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92_HB0002enr HB0002 Enrolled 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 5. 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 Enrolled -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 of the Department of Commerce and Community Affairs, 22 who may be represented at all meetings by a designee. Other 23 members appointed by the Governor shall consist of one 24 representative from the ethanol industry, one representative 25 from the natural gas industry, one representative from the 26 auto manufacturing industry, one representative from the 27 liquid petroleum gas industry, one representative from the 28 Agency, one representative from the heavy duty engine 29 manufacturing industry, one representative from Illinois 30 private fleet operators, and one representative of local 31 government from the Chicago nonattainment area. 32 The Advisory Board shall (1) prepare and recommend to the 33 Department of Commerce and Community Affairs a program HB0002 Enrolled -3- LRB9201200LBgc 1 implementing Section 31 of this Act; (2) determine criteria 2 and procedures to be followed in awarding grants and review 3 applications for grants under the Alternate Fuel 4 Infrastructure Program; and (3) make recommendations to the 5 Department of Commerce and Community Affairs as to the award 6 of grants under the Alternate Fuel Infrastructure Program. 7 Members of the Advisory Board shall not be reimbursed 8 their costs and expenses of participation. All decisions of 9 the Advisory Board shall be decided on a one vote per member 10 basis with a majority of the Advisory Board membership to 11 rule. 12 (415 ILCS 120/25) 13 Sec. 25. Ethanol fuel research program. The Department 14 of Commerce and Community Affairs shall administer a research 15 program to reduce the costs of producing ethanol fuels and 16 increase the viability of ethanol fuels, new ethanol engine 17 technologies, and ethanol refueling infrastructure. This 18 research shall be funded from the Alternate Fuels Fund. The 19 research program shall remain in effect until December 31, 20 20042002, or until funds are no longer available. 21 (Source: P.A. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98; 22 91-357, eff. 7-29-99.) 23 (415 ILCS 120/30) 24 Sec. 30. Rebate program. Beginning January 1, 1997, 25 each owner of an alternate fuel vehicle shall be eligible to 26 apply for a rebate. The Agency shall cause rebates to be 27 issued under the provisions of this Act. The Alternate Fuels 28 Advisory Board shall develop and recommend to the Agency 29 rules that provide incentives or other measures to ensure 30 that small fleet operators and owners participate in, and 31 benefit from, the rebate program. Such rules shall define 32 and identify small fleet operators and owners in the covered HB0002 Enrolled -4- LRB9201200LBgc 1 area and make provisions for the establishment of criteria to 2 ensure that funds from the Alternate Fuels Fund specified in 3 this Act are made readily available to these entities. The 4 Advisory Board shall, in the development of its rebate 5 application review criteria, make provisions for preference 6 to be given to applications proposing a partnership between 7 the fleet operator or owner and a fueling service station to 8 make alternate fuels available to the public. An owner may 9 apply for only one of 3 types of rebates with regard to an 10 individual alternate fuel vehicle: (i) a conversion cost 11 rebate, (ii) an OEM differential cost rebate, or (iii) a 12 fuel cost differential rebate. Only one rebate may be issued 13 with regard to a particular alternate fuel vehicle during the 14 life of that vehicle. A rebate shall not exceed $4,000 per 15 vehicle. Over the life of this rebate program, an owner of 16 an alternate fuel vehicle may not receive rebates for more 17 than 150 vehicles per location or for 300 vehicles in total. 18 (a) A conversion cost rebate may be issued to an owner 19 or his or her designee in order to reduce the cost of 20 converting of a conventional vehicle to an alternate fuel 21 vehicle. Conversion of a conventional vehicle to alternate 22 fuel capability must take place in Illinois for the owner to 23 be eligible for the conversion cost rebate. Amounts spent by 24 applicants within a calendar year may be claimed on a rebate 25 application submitted during that calendar year. Approved 26 conversion cost rebates applied for during calendar years 27 1997, 1998, 1999, 2000, 2001,and2002, 2003, and 2004 shall 28 be 80% of all approved conversion costs claimed and 29 documented. Approval of conversion cost rebates may continue 30 after calendar year 2004, if funds are still available. An 31 applicant may include on an application submitted in 1997 all 32 amounts spent within that calendar year on the conversion, 33 even if the expenditure occurred before promulgation of the 34 Agency rules. HB0002 Enrolled -5- LRB9201200LBgc 1 (b) An OEM differential cost rebate may be issued to an 2 owner or his or her designee in order to reduce the cost 3 differential between a conventional vehicle or engine and the 4 same vehicle or engine, produced by an original equipment 5 manufacturer, that has the capability to use alternate fuels. 