State of Illinois
2021 and 2022


Introduced 1/29/2021, 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.

LRB102 10040 CPF 15360 b





HB0245LRB102 10040 CPF 15360 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
14a leadership role in the development of vehicles powered by
15electricity alternate fuels, as well as in the establishment
16of the necessary charging infrastructure to support this
17emerging technology.
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,



HB0245- 2 -LRB102 10040 CPF 15360 b

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
6operated in Illinois and is capable of using an alternate
8    "Biodiesel fuel" means a renewable fuel conforming to the
9industry standard ASTM-D6751 and registered with the U.S.
10Environmental Protection Agency.
11    "Car sharing organization" means an organization whose
12primary business is a membership-based service that allows
13members to drive cars by the hour in order to extend the public
14transit system, reduce personal car ownership, save consumers
15money, increase the use of alternative transportation, and
16improve environmental sustainability.
17    "Conventional", when used to modify the word "vehicle",
18"engine", or "fuel", means gasoline or diesel or any
19reformulations of those fuels.
20    "Covered Area" means the counties of Cook, DuPage, Kane,
21Lake, McHenry, and Will and those portions of Grundy County
22and Kendall County that are included in the following ZIP code
23areas, as designated by the U.S. Postal Service on the
24effective date of this amendatory Act of 1998: 60416, 60444,
2560447, 60450, 60481, 60538, and 60543.
26    "Director" means the Director of the Environmental



HB0245- 3 -LRB102 10040 CPF 15360 b

1Protection Agency.
2    "Domestic renewable fuel" means a fuel, produced in the
3United States, composed of a minimum 80% ethanol, 80%
4bio-based methanol, or 20% biodiesel fuel.
5    "E85 blend fuel" means fuel that contains 85% ethanol and
615% gasoline.
7    "Electric vehicle" means a vehicle that is licensed to
8drive on public roadways, is predominantly powered by, and
9primarily refueled with, electricity, and does not have
10restrictions confining it to operate on only certain types of
11streets or roads.
12    "GVWR" means Gross Vehicle Weight Rating.
13    "Location" means (i) a parcel of real property or (ii)
14multiple, contiguous parcels of real property that are
15separated by private roadways, public roadways, or private or
16public rights-of-way and are owned, operated, leased, or under
17common control of one party.
18    "Original equipment manufacturer" or "OEM" means a
19manufacturer of alternate fuel vehicles or a manufacturer or
20remanufacturer of alternate fuel engines used in vehicles
21greater than 8500 pounds GVWR.
22    "Rental vehicle" means any motor vehicle that is owned or
23controlled primarily for the purpose of short-term leasing or
24rental pursuant to a contract.
25(Source: P.A. 97-90, eff. 7-11-11.)



HB0245- 4 -LRB102 10040 CPF 15360 b

1    (415 ILCS 120/15)
2    Sec. 15. Rulemaking. The Agency shall promulgate rules and
3dedicate sufficient resources to implement the purposes of
4Section 30 of this Act. Such rules shall be consistent with the
5provisions of the Clean Air Act Amendments of 1990 and any
6regulations promulgated pursuant thereto. The Secretary of
7State may promulgate rules to implement Section 30 and Section
835 of this Act. The Department of Commerce and Economic
9Opportunity may promulgate rules to implement Section 25 of
10this Act.
11(Source: P.A. 94-793, eff. 5-19-06.)
12    (415 ILCS 120/22)
13    Sec. 22. Electric Flexible fuel vehicle database. The
14Secretary of State shall, to the extent that the necessary
15information is obtainable from automobile manufacturers,
16compile a database of the electric flexible fuel vehicles in
17the State by zip code area. The database shall be created based
18upon the make, model, and vehicle identification number of
19registered vehicles. The database shall include only the
20number of vehicles by zip code and shall be completed and made
21available to the public in both print and electronic format by
22January 1, 2005. For the purposes of this Section, "flexible
23fuel vehicle" means a vehicle that is capable of running on E85
24blend fuel.
25(Source: P.A. 93-913, eff. 8-12-04.)



