360 | - | (i) require reimbursement for the actual cost | |
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| 176 | + | 1 charging station or electric vehicle charging system or | |
| 177 | + | 2 significantly decrease its efficiency or specified | |
| 178 | + | 3 performance. | |
| 179 | + | 4 "Single-family residence" means a detached single-family | |
| 180 | + | 5 residence on a single lot. | |
| 181 | + | 6 "Small multifamily residence" means a single residential | |
| 182 | + | 7 building that accommodates 2 to 4 families. | |
| 183 | + | 8 Section 20. EV-capable parking space requirement. A new | |
| 184 | + | 9 single-family residence or a small multifamily residence shall | |
| 185 | + | 10 have at least one EV-capable parking space for each | |
| 186 | + | 11 residential unit that has dedicated parking, unless any | |
| 187 | + | 12 subsequently adopted building code requires additional | |
| 188 | + | 13 EV-capable parking spaces, EV-ready parking spaces, or | |
| 189 | + | 14 installed EVSE. A new single-family residence or small | |
| 190 | + | 15 multifamily residence that qualifies as an affordable housing | |
| 191 | + | 16 development shall have one EV-capable parking space for each | |
| 192 | + | 17 code-required parking space if the owner is issued a building | |
| 193 | + | 18 permit 24 months after the effective date of this Act. Where | |
| 194 | + | 19 code-required parking exceeds one parking space per dwelling | |
| 195 | + | 20 unit, only one parking space per dwelling unit is required to | |
| 196 | + | 21 be EV-capable. | |
| 197 | + | 22 Section 25. Residential requirements. | |
| 198 | + | 23 (a) All building permits issued 90 days after the | |
| 199 | + | 24 effective date of this Act shall require a new, large | |
| 389 | 200 | ||
| 390 | 201 | ||
| 391 | - | in which to install the electric vehicle charging | |
| 392 | - | system. | |
| 393 | - | (b) A landlord may require a tenant to comply with: | |
| 394 | - | (1) bona fide safety requirements consistent with an | |
| 395 | - | applicable building code or recognized safety standard for | |
| 396 | - | the protection of persons and property; | |
| 397 | - | (2) a requirement that the electric vehicle charging | |
| 398 | - | system be registered with the landlord within 30 days | |
| 399 | - | after installation; or | |
| 400 | - | (3) reasonable aesthetic provisions that govern the | |
| 401 | - | dimensions, placement, or external appearance of an | |
| 402 | - | electric vehicle charging system. | |
| 403 | - | (c) A tenant may place an electric vehicle charging system | |
| 404 | - | if: | |
| 405 | - | (1) the electric vehicle charging system is in | |
| 406 | - | compliance with all applicable requirements adopted by a | |
| 407 | - | landlord under subsection (b); and | |
| 408 | - | (2) the tenant agrees, in writing, to: | |
| 409 | - | (A) comply with the landlord's design | |
| 410 | - | specifications for the installation of an electric | |
| 411 | - | vehicle charging system; | |
| 412 | - | (B) engage the services of a duly licensed and | |
| 413 | - | registered electrical contractor familiar with the | |
| 414 | - | installation and code requirements of an electric | |
| 415 | - | vehicle charging system; and | |
| 416 | - | (C) provide, within 14 days after receiving the | |
| 417 | 202 | ||
| 418 | 203 | ||
| 419 | - | landlord's consent for the installation, a certificate | |
| 420 | - | of insurance naming the landlord as an additional | |
| 421 | - | insured party on the tenant's renter's insurance | |
| 422 | - | policy for any claim related to the installation, | |
| 423 | - | maintenance, or use of the electric vehicle charging | |
| 424 | - | system or, at the landlord's option, reimbursement to | |
| 425 | - | the landlord for the actual cost of any increased | |
| 426 | - | insurance premium amount attributable to the electric | |
| 427 | - | vehicle charging system, notwithstanding any provision | |
| 428 | - | to the contrary in the lease. The tenant shall provide | |
| 429 | - | reimbursement for an increased insurance premium | |
| 430 | - | amount within 14 days after the tenant receives the | |
| 431 | - | landlord's invoice for the amount attributable to the | |
| 432 | - | electric vehicle charging system. | |
