Bill Text: IL SB3323 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Creates the Accessible Electric Vehicle Charging Station Act. Requires the Department of Transportation to ensure that charging stations in the State are sufficiently accessible to allow independent use by drivers with disabilities, including people who have limited or no hand dexterity, limb differences, or upper extremity amputations and use adaptive driving controls. Requires chargers designed to serve people who use mobility devices to be located on an accessible route. Provides that the Department shall adopt the technical requirements for accessible routes established under the federal Americans with Disabilities Act of 1990 (ADA) and the federal Architectural Barriers Act of 1968 (ABA) including walking surfaces, curb ramps, and ramps. Establishes that a charging space with mobility features must provide a vehicle space with a minimum width of at least 11 feet and a minimum length of at least 20 feet. Requires chargers to provide a clear floor or ground space. Requires clear floor or ground spaces to meet ADA requirements for ground and floor surfaces, including criteria for firmness, stability, and slip resistance. Provides that a reasonable number of chargers, as determined by the Department, shall comply with ADA operable parts requirements, including technical requirements for clear floor or ground space, reach ranges, and operation. Provides that a connector must allow operation with one hand and no tight grasping, pinching, or twisting of the wrist, and with no more than 5 pounds of force. Provides that all chargers operated or maintained by any entity within the State must comply with the technical requirements for hardware under the federal Rehabilitation Act of 1973. Grants rulemaking authority. Defines terms.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Engrossed) 2024-04-18 - Referred to Rules Committee [SB3323 Detail]

Download: Illinois-2023-SB3323-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Accessible Electric Vehicle Charging Station Act.
Section 3. Applicability. This Act does not apply to a
charger owned by a resident of any of the following if the
charger is not used for a commercial purpose:
(1) a single-family home;
(2) a condominium association;
(3) a common interest community association;
(4) a master association; or
(5) a residential housing cooperative.
Section 5. Definitions. As used in this Act:
"AC Level 2" means a charger that uses a 240-volt
alternating-current electrical circuit to deliver electricity
to an electric vehicle.
"ABA" means the federal Architectural Barriers Act of
1968.
"ADA" means the federal Americans with Disabilities Act of
1990.
"Charger" means a device with one or more charging ports

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and connectors for charging electric vehicles. "Charger" also
includes electric vehicle supply equipment.
"Charging port" means the system within a charger that
charges an electric vehicle. A charging port may have multiple
connectors, but it can only provide power to charge one
electric vehicle through one connector at a time.
"Charging station" means one or more chargers at a common
location. "Charging station" includes a large site, such as a
parking lot or parking garage, that has multiple charging
stations.
"Charging station operator" means the entity that operates
and maintains the chargers and supporting equipment and
facilities at one or more charging stations. "Charging station
operator" also includes a charging point operator.
"Connector" means a device that attaches electric vehicles
to charging ports to transfer electricity.
"Contactless payment methods" means a secure method for
consumers to purchase services using a debit, credit,
smartcard, or another payment device by using radio frequency
identification technology and near-field communication.
"Department" means the Department of Transportation.
"Direct current fast charger" or "DCFC" means a charger
that uses a 3-phase, 480-volt alternating current electrical
circuit to enable rapid charging through the delivery of
direct current electricity to the electric vehicle.
"Electric vehicle" means an automotive vehicle that is

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either partially or fully powered by electricity.
"ICT" means information and communication technology.
"Site" means a parcel of land bounded by a property line or
a designated portion of a public right-of-way.
"Vehicle charging inlet" means the inlet on a vehicle into
which a connector is plugged. "Vehicle charging inlet" also
includes a charging port or charging door.
"Vehicle charging space" means a space to park a vehicle
for charging. A vehicle charging space can be a marked parking
space or an unmarked area adjacent to a charger.
Section 10. Accessible chargers; accessible routes.
(a) The Department shall ensure that charging stations in
this State are sufficiently accessible to allow independent
use by drivers with disabilities, including people who have
limited or no hand dexterity, limb differences, or upper
extremity amputations and use adaptive driving controls. A
reasonable number of chargers, as determined by the
Department, must have physical access for people who use
mobility devices, such as wheelchairs, scooters, walkers, and
canes. Chargers must have accessible communication features
and operable parts. All chargers containing ICT that are
developed, procured, maintained, or used by any entity within
the State must comply with Section 508 of the Rehabilitation
Act and have accessible ICT, including accessible hardware,
software, and operable parts.

