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90_SB1840eng
415 ILCS 120/10
415 ILCS 120/15
415 ILCS 120/20
415 ILCS 120/25
415 ILCS 120/30
415 ILCS 120/35
415 ILCS 120/40
Amends the Alternate Fuels Act. Changes the definition
of "covered area". Extends the ethanol fuel research program
until December 31, 2002. Provides that the Secretary of
State may promulgate rules concerning user fees. Removes the
provision requiring the Advisory Board to prepare and
recommend to the Agency rules implementing the ethanol fuel
research program. Extends the time during which a person may
apply for certain rebates until calendar year 2002. Deletes
provisions concerning application for those rebates prior to
1997. Provides that the Office of the Secretary of State
shall collect user fees through calendar year 2002. Removes
provisions concerning collection of user fees prior to fiscal
year 1999. Provides that the user fee may be collected only
for vehicles registered in the covered area (now registered
or primarily used in the covered area). Provides that owners
of vehicles registered under the International Registration
Plan are exempt from paying user fees. Provides that moneys
from the Alternate Fuels Fund may be appropriated to the
Office of the Secretary of State to pay for its cost of
administering programs under the Act. Effective immediately.
LRB9011607LDdv
SB1840 Engrossed LRB9011607LDdv
1 AN ACT to amend the Alternate Fuels Act by changing
2 Sections 10, 15, 20, 25, 30, 35, and 40.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Alternate Fuels Act is amended by
6 changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows:
7 (415 ILCS 120/10)
8 Sec. 10. Definitions. As used in this Act:
9 "Agency" means the Environmental Protection Agency.
10 "Alternate fuel" means liquid petroleum gas, natural gas,
11 fuel composed of a minimum 80% ethanol, bio-based methanol,
12 fuels derived from biomass, or electricity.
13 "Alternate fuel vehicle" means any vehicle that is
14 operated in Illinois and is capable of using an alternate
15 fuel.
16 "Conventional", when used to modify the word "vehicle",
17 "engine", or "fuel", means gasoline or diesel or any
18 reformulations of those fuels.
19 "Covered Area" means the counties of Cook, DuPage, Kane,
20 Lake, McHenry, and Will and those portions the townships of
21 AuxSable and Goose Lake in Grundy County and the township of
22 Oswego in Kendall County that are included in the following
23 ZIP code areas, as designated by the U.S. Postal Service on
24 the effective date of this amendatory Act of 1998: 60416,
25 60444, 60447, 60450, 60481, 60538, and 60543.
26 "Director" means the Director of the Environmental
27 Protection Agency.
28 "Domestic renewable fuel" means a fuel, produced in the
29 United States, composed of a minimum 80% ethanol, bio-based
30 methanol, and fuels derived from bio-mass.
31 "GVWR" means Gross Vehicle Weight Rating.
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1 "Location" means (i) a parcel of real property or (ii)
2 multiple, contiguous parcels of real property that are
3 separated by private roadways, public roadways, or private
4 or public rights-of-way and are owned, operated, leased, or
5 under common control of one party.
6 "Original equipment manufacturer" or "OEM" means a
7 manufacturer of alternate fuel vehicles or a manufacturer or
8 remanufacturer of alternate fuel engines used in vehicles
9 greater than 8500 pounds GVWR.
10 "Rental vehicle" means any motor vehicle that is owned or
11 controlled primarily for the purpose of short-term leasing or
12 rental pursuant to a contract.
13 (Source: P.A. 89-410.)
14 (415 ILCS 120/15)
15 Sec. 15. Rulemaking. Within 90 days after the
16 effective date of this Act, The Agency shall promulgate rules
17 and dedicate sufficient resources to implement the purposes
18 of Section Sections 25 and 30 of this Act. Such rules shall
19 be consistent with the provisions of the Clean Air Act
20 Amendments of 1990 and any regulations promulgated pursuant
21 thereto. The Secretary of State may promulgate rules to
22 implement Section 35 of this Act. The Department of Commerce
23 and Community Affairs may promulgate rules to implement
24 Section 25 of this Act.
25 (Source: P.A. 89-410.)