HB0245- 5 -LRB102 10040 CPF 15360 b

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
5vehicle shall be eligible to apply for a rebate. Beginning
6July 1, 2005, each owner of a vehicle using domestic renewable
7fuel is eligible to apply for a fuel cost differential rebate
8under item (3) of this subsection. The Agency shall cause
9rebates to be issued under the provisions of this Act. An owner
10may apply for only one of 3 types of rebates with regard to an
11individual alternate fuel vehicle: (i) a conversion cost
12rebate, (ii) an OEM differential cost rebate, or (iii) a fuel
13cost differential rebate. Only one rebate may be issued with
14regard to a particular electric alternate fuel vehicle during
15the life of that vehicle. A rebate shall not exceed $24,000
16$4,000 per vehicle. Over the life of this rebate program, an
17owner of an electric alternate fuel vehicle or a vehicle using
18domestic renewable fuel may not receive rebates for more than
1915 150 vehicles 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
23    an 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



HB0245- 6 -LRB102 10040 CPF 15360 b

1    for the conversion cost rebate. Amounts spent by
2    applicants within a calendar year may be claimed on a
3    rebate application submitted within 12 months after the
4    month in which the conversion of the vehicle took place.
5    Approved conversion cost rebates applied for during or
6    after calendar year 1997 shall be 80% of all approved
7    conversion costs claimed and documented. Approval of
8    conversion cost rebates may continue after calendar year
9    2002, if funds are still available. An applicant may
10    include on an application submitted in 1997 all amounts
11    spent within that calendar year on the conversion, even if
12    the expenditure occurred before promulgation of the Agency
13    rules.
14        (2) An OEM differential cost rebate may be issued to
15    an owner or his or her designee in order to reduce the cost
16    differential between a conventional vehicle or engine and
17    the same vehicle or engine, produced by an original
18    equipment manufacturer, that has the capability to use
19    alternate fuels.
20        A new OEM vehicle or engine must be purchased in
21    Illinois and must either be an alternate fuel vehicle or
22    used in an alternate fuel vehicle, respectively, for the
23    owner to be eligible for an OEM differential cost rebate.
24    Large vehicles, over 8,500 pounds gross vehicle weight,
25    purchased outside Illinois are eligible for an OEM
26    differential cost rebate if the same or a comparable



HB0245- 7 -LRB102 10040 CPF 15360 b

1    vehicle is not available for purchase in Illinois. Amounts
2    spent by applicants within a calendar year may be claimed
3    on a rebate application submitted within 12 months after
4    the month in which the new OEM vehicle or engine was
5    purchased.
6        Approved OEM differential cost rebates applied for
7    during or after calendar year 1997 shall be 80% of all
8    approved cost differential claimed and documented.
9    Approval of OEM differential cost rebates may continue
10    after calendar year 2002, if funds are still available. An
11    applicant may include on an application submitted in 1997
12    all amounts spent within that calendar year on OEM
13    equipment, even if the expenditure occurred before
14    promulgation of the Agency rules.
15        (3) A fuel cost differential rebate may be issued to
16    an owner or his or her designee in order to reduce the cost
17    differential between conventional fuels and domestic
18    renewable fuels or alternate fuels purchased to operate an
19    alternate fuel vehicle. The fuel cost differential shall
20    be based on a 3-year life cycle cost analysis developed by
21    the Agency by rulemaking. The rebate shall apply to and be
22    payable during a consecutive 3-year period commencing on
23    the date the application is approved by the Agency.
24    Approved fuel cost differential rebates may be applied for
25    during or after calendar year 1997 and approved rebates
26    shall be 80% of the cost differential for a consecutive