| 433 | - | (d) If the landlord consents to a tenant's installation of | |
| 434 | - | an electric vehicle charging system on property accessible to | |
| 435 | - | other tenants, including a parking space, carport, or garage | |
| 436 | - | stall, then, unless otherwise specified in a written agreement | |
| 437 | - | with the landlord: | |
| 438 | - | (1) The tenant, and each successive tenant with | |
| 439 | - | exclusive rights to the area where the electric vehicle | |
| 440 | - | charging system is installed, is responsible for costs for | |
| 441 | - | damages to the electric vehicle charging system and to any | |
| 442 | - | other property of the landlord or another tenant resulting | |
| 443 | - | from the installation, maintenance, repair, removal, or | |
| 444 | - | replacement of the electric vehicle charging system. | |
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| 445 | 206 | ||
| 446 | 207 | ||
| 447 | - | (A) Costs under this paragraph shall be based on: | |
| 448 | - | (i) an embedded submetering device; or | |
| 449 | - | (ii) a reasonable calculation of cost, based | |
| 450 | - | on the average miles driven, efficiency of the | |
| 451 | - | electric vehicle calculated by the United States | |
| 452 | - | Environmental Protection Agency, and the cost of | |
| 453 | - | electricity for the common area. | |
| 454 | - | (B) The purpose of the costs under this paragraph | |
| 455 | - | is for reasonable reimbursement of electricity usage | |
| 456 | - | and shall not be set to deliberately exceed that | |
| 457 | - | reasonable reimbursement. | |
| 458 | - | (2) Each successive tenant with exclusive rights to | |
| 459 | - | the area where the electric vehicle charging system is | |
| 460 | - | installed shall assume responsibility for the repair, | |
| 461 | - | maintenance, removal, and replacement of the electric | |
| 462 | - | vehicle charging system until the electric vehicle | |
| 463 | - | charging system is removed. | |
| 464 | - | (3) The tenant, and each successive tenant with | |
| 465 | - | exclusive rights to the area where the electric vehicle | |
| 466 | - | charging system is installed, shall, at all times, have | |
| 467 | - | and maintain an insurance policy covering the obligations | |
| 468 | - | of the tenant under this subsection and shall name the | |
| 469 | - | landlord as an additional insured party under the policy. | |
| 470 | - | (4) The tenant, and each successive tenant with | |
| 471 | - | exclusive rights to the area where the electric vehicle | |
| 472 | - | charging system is installed, is responsible for removing | |
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| 210 | + | 1 multifamily residential building or a large multifamily | |
| 211 | + | 2 residential building being renovated by a developer converting | |
| 212 | + | 3 the property to an association to have 100% of its total | |
| 213 | + | 4 parking spaces EV-capable. However, nothing in this Act shall | |
| 214 | + | 5 be construed to require that in the case of a developer | |
| 215 | + | 6 converting the property to an association, no EV-capable or | |
| 216 | + | 7 EV-ready mandate shall apply if it would necessitate the | |
| 217 | + | 8 developer having to excavate an existing surface lot or other | |
| 218 | + | 9 parking facility in order to retro-fit the parking lot or | |
| 219 | + | 10 facility with the necessary conduit and wiring. | |
| 220 | + | 11 (b) The following requirements and timelines shall apply | |
| 221 | + | 12 for affordable housing. A new construction single-family | |
| 222 | + | 13 residence or small multifamily residence that qualifies as an | |
| 223 | + | 14 affordable housing development under the same project | |
| 224 | + | 15 ownership and is located on a campus with centralized parking | |
| 225 | + | 16 areas is subject to the requirements and timelines below. | |
| 226 | + | 17 All building permits issued 24 months after the effective | |
| 227 | + | 18 date of this Act shall require a new construction large | |
| 228 | + | 19 multifamily residence that qualifies as an affordable housing | |
| 229 | + | 20 development to have the following, unless additional | |
| 230 | + | 21 requirements are required under a subsequently adopted | |
| 231 | + | 22 building code: | |
