[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ Re-enrolled ] |
| [ Governor's Message ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
92_HB0002eng HB0002 Engrossed LRB9201200LBgc 1 AN ACT in relation to alternate fuels. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 10. The Alternate Fuels Act is amended by 5 changing Sections 10, 25, 30, 35, 40, and 45 and adding 6 Sections 21, 31, and 32 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 E85 blend fuel, fuel composed of a minimum 80% ethanol, 12 bio-based methanol, fuels that are at least 70% derived from 13 biomass, or electricity. 14 "Alternate fuel vehicle" means any vehicle that is 15 operated in Illinois and is capable of using an alternate 16 fuel. 17 "Conventional", when used to modify the word "vehicle", 18 "engine", or "fuel", means gasoline or diesel or any 19 reformulations of those fuels. 20 "Covered Area" means the counties of Cook, DuPage, Kane, 21 Lake, McHenry, and Will and those portions of Grundy County 22 and Kendall County that are included in the following ZIP 23 code areas, as designated by the U.S. Postal Service on the 24 effective date of this amendatory Act of 1998: 60416, 60444, 25 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 "E85 blend fuel" means fuel that contains 85% ethanol and HB0002 Engrossed -2- LRB9201200LBgc 1 15% gasoline. 2 "GVWR" means Gross Vehicle Weight Rating. 3 "Location" means (i) a parcel of real property or (ii) 4 multiple, contiguous parcels of real property that are 5 separated by private roadways, public roadways, or private or 6 public rights-of-way and are owned, operated, leased, or 7 under common control of one party. 8 "Original equipment manufacturer" or "OEM" means a 9 manufacturer of alternate fuel vehicles or a manufacturer or 10 remanufacturer of alternate fuel engines used in vehicles 11 greater than 8500 pounds GVWR. 12 "Rental vehicle" means any motor vehicle that is owned or 13 controlled primarily for the purpose of short-term leasing or 14 rental pursuant to a contract. 15 (Source: P.A. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98; 16 91-357, eff. 7-29-99.) 17 (415 ILCS 120/21 new) 18 Sec. 21. Alternate Fuel Infrastructure Advisory Board. 19 The Governor shall appoint an Alternate Fuel Infrastructure 20 Advisory Board. The Advisory Board shall be chaired by the 21 Director. Other members appointed by the Governor shall 22 consist of one representative from the ethanol industry, one 23 representative from the natural gas industry, one 24 representative from the auto manufacturing industry, one 25 representative from the liquid petroleum gas industry, one 26 representative from the Department of Commerce and Community 27 Affairs, one representative from the heavy duty engine 28 manufacturing industry, one representative from Illinois 29 private fleet operators, and one representative of local 30 government from the Chicago nonattainment area. 31 The Advisory Board shall (1) prepare and recommend to the 32 Agency rules implementing Section 31 of this Act; (2) 33 determine criteria and procedures to be followed in awarding HB0002 Engrossed -3- LRB9201200LBgc 1 grants and review applications for grants under the Alternate 2 Fuel Infrastructure Program; and (3) make recommendations to 3 the Agency as to the award of grants under the Alternate Fuel 4 Infrastructure Program. 5 Members of the Advisory Board shall not be reimbursed 6 their costs and expenses of participation. All decisions of 7 the Advisory Board shall be decided on a one vote per member 8 basis with a majority of the Advisory Board membership to 9 rule. 10 (415 ILCS 120/25) 11 Sec. 25. Ethanol fuel research program. The Department 12 of Commerce and Community Affairs shall administer a research 13 program to reduce the costs of producing ethanol fuels and 14 increase the viability of ethanol fuels, new ethanol engine 15 technologies, and ethanol refueling infrastructure. This 16 research shall be funded from the Alternate Fuels Fund. The 17 research program shall remain in effect until December 31, 18 20032002, or until funds are no longer available. 19 (Source: P.A. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98; 20 91-357, eff. 7-29-99.) 