HB0245- 8 -LRB102 10040 CPF 15360 b

1    3-year period. Approval of fuel cost differential rebates
2    may continue after calendar year 2002 if funds are still
3    available.
4        Twenty-five percent of the amount that is appropriated
5    under Section 40 to be used to fund programs authorized by
6    this Section during calendar year 2001 shall be designated
7    to fund fuel cost differential rebates. If the total
8    dollar amount of approved fuel cost differential rebate
9    applications as of July 1, 2001 is less than the amount
10    designated for that calendar year, the balance of
11    designated funds shall be immediately available to fund
12    any rebate authorized by this Section and approved in the
13    calendar year.
14        An approved fuel cost differential rebate shall be
15    paid to an owner in 3 annual installments on or about the
16    anniversary date of the approval of the application.
17    Owners receiving a fuel cost differential rebate shall be
18    required to demonstrate, through recordkeeping, the use of
19    domestic renewable fuels during the 3-year period
20    commencing on the date the application is approved by the
21    Agency. If the vehicle ceases to be registered to the
22    original applicant owner, a prorated installment shall be
23    paid to that owner or the owner's designee and the
24    remainder of the rebate shall be canceled.
25    (b) (Blank). Vehicles owned by the federal government or
26vehicles registered in a state outside Illinois are not



HB0245- 9 -LRB102 10040 CPF 15360 b

1eligible for rebates.
2    (c) Through fiscal year 2013, the Agency may make grants
3to one or more car sharing organizations located and operating
4in Illinois for the purchase of new electric vehicles from an
5Illinois car dealership. A grant may not exceed 25% of the
6total project cost, including vehicles and supporting
8        (1) Once in each fiscal year, a car sharing
9    organization may submit a grant proposal to the Agency.
10    The information in the proposal shall, at a minimum,
11    consist of the following:
12            (A) the name, address, and locations of the car
13        sharing organization and its operations within
14        Illinois;
15            (B) a description of the car sharing organization,
16        including the number and types of vehicles currently
17        in the fleet and how the vehicles are strategically
18        located to maximize their usage along with a summary
19        of the demographic populations being served;
20            (C) a summary of average miles per year driven by
21        the vehicles currently in the fleet;
22            (D) a narrative description of the project,
23        including the overall plans of the organization in
24        acquiring electric vehicles, the makes and models and
25        the number of electric vehicles that will be acquired
26        by the funding, estimated purchase costs for each



HB0245- 10 -LRB102 10040 CPF 15360 b

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



HB0245- 11 -LRB102 10040 CPF 15360 b

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



HB0245- 12 -LRB102 10040 CPF 15360 b

1(Source: P.A. 96-537, eff. 8-14-09; 96-1278, eff. 7-26-10;
297-90, eff. 7-11-11.)
3    (415 ILCS 120/31)
4    Sec. 31. Electric Alternate Fuel Infrastructure Program.
5Subject to appropriation, the Department of Commerce and
6Community Affairs (now Department of Commerce and Economic
7Opportunity) shall establish a grant program to provide
8funding for the building of electric vehicle charging E85
9blend, propane, at least 20% biodiesel blended fuel, and
10compressed natural gas (CNG) fueling facilities, including
11private on-site fueling facilities, to be built within the
12covered area or in Illinois metropolitan areas over 100,000 in
13population. The Department of Commerce and Economic
14Opportunity shall be responsible for reviewing the proposals
15and awarding the grants.
16(Source: P.A. 94-62, eff. 6-20-05.)
17    (415 ILCS 120/32)
18    Sec. 32. Electric Vehicle Clean Fuel Education Program.
19Subject to appropriation, the Department of Commerce and
20Economic Opportunity, in cooperation with the Agency and
21Chicago Area Clean Cities, shall administer the Electric
22Vehicle Clean Fuel Education Program, the purpose of which is
23to educate fleet administrators and Illinois' citizens about
24the benefits of using electric vehicles alternate fuels. The



