have committed to introducing their own lines of electric vehicles. If Super Bowl commercials have any element of prescience, Americans will soon be purchasing their coveted pickups and SUVs in electric models.
WITH AN INCREASE IN ELECTRIC VEHICLES WILL ALSO COME AN INCREASE IN NEED FOR ELECTRIC VEHICLE CHARGING STATIONS.
Anticipating that future, the electric vehicle charging station industry is working on policy and legislation that will promote the use of electric vehicles and reduce barriers for installing electric vehicle charging stations throughout the United States.
Governor Pritzker has made electric vehicles part of his political agenda. He wants legislation that will not only promote consumer use of electric vehicles, but also to attract electric vehicle manufacturing facilities to Illinois. Such a policy has both ecological and economic elements. At least in theory, such policies and legislation would reduce Illinoisans’ reliance on fossil fuels and carbon emissions while bringing jobs and tax revenue to the State. Putting aside any debate over the details of implementing such policies or legislation, I find it hard to believe that many would object to helping our environment while bringing financial benefits to Illinoisans.
During the past several legislative sessions, multiple bills have been introduced in the General Assembly involving electric vehicles and electric vehicle charging stations. Those bills range from tax incentives for electric vehicle manufacturers to requiring electric vehicle charging stations be installed in new construction of residential and commercial buildings. One bill from the most recent legislative session that directly impacted community associations was House Bill 3125 (“HB3125”).
HB3125 was introduced by Representative Robyn Gabel. The policies promoted by the bill are popular among some legislators, and therefore, the bill has several co-sponsors in both the House and Senate. The bill did pass out of the House but got stuck in the Senate. Thus, HB3125 is not one of the community association related bills that will become law. At least not at this point in time. The bill or something similar is expected to return in the next legislative session.
HB3125 would create a new Electric Vehicle Charging Act (“EVC Act”). The stated intent of the EVC Act is to promote the installation of electric vehicle charging stations in new and renovated residential and commercial developments and to allow renters and condominium owners the ability
to install charging stations under reasonable conditions. In its introduced form, the bill contained some problematic provisions as they applied to community associations. Accordingly, the CAI Illinois Legislative Action Committee (“ILAC”) immediately reached out to Representative Gabel to discuss ILAC’s concerns and work with her to amend the bill with appropriate language.
As introduced, HB3125 was forty pages. Although many of the provisions did not apply to community associations, several did. To go through in detail all community association related provisions of the bill, as it was introduced as well as its multiple amendments, would require more space than this article allows. Accordingly, we will touch on a couple of the most significant issues addressed by ILAC.
One issue with the bill was how it defined the term “renovated” and how that term would apply to condominium buildings. The bill would have imposed specific requirements on the number of parking spaces that must be electric vehicle ready or electric vehicle capable in new or renovated residential buildings. That provision was broad enough to included condominium buildings. There was a concern that a condominium embarking on a maintenance project that involved the building’s electrical service capacity (for example, an elevator modernization project) could trigger the parking space requirements. If those electric vehicle parking space requirements are triggered, then the scope and cost of the intended project could increase exponentially. Either the association would have to increase the scope of the project, which could impose a significant financial burden on the association, or the association would have to delay the project. Neither outcome would be good.
To address that situation, ILAC presented language that limited the applicability of the renovated triggered requirements. As amended, condominiums would only have to ensure that the electrical panel could handle branch lines to electric vehicle charging stations to the extent that the existing power capacities would allow. In other words, if a condominium was having its electrical panel upgraded, then that upgrade would have to include making the panel ready for branch lines for only as many electric vehicle charging stations as the existing power capacity could handle.
Another issue addressed by ILAC involved an individual unit owner’s desire to install an electric vehicle charging station for their personal use. ILAC worked with the bill sponsor and other interested stakeholders to ensure that associations had authority to impose reasonable requirements for the protection of common elements/ common areas. Additionally, appropriate language was proposed to ensure that an individual unit owner was
44 | COMMON INTEREST®
• Summer 2022 • A Publication of CAI-Illinois Chapter
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