Illinois General Assembly - Full Text of HB2899
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Full Text of HB2899  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Sam Yingling


415 ILCS 120/5
415 ILCS 120/10
415 ILCS 120/15
415 ILCS 120/22
415 ILCS 120/30
415 ILCS 120/31
415 ILCS 120/32
415 ILCS 120/40
415 ILCS 120/20 rep.
415 ILCS 120/24 rep.

    Amends the Alternate Fuels Act. Provides that the Act's purpose shall be to encourage the use of electric power (rather than alternate fuel) in vehicles for the purpose of reducing the risks from global warming. Eliminates defined terms. Removes provisions allowing the Department of Commerce and Economic Opportunity to promulgate rules to implement a portion of the Act. Removes provisions specifying rules to be implemented. Eliminates original equipment manufacturer ("OEM") rebates and fuel cost differential rebates. Removes provisions concerning car sharing organizations.

LRB101 09794 CPF 54895 b





HB2899LRB101 09794 CPF 54895 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Alternate Fuels Act is amended by changing
5Sections 5, 10, 15, 22, 30, 31, 32, and 40 as follows:
6    (415 ILCS 120/5)
7    Sec. 5. Purpose. The General Assembly declares that it is
8the public policy of the State to promote and encourage the use
9of electric alternate fuel in vehicles as a means to improve
10air quality and reduce the risks from global warming in the
11State and to meet the requirements of the federal Clean Air Act
12Amendments of 1990 and the federal Energy Policy Act of 1992.
13The General Assembly further declares that the State can play a
14leadership role in the development of vehicles powered by
15electricity alternate fuels, as well as in the establishment of
16the necessary charging infrastructure to support this emerging
18(Source: P.A. 89-410.)
19    (415 ILCS 120/10)
20    Sec. 10. Definitions. As used in this Act:
21    "Agency" means the Environmental Protection Agency.
22    "Alternate fuel" means liquid petroleum gas, natural gas,



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1E85 blend fuel, fuel composed of a minimum 80% ethanol, 80%
2bio-based methanol, fuels that are at least 80% derived from
3biomass, hydrogen fuel, or electricity, excluding on-board
4electric generation.
5    "Alternate fuel vehicle" means any vehicle that is operated
6in Illinois and is capable of using an alternate fuel.
7    "Biodiesel fuel" means a renewable fuel conforming to the
8industry standard ASTM-D6751 and registered with the U.S.
9Environmental Protection Agency.
10    "Car sharing organization" means an organization whose
11primary business is a membership-based service that allows
12members to drive cars by the hour in order to extend the public
13transit system, reduce personal car ownership, save consumers
14money, increase the use of alternative transportation, and
15improve environmental sustainability.
16    "Conventional", when used to modify the word "vehicle",
17"engine", or "fuel", means gasoline or diesel or any
18reformulations of those fuels.
19    "Covered Area" means the counties of Cook, DuPage, Kane,
20Lake, McHenry, and Will and those portions of Grundy County and
21Kendall County that are included in the following ZIP code
22areas, as designated by the U.S. Postal Service on the
23effective date of this amendatory Act of 1998: 60416, 60444,
2460447, 60450, 60481, 60538, and 60543.
25    "Director" means the Director of the Environmental
26Protection Agency.



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1    "Domestic renewable fuel" means a fuel, produced in the
2United States, composed of a minimum 80% ethanol, 80% bio-based
3methanol, or 20% biodiesel fuel.
4    "E85 blend fuel" means fuel that contains 85% ethanol and
515% gasoline.
6    "Electric vehicle" means a vehicle that is licensed to
7drive on public roadways, is predominantly powered by, and
8primarily refueled with, electricity, and does not have
9restrictions confining it to operate on only certain types of
10streets or roads.
11    "GVWR" means Gross Vehicle Weight Rating.
12    "Location" means (i) a parcel of real property or (ii)
13multiple, contiguous parcels of real property that are
14separated by private roadways, public roadways, or private or
15public rights-of-way and are owned, operated, leased, or under
16common control of one party.
17    "Original equipment manufacturer" or "OEM" means a
18manufacturer of alternate fuel vehicles or a manufacturer or
19remanufacturer of alternate fuel engines used in vehicles
20greater than 8500 pounds GVWR.
21    "Rental vehicle" means any motor vehicle that is owned or
22controlled primarily for the purpose of short-term leasing or
23rental pursuant to a contract.
24(Source: P.A. 97-90, eff. 7-11-11.)
25    (415 ILCS 120/15)



