415 ILCS 120/ Electric Vehicle Rebate Act.

(415 ILCS 120/1)

Sec. 1. Short title. This Act may be cited as the Electric Vehicle Rebate Act.

(Source: P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/5)

Sec. 5. Purpose. The General Assembly declares that it is the public policy of the State to promote and encourage the use of electric vehicles as a means to improve air quality and reduce the risks from global warming in the State and to meet the requirements of the federal Clean Air Act. The General Assembly further declares that the State can play a leadership role in increasing usage of vehicles powered by electricity.

(Source: P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/10)

Sec. 10. Definitions. As used in this Act:

"Agency" means the Environmental Protection Agency.

"Covered Area" means the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, the townships of Aux Sable and Goose Lake in Grundy County, and the township of Oswego in Kendall County.

"Electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, must be plugged in to charge, and is licensed to drive on public roadways. "Electric Vehicle" does not include electric mopeds, electric off-highway vehicles, or hybrid electric vehicles and extended-range electric vehicles that are also equipped with conventional fueled propulsion or auxiliary engines.

"Environmental justice community" has the same meaning, based on existing methodologies and findings, used and as may be updated by the Illinois Power Agency and its Program Administrator of the Illinois Solar for All Program.

"Low income" means persons and families whose income does not exceed 80% of the State median income for the current State fiscal year, as established by the United States Department of Health and Human Services.

(Source: P.A. 102-662, eff. 9-15-21; 102-820, eff. 5-13-22.)

(415 ILCS 120/15)

Sec. 15. Rulemaking. The Agency shall promulgate rules as necessary and dedicate sufficient resources to implement Section 27 of this Act. Such rules shall be consistent with applicable provisions of the Clean Air Act and any regulations promulgated pursuant thereto. The Secretary of State may promulgate rules to implement Section 35 of this Act.

(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)

(415 ILCS 120/20)

Sec. 20. (Repealed).

(Source: P.A. 91-798, eff. 7-9-00. Repealed by P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/21)

Sec. 21. (Repealed).

(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 96-323, eff. 8-11-09.)

(415 ILCS 120/22)

Sec. 22. (Repealed).

(Source: P.A. 93-913, eff. 8-12-04. Repealed by P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/23)

Sec. 23. (Repealed).

(Source: P.A. 96-1000, eff. 7-2-10. Repealed internally, eff. 1-1-12.)

(415 ILCS 120/24)

Sec. 24. (Repealed).

(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/25)

Sec. 25. (Repealed).

(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 100-621, eff. 7-20-18.)

(415 ILCS 120/27)

Sec. 27. Electric vehicle rebate.

(a) Beginning July 1, 2022, and continuing as long as funds are available, each person shall be eligible to apply for a rebate, in the amounts set forth below, following the purchase of an electric vehicle in Illinois. The Agency shall issue rebates consistent with the provisions of this Act and any implementing regulations adopted by the Agency. In no event shall a rebate amount exceed the purchase price of the vehicle.

(1) Beginning July 1, 2022, a $4,000 rebate for the purchase of an electric vehicle that is not an electric motorcycle.

(2) Beginning July 1, 2026, a $2,000 rebate for the purchase of an electric vehicle that is not an electric motorcycle.

(3) Beginning July 1, 2028, a $1,500 rebate for the purchase of an electric vehicle that is not an electric motorcycle.

(4) Beginning July 1, 2022, a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle.

(b) To be eligible to receive a rebate, a purchaser must:

(1) Reside in Illinois, both at the time the vehicle was purchased and at the time the rebate is issued.

(2) Purchase an electric vehicle in Illinois on or after July 1, 2022 and be the owner of the vehicle at the time the rebate is issued. Rented or leased vehicles, vehicles purchased from an out-of-state dealership, and vehicles delivered to or received by the purchaser out-of-state are not eligible for a rebate under this Act.

(3) Apply for the rebate within 90 days after the vehicle purchase date, and provide to the Agency proof of residence, proof of vehicle ownership, and proof that the vehicle was purchased in Illinois, including a copy of a purchase agreement noting an Illinois seller. The purchaser must notify the Agency of any changes in residency or ownership of the vehicle that occur between application for a rebate and issuance of a rebate.

(c) The Agency shall make available in application materials methods for purchasers to identify as low-income. The Agency shall prioritize the review of qualified applications from low-income purchasers and award rebates to qualified purchasers accordingly.

(d) The purchaser must retain ownership of the vehicle for a minimum of 12 consecutive months immediately after the vehicle purchase date. The purchaser must continue to reside in Illinois during that time frame and register the vehicle in Illinois during that time frame. Rebate recipients who fail to satisfy any of the above criteria will be required to reimburse the Agency all or part of the original rebate amount and shall notify the Agency within 60 days of failing to satisfy the criteria.

(e) Rebates administered under this Section shall be available for both new and used electric vehicles.

(f) A rebate administered under this Act may only be applied for and awarded one time per vehicle identification number. A rebate may only be applied for and awarded once per purchaser in any 10-year period.

(Source: P.A. 102-662, eff. 9-15-21; 102-820, eff. 5-13-22.)

(415 ILCS 120/30)

Sec. 30. (Repealed).

(Source: P.A. 97-90, eff. 7-11-11. Repealed by P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/31)

Sec. 31. (Repealed).