21 (415 ILCS 120/30) 22 Sec. 30. Rebate program. Beginning January 1, 1997, 23 each owner of an alternate fuel vehicle shall be eligible to 24 apply for a rebate. The Agency shall cause rebates to be 25 issued under the provisions of this Act. The Alternate Fuels 26 Advisory Board shall develop and recommend to the Agency 27 rules that provide incentives or other measures to ensure 28 that small fleet operators and owners participate in, and 29 benefit from, the rebate program. Such rules shall define 30 and identify small fleet operators and owners in the covered 31 area and make provisions for the establishment of criteria to 32 ensure that funds from the Alternate Fuels Fund specified in HB0002 Engrossed -4- LRB9201200LBgc 1 this Act are made readily available to these entities. The 2 Advisory Board shall, in the development of its rebate 3 application review criteria, make provisions for preference 4 to be given to applications proposing a partnership between 5 the fleet operator or owner and a fueling service station to 6 make alternate fuels available to the public. An owner may 7 apply for only one of 3 types of rebates with regard to an 8 individual alternate fuel vehicle: (i) a conversion cost 9 rebate, (ii) an OEM differential cost rebate, or (iii) a 10 fuel cost differential rebate. Only one rebate may be issued 11 with regard to a particular alternate fuel vehicle during the 12 life of that vehicle. A rebate shall not exceed $4,000 per 13 vehicle. Over the life of this rebate program, an owner of 14 an alternate fuel vehicle may not receive rebates for more 15 than 150 vehicles per location or for 300 vehicles in total. 16 (a) A conversion cost rebate may be issued to an owner 17 or his or her designee in order to reduce the cost of 18 converting of a conventional vehicle to an alternate fuel 19 vehicle. Conversion of a conventional vehicle to alternate 20 fuel capability must take place in Illinois for the owner to 21 be eligible for the conversion cost rebate. Amounts spent by 22 applicants within a calendar year may be claimed on a rebate 23 application submitted during that calendar year. Approved 24 conversion cost rebates applied for during calendar years 25 1997, 1998, 1999, 2000, 2001,and2002, 2003, and 2004 shall 26 be 80% of all approved conversion costs claimed and 27 documented. Approval of conversion cost rebates may continue 28 after calendar year 2004, if funds are still available. An 29 applicant may include on an application submitted in 1997 all 30 amounts spent within that calendar year on the conversion, 31 even if the expenditure occurred before promulgation of the 32 Agency rules. 33 (b) An OEM differential cost rebate may be issued to an 34 owner or his or her designee in order to reduce the cost HB0002 Engrossed -5- LRB9201200LBgc 1 differential between a conventional vehicle or engine and the 2 same vehicle or engine, produced by an original equipment 3 manufacturer, that has the capability to use alternate fuels. 4 A new OEM vehicle or engine must be purchased in Illinois 5 and must either be an alternate fuel vehicle or used in an 6 alternate fuel vehicle, respectively, for the owner to be 7 eligible for an OEM differential cost rebate. Amounts spent 8 by applicants within a calendar year may be claimed on a 9 rebate application submitted during that calendar year. 10 Approved OEM differential cost rebates applied for during 11 calendar years 1997, 1998, 1999, 2000, 2001,and2002, 2003, 12 and 2004 shall be 80% of all approved cost differential 13 claimed and documented. Approval of OEM differential cost 14 rebates may continue after calendar year 2004, if funds are 15 still available. An applicant may include on an application 16 submitted in 1997 all amounts spent within that calendar 17 year on OEM equipment, even if the expenditure occurred 18 before promulgation of the Agency rules. 19 (c) A fuel cost differential rebate may be issued to an 20 owner or his or her designee in order to reduce the cost 21 differential between conventional fuels and domestic 22 renewable fuels purchased to operate an alternate fuel 23 vehicle that runs on domestic renewable fuel. The fuel cost 24 differential shall be based on a 3-year life cycle cost 25 analysis developed by the Agency by rulemaking. The rebate 26 shall apply to and be payable during a consecutive 3-year 27 period commencing on the date the application is approved by 28 the Agency. Approved fuel cost differential rebates may be 29 applied for during calendar years 1997, 1998, 1999, 2000,and30 2001, and 2002 and approved rebates shall be 80% of the cost 31 differential for a consecutive 3-year period. Approval of 32 fuel cost differential rebates may continue after calendar 33 year 2002 if funds are still available. Twenty-five percent 34 of the