26 (415 ILCS 120/20)
27 Sec. 20. Alternate Fuels Advisory Board. Within 60
28 days after the effective date of this Act, The Governor shall
29 appoint an Alternate Fuels Advisory Board representing all
30 alternate fuels industries designated in this Act and
31 Illinois private fleet operators. The Advisory Board shall
32 be chaired by the Director. Other members appointed by the
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1 Governor shall consist of 2 representatives each from the
2 ethanol and natural gas industries, one representative from
3 the liquid petroleum industry, one representative from the
4 electric industry, one representative from the heavy duty
5 engine manufacturing industry, and one representative from
6 Illinois private fleet operators. The Advisory Board shall
7 prepare and recommend to the Agency rules implementing
8 Section Sections 25 and 30 of this Act, including, but not
9 limited to, calculation of fuel cost differential rebates
10 and designation of acceptable conversion and OEM
11 technologies.
12 Members of the Advisory Board shall not be reimbursed
13 their costs and expenses of participation. All decisions of
14 the Advisory Board shall be decided on a one vote per member
15 basis with a majority of the Advisory Board membership to
16 rule.
17 In designating acceptable conversion or OEM technologies,
18 the Advisory Board and Agency shall favor, when available,
19 technology that is in compliance with the federal Clean Air
20 Act Amendments of 1990 and applicable implementing federal
21 regulations. Conversion and OEM technologies that
22 demonstrate emission reduction capabilities that meet or
23 exceed emission standards applicable for the vehicle's model
24 year and weight class shall be acceptable. Standards
25 requiring proper installation of approved conversion
26 technologies shall be included in the recommended rules.
27 Notwithstanding the above, engines used in alternate fuel
28 vehicles greater than 8500 pounds GVWR, whether new or
29 remanufactured, shall meet the appropriate United States
30 Environmental Protection Agency emissions standards at the
31 time of manufacture, and if converted, shall meet the
32 standards in effect at the time of conversion.
33 (Source: P.A. 89-410.)
SB1840 Engrossed -4- LRB9011607LDdv
1 (415 ILCS 120/25)
2 Sec. 25. Ethanol fuel research program. The Department
3 of Commerce and Community Affairs Agency shall administer
4 initiate a research program to reduce the costs of producing
5 ethanol fuels and increase the viability of ethanol fuels,
6 new ethanol engine technologies, and ethanol refueling
7 systems. This research shall be funded from the Alternate
8 Fuels Fund. The research program shall remain in effect
9 until December 31, 2002 1999, or until funds are no longer
10 available.
11 (Source: P.A. 89-410.)
12 (415 ILCS 120/30)
13 Sec. 30. Rebate program. Beginning January 1, 1997
14 Ninety days after the effective date of this Act, each owner
15 of an alternate fuel vehicle shall be eligible to apply for a
16 rebate. The Agency shall cause rebates to be issued under
17 the provisions of this Act. The Alternate Fuels Advisory
18 Board shall develop and recommend to the Agency rules that
19 provide incentives or other measures to ensure that small
20 fleet operators and owners participate in, and benefit from,
21 the rebate program. Such rules shall define and identify
22 small fleet operators and owners in the covered area and make
23 provisions for the establishment of criteria to ensure that
24 funds from the Alternate Fuels Fund specified in this Act are
25 made readily available to these entities. The Advisory Board
26 shall, in the development of its rebate application review
27 criteria, make provisions for preference to be given to
28 applications proposing a partnership between the fleet
29 operator or owner and a fueling service station to make
30 alternate fuels available to the public. An owner may apply
31 for only one of 3 types of rebates with regard to an
32 individual alternate fuel vehicle: (i) a conversion cost
33 rebate, (ii) an OEM differential cost rebate, or (iii) a
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1 fuel cost differential rebate. Only one rebate may be issued
2 with regard to a particular alternate fuel vehicle during the
3 life of that vehicle. A rebate shall not exceed $4,000 per
4 vehicle. Over the life of this rebate program, an owner of
5 an alternate fuel vehicle may not receive rebates for more
6 than 150 vehicles per location or for 300 vehicles in total.
7 (a) A conversion cost rebate may be issued to an owner
8 or his or her designee in order to reduce the cost of
9 converting of a conventional vehicle to an alternate fuel
10 vehicle. Conversion of a conventional vehicle to alternate
11 fuel capability must take place in Illinois for the owner to
12 be eligible for the conversion cost rebate. Amounts spent by
13 applicants within a calendar year may be claimed on a rebate
14 application submitted during that calendar year. Approved
15 conversion cost rebates applied for during calendar years
16 1995, 1996, 1997, and 1998, 1999, 2000, 2001, and 2002 shall
17 be 80% of all approved conversion costs claimed and
18 documented. An applicant may include on an application
19 submitted in 1997 1995 all amounts spent within that calendar
20 year on the conversion, even if the expenditure occurred
21 before promulgation of the Agency rules.