6 A new OEM vehicle or engine must be purchased in Illinois 7 and must either be an alternate fuel vehicle or used in an 8 alternate fuel vehicle, respectively, for the owner to be 9 eligible for an OEM differential cost rebate. Amounts spent 10 by applicants within a calendar year may be claimed on a 11 rebate application submitted during that calendar year. 12 Approved OEM differential cost rebates applied for during 13 calendar years 1997, 1998, 1999, 2000, 2001,and2002, 2003, 14 and 2004 shall be 80% of all approved cost differential 15 claimed and documented. Approval of OEM differential cost 16 rebates may continue after calendar year 2004, if funds are 17 still available. An applicant may include on an application 18 submitted in 1997 all amounts spent within that calendar 19 year on OEM equipment, even if the expenditure occurred 20 before promulgation of the Agency rules. 21 (c) A fuel cost differential rebate may be issued to an 22 owner or his or her designee in order to reduce the cost 23 differential between conventional fuels and domestic 24 renewable fuels purchased to operate an alternate fuel 25 vehicle that runs on domestic renewable fuel. The fuel cost 26 differential shall be based on a 3-year life cycle cost 27 analysis developed by the Agency by rulemaking. The rebate 28 shall apply to and be payable during a consecutive 3-year 29 period commencing on the date the application is approved by 30 the Agency. Approved fuel cost differential rebates may be 31 applied for during calendar years 1997, 1998, 1999, 2000,and32 2001, and 2002 and approved rebates shall be 80% of the cost 33 differential for a consecutive 3-year period. Approval of 34 fuel cost differential rebates may continue after calendar HB0002 Enrolled -6- LRB9201200LBgc 1 year 2002 if funds are still available. Twenty-five percent 2 of the amount appropriated under Section 40 to be used to 3 fund the programs authorized by this Section during calendar 4 year 1998 shall be designated to fund fuel cost differential 5 rebates. If the total dollar amount of approved fuel cost 6 differential rebate applications as of October 1, 1998 is 7 less than the amount designated for that calendar year, the 8 balance of designated funds shall be immediately available to 9 fund any rebate authorized by this Section and approved in 10 the calendar year. An applicant may include on an 11 application submitted in 1997 all amounts spent within that 12 calendar year on fuel cost differential, even if the 13 expenditure occurred before the promulgation of the Agency 14 rules. 15 Twenty-five percent of the amount appropriated under 16 Section 40 to be used to fund the programs authorized by this 17 Section during calendar year 1999 shall be designated to fund 18 fuel cost differential rebates. If the total dollar amount 19 of approved fuel cost differential rebate applications as of 20 July 1, 1999 is less than the amount designated for that 21 calendar year, the balance of designated funds shall be 22 immediately available to fund any rebate authorized by this 23 Section and approved in the calendar year. 24 Twenty-five percent of the amount appropriated under 25 Section 40 to be used to fund programs authorized by this 26 Section during calendar year 2000 shall be designated to fund 27 fuel cost differential rebates. If the total dollar amount 28 of approved fuel cost differential rebate applications as of 29 July 1, 2000 is less than the amount designated for that 30 calendar year, the balance of designated funds shall be 31 immediately available to fund any rebate authorized by this 32 Section and approved in the calendar year. 33 Twenty-five percent of the amount that is appropriated 34 under Section 40 to be used to fund programs authorized by HB0002 Enrolled -7- LRB9201200LBgc 1 this Section during calendar year 2001 shall be designated to 2 fund fuel cost differential rebates. If the total dollar 3 amount of approved fuel cost differential rebate applications 4 as of July 1, 2001 is less than the amount designated for 5 that calendar year, the balance of designated funds shall be 6 immediately available to fund any rebate authorized by this 7 Section and approved in the calendar year. 8 An approved fuel cost differential rebate shall be paid 9 to an owner in 3 annual installments on or about the 10 anniversary date of the approval of the application. Owners 11 receiving a fuel cost differential rebate shall be required 12 to demonstrate, through recordkeeping, the use of domestic 13 renewable fuels during the 3-year period commencing on the 14 date the application is approved by the Agency. If the 15 alternate fuel vehicle ceases to be registered to the 16 original applicant owner, a prorated installment shall be 17 paid to that owner or the owner's designee and the remainder 18 of the rebate shall be canceled. 