| 232 | + | 23 (1) For permits issued 24 months after the effective | |
| 233 | + | 24 date of this Act, a minimum of 40% EV-capable parking | |
| 234 | + | 25 spaces. | |
| 235 | + | 26 (2) For permits issued 5 years after the effective | |
| 473 | 236 | ||
| 474 | 237 | ||
| 475 | - | the system if reasonably necessary or convenient for the | |
| 476 | - | repair, maintenance, or replacement of any property of the | |
| 477 | - | landlord, whether or not leased to another tenant. | |
| 478 | - | (e) An electric vehicle charging system installed at the | |
| 479 | - | tenant's cost is the property of the tenant. Upon termination | |
| 480 | - | of the lease, if the electric vehicle charging system is | |
| 481 | - | removable, the tenant may either remove it or sell it to the | |
| 482 | - | landlord or another tenant for an agreed price. Nothing in | |
| 483 | - | this subsection requires the landlord or another tenant to | |
| 484 | - | purchase the electric vehicle charging system. | |
| 485 | - | (f) A landlord that willfully violates this Section shall | |
| 486 | - | be liable to the tenant for actual damages, and shall pay a | |
| 487 | - | civil penalty to the tenant in an amount not to exceed $1,000. | |
| 488 | - | (g) In any action by a tenant requesting to have an | |
| 489 | - | electric vehicle charging system installed and seeking to | |
| 490 | - | enforce compliance with this Section, the court shall award | |
| 491 | - | reasonable attorney's fees to a prevailing plaintiff. | |
| 492 | - | (h) A tenant whose landlord is an owner in an association | |
| 493 | - | and who desires to install an electric vehicle charging | |
| 494 | - | station must obtain approval to do so through the tenant's | |
| 495 | - | landlord or owner and in accordance with those provisions of | |
| 496 | - | this Act applicable to associations. | |
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| 246 | + | 1 date of this Act, a minimum of 50% EV-capable parking | |
| 247 | + | 2 spaces. | |
| 248 | + | 3 (3) For permits issued 10 years after the effective | |
| 249 | + | 4 date of this Act, a minimum of 70% EV-capable parking | |
| 250 | + | 5 spaces. | |
| 251 | + | 6 (d) An accessible parking space is not required by this | |
| 252 | + | 7 Section if no accessible parking spaces are required by the | |
| 253 | + | 8 local zoning code. | |
| 254 | + | 9 Section 30. Electric vehicle charging system policy for | |
| 255 | + | 10 unit owners. | |
| 256 | + | 11 (a) Any covenant, restriction, or condition contained in | |
| 257 | + | 12 any deed, contract, security interest, or other instrument | |
| 258 | + | 13 affecting the transfer or sale of any interest in a | |
| 259 | + | 14 condominium or common interest community, and any provision of | |
| 260 | + | 15 a governing document that effectively prohibits or | |
| 261 | + | 16 unreasonably restricts the installation or use of an electric | |
| 262 | + | 17 vehicle charging system within a unit owner's unit or a | |
| 263 | + | 18 designated parking space, including, but not limited to, a | |
| 264 | + | 19 deeded parking space, a parking space in a unit owner's | |
| 265 | + | 20 exclusive use common area, or a parking space that is | |
| 266 | + | 21 specifically designated for use by a particular unit owner, or | |
| 267 | + | 22 is in conflict with this Section, is void and unenforceable. | |
| 268 | + | 23 (b) This Section does not apply to provisions that impose | |
| 269 | + | 24 a reasonable restriction on an electric vehicle charging | |
| 270 | + | 25 system. Any electric vehicle charging system installed by a | |
| 271 | + | ||
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| 281 | + | 1 unit owner pursuant to this Section is the property of that | |
| 282 | + | 2 unit owner and in no case will be deemed a part of the common | |
| 283 | + | 3 elements or common area. | |
| 284 | + | 4 (c) An electric vehicle charging system shall meet | |
| 285 | + | 5 applicable health and safety standards and requirements | |
| 286 | + | 6 imposed by State and local authorities and all other | |
| 287 | + | 7 applicable zoning, land use, or other ordinances or land use | |
| 288 | + | 8 permits. | |
| 289 | + | 9 (d) If approval is required for the installation or use of | |
| 290 | + | 10 an electric vehicle charging system, the association shall | |