22 (b) An OEM differential cost rebate may be issued to an
23 owner or his or her designee in order to reduce the cost
24 differential between a conventional vehicle or engine and the
25 same vehicle or engine, produced by an original equipment
26 manufacturer, that has the capability to use alternate fuels.
27 A new OEM vehicle or engine must be purchased in Illinois
28 and must either be an alternate fuel vehicle or used in an
29 alternate fuel vehicle, respectively, for the owner to be
30 eligible for an OEM differential cost rebate. Amounts spent
31 by applicants within a calendar year may be claimed on a
32 rebate application submitted during that calendar year.
33 Approved OEM differential cost rebates applied for during
34 calendar years 1995, 1996, 1997, and 1998, 1999, 2000, 2001,
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1 and 2002 shall be 80% of all approved cost differential
2 claimed and documented. An applicant may include on an
3 application submitted in 1997 1995 all amounts spent within
4 that calendar year on OEM equipment, even if the expenditure
5 occurred before promulgation of the Agency rules.
6 (c) A fuel cost differential rebate may be issued to an
7 owner or his or her designee in order to reduce the cost
8 differential between conventional fuels and domestic
9 renewable fuels purchased to operate an alternate fuel
10 vehicle that runs on domestic renewable fuel. The fuel cost
11 differential shall be based on a 3-year life cycle cost
12 analysis developed by the Agency by rulemaking. The rebate
13 shall apply to and be payable during a consecutive 3-year
14 period commencing on the date the application is approved by
15 the Agency. Approved fuel cost differential rebates may be
16 applied for during calendar years 1995, 1996, 1997, and 1998,
17 1999, 2000, and 2001 and approved rebates shall be 80% of the
18 cost differential for a consecutive 3-year period.
19 Twenty-five percent of the amount appropriated under Section
20 40 to be used to fund the programs authorized by this Section
21 during calendar year 1998 1995 shall be designated to fund
22 fuel cost differential rebates. If the total dollar amount
23 of approved fuel cost differential rebate applications as of
24 October 1, 1998 1995 is less than the amount designated for
25 that calendar year, the balance of designated funds shall be
26 immediately available to fund any rebate authorized by this
27 Section and approved in the calendar year. An applicant may
28 include on an application submitted in 1997 1995 all amounts
29 spent within that calendar year on fuel cost differential,
30 even if the expenditure occurred before the promulgation of
31 the Agency rules. Twenty-five percent of the amount
32 appropriated under Section 40 to be used to fund the programs
33 authorized by this Section during calendar year 1999 1996
34 shall be designated to fund fuel cost differential rebates.
SB1840 Engrossed -7- LRB9011607LDdv
1 If the total dollar amount of approved fuel cost differential
2 rebate applications as of July 1, 1999 1996 is less than the
3 amount designated for that calendar year, the balance of
4 designated funds shall be immediately available to fund any
5 rebate authorized by this Section and approved in the
6 calendar year.
7 Twenty-five percent of the amount appropriated under
8 Section 40 to be used to fund programs authorized by this
9 Section during calendar year 2000 1997 shall be designated to
10 fund fuel cost differential rebates. If the total dollar
11 amount of approved fuel cost differential rebate applications
12 as of July 1, 2000 1997 is less than the amount designated
13 for that calendar year, the balance of designated funds shall
14 be immediately available to fund any rebate authorized by
15 this Section and approved in the calendar year. Twenty-five
16 percent of the amount that is appropriated under Section 40
17 to be used to fund programs authorized by this Section during
18 calendar year 2001 1998 shall be designated to fund fuel cost
19 differential rebates. If the total dollar amount of approved
20 fuel cost differential rebate applications as of July 1, 2001
21 1998 is less than the amount designated for that calendar
22 year, the balance of designated funds shall be immediately
23 available to fund any rebate authorized by this Section and
24 approved in the calendar year. An approved fuel cost
25 differential rebate shall be paid to an owner in 3 annual
26 installments on or about the anniversary date of the approval
27 of the application. Owners receiving a fuel cost
28 differential rebate shall be required to demonstrate, through
29 recordkeeping, the use of domestic renewable fuels during the
30 3-year period commencing on the date the application is
31 approved by the Agency. If the alternate fuel vehicle ceases
32 to be registered to the original applicant owner, a prorated
33 installment shall be paid to that owner or the owner's
34 designee and the remainder of the rebate shall be canceled.