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1    Sec. 15. Rulemaking. The Agency shall promulgate rules and
2dedicate sufficient resources to implement the purposes of
3Section 30 of this Act. Such rules shall be consistent with the
4provisions of the Clean Air Act Amendments of 1990 and any
5regulations promulgated pursuant thereto. The Secretary of
6State may promulgate rules to implement Section 30 and Section
735 of this Act. The Department of Commerce and Economic
8Opportunity may promulgate rules to implement Section 25 of
9this Act.
10(Source: P.A. 94-793, eff. 5-19-06.)
11    (415 ILCS 120/22)
12    Sec. 22. Electric Flexible fuel vehicle database. The
13Secretary of State shall, to the extent that the necessary
14information is obtainable from automobile manufacturers,
15compile a database of the electric flexible fuel vehicles in
16the State by zip code area. The database shall be created based
17upon the make, model, and vehicle identification number of
18registered vehicles. The database shall include only the number
19of vehicles by zip code and shall be completed and made
20available to the public in both print and electronic format by
21January 1, 2005. For the purposes of this Section, "flexible
22fuel vehicle" means a vehicle that is capable of running on E85
23blend fuel.
24(Source: P.A. 93-913, eff. 8-12-04.)



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1    (415 ILCS 120/30)
2    Sec. 30. Rebate and grant program.
3    (a) Beginning January 1, 2020 1997, and as long as funds
4are available, each owner of an electric alternate fuel vehicle
5shall be eligible to apply for a rebate. Beginning July 1,
62005, each owner of a vehicle using domestic renewable fuel is
7eligible to apply for a fuel cost differential rebate under
8item (3) of this subsection. The Agency shall cause rebates to
9be issued under the provisions of this Act. An owner may apply
10for only one of 3 types of rebates with regard to an individual
11alternate fuel vehicle: (i) a conversion cost rebate, (ii) an
12OEM differential cost rebate, or (iii) a fuel cost differential
13rebate. Only one rebate may be issued with regard to a
14particular electric alternate fuel vehicle during the life of
15that vehicle. A rebate shall not exceed $24,000 $4,000 per
16vehicle. Over the life of this rebate program, an owner of an
17electric alternate fuel vehicle or a vehicle using domestic
18renewable fuel may not receive rebates for more than 15 150
19vehicles per location or for 30 300 vehicles in total.
20        (1) A conversion cost rebate may be issued to an owner
21    or his or her designee in order to reduce the cost of
22    converting a conventional vehicle or a hybrid vehicle to an
23    alternate fuel vehicle. Conversion of a conventional
24    vehicle or a hybrid vehicle to alternate fuel capability
25    must take place in Illinois for the owner to be eligible
26    for the conversion cost rebate. Amounts spent by applicants



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1    within a calendar year may be claimed on a rebate
2    application submitted within 12 months after the month in
3    which the conversion of the vehicle took place. Approved
4    conversion cost rebates applied for during or after
5    calendar year 1997 shall be 80% of all approved conversion
6    costs claimed and documented. Approval of conversion cost
7    rebates may continue after calendar year 2002, if funds are
8    still available. An applicant may include on an application
9    submitted in 1997 all amounts spent within that calendar
10    year on the conversion, even if the expenditure occurred
11    before promulgation of the Agency rules.
12        (2) An OEM differential cost rebate may be issued to an
13    owner or his or her designee in order to reduce the cost
14    differential between a conventional vehicle or engine and
15    the same vehicle or engine, produced by an original
16    equipment manufacturer, that has the capability to use
17    alternate fuels.
18        A new OEM vehicle or engine must be purchased in
19    Illinois and must either be an alternate fuel vehicle or
20    used in an alternate fuel vehicle, respectively, for the
21    owner to be eligible for an OEM differential cost rebate.
22    Large vehicles, over 8,500 pounds gross vehicle weight,
23    purchased outside Illinois are eligible for an OEM
24    differential cost rebate if the same or a comparable
25    vehicle is not available for purchase in Illinois. Amounts
26    spent by applicants within a calendar year may be claimed