19 (d) Vehicles owned by the federal government or vehicles 20 registered in a state outside Illinois are not eligible for 21 rebates. 22 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 23 (415 ILCS 120/31 new) 24 Sec. 31. Alternate Fuel Infrastructure Program. The 25 Department of Commerce and Community Affairs shall establish 26 a grant program to provide funding for the building of E85 27 blend, propane, and compressed natural gas (CNG) fueling 28 facilities, including private on-site fueling facilities, to 29 be built within the covered area or in Illinois metropolitan 30 areas over 100,000 in population. The Department of Commerce 31 and Community Affairs shall be responsible for reviewing the 32 proposals and awarding the grants. Under the grant program, 33 applicants may apply for up to 80% of the total cost of the HB0002 Enrolled -8- LRB9201200LBgc 1 project. At least 20% of the total cost of the project must 2 be provided by the applicant in cash or material. 3 (415 ILCS 120/32 new) 4 Sec. 32. Clean Fuel Education Program. The Department 5 of Commerce and Community Affairs, in cooperation with the 6 Agency and Chicago Area Clean Cities, shall administer the 7 Clean Fuel Education Program, the purpose of which is to 8 educate fleet administrators and Illinois' citizens about the 9 benefits of using alternate fuels. The program shall include 10 a media campaign. 11 (415 ILCS 120/35) 12 Sec. 35. User fees. 13 (a) During fiscal years 1999, 2000, and 2001,and 200214 the Office of the Secretary of State shall collect annual 15 user fees from any individual, partnership, association, 16 corporation, or agency of the United States government that 17 registers any combination of 10 or more of the following 18 types of motor vehicles in the Covered Area: (1) Vehicles 19 of the First Division, as defined in the Illinois Vehicle 20 Code; (2) Vehicles of the Second Division registered under 21 the B, D, F, H, MD, MF, MG, MH and MJ plate categories, as 22 defined in the Illinois Vehicle Code; and (3) Commuter vans 23 and livery vehicles as defined in the Illinois Vehicle Code. 24 This Section does not apply to vehicles registered under the 25 International Registration Plan under Section 3-402.1 of the 26 Illinois Vehicle Code. The user fee shall be $20 for each 27 vehicle registered in the Covered Area for each fiscal year. 28 The Office of the Secretary of State shall collect the $20 29 when a vehicle's registration fee is paid. 30 (b) Owners of State, county, and local government 31 vehicles, rental vehicles, antique vehicles, electric 32 vehicles, and motorcycles are exempt from paying the user HB0002 Enrolled -9- LRB9201200LBgc 1 fees on such vehicles. 2 (c) The Office of the Secretary of State shall deposit 3 the user fees collected into the Alternate Fuels Fund. 4 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 5 (415 ILCS 120/40) 6 Sec. 40. Appropriations from the Alternate Fuels Fund. 7 (a) User Fees Funds. The Agency shall estimate the 8 amount of user fees expected to be collected under Section 35 9 of this Act for fiscal years 1999, 2000, and 2001. User fee 10 funds shall be deposited into and distributed from the 11 Alternate Fuels Fund in the following manner: 12 (1) In each of fiscal years 1999, 2000, and 2001, 13 an amount not to exceed $200,000 may be appropriated to 14 the Agency from the Alternate Fuels Fund to pay its costs 15 of administering the programs authorized by Section 30 of 16 this Act. Up to $200,000 may be appropriated to the 17 Office of the Secretary of State in each of fiscal years 18 1999, 2000, and 2001 from the Alternate Fuels Fund to pay 19 the Secretary of State's costs of administering the 20 programs authorized under this Act. 21 (2) In fiscal years 1999, 2000, and 2001, after 22 appropriation of the amounts authorized by item (1) of 23 subsection (a) of this Section, the remaining moneys 24 estimated to be collected during each fiscal year shall 25 be appropriated as follows: 80% of the remaining moneys 26 shall be appropriated to fund the programs authorized by 27 Section 30, and 20% shall be appropriated to fund the 28 programs authorized by Section 25. 29 (3) Additional appropriations to the Agency from 30 the Alternate Fuels Fund to pay its costs of 31 administering the programs authorized by Section 30 of 32 this Act may be made in fiscal years following 2001, not 33 to exceed the amount of $200,000 in any fiscal year, if HB0002 Enrolled -10- LRB9201200LBgc 1 funds are still available and program costs are still 2 being incurred. 