amount appropriated under Section 40 to be used to HB0002 Engrossed -6- LRB9201200LBgc 1 fund the programs authorized by this Section during calendar 2 year 1998 shall be designated to fund fuel cost differential 3 rebates. If the total dollar amount of approved fuel cost 4 differential rebate applications as of October 1, 1998 is 5 less than the amount designated for that calendar year, the 6 balance of designated funds shall be immediately available to 7 fund any rebate authorized by this Section and approved in 8 the calendar year. An applicant may include on an 9 application submitted in 1997 all amounts spent within that 10 calendar year on fuel cost differential, even if the 11 expenditure occurred before the promulgation of the Agency 12 rules. 13 Twenty-five percent of the amount appropriated under 14 Section 40 to be used to fund the programs authorized by this 15 Section during calendar year 1999 shall be designated to fund 16 fuel cost differential rebates. If the total dollar amount 17 of approved fuel cost differential rebate applications as of 18 July 1, 1999 is less than the amount designated for that 19 calendar year, the balance of designated funds shall be 20 immediately available to fund any rebate authorized by this 21 Section and approved in the calendar year. 22 Twenty-five percent of the amount appropriated under 23 Section 40 to be used to fund programs authorized by this 24 Section during calendar year 2000 shall be designated to fund 25 fuel cost differential rebates. If the total dollar amount 26 of approved fuel cost differential rebate applications as of 27 July 1, 2000 is less than the amount designated for that 28 calendar year, the balance of designated funds shall be 29 immediately available to fund any rebate authorized by this 30 Section and approved in the calendar year. 31 Twenty-five percent of the amount that is appropriated 32 under Section 40 to be used to fund programs authorized by 33 this Section during calendar year 2001 shall be designated to 34 fund fuel cost differential rebates. If the total dollar HB0002 Engrossed -7- LRB9201200LBgc 1 amount of approved fuel cost differential rebate applications 2 as of July 1, 2001 is less than the amount designated for 3 that calendar year, the balance of designated funds shall be 4 immediately available to fund any rebate authorized by this 5 Section and approved in the calendar year. 6 An approved fuel cost differential rebate shall be paid 7 to an owner in 3 annual installments on or about the 8 anniversary date of the approval of the application. Owners 9 receiving a fuel cost differential rebate shall be required 10 to demonstrate, through recordkeeping, the use of domestic 11 renewable fuels during the 3-year period commencing on the 12 date the application is approved by the Agency. If the 13 alternate fuel vehicle ceases to be registered to the 14 original applicant owner, a prorated installment shall be 15 paid to that owner or the owner's designee and the remainder 16 of the rebate shall be canceled. 17 (d) Vehicles owned by the federal government or vehicles 18 registered in a state outside Illinois are not eligible for 19 rebates. 20 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 21 (415 ILCS 120/31 new) 22 Sec. 31. Alternate Fuel Infrastructure Program. The 23 Environmental Protection Agency shall establish a grant 24 program to provide funding for the building of E85 blend, 25 propane, and compressed natural gas (CNG) fueling facilities, 26 including private on-site fueling facilities, to be built 27 within the covered area or in Illinois metropolitan areas 28 over 100,000 in population. The Agency shall be responsible 29 for reviewing the proposals and awarding the grants. Under 30 the grant program, applicants may apply for up to 80% of the 31 total cost of the project. At least 20% of the total cost 32 of the project must be provided by the applicant in cash or 33 material. HB0002 Engrossed -8- LRB9201200LBgc 1 (415 ILCS 120/32 new) 2 Sec. 32. Clean Fuel Education Program. The 3 Environmental Protection Agency, in cooperation with the 4 Department of Commerce and Community Affairs and Chicago Area 5 Clean Cities, shall administer the Clean Fuel Education 6 Program, the purpose of which is to educate fleet 7 administrators and Illinois' citizens about the benefits of 8 using alternate fuels. The program shall include a media 9 campaign. 