The Impact of the Electric Vehicle Charging Act on Large Multi-Family Developments

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Illinois has mandated that new residential construction shall be provided with the infrastructure to support electric vehicle (EV) charging.

Since the beginning of 2024 the Electric Vehicle Charging Act (Illinois State Act 765 ILCS 1085)[1] has been in effect. It defines that large multifamily residences include “single residential building that accommodates 5 families or more”.

Multi-family residential development projects have had to revise their design to meet the Electric Vehicle Charging Act. Per the legislation the intent is to encourage adoption of electric vehicles, and these provisions in multi-family dwellings are critical towards achieving wider adoption.

Understandably, the state law can add a large infrastructure burden to both the developer and the utility to the point that these groups are now exploring new design options. In anticipation, our firm has gathered some of the implications based on code requirements and design options available to the development team. This report focuses on large multi-family complexes as defined by the statute.

 

Required Spaces

For large multi-family residential projects, the law requires 100% of the parking to be provided with EV capable spaces. Based on our understanding this is applicable to all parking for both residents and their guests. The statute does not address parking for mixed use sites. Our recommendation is that, unless otherwise directed by the authority having jurisdiction, the design team clarify what parking is designated for each use on mixed-use sites using the local zoning code regulations as the minimum.

 

Electrical Infrastructure 

To encourage adoption of electrical vehicles the intent is to ease the cost, barriers, and complexity of installation of chargers after construction. These requirements are focused on distribution and capability of the system.

 

Distribution

Based on our review the following are required to be installed as part of the permitted construction:

  • Electrical Service serving the EV charging system

    • Including transformers, service conductors, meters, etc.

  • Raceway(s) shall be provided between primary disconnect to the central distribution equipment

  • Distribution Equipment

  • Raceways from the distribution equipment to within three feet (3’) of each parking spot

 

Raceways

The raceways shall be designed based on the known design loads. This is particularly true for the final leg between the distribution equipment and the charger. That raceway must be sized for at least 208/240 Volts at 40 Amps. Where two spaces share a single raceway to the location that raceway shall be designed for twice that capacity (either two circuits 208/240 Volts at 40 Amps or one circuit 208/240 Volts at 80 Amps)

 

Electrical Load

The state law requires that the expected load for each Electric Vehicle charging space be based on the following requirements:

  • Each EV-Capable parking space shall be provided with a minimum of 208/240 volts at 40 amps (8.32 KW or 9.6 KW) [2] unless they meet either of the following provisions.

  • Spaces served by an energy management system shall be permitted to have a minimum capacity of 4.1 KW parking space.

  • When all spaces are EV-Capable and are served by an energy management system, each space shall be permitted to have a minimum capacity of 2.7 KW per parking space.

Ensure that the panel schedules and load calculations include the expected equipment and electrical load as calculated above. Note that the reserved capacity feeder must be sized for continuous duty, not less than 125 percent of the maximum load of the equipment.

 

Electric Vehicle energy management system

To receive credit for a reduced electrical load based on the factors noted above the energy management system shall be installed as part of the permit scope. This stays consistent with the building and fire code requirements where features must be provided to receive the design allowance. For instance, a building would not be permitted to have a 200% increase in fire area if the building will not have a sprinkler system at time of construction.

 

Electrical Room

When a building’s electrical service meets or exceeds 800 amps, new safety requirements are triggered. Depending on the design choices made this can occur on site with as few as 20 parking spaces provided with a 40 Amp 240 Volt (9.6 KW) capacity for an EV charger. The larger electrical service size over 800 Amps typically triggers panic hardware and additional size and egress requirements.

 

Accessibility

While current Illinois Accessibility Code does not include requirements for EV chargers, the model building code (ICC IBC 2024) requires that a portion of EV charging stations be provided with accessible features. Additionally, the U.S. Access Board has provided design recommendations of EV charging stations. While no charger is required at this time, and there is no state-level requirement for EV charging stations to be accessible it maybe a worthwhile consideration on the design team to consider.

Based on the latest model building code 5% of the charging spaces shall be accessible. This requirement is not only for the equipment but the space, it’s size, slope, access, location, etc. (IBC 1107.1). The addition of an EV charger at a later time may result in an access aisle, which triggers the required parking to be assessed and the accessible route requirements of a site to be evaluated.

Fire Sprinkler

Parking garages with EV vehicles and charging stations are subject to higher hazard classification requirements that have been adopted and shall be incorporated in the fire protection design. The applicable fire protection codes and standards for parking garages have changed, directly affecting sprinkler system requirements. Hazard classifications and minimum design density thresholds have increased across all parking structure types. All parking structures, including those previously exempt as open garages, are now required to have sprinkler systems. Fire protection design shall account for these requirements throughout the design process.

 

Impact

While this new design requirement adds complexity onto these projects the impact of not incorporating these design requirements will increase risk for the property. Phasing critical aspects of the design also increases complexity and difficulty.

 

This law, to our knowledge, has not been tested in court, the potential liability of direct and indirect costs appears to far exceed the initial cost. Additionally, not anticipating accessibility features now can increase financial and civil liabilities.

 

[1] https://www.ilga.gov/Legislation/ILCS/Articles?ActID=4407&ChapterID=62

[2] KW = Kilowatt = 1000 * Watt

Watt =Volts * Amps