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Wednesday, June 21, 2023

EV Charging Act Will Impose New Construction Standards on Residential Buildings

Governor Pritzker recently signed into law the Electric Vehicle Charging Act, P.A. 103-0053, imposing new requirements on residential buildings to have a certain number of parking spaces be "EV capable." The Act becomes effective January 1, 2024, although some of the requirements do not take effect immediately.

The new law requires all new single family homes and multiple family buildings containing 2 to 4 units that are constructed after January 1, 2024 to have an electric panel installed that meets the "EV capable" requirements of the Act for at least one dedicated parking space per residential unit. Affordable single family homes and units in multiple family buildings with 2 to 4 units do not have to become "EV capable" until January 1, 2026 and the requirement only applies to code-required parking spaces for affordable units.

For new or converted multiple family buildings containing 5 or more units, 100% of all parking spaces must be "EV capable" for buildings issued a building permit after April 1, 2024. There is an exception to the requirement if the parking lot or structure would have to be excavated to comply with the Act. New affordable housing buildings have a more gradual rollout for EV capability, starting in 2026. 

The Act also includes provisions that restrict homeowners and condominium associations from prohibiting or unreasonably restricting the installation of EV charging systems, as well as provisions that apply to the installation of charging systems in rental properties.

"EV-capable" is defined under the Act and includes language requiring parking spaces subject to the Act to have installed, at a minimum, the electrical panel capacity and conduit to support future implementation of EV charging with 208-volt or 240-volt or greater, 4-ampere or greater circuits.


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