10 (415 ILCS 120/35) 11 Sec. 35. User fees. 12 (a) During fiscal years 1999, 2000, and 2001,and 200213 the Office of the Secretary of State shall collect annual 14 user fees from any individual, partnership, association, 15 corporation, or agency of the United States government that 16 registers any combination of 10 or more of the following 17 types of motor vehicles in the Covered Area: (1) Vehicles 18 of the First Division, as defined in the Illinois Vehicle 19 Code; (2) Vehicles of the Second Division registered under 20 the B, D, F, H, MD, MF, MG, MH and MJ plate categories, as 21 defined in the Illinois Vehicle Code; and (3) Commuter vans 22 and livery vehicles as defined in the Illinois Vehicle Code. 23 This Section does not apply to vehicles registered under the 24 International Registration Plan under Section 3-402.1 of the 25 Illinois Vehicle Code. The user fee shall be $20 for each 26 vehicle registered in the Covered Area for each fiscal year. 27 The Office of the Secretary of State shall collect the $20 28 when a vehicle's registration fee is paid. 29 (b) Owners of State, county, and local government 30 vehicles, rental vehicles, antique vehicles, electric 31 vehicles, and motorcycles are exempt from paying the user 32 fees on such vehicles. 33 (c) The Office of the Secretary of State shall deposit HB0002 Engrossed -9- LRB9201200LBgc 1 the user fees collected into the Alternate Fuels Fund. 2 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 3 (415 ILCS 120/40) 4 Sec. 40. Appropriations from the Alternate Fuels Fund. 5 The Agency shall estimate the amount of user fees expected to 6 be collected for fiscal years 1999, 2000, and 2001, and 2002. 7 Moneys shall be deposited into and distributed from the 8 Alternate Fuels Fund in the following manner: 9 (1) In each of fiscal years 1999, 2000, 2001,and2002, 10 2003, and 2004 an amount not to exceed $200,000 may be 11 appropriated to the Agency from the Alternate Fuels Fund to 12 pay its costs of administering the programs authorized by 13 this Act. Additional appropriations to the Agency from the 14 Alternate Fuels Fund to pay its costs of administering the 15 programs authorized by this Act may be made in fiscal years 16 following 2004, not to exceed the amount of $200,000 in any 17 fiscal year, if funds are still available and program costs 18 are still being incurred. Up to $200,000 may be appropriated 19 to the Office of the Secretary of State in each of fiscal 20 years 1999, 2000, and 2001, and 2002from the Alternate Fuels 21 Fund to pay the Secretary of State's costs of administering 22 the programs authorized under this Act. 23 (2) In fiscal year 1999, after appropriation of the 24 amounts authorized by paragraph (1), the remaining moneys 25 estimated to be collected during fiscal year 1999 shall be 26 appropriated as follows: 80% of each such remaining moneys 27 shall be appropriated to fund the programs authorized in 28 Section 30 and 20% shall be appropriated to fund the programs 29 authorized in Section 25. 30 (2.5) Beginning in fiscal year 2002, moneys from the 31 Fund may be used, subject to appropriation, for the purposes 32 of implementing Sections 31 and 32 of this Act, including 33 necessary administrative costs. HB0002 Engrossed -10- LRB9201200LBgc 1 (3) In fiscal years 2000, 2001,and2002, 2003, and 2004 2 after appropriation of the amounts authorized by paragraphs 3paragraph(1) and (2.5), theremainingestimated amount of 4 moneys remaining in the Funduser fees expected to be5collectedshall be appropriated as follows: 80% of such 6 estimated moneys shall be appropriated to fund the programs 7 authorized in Section 30 and 20% shall be appropriated to 8 fund the programs authorized in Section 25. 9 (4) Moneys appropriated to fund the programs authorized 10 in Sections 25 and 30 shall be expended only after they have 11 beencollected anddeposited into the Alternate Fuels Fund. 12 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 13 (415 ILCS 120/45) 14 Sec. 45. Alternate Fuels Fund; creation; deposit of user 15 fees. A separate fund in the State Treasury called the 16 Alternate Fuels Fund is created, into which shall be 17 transferred the user fees as provided in Section 35 and any 18 other revenues, deposits, State appropriations, 19 contributions, grants, gifts, bequests, legacies of money and 20 securities, or transfers as provided by law from, without 21 limitation, governmental entities, private sources, 22 foundations, trade associations, industry organizations, and 23 not-for-profit organizations. 24 (Source: P.A. 89-410.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.