| 291 | + | 11 process and approve the application in the same manner as an | |
| 292 | + | 12 application for approval of an alteration, modification, or | |
| 293 | + | 13 improvement to common elements or common areas or an | |
| 294 | + | 14 architectural modification to the property, and the | |
| 295 | + | 15 association shall not unreasonably delay the approval or | |
| 296 | + | 16 denial of the application. The approval or denial of an | |
| 297 | + | 17 application shall be in writing. If an application is not | |
| 298 | + | 18 denied in writing within 60 days from the date of the receipt | |
| 299 | + | 19 of the application, the application shall be deemed approved | |
| 300 | + | 20 unless the delay is the result of a reasonable request for | |
| 301 | + | 21 additional information. | |
| 302 | + | 22 (e) If the electric vehicle charging system is to be | |
| 303 | + | 23 placed in a common area or exclusive use common area, as | |
| 304 | + | 24 designated by the condominium or common interest community | |
| 305 | + | 25 association, the following applies: | |
| 306 | + | 26 (1) The unit owner shall first obtain prior written | |
| 307 | + | ||
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| 317 | + | 1 approval from the association to install the electric | |
| 318 | + | 2 vehicle charging system and the association shall approve | |
| 319 | + | 3 the installation if the unit owner agrees, in writing, to: | |
| 320 | + | 4 (A) comply with the association's architectural | |
| 321 | + | 5 standards or other reasonable conditions and | |
| 322 | + | 6 restrictions for the installation of the electric | |
| 323 | + | 7 vehicle charging system; | |
| 324 | + | 8 (B) engage a licensed and insured electrical | |
| 325 | + | 9 contractor to install the electric vehicle charging | |
| 326 | + | 10 system. The electrical contractor shall name the | |
| 327 | + | 11 association, its officers, directors, and agents as | |
| 328 | + | 12 additional insured and shall provide a certificate of | |
| 329 | + | 13 insurance to the association evidencing such | |
| 330 | + | 14 additional insured status; | |
| 331 | + | 15 (C) within 14 days after approval, provide a | |
| 332 | + | 16 certificate of insurance that names the association, | |
| 333 | + | 17 its officers, directors, and agents as an additional | |
| 334 | + | 18 insured party under the unit owner's insurance policy | |
| 335 | + | 19 as required under paragraph (3); | |
| 336 | + | 20 (D) pay for both the costs associated with the | |
| 337 | + | 21 installation of and the electricity usage associated | |
| 338 | + | 22 with the electric vehicle charging system; and | |
| 339 | + | 23 (E) be responsible for damage to the common | |
| 340 | + | 24 elements or common areas or other units resulting from | |
| 341 | + | 25 the installation, use, and removal of the electric | |
| 342 | + | 26 vehicle charging system. | |
| 343 | + | ||
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| 353 | + | 1 (2) The unit owner, and each successive unit owner of | |
| 354 | + | 2 the electric vehicle charging system, is responsible for: | |
| 355 | + | 3 (A) costs for damage to the electric vehicle | |
| 356 | + | 4 charging system, common area, exclusive use common | |
| 357 | + | 5 area, or separate interests resulting from the | |
| 358 | + | 6 installation, maintenance, repair, removal, or | |
| 359 | + | 7 replacement of the electric vehicle charging system; | |
| 360 | + | 8 (B) costs for the maintenance, repair, and | |
| 361 | + | 9 replacement of the electric vehicle charging system | |
| 362 | + | 10 until it has been removed, and for the restoration of | |
| 363 | + | 11 the common area after removal; | |
| 364 | + | 12 (C) costs of electricity associated with the | |
| 365 | + | 13 charging system, which shall be based on: | |
| 366 | + | 14 (i) an embedded submetering device; or | |
| 367 | + | 15 (ii) a reasonable calculation of cost, based | |
| 368 | + | 16 on the average miles driven, efficiency of the | |
| 369 | + | 17 electric vehicle calculated by the United States | |
| 370 | + | 18 Environmental Protection Agency, and the cost of | |
| 371 | + | 19 electricity for the common area; and | |
| 372 | + | 20 (D) disclosing to a prospective buyer the | |