(Source: P.A. 102-444, eff. 8-20-21. Repealed by P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/32)

Sec. 32. (Repealed).

(Source: P.A. 102-444, eff. 8-20-21. Repealed by P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/35)

Sec. 35. User fees.

(a) The Office of the Secretary of State shall collect annual user fees from any individual, partnership, association, corporation, or agency of the United States government that registers any combination of 10 or more of the following types of motor vehicles in the Covered Area: (1) vehicles of the First Division, as defined in the Illinois Vehicle Code; (2) vehicles of the Second Division registered under the B, C, D, F, H, MD, MF, MG, MH and MJ plate categories, as defined in the Illinois Vehicle Code; and (3) commuter vans and livery vehicles as defined in the Illinois Vehicle Code. This Section does not apply to vehicles registered under the International Registration Plan under Section 3-402.1 of the Illinois Vehicle Code. The user fee shall be $20 for each vehicle registered in the Covered Area for each fiscal year. The Office of the Secretary of State shall collect the $20 when a vehicle's registration fee is paid.

(b) Owners of State, county, and local government vehicles, rental vehicles, antique vehicles, expanded-use antique vehicles, electric vehicles, and motorcycles are exempt from paying the user fees on such vehicles.

(c) The Office of the Secretary of State shall deposit the user fees collected into the Electric Vehicle Rebate Fund.

(Source: P.A. 101-505, eff. 1-1-20; 102-662, eff. 9-15-21.)

(415 ILCS 120/40)

(Text of Section from P.A. 103-8)

Sec. 40. Appropriations from the Electric Vehicle Rebate Fund.

(a) The Agency shall estimate the amount of user fees expected to be collected under Section 35 of this Act for each fiscal year. User fee funds shall be deposited into and distributed from the Electric Vehicle Rebate Fund in the following manner:

(1) Through fiscal year 2023, an annual amount not to exceed $225,000 may be appropriated to the Agency from the Electric Vehicle Rebate Fund to pay its costs of administering the programs authorized by Section 27 of this Act. Beginning in fiscal year 2024 and in each fiscal year thereafter, an annual amount not to exceed $600,000 may be appropriated to the Agency from the Electric Vehicle Rebate Fund to pay its costs of administering the programs authorized by Section 27 of this Act. An amount not to exceed $225,000 may be appropriated to the Secretary of State from the Electric Vehicle Rebate Fund to pay the Secretary of State's costs of administering the programs authorized under this Act.

(2) In fiscal year 2022 and each fiscal year thereafter, after appropriation of the amounts authorized by item (1) of subsection (a) of this Section, the remaining moneys estimated to be collected during each fiscal year shall be appropriated.

(3) (Blank).

(4) Moneys appropriated to fund the programs authorized in Sections 25 and 30 shall be expended only after they have been collected and deposited into the Electric Vehicle Rebate Fund.

(b) General Revenue Fund amounts appropriated to and deposited into the Electric Vehicle Rebate Fund shall be distributed from the Electric Vehicle Rebate Fund to fund the program authorized in Section 27.

(Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23.)

(Text of Section from P.A. 103-363)

Sec. 40. Appropriations from the Electric Vehicle Rebate Fund.

(a) User Fees Funds. The Agency shall estimate the amount of user fees expected to be collected under Section 35 of this Act for each fiscal year. User fee funds shall be deposited into and distributed from the Electric Vehicle Rebate Fund in the following manner:

(1) An annual amount not to exceed $225,000 may be appropriated to the Agency from the Electric Vehicle Rebate Fund to pay its costs of administering the programs authorized by Section 27 of this Act. An amount not to exceed $225,000 may be appropriated to the Secretary of State from the Electric Vehicle Rebate Fund to pay the Secretary of State's costs of administering the programs authorized under this Act.

(2) In fiscal year 2022 and each fiscal year thereafter, after appropriation of the amounts authorized by item (1) of subsection (a) of this Section, the remaining moneys estimated to be collected during each fiscal year shall be appropriated.

(3) (Blank).

(4) Moneys appropriated to fund the programs authorized in Sections 25 and 30 shall be expended only after they have been collected and deposited into the Electric Vehicle Rebate Fund.

(b) General Revenue Fund Appropriations. General Revenue Fund amounts appropriated to and deposited into the Electric Vehicle Rebate Fund shall be distributed from the Electric Vehicle Rebate Fund to fund the program authorized in Section 27.

(Source: P.A. 102-662, eff. 9-15-21; 103-363, eff. 7-28-23.)

(415 ILCS 120/45)

Sec. 45. Electric Vehicle Rebate Fund; creation; deposit of user fees. A separate fund in the State Treasury called the Electric Vehicle Rebate Fund is created, into which shall be transferred the user fees as provided in Section 35 and any other revenues, deposits, State appropriations, contributions, grants, gifts, bequests, legacies of money and securities, or transfers as provided by law from, without limitation, governmental entities, private sources, foundations, trade associations, industry organizations, and not-for-profit organizations.

(Source: P.A. 102-662, eff. 9-15-21.)

(415 ILCS 120/900)

Sec. 900. (Amendatory provisions; text omitted).

(Source: P.A. 89-410; text omitted.)

(415 ILCS 120/999)

Sec. 999. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 89-410.)