3 (4) Moneys appropriated to fund the programs 4 authorized in Sections 25 and 30 shall be expended only 5 after they have been collected and deposited into the 6 Alternate Fuels Fund. 7 (b) General Revenue Fund Appropriations. General Revenue 8 Fund amounts appropriated to and deposited into the Alternate 9 Fuels Fund shall be distributed from the Alternate Fuels Fund 10 in the following manner: 11 (1) In each of fiscal years 2002, 2003, and 2004, 12 an amount not to exceed $50,000 may be appropriated to 13 the Department of Commerce and Community Affairs from the 14 Alternate Fuels Fund to pay its costs of administering 15 the programs authorized by Sections 31 and 32. 16 (2) In each of fiscal years 2002, 2003, and 2004, 17 an amount not to exceed $50,000 may be appropriated to 18 the Department of Commerce and Community Affairs to fund 19 the programs authorized by Section 32. 20 (3) In each of fiscal years 2002, 2003, and 2004, 21 after appropriation of the amounts authorized in items 22 (1) and (2) of subsection (b) of this Section, the 23 remaining moneys received from the General Revenue Fund 24 shall be appropriated as follows: 52.632% of the 25 remaining moneys shall be appropriated to fund the 26 programs authorized by Sections 25 and 30 and 47.368% of 27 the remaining moneys shall be appropriated to fund the 28 programs authorized by Section 31. The moneys 29 appropriated to fund the programs authorized by Sections 30 25 and 30 shall be used as follows: 20% shall be used to 31 fund the programs authorized by Section 25, and 80% shall 32 be used to fund the programs authorized by Section 30. 33 Moneys appropriated to fund the programs authorized in 34 Section 31 shall be expended only after they have been HB0002 Enrolled -11- LRB9201200LBgc 1 deposited into the Alternate Fuels Fund. 2 (c) Other Funds. Other funds deposited into the 3 Alternate Fuels Fund, including but not limited to State 4 appropriations, contributions, grants, gifts, bequests, 5 legacies of money and securities, or transfers as provided by 6 law from, without limitation, governmental entities, private 7 sources, foundations, trade associations, industry 8 organizations, and not-for-profit organizations, shall be 9 distributed from the Alternate Fuels Fund in the following 10 manner: In each of fiscal years 2002, 2003, and 2004, 50% of 11 such funds shall be appropriated to fund the programs 12 authorized by Section 31, 10% of such funds shall be 13 appropriated to fund the programs authorized by Section 25, 14 and 40% of such funds shall be appropriated to fund the 15 programs authorized by Section 30. 16 (d) Blank.The Agency shall estimate the amount of17user fees expected to be collected for fiscal years 1999,182000, 2001, and 2002. Moneys shall be deposited into and19distributed from the Alternate Fuels Fund in the following20manner:21(1) In each of fiscal years 1999, 2000, 2001, 2002 an22amount not to exceed $200,000 may be appropriated to the23Agency from the Alternate Fuels Fund to pay its costs of24administering the programs authorized by this Act. Up to25$200,000 may be appropriated to the Office of the Secretary26of State in each of fiscal years 1999, 2000, 2001, and 200227from the Alternate Fuels Fund to pay the Secretary of State's28costs of administering the programs authorized under this29Act.30(2) In fiscal year 1999, after appropriation of the31amounts authorized by paragraph (1), the remaining moneys32estimated to be collected during fiscal year 1999 shall be33appropriated as follows: 80% of each such remaining moneys34shall be appropriated to fund the programs authorized inHB0002 Enrolled -12- LRB9201200LBgc 1Section 30 and 20% shall be appropriated to fund the programs2authorized in Section 25.3(3) In fiscal years 2000, 2001, and 2002, after4appropriation of the amounts authorized by paragraph (1), the5remaining estimated amount of user fees expected to be6collected shall be appropriated as follows: 80% of such7estimated moneys shall be appropriated to fund the programs8authorized in Section 30 and 20% shall be appropriated to9fund the programs authorized in Section 25.10(4) Moneys appropriated to fund the programs authorized11in Sections 25 and 30 shall be expended only after they have12been collected and deposited into the Alternate Fuels Fund.13 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 14 (415 ILCS 120/45) 15 Sec. 45. Alternate Fuels Fund; creation; deposit of user 16 fees. A separate fund in the State Treasury called the 17 Alternate Fuels Fund is created, into which shall be 18 transferred the user fees as provided in Section 35 and any 19 other revenues, deposits, State appropriations, 20 contributions, grants, gifts, bequests, legacies of money and 21 securities, or transfers as provided by law from, without 22 limitation, governmental entities, private sources, 23 foundations, trade associations, industry organizations, and 24 not-for-profit organizations. 25 (Source: P.A. 89-410.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.