SB1840 Engrossed -8- LRB9011607LDdv
1 (d) Vehicles owned by the federal government or vehicles
2 registered in a state outside Illinois are not eligible for
3 rebates.
4 (Source: P.A. 89-410.)
5 (415 ILCS 120/35)
6 Sec. 35. User Fees.
7 (a) During fiscal years 1996, 1997, 1998 and 1999, 2000,
8 2001, and 2002 the Office of the Secretary of State shall
9 collect annual user fees from any individual, partnership,
10 association, corporation, or agency of the United States
11 government that registers or primarily operates any
12 combination of 10 or more of the following types of motor
13 vehicles in the Covered Area: (1) Vehicles of the First
14 Division, as defined in the Illinois Vehicle Code; (2)
15 Vehicles of the Second Division registered under belonging to
16 the B, D, F, H, MD, MF, MG, MH and MJ plate categories
17 classes, as defined in the Illinois Vehicle Code; and (3)
18 Commuter vans and livery vehicles as defined in the Illinois
19 Vehicle Code. This Section does not apply to vehicles
20 registered under the International Registration Plan under
21 Section 3-402.1 of the Illinois Vehicle Code. The user fee
22 shall be $20 for each vehicle registered or primarily used in
23 the Covered Area for each fiscal year. The Office of the
24 Secretary of State shall collect the $20 when a vehicle's
25 registration fee is paid.
26 (b) Owners of State, county, and local government
27 vehicles, rental vehicles, antique vehicles, electric
28 vehicles, and motorcycles are exempt from paying the user
29 fees on such vehicles.
30 (c) The Office of the Secretary of State shall deposit
31 the user fees collected into the Alternate Fuels Fund.
32 (Source: P.A. 89-410.)
SB1840 Engrossed -9- LRB9011607LDdv
1 (415 ILCS 120/40)
2 Sec. 40. Appropriations from the Alternate Fuels Fund.
3 The Agency shall estimate the amount of user fees expected to
4 be collected for fiscal years 1996, 1997, 1998, and 1999,
5 2000, 2001, and 2002. Moneys shall be deposited into and
6 distributed from the Alternate Fuels Fund in the following
7 manner:
8 (1) In each of fiscal years 1999, 2000, 2001, and 2002
9 year 1996 an amount not to exceed $200,000 may be
10 appropriated to the Agency from the Alternate Fuels Fund to
11 pay its costs of administering the programs authorized by
12 this Act. Up to $200,000 may be appropriated to the Office of
13 the Secretary of State in each of fiscal years 1999, 2000,
14 2001, and 2002 from the Alternate Fuels Fund to pay the
15 Secretary of State's costs of administering the programs
16 authorized under this Act. This amount may be accessed during
17 fiscal years 1996 through 1999.
18 (2) In fiscal year 1999 1996, after appropriation of the
19 amounts authorized by paragraph (1), the remaining moneys
20 estimated to be collected during fiscal year 1999 1996 shall
21 be appropriated as follows: 80% of each such remaining
22 moneys shall be appropriated to fund the programs authorized
23 in Section 30 and 20% shall be appropriated to fund the
24 programs authorized in Section 25.
25 (3) In fiscal years 2000, 2001, and 2002, after
26 appropriation of the amounts authorized by paragraph (1), the
27 remaining 1997, 1998, and 1999 the estimated amount of user
28 fees expected to be collected shall be appropriated as
29 follows: 80% of such estimated moneys shall be appropriated
30 to fund the programs authorized in Section 30 and 20% shall
31 be appropriated to fund the programs authorized in Section
32 25.
33 (4) Moneys appropriated to fund the programs authorized
34 in Sections 25 and 30 shall be expended only after they have
SB1840 Engrossed -10- LRB9011607LDdv
1 been collected and deposited into the Alternate Fuels Fund.
2 (Source: P.A. 89-410.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.