| 373 | + | 21 existence of any electric vehicle charging system of | |
| 374 | + | 22 the unit owner and the related responsibilities of the | |
| 375 | + | 23 unit owner under this Section. | |
| 376 | + | 24 (3) The purpose of the costs under paragraph (2) is | |
| 377 | + | 25 for the reasonable reimbursement of electricity usage and | |
| 378 | + | 26 shall not be set to deliberately exceed the reasonable | |
| 379 | + | ||
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| 389 | + | 1 reimbursement. | |
| 390 | + | 2 (4) The unit owner of the electric vehicle charging | |
| 391 | + | 3 system, whether the electric vehicle charging system is | |
| 392 | + | 4 located within the common area or exclusive use common | |
| 393 | + | 5 area, shall, at all times, maintain a liability coverage | |
| 394 | + | 6 policy. The unit owner that submitted the application to | |
| 395 | + | 7 install the electric vehicle charging system shall provide | |
| 396 | + | 8 the association with the corresponding certificate of | |
| 397 | + | 9 insurance within 14 days after approval of the | |
| 398 | + | 10 application. The unit owner, and each successive unit | |
| 399 | + | 11 owner, shall provide the association with the certificate | |
| 400 | + | 12 of insurance annually thereafter. | |
| 401 | + | 13 (5) A unit owner is not required to maintain a | |
| 402 | + | 14 homeowner liability coverage policy for an existing | |
| 403 | + | 15 National Electrical Manufacturers Association standard | |
| 404 | + | 16 alternating current power plug. | |
| 405 | + | 17 (f) Except as provided in subsection (g), the installation | |
| 406 | + | 18 of an electric vehicle charging system for the exclusive use | |
| 407 | + | 19 of a unit owner in a common area that is not an exclusive use | |
| 408 | + | 20 common area may be authorized by the association, subject to | |
| 409 | + | 21 applicable law, only if installation in the unit owner's | |
| 410 | + | 22 designated parking space is impossible or unreasonably | |
| 411 | + | 23 expensive. In such an event, the association shall enter into | |
| 412 | + | 24 a license agreement with the unit owner for the use of the | |
| 413 | + | 25 space in a common area, and the unit owner shall comply with | |
| 414 | + | 26 all of the requirements in subsection (e). | |
| 415 | + | ||
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| 425 | + | 1 (g) An association may install an electric vehicle | |
| 426 | + | 2 charging system in the common area for the use of all unit | |
| 427 | + | 3 owners and members of the association. The association shall | |
| 428 | + | 4 develop appropriate terms of use for the electric vehicle | |
| 429 | + | 5 charging system. | |
| 430 | + | 6 (h) An association that willfully violates this Section | |
| 431 | + | 7 shall be liable to the unit owner for actual damages and shall | |
| 432 | + | 8 pay a civil penalty to the unit owner not to exceed $500. | |
| 433 | + | 9 (i) In any action by a unit owner requesting to have an | |
| 434 | + | 10 electric vehicle charging system installed and seeking to | |
| 435 | + | 11 enforce compliance with this Section, the court shall award | |
| 436 | + | 12 reasonable attorney's fees to a prevailing party. | |
| 437 | + | 13 Section 35. Electric vehicle charging system policy for | |
| 438 | + | 14 renters. | |
| 439 | + | 15 (a) Notwithstanding any provision in the lease to the | |
| 440 | + | 16 contrary and subject to subsection (b): | |
| 441 | + | 17 (1) a tenant may install, at the tenant's expense for | |
| 442 | + | 18 the tenant's own use, a level 1 receptacle or outlet, a | |
| 443 | + | 19 level 2 receptacle or outlet, or a level 2 electric | |
| 444 | + | 20 vehicle charging system on or in the leased premises; | |
| 445 | + | 21 (2) a landlord shall not assess or charge a tenant any | |
| 446 | + | 22 fee for the placement or use of an electric vehicle | |
| 447 | + | 23 charging system, except that: | |
| 448 | + | 24 (A) the landlord may: | |
| 449 | + | 25 (i) require reimbursement for the actual cost | |
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| 460 | + | 1 of electricity provided by the landlord that was | |
| 461 | + | 2 used by the electric vehicle charging system; | |
| 462 | + | 3 (ii) charge a reasonable fee for access. If | |