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1    on a rebate application submitted within 12 months after
2    the month in which the new OEM vehicle or engine was
3    purchased.
4        Approved OEM differential cost rebates applied for
5    during or after calendar year 1997 shall be 80% of all
6    approved cost differential claimed and documented.
7    Approval of OEM differential cost rebates may continue
8    after calendar year 2002, if funds are still available. An
9    applicant may include on an application submitted in 1997
10    all amounts spent within that calendar year on OEM
11    equipment, even if the expenditure occurred before
12    promulgation of the Agency rules.
13        (3) A fuel cost differential rebate may be issued to an
14    owner or his or her designee in order to reduce the cost
15    differential between conventional fuels and domestic
16    renewable fuels or alternate fuels purchased to operate an
17    alternate fuel vehicle. The fuel cost differential shall be
18    based on a 3-year life cycle cost analysis developed by the
19    Agency by rulemaking. The rebate shall apply to and be
20    payable during a consecutive 3-year period commencing on
21    the date the application is approved by the Agency.
22    Approved fuel cost differential rebates may be applied for
23    during or after calendar year 1997 and approved rebates
24    shall be 80% of the cost differential for a consecutive
25    3-year period. Approval of fuel cost differential rebates
26    may continue after calendar year 2002 if funds are still



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1    available.
2        Twenty-five percent of the amount that is appropriated
3    under Section 40 to be used to fund programs authorized by
4    this Section during calendar year 2001 shall be designated
5    to fund fuel cost differential rebates. If the total dollar
6    amount of approved fuel cost differential rebate
7    applications as of July 1, 2001 is less than the amount
8    designated for that calendar year, the balance of
9    designated funds shall be immediately available to fund any
10    rebate authorized by this Section and approved in the
11    calendar year.
12        An approved fuel cost differential rebate shall be paid
13    to an owner in 3 annual installments on or about the
14    anniversary date of the approval of the application. Owners
15    receiving a fuel cost differential rebate shall be required
16    to demonstrate, through recordkeeping, the use of domestic
17    renewable fuels during the 3-year period commencing on the
18    date the application is approved by the Agency. If the
19    vehicle ceases to be registered to the original applicant
20    owner, a prorated installment shall be paid to that owner
21    or the owner's designee and the remainder of the rebate
22    shall be canceled.
23    (b) (Blank). Vehicles owned by the federal government or
24vehicles registered in a state outside Illinois are not
25eligible for rebates.
26    (c) Through fiscal year 2013, the Agency may make grants to



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1one or more car sharing organizations located and operating in
2Illinois for the purchase of new electric vehicles from an
3Illinois car dealership. A grant may not exceed 25% of the
4total project cost, including vehicles and supporting
6        (1) Once in each fiscal year, a car sharing
7    organization may submit a grant proposal to the Agency. The
8    information in the proposal shall, at a minimum, consist of
9    the following:
10            (A) the name, address, and locations of the car
11        sharing organization and its operations within
12        Illinois;
13            (B) a description of the car sharing organization,
14        including the number and types of vehicles currently in
15        the fleet and how the vehicles are strategically
16        located to maximize their usage along with a summary of
17        the demographic populations being served;
18            (C) a summary of average miles per year driven by
19        the vehicles currently in the fleet;
20            (D) a narrative description of the project,
21        including the overall plans of the organization in
22        acquiring electric vehicles, the makes and models and
23        the number of electric vehicles that will be acquired
24        by the funding, estimated purchase costs for each
25        vehicle, how the vehicles will be refueled, and whether
26        the refueling locations are available to the public or