HB0245- 13 -LRB102 10040 CPF 15360 b

1program shall include a media campaign.
2(Source: P.A. 94-793, eff. 5-19-06.)
3    (415 ILCS 120/40)
4    Sec. 40. Appropriations from the Alternate Fuels Fund.
5    (a) User Fees Funds. The Agency shall estimate the amount
6of user fees expected to be collected under Section 35 of this
7Act for each fiscal year. User fee funds shall be deposited
8into and distributed from the Alternate Fuels Fund in the
9following manner:
10        (1) An In each of fiscal years 1999, 2000, 2001, 2002,
11    and 2003, an amount not to exceed $200,000, and beginning
12    in fiscal year 2004 an annual amount not to exceed
13    $225,000, may be appropriated to the Agency from the
14    Alternate Fuels Fund to pay its costs of administering the
15    program programs authorized by Section 30 of this Act. An
16    Up to $200,000 may be appropriated to the Office of the
17    Secretary of State in each of fiscal years 1999, 2000,
18    2001, 2002, and 2003 from the Alternate Fuels Fund to pay
19    the Secretary of State's costs of administering the
20    programs authorized under this Act. Beginning in fiscal
21    year 2004 and in each fiscal year thereafter, an amount
22    not to exceed $225,000 may be appropriated to the
23    Secretary of State from the Alternate Fuels Fund to pay
24    the Secretary of State's costs of administering the
25    programs authorized under this Act.



HB0245- 14 -LRB102 10040 CPF 15360 b

1        (2) After In fiscal years 1999, 2000, 2001, and 2002,
2    after appropriation of the amounts authorized by item (1)
3    of subsection (a) of this Section, the remaining moneys
4    estimated to be collected during each fiscal year shall be
5    appropriated as follows: 80% of the remaining moneys shall
6    be appropriated to fund the programs authorized by Section
7    30, and 20% shall be appropriated to fund the programs
8    authorized by Section 25. In fiscal year 2004 and each
9    fiscal year thereafter, after appropriation of the amounts
10    authorized by item (1) of subsection (a) of this Section,
11    the remaining moneys estimated to be collected during each
12    fiscal year shall be appropriated as follows: 70% of the
13    remaining moneys shall be appropriated to fund the
14    programs authorized by Section 30 and 30% shall be
15    appropriated to fund the programs authorized by Section
16    31.
17        (3) (Blank).
18        (4) Moneys appropriated to fund the programs
19    authorized in Sections 25 and 30 and 31 shall be expended
20    only after they have been collected and deposited into the
21    Alternate Fuels Fund.
22    (b) General Revenue Fund Appropriations. General Revenue
23Fund amounts appropriated to and deposited into the Alternate
24Fuels Fund shall be distributed from the Alternate Fuels Fund
25in the following manner:
26        (1) In each of fiscal years 2003 and 2004, an amount



HB0245- 15 -LRB102 10040 CPF 15360 b

1    not to exceed $50,000 may be appropriated to the
2    Department of Commerce and Community Affairs (now
3    Department of Commerce and Economic Opportunity) from the
4    Alternate Fuels Fund to pay its costs of administering the
5    programs authorized by Sections 31 and 32.
6        (2) In each of fiscal years 2003 and 2004, an amount
7    not to exceed $50,000 may be appropriated to the
8    Department of Commerce and Community Affairs (now
9    Department of Commerce and Economic Opportunity) to fund
10    the programs authorized by Section 32.
11        (3) In each of fiscal years 2003 and 2004, after
12    appropriation of the amounts authorized in items (1) and
13    (2) of subsection (b) of this Section, the remaining
14    moneys received from the General Revenue Fund shall be
15    appropriated as follows: 52.632% of the remaining moneys
16    shall be appropriated to fund the programs authorized by
17    Sections 25 and 30 and 47.368% of the remaining moneys
18    shall be appropriated to fund the programs authorized by
19    Section 31. The moneys appropriated to fund the programs
20    authorized by Sections 25 and 30 shall be used as follows:
21    20% shall be used to fund the programs authorized by
22    Section 25, and 80% shall be used to fund the programs
23    authorized by Section 30.
24    Moneys appropriated to fund the programs authorized in
25Section 31 shall be expended only after they have been
26deposited into the Alternate Fuels Fund.



HB0245- 16 -LRB102 10040 CPF 15360 b

1(Source: P.A. 93-32, eff. 7-1-03; 94-793, eff. 5-19-06.)
2    (415 ILCS 120/20 rep.)
3    (415 ILCS 120/24 rep.)
4    Section 10. The Alternate Fuels Act is amended by
5repealing Sections 20 and 24.