| 463 | + | 4 the electric vehicle charging system is part of a | |
| 464 | + | 5 network for which a network fee is charged, the | |
| 465 | + | 6 landlord's reimbursement may include the amount of | |
| 466 | + | 7 the network fee. Nothing in this subparagraph | |
| 467 | + | 8 requires a landlord to impose upon a tenant a fee | |
| 468 | + | 9 or charge other than the rental payments specified | |
| 469 | + | 10 in the lease; or | |
| 470 | + | 11 (iii) charge a security deposit to cover costs | |
| 471 | + | 12 to restore the property to its original condition | |
| 472 | + | 13 if the tenant removes the electric vehicle | |
| 473 | + | 14 charging system. | |
| 474 | + | 15 (B) the landlord may require reimbursement for the | |
| 475 | + | 16 cost of the installation of the electric vehicle | |
| 476 | + | 17 charging system, including any additions or upgrades | |
| 477 | + | 18 to existing wiring directly attributable to the | |
| 478 | + | 19 requirements of the electric vehicle charging system, | |
| 479 | + | 20 if the landlord places or causes the electric vehicle | |
| 480 | + | 21 charging system to be placed at the request of the | |
| 481 | + | 22 tenant; and | |
| 482 | + | 23 (C) if the tenant desires to place an electric | |
| 483 | + | 24 vehicle charging system in an area accessible to other | |
| 484 | + | 25 tenants, the landlord may assess or charge the tenant | |
| 485 | + | 26 a reasonable fee to reserve a specific parking space | |
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| 496 | + | 1 in which to install the electric vehicle charging | |
| 497 | + | 2 system. | |
| 498 | + | 3 (b) A landlord may require a tenant to comply with: | |
| 499 | + | 4 (1) bona fide safety requirements consistent with an | |
| 500 | + | 5 applicable building code or recognized safety standard for | |
| 501 | + | 6 the protection of persons and property; | |
| 502 | + | 7 (2) a requirement that the electric vehicle charging | |
| 503 | + | 8 system be registered with the landlord within 30 days | |
| 504 | + | 9 after installation; or | |
| 505 | + | 10 (3) reasonable aesthetic provisions that govern the | |
| 506 | + | 11 dimensions, placement, or external appearance of an | |
| 507 | + | 12 electric vehicle charging system. | |
| 508 | + | 13 (c) A tenant may place an electric vehicle charging system | |
| 509 | + | 14 if: | |
| 510 | + | 15 (1) the electric vehicle charging system is in | |
| 511 | + | 16 compliance with all applicable requirements adopted by a | |
| 512 | + | 17 landlord under subsection (b); and | |
| 513 | + | 18 (2) the tenant agrees, in writing, to: | |
| 514 | + | 19 (A) comply with the landlord's design | |
| 515 | + | 20 specifications for the installation of an electric | |
| 516 | + | 21 vehicle charging system; | |
| 517 | + | 22 (B) engage the services of a duly licensed and | |
| 518 | + | 23 registered electrical contractor familiar with the | |
| 519 | + | 24 installation and code requirements of an electric | |
| 520 | + | 25 vehicle charging system; and | |
| 521 | + | 26 (C) provide, within 14 days after receiving the | |
| 522 | + | ||
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| 532 | + | 1 landlord's consent for the installation, a certificate | |
| 533 | + | 2 of insurance naming the landlord as an additional | |
| 534 | + | 3 insured party on the tenant's renter's insurance | |
| 535 | + | 4 policy for any claim related to the installation, | |
| 536 | + | 5 maintenance, or use of the electric vehicle charging | |
| 537 | + | 6 system or, at the landlord's option, reimbursement to | |
| 538 | + | 7 the landlord for the actual cost of any increased | |
| 539 | + | 8 insurance premium amount attributable to the electric | |
| 540 | + | 9 vehicle charging system, notwithstanding any provision | |
| 541 | + | 10 to the contrary in the lease. The tenant shall provide | |
| 542 | + | 11 reimbursement for an increased insurance premium | |
| 543 | + | 12 amount within 14 days after the tenant receives the | |
| 544 | + | 13 landlord's invoice for the amount attributable to the | |
| 545 | + | 14 electric vehicle charging system. | |
| 546 | + | 15 (d) If the landlord consents to a tenant's installation of | |
| 547 | + | 16 an electric vehicle charging system on property accessible to | |
