On June 9th, Governor JB Pritzker signed into law State Bill 40 (SB40). The effective date of SB40 — better known as the “Electric Vehicle Charging Act” is January 1, 2024.
In summary, the Illinois Electric Vehicle Charging Act (the “Act”) applies to new single-family homes and newly constructed or renovated multi-unit residential buildings that have parking spaces constructed or renovated after the effective date of the Act. It also includes electric vehicle charging station policies for unit owners and for renters.
Single-Family Resident and Small Multi-Family Residence
A new single-family residence or a new small multifamily residence (a single residential building that accommodates 2-4 families) must have at least one electric vehicle capable parking space for each residential unit that has dedicated parking, unless any subsequently adopted building code requires additional electric vehicle capable parking spaces or installed electric vehicle supply equipment.
Large Multi-Family Residence
All building permits issued 90 days after the effective date of the Act must require that a new, large multi-family residential building (one that accommodates 5 families or more) or a large multi-family residential building being renovated by a developer converting the property to an association have 100% of its total parking spaces EV-capable. It should be noted however, that “nothing in the Act shall be construed to require that in the case of a developer converting the property to an association, no EV-capable or EV-ready mandate shall apply if it would necessitate the developer having to excavate an existing surface or other parking facility in order to retro-fit the parking lot or facility with the necessary conduit and wiring.”
Unit and Rental Policies For condominium unit owners, any deed, contract, security deposit or other instrument that effectively prohibits or unreasonably restricts the installation or use of an EV-charging system within the owner’s unit or a designated parking space is void and unenforceable under this Act.
Regarding rental tenants, under that Act “a tenant may install, at the tenant’s expense for the tenant’s own use…a receptacle or outlet or a…charging system on or in the leased premises…” for which the landlord cannot assess or charge a tenant any fee for the placement or use of their vehicle charging system.
A copy of SB40, which includes additional language about unit and rental policies related to EV-charging systems can be found here: Bill Status of SB0040
Also, please feel free to contact Elara’s Commercial / Multifamily Practice Leader, Matt Swanson, at mswanson@elaraeng.com for additional insights about SB40.