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(b) Chargers designed to serve people who use mobility
devices must be located on an accessible route and must
provide:
(1) a vehicle charging space that is at least 11 feet
wide and 20 feet long;
(2) an adjoining access aisle that is at least 5 feet
wide;
(3) a clear floor or ground space at the same level as
the vehicle charging space and positioned for an
unobstructed side reach; and
(4) accessible operable parts, including parts on the
charger and connector.
(c) The Department shall adopt the technical requirements
for accessible routes established by the ADA and ABA
standards, including walking surfaces, curb ramps, and ramps.
Section 15. Electric vehicle charging space; access aisle.
Charging spaces with mobility features must provide a vehicle
space with a minimum width of at least 11 feet and a minimum
length of at least 20 feet. Adjacent to the vehicle charging
space shall be an access aisle that is at least 5 feet wide and
the full length of the vehicle charging space. Where vehicle
charging spaces are marked, access aisles shall also be marked
to restrict parking in them. The width of the vehicle charging
spaces and access aisles is measured to the centerline of
markings, but it can include the full width of lines where

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there is no adjacent vehicle space or access aisle.
One access aisle may be shared by 2 vehicle charging
spaces, or a charging space and a parking space, but overlap of
the aisle shall be limited to 5-feet.
Access aisles shall not be blocked or obscured by curbs,
wheel stops, bollards, or charging cable slack. Floor or
ground surfaces of vehicle charging spaces and access aisles
must comply with Section 302 of the American with Disabilities
Act.
The access aisle shall be connected by an accessible route
to the clear floor or ground space at the charger. When
charging cables are less than 10 feet, the charger must be
positioned so that the operable parts and clear floor or
ground space are on the same side as the access aisle.
Section 20. Clear floor or ground space. Chargers shall
provide a clear floor or ground space. Clear floor or ground
spaces must meet ADA requirements for ground and floor
surfaces, including criteria for firmness, stability, and slip
resistance. The clear floor or ground space must be free of
changes in level and not sloped more than 1:48. Grass, curbs,
wheel stops, and bollards shall not be located within the
clear floor or ground space. Clear floor or ground space at
chargers must be a minimum of 30 inches by 48 inches.
Additional space may be required where the clear floor or
ground space is confined on 3 sides and obstructed for more

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than half the depth. Chargers shall be installed at the same
level as the vehicle charging space and access aisle so that
the clear floor or ground space can be placed as close as
possible to the charger. If chargers must be installed on a
curb, such as at on-street parking, the charger must be placed
as close to the edge of the face of the curb as possible and no
farther than 10 inches away from the face of the curb.
Section 25. Operable parts within reach range. A
reasonable number of chargers, as determined by the
Department, shall comply with Section 309 of the Americans
with Disabilities Act operable parts requirements, including
technical requirements for clear floor or ground space, reach
ranges, and operation. Operable parts on chargers shall
include, but are not limited to, the connector, card readers,
electronic user interfaces, and switches and buttons,
including the emergency start or stop button. All operable
parts shall also meet the ADA requirements for an unobstructed
side reach and be no higher than 48 inches above the clear
floor or ground space and no farther than 10 inches away. An
exception for a fuel dispenser shall not be used. Operable
parts shall be placed at a reasonable height, as determined by
the Department, but not less than a minimum of 15-inches from
the base of the charger.
Section 30. Connectors; charging cables. Connectors must

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allow operation with one hand and no tight grasping, pinching,
or twisting of the wrist, and they must require no more than 5
pounds of force to operate.
Lightweight charging cables, including, but not limited
to, AC Level 2 and DCFCs shall be of sufficient length, as
determined by the Department, to charge a vehicle with various
charging inlet locations. Heavier and shorter DCFC cables
shall be able to charge a vehicle positioned at least 5-feet
away and shall be installed so that users can access the
vehicle charging inlet, access aisle, and charger. Charging
cables shall not block or obstruct accessible routes when
stored or when connected to vehicles.
Section 35. Accessible communication features; user
interface.
(a) All chargers that are procured or maintained within
the State must comply with the technical requirements for
hardware under Section 508 federal Rehabilitation Act of 1973.
(b) Display screens shall:
(1) be visible from a point located 40 inches above
the clear floor or ground;
(2) avoid bright and rapid flashing lights;
(3) include at least one mode with text characters in
a sans serif font and have an adjustable text size or a
minimum character height of 3/16 inch;
(4) enable speech output that includes:

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(A) an option for display screens to provide
speech output that is capable of full and independent
use by individuals with vision impairments;
(B) coordination with information displayed on the
display screen;
(C) capabilities that allow for pausing and
repeating; and
(D) volume controls; and
(5) include Braille instructions for initiating the
speech output function.
(c) Input controls shall include:
(1) a label on keys and visual controls with high
contrast;
(2) a control that is tactically discernible;
(3) a QWERTY layout when alphabetical keys are
provided;
(4) a 2-second delay before input of a key is
repeated; and
(5) a visual, auditory, or tactile alert that notifies
the user when a timed response is required and gives the
user an opportunity to indicate more time is needed.
(d) If the charger requires the user to have an NFC
keychain card or other physical token that requires a
particular orientation for its use, then the card or token
must provide a tactically discernible orientation.

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Section 40. Contactless payment systems; customer service.
(a) Registration and payment card readers shall be
compatible with contactless payment systems, shall be
tactically discernible, and shall provide visual and audible
feedback.
(b) Charging station operators shall provide customer
service, help support, or other mechanisms to report outages,
malfunctions, obstructed chargers, and other issues.
Section 45. Electric vehicle charging station location
within a site. A charging station must connect to an
accessible route that leads to an accessible entrance of the
building or facilities on the same site. Additionally, the
accessible chargers shall be on the shortest accessible route
to the accessible entrance relative to other chargers at the
same charging station.
Charging stations in parking garages must provide an
accessible route that connects to the accessible pedestrian
entrance of the parking garage. Additionally, a minimum
vertical clearance of 98 inches must be maintained throughout
the vehicular route to the accessible vehicle charging space
and access aisle.
Sites with charging stations as the primary purpose shall
include accessible routes that connect to any amenities on the
site and, if provided, a sidewalk in the public right-of-way.
Charging stations added to existing sites must comply with

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the ADA and ABA requirements for alterations and additions. In
alterations, compliance with the ADA and ABA standards is
required to the maximum extent feasible. If charging stations
are added to an existing site, they must connect to an
accessible route and a reasonable number of chargers, as
determined by the Department, must comply with Section 309 of
the Americans with Disabilities Act and have a clear floor or
ground space and operable parts within reach range.
Section 50. Electric vehicles charging stations at
residential facilities. Shared or common-use chargers located
at residential facilities in the State must be accessible.
Chargers that are designated to specific residential units
shall provide the appropriate accessibility features. When
residential facilities designate parking spaces to each
residential unit, the parking space for the mobility
accessible unit must be an accessible parking space. A charger
provided for a mobility accessible residential unit must have
a charging space with accessible mobility features. A charger
provided for a communication accessible residential unit must
have a charger with accessible communication features.
Section 51. Enforcement. The Attorney General shall have
the authority to enforce this Act. The Attorney General may
investigate any complaint or reported violation of this Act
and, if necessary to ensure compliance, may do any or all of

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the following:
(1) Conduct an investigation to determine if a
violation of this Act exists. This includes the power to:
(A) require an individual or entity to file a
statement or report in writing under oath or
otherwise, as to all information the Attorney General
may consider;
(B) examine under oath any person alleged to have
participated in or with knowledge of the violations;
and
(C) issue subpoenas or conduct hearings in aid of
any investigation.
(2) Bring an action for an injunction to halt
construction or alteration of any electric vehicle
charging station or to require compliance with this Act by
any electric vehicle charging station that has been or is
being constructed or altered in violation of this Act.
(3) Bring an action for mandamus.
(4) Bring an action for penalties as follows: any
owner of an electric vehicle charging station in violation
of this Act is subject to civil penalties in a sum not to
exceed S250 per day, and each day the owner is in violation
of this Act constitutes a separate offense.
(5) Bring an action for any other appropriate relief,
including, but not limited to, in lieu of a civil action,
the entry of an assurance of voluntary compliance with the

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individual or entity deemed to have violated this Act.