| 548 | + | 17 other tenants, including a parking space, carport, or garage | |
| 549 | + | 18 stall, then, unless otherwise specified in a written agreement | |
| 550 | + | 19 with the landlord: | |
| 551 | + | 20 (1) The tenant, and each successive tenant with | |
| 552 | + | 21 exclusive rights to the area where the electric vehicle | |
| 553 | + | 22 charging system is installed, is responsible for costs for | |
| 554 | + | 23 damages to the electric vehicle charging system and to any | |
| 555 | + | 24 other property of the landlord or another tenant resulting | |
| 556 | + | 25 from the installation, maintenance, repair, removal, or | |
| 557 | + | 26 replacement of the electric vehicle charging system. | |
| 558 | + | ||
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| 568 | + | 1 (A) Costs under this paragraph shall be based on: | |
| 569 | + | 2 (i) an embedded submetering device; or | |
| 570 | + | 3 (ii) a reasonable calculation of cost, based | |
| 571 | + | 4 on the average miles driven, efficiency of the | |
| 572 | + | 5 electric vehicle calculated by the United States | |
| 573 | + | 6 Environmental Protection Agency, and the cost of | |
| 574 | + | 7 electricity for the common area. | |
| 575 | + | 8 (B) The purpose of the costs under this paragraph | |
| 576 | + | 9 is for reasonable reimbursement of electricity usage | |
| 577 | + | 10 and shall not be set to deliberately exceed that | |
| 578 | + | 11 reasonable reimbursement. | |
| 579 | + | 12 (2) Each successive tenant with exclusive rights to | |
| 580 | + | 13 the area where the electric vehicle charging system is | |
| 581 | + | 14 installed shall assume responsibility for the repair, | |
| 582 | + | 15 maintenance, removal, and replacement of the electric | |
| 583 | + | 16 vehicle charging system until the electric vehicle | |
| 584 | + | 17 charging system is removed. | |
| 585 | + | 18 (3) The tenant, and each successive tenant with | |
| 586 | + | 19 exclusive rights to the area where the electric vehicle | |
| 587 | + | 20 charging system is installed, shall, at all times, have | |
| 588 | + | 21 and maintain an insurance policy covering the obligations | |
| 589 | + | 22 of the tenant under this subsection and shall name the | |
| 590 | + | 23 landlord as an additional insured party under the policy. | |
| 591 | + | 24 (4) The tenant, and each successive tenant with | |
| 592 | + | 25 exclusive rights to the area where the electric vehicle | |
| 593 | + | 26 charging system is installed, is responsible for removing | |
| 594 | + | ||
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| 604 | + | 1 the system if reasonably necessary or convenient for the | |
| 605 | + | 2 repair, maintenance, or replacement of any property of the | |
| 606 | + | 3 landlord, whether or not leased to another tenant. | |
| 607 | + | 4 (e) An electric vehicle charging system installed at the | |
| 608 | + | 5 tenant's cost is the property of the tenant. Upon termination | |
| 609 | + | 6 of the lease, if the electric vehicle charging system is | |
| 610 | + | 7 removable, the tenant may either remove it or sell it to the | |
| 611 | + | 8 landlord or another tenant for an agreed price. Nothing in | |
| 612 | + | 9 this subsection requires the landlord or another tenant to | |
| 613 | + | 10 purchase the electric vehicle charging system. | |
| 614 | + | 11 (f) A landlord that willfully violates this Section shall | |
| 615 | + | 12 be liable to the tenant for actual damages, and shall pay a | |
| 616 | + | 13 civil penalty to the tenant in an amount not to exceed $1,000. | |
| 617 | + | 14 (g) In any action by a tenant requesting to have an | |
| 618 | + | 15 electric vehicle charging system installed and seeking to | |
| 619 | + | 16 enforce compliance with this Section, the court shall award | |
| 620 | + | 17 reasonable attorney's fees to a prevailing plaintiff. | |
| 621 | + | 18 (h) A tenant whose landlord is an owner in an association | |
| 622 | + | 19 and who desires to install an electric vehicle charging | |
| 623 | + | 20 station must obtain approval to do so through the tenant's | |
| 624 | + | 21 landlord or owner and in accordance with those provisions of | |
| 625 | + | 22 this Act applicable to associations. | |
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