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1        other entities, are private facilities solely used by
2        the organization, or a combination of both; and
3            (E) a detailed project budget, including the costs
4        of vehicles and supporting infrastructure.
5        (2) The Agency may award grants and set grant amounts,
6    provided that the total amount of the grants does not
7    exceed the Agency's estimate of the amount of the annual
8    appropriation remaining after all rebates have been
9    submitted and processed.
10        (3) In deciding whether to award a grant, the Agency
11    shall consider the overall level of environmental benefits
12    to be realized by the proposed project.
13        (4) Grant funds may only be used for purchasing
14    electric vehicles, and shall not exceed 25% of the actual
15    project expenditures. A vehicle purchased using grant
16    funds is not eligible for any rebate authorized by this
17    Section. The grant shall provide funding only for the base
18    Manufacturer's Suggested Retail Price (MSRP) of the
19    vehicle and its electric motors and drivetrain system as
20    depicted on the window sticker or similar documents, and is
21    not to include add-on options such as cabin-related product
22    or component upgrades and extended warranties.
23        (5) Within one year after the date of the grant award,
24    the grantee shall submit a final report to the Agency. If
25    there are grant funds unspent at that time, the remaining
26    money shall be returned to the Agency. The report shall



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1    include the following information:
2            (A) the make, model, and model year of each
3        vehicle;
4            (B) the dates of vehicle purchases;
5            (C) the vehicle identification number (VIN);
6            (D) the license plate number and the state of
7        registration;
8            (E) a copy of each vehicle's window sticker or
9        similar document showing the base MSRP and all options;
10            (F) proof of payment and purchase invoices for the
11        vehicles showing the Illinois car dealership where the
12        vehicles were purchased; and
13            (G) a complete financial report for the project.
14        (6) Vehicles purchased with grant funds must remain
15    registered and in service with the grantee in Illinois for
16    a minimum of 5 years after purchase. If a vehicle is sold
17    or otherwise taken out of service in Illinois earlier than
18    that time, then the grantee shall refund to the Agency a
19    prorated amount of the grant funds used to purchase that
20    vehicle, except if a vehicle is replaced with a comparable
21    vehicle or can no longer be safely operated due to an
22    accident or other damage.
23(Source: P.A. 96-537, eff. 8-14-09; 96-1278, eff. 7-26-10;
2497-90, eff. 7-11-11.)
25    (415 ILCS 120/31)



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1    Sec. 31. Electric Alternate Fuel Infrastructure Program.
2Subject to appropriation, the Department of Commerce and
3Community Affairs (now Department of Commerce and Economic
4Opportunity) shall establish a grant program to provide funding
5for the building of electric vehicle charging E85 blend,
6propane, at least 20% biodiesel blended fuel, and compressed
7natural gas (CNG) fueling facilities, including private
8on-site fueling facilities, to be built within the covered area
9or in Illinois metropolitan areas over 100,000 in population.
10The Department of Commerce and Economic Opportunity shall be
11responsible for reviewing the proposals and awarding the
13(Source: P.A. 94-62, eff. 6-20-05.)
14    (415 ILCS 120/32)
15    Sec. 32. Electric Vehicle Clean Fuel Education Program.
16Subject to appropriation, the Department of Commerce and
17Economic Opportunity, in cooperation with the Agency and
18Chicago Area Clean Cities, shall administer the Electric
19Vehicle Clean Fuel Education Program, the purpose of which is
20to educate fleet administrators and Illinois' citizens about
21the benefits of using electric vehicles alternate fuels. The
22program shall include a media campaign.
23(Source: P.A. 94-793, eff. 5-19-06.)
24    (415 ILCS 120/40)



