Some things are supposed to be sacrosanct- as American as apple pie and freedom- but this week the National League implemented the designated hitter. It’s almost like Rob Manfred wants to be as universally disliked as Roger Goodell. For shame, baseball.
On the other hand, one thing that’s never been vigorously enforced is legislative committee deadlines. That appears to be slightly different this year as the legislature looks to minimize the amount of bills passed this year. Today is deadline for the Senate and next Friday for the House, we’ll be watching these extensions closely.
Committee Updates
Once again, the House Cybersecurity committee was cancelled this week. The Chamber opposes three of the four bills so far assigned to that committee: HB 3061 (Right to Repair), HB 3453 (Geolocation restrictions), HB 4599 (App Store restrictions). The fourth bill is Chairman Robinson’s bill which was proposed by DoIT and seems innocuous.
Cybersecurity will meet next Thursday at 10 am with those four bills. Since its deadline, I expect the committee will be held this week.
Speaking of the app store bill, the identical Senate version SB 3417 has been assigned to Judiciary Committee. Word under the dome is to expect a subject matter hearing on this bill on March 8th. We are working with a coalition to oppose these bills.
BIPA Update, Part I- Legislative
HB 4692 (Wheeler) was posted for the House Judiciary Civil Committee for a hearing Wednesday morning at 8 am. This bill is a collaboration between the Illinois Chamber, IMA, IRMA and the Chicagoland Chamber. It is a comprehensive BIPA reform bill which addresses both liability reforms and additional security protections. I will provide oral testimony in favor of the bill.
Here’s the bill summary: HB 4692 (Wheeler) - Changes the definitions of "biometric identifier" and "written release". Defines "biometric lock", "biometric time clock", "electronic signature", "in writing", and "security purpose". Provides that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection. Waives certain requirements for collecting, capturing, or otherwise obtaining a person's or a customer's biometric identifier or biometric information under certain circumstances relating to security purposes. Provides that nothing in the Act shall be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Requires the Department of Labor to provide information for employers regarding the requirements of the Act on its website. Amends the Workers' Compensation Act. Provides that nothing in the Act limits, prevents, or preempts a recovery by an employee under the Biometric Information Privacy Act.
BIPA Update, Part II- Judicial
On Tuesday oral arguments were held in Walton v. Roosevelt University in the Illinois Appellate Court for the First District. The question argued was whether BIPA claims by a unionized employee against his employer are preempted by the federal LMRA. The Illinois Chamber of Commerce weighed in on behalf of employers in an amicus brief arguing for preemption. Justice Fitzgerald-Smith specifically mentioned that the amicus briefs were “excellent.” I remain fairly optimistic that the First District will reverse the Circuit Court and adopt the reasoning of the federal courts that have held that these claims are preempted.
Props to Shook, Hardy and Bacon for their work on the amicus and to Seyfarth for their work representing the defendants in the case. Here’s hoping for a positive outcome.
Electric Vehicles Update: $5 Billion over Five Years for National EV Charging Network
In last fall’s federal bipartisan infrastructure package, $7.5 billion was allocated for electric vehicle charging stations. Today, the USDOT Federal Highway Authority rolled out the National Electric Vehicle Infrastructure (NEVI) Formula Program. it was announced that $5 billon dollars of that total was specifically allocated for “high use corridors” that connect the country.
In total, $615 million is being provided to the States in in the first year of the program. The formula used for the distribution is similar to other federal highway grants. To access the funds, each state has to submit an EV Infrastructure Deployment Plan. Illinois is set to receive nearly $22 million in FY 2022 and over $148 million across the next five years for electric vehicle charging.
Provided below are some of the requirements of note:
- EV charging infrastructure is installed every 50 miles along the State’s portions of the Interstate Highway System within 1 travel mile of the Interstate, unless a discretionary exception has been granted
- EV charging infrastructure has minimum station power capability at or above 600kW and supports at least 150kW per port simultaneously across four ports for charging
- State may use funds provided under the NEVI Formula Program for EV charging infrastructure on any public road or in other publicly accessible locations that are open to the general public or to authorized commercial motor vehicle operators from more than one company
- Publicly accessible locations may include public parking facilities, parking at public buildings, public transportation stations, Park-and-Rides, public schools, public parks, private parking facilities available for public use and more.
- The Federal cost-share for NEVI Formula Program projects is 80 percent. Private and State funds can be used to provide the remaining cost-share. NEVI Formula Program funds can be spread further by combining them with other eligible USDOT funding for EV charging infrastructure projects if the eligibility requirements are met for both programs and the total Federal cost-share does not exceed 80 percent.
- Funds made available under the NEVI Formula Program may be used to contract with a private entity for acquisition, installation, and operation and maintenance of publicly accessible EV charging infrastructure and the private entity may pay the non-Federal share of the cost of a project funded. States can own or lease EV charging infrastructure in accordance with 2 CFR part 13 200.
A competitive grant program to increase EV chagrining in rural and underserved communities will be announced later this year.
Read the entire press release here.
Read the entire FHA memo on the NEVI program here.
Chamber President Todd Maisch and I met with senior IDOT officials last week to discuss how to maximize this funding. We are pleased with their efforts so far. We are looking to have IDOT address the Chamber on this opportunity soon.