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1    Sec. 40. Appropriations from the Alternate Fuels Fund.
2    (a) User Fees Funds. The Agency shall estimate the amount
3of user fees expected to be collected under Section 35 of this
4Act for each fiscal year. User fee funds shall be deposited
5into and distributed from the Alternate Fuels Fund in the
6following manner:
7        (1) An In each of fiscal years 1999, 2000, 2001, 2002,
8    and 2003, an amount not to exceed $200,000, and beginning
9    in fiscal year 2004 an annual amount not to exceed
10    $225,000, may be appropriated to the Agency from the
11    Alternate Fuels Fund to pay its costs of administering the
12    program programs authorized by Section 30 of this Act. An
13    Up to $200,000 may be appropriated to the Office of the
14    Secretary of State in each of fiscal years 1999, 2000,
15    2001, 2002, and 2003 from the Alternate Fuels Fund to pay
16    the Secretary of State's costs of administering the
17    programs authorized under this Act. Beginning in fiscal
18    year 2004 and in each fiscal year thereafter, an amount not
19    to exceed $225,000 may be appropriated to the Secretary of
20    State from the Alternate Fuels Fund to pay the Secretary of
21    State's costs of administering the programs authorized
22    under this Act.
23        (2) After In fiscal years 1999, 2000, 2001, and 2002,
24    after appropriation of the amounts authorized by item (1)
25    of subsection (a) of this Section, the remaining moneys
26    estimated to be collected during each fiscal year shall be



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1    appropriated as follows: 80% of the remaining moneys shall
2    be appropriated to fund the programs authorized by Section
3    30, and 20% shall be appropriated to fund the programs
4    authorized by Section 25. In fiscal year 2004 and each
5    fiscal year thereafter, after appropriation of the amounts
6    authorized by item (1) of subsection (a) of this Section,
7    the remaining moneys estimated to be collected during each
8    fiscal year shall be appropriated as follows: 70% of the
9    remaining moneys shall be appropriated to fund the programs
10    authorized by Section 30 and 30% shall be appropriated to
11    fund the programs authorized by Section 31.
12        (3) (Blank).
13        (4) Moneys appropriated to fund the programs
14    authorized in Sections 25 and 30 and 31 shall be expended
15    only after they have been collected and deposited into the
16    Alternate Fuels Fund.
17    (b) General Revenue Fund Appropriations. General Revenue
18Fund amounts appropriated to and deposited into the Alternate
19Fuels Fund shall be distributed from the Alternate Fuels Fund
20in the following manner:
21        (1) In each of fiscal years 2003 and 2004, an amount
22    not to exceed $50,000 may be appropriated to the Department
23    of Commerce and Community Affairs (now Department of
24    Commerce and Economic Opportunity) from the Alternate
25    Fuels Fund to pay its costs of administering the programs
26    authorized by Sections 31 and 32.



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1        (2) In each of fiscal years 2003 and 2004, an amount
2    not to exceed $50,000 may be appropriated to the Department
3    of Commerce and Community Affairs (now Department of
4    Commerce and Economic Opportunity) to fund the programs
5    authorized by Section 32.
6        (3) In each of fiscal years 2003 and 2004, after
7    appropriation of the amounts authorized in items (1) and
8    (2) of subsection (b) of this Section, the remaining moneys
9    received from the General Revenue Fund shall be
10    appropriated as follows: 52.632% of the remaining moneys
11    shall be appropriated to fund the programs authorized by
12    Sections 25 and 30 and 47.368% of the remaining moneys
13    shall be appropriated to fund the programs authorized by
14    Section 31. The moneys appropriated to fund the programs
15    authorized by Sections 25 and 30 shall be used as follows:
16    20% shall be used to fund the programs authorized by
17    Section 25, and 80% shall be used to fund the programs
18    authorized by Section 30.
19    Moneys appropriated to fund the programs authorized in
20Section 31 shall be expended only after they have been
21deposited into the Alternate Fuels Fund.
22(Source: P.A. 93-32, eff. 7-1-03; 94-793, eff. 5-19-06.)
23    (415 ILCS 120/20 rep.)
24    (415 ILCS 120/24 rep.)
25    Section 10. The Alternate Fuels Act is amended by repealing



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1Sections 20 and 24.