Public Act 90-0726 of the 90th General Assembly
Public Act 90-0726
SB1840 Enrolled LRB9011607LDdv
AN ACT to amend the Alternate Fuels Act by changing
Sections 10, 15, 20, 25, 30, 35, and 40.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alternate Fuels Act is amended by
changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows:
(415 ILCS 120/10)
Sec. 10. Definitions. As used in this Act:
"Agency" means the Environmental Protection Agency.
"Alternate fuel" means liquid petroleum gas, natural gas,
fuel composed of a minimum 80% ethanol, bio-based methanol,
fuels derived from biomass, or electricity.
"Alternate fuel vehicle" means any vehicle that is
operated in Illinois and is capable of using an alternate
fuel.
"Conventional", when used to modify the word "vehicle",
"engine", or "fuel", means gasoline or diesel or any
reformulations of those fuels.
"Covered Area" means the counties of Cook, DuPage, Kane,
Lake, McHenry, and Will and those portions the townships of
AuxSable and Goose Lake in Grundy County and the township of
Oswego in Kendall County that are included in the following
ZIP code areas, as designated by the U.S. Postal Service on
the effective date of this amendatory Act of 1998: 60416,
60444, 60447, 60450, 60481, 60538, and 60543.
"Director" means the Director of the Environmental
Protection Agency.
"Domestic renewable fuel" means a fuel, produced in the
United States, composed of a minimum 80% ethanol, bio-based
methanol, and fuels derived from bio-mass.
"GVWR" means Gross Vehicle Weight Rating.
"Location" means (i) a parcel of real property or (ii)
multiple, contiguous parcels of real property that are
separated by private roadways, public roadways, or private
or public rights-of-way and are owned, operated, leased, or
under common control of one party.
"Original equipment manufacturer" or "OEM" means a
manufacturer of alternate fuel vehicles or a manufacturer or
remanufacturer of alternate fuel engines used in vehicles
greater than 8500 pounds GVWR.
"Rental vehicle" means any motor vehicle that is owned or
controlled primarily for the purpose of short-term leasing or
rental pursuant to a contract.
(Source: P.A. 89-410.)
(415 ILCS 120/15)
Sec. 15. Rulemaking. Within 90 days after the
effective date of this Act, The Agency shall promulgate rules
and dedicate sufficient resources to implement the purposes
of Section Sections 25 and 30 of this Act. Such rules shall
be consistent with the provisions of the Clean Air Act
Amendments of 1990 and any regulations promulgated pursuant
thereto. The Secretary of State may promulgate rules to
implement Section 35 of this Act. The Department of Commerce
and Community Affairs may promulgate rules to implement
Section 25 of this Act.
(Source: P.A. 89-410.)
(415 ILCS 120/20)
Sec. 20. Alternate Fuels Advisory Board. Within 60
days after the effective date of this Act, The Governor shall
appoint an Alternate Fuels Advisory Board representing all
alternate fuels industries designated in this Act and
Illinois private fleet operators. The Advisory Board shall
be chaired by the Director. Other members appointed by the
Governor shall consist of 2 representatives each from the
ethanol and natural gas industries, one representative from
the liquid petroleum industry, one representative from the
electric industry, one representative from the heavy duty
engine manufacturing industry, and one representative from
Illinois private fleet operators. The Advisory Board shall
prepare and recommend to the Agency rules implementing
Section Sections 25 and 30 of this Act, including, but not
limited to, calculation of fuel cost differential rebates
and designation of acceptable conversion and OEM
technologies.
Members of the Advisory Board shall not be reimbursed
their costs and expenses of participation. All decisions of
the Advisory Board shall be decided on a one vote per member
basis with a majority of the Advisory Board membership to
rule.
In designating acceptable conversion or OEM technologies,
the Advisory Board and Agency shall favor, when available,
technology that is in compliance with the federal Clean Air
Act Amendments of 1990 and applicable implementing federal
regulations. Conversion and OEM technologies that
demonstrate emission reduction capabilities that meet or
exceed emission standards applicable for the vehicle's model
year and weight class shall be acceptable. Standards
requiring proper installation of approved conversion
technologies shall be included in the recommended rules.
Notwithstanding the above, engines used in alternate fuel
vehicles greater than 8500 pounds GVWR, whether new or
remanufactured, shall meet the appropriate United States
Environmental Protection Agency emissions standards at the
time of manufacture, and if converted, shall meet the
standards in effect at the time of conversion.
(Source: P.A. 89-410.)
(415 ILCS 120/25)
Sec. 25. Ethanol fuel research program. The Department
of Commerce and Community Affairs Agency shall administer
initiate a research program to reduce the costs of producing
ethanol fuels and increase the viability of ethanol fuels,
new ethanol engine technologies, and ethanol refueling
systems. This research shall be funded from the Alternate
Fuels Fund. The research program shall remain in effect
until December 31, 2002 1999, or until funds are no longer
available.
(Source: P.A. 89-410.)
(415 ILCS 120/30)
Sec. 30. Rebate program. Beginning January 1, 1997
Ninety days after the effective date of this Act, each owner
of an alternate fuel vehicle shall be eligible to apply for a
rebate. The Agency shall cause rebates to be issued under
the provisions of this Act. The Alternate Fuels Advisory
Board shall develop and recommend to the Agency rules that
provide incentives or other measures to ensure that small
fleet operators and owners participate in, and benefit from,
the rebate program. Such rules shall define and identify
small fleet operators and owners in the covered area and make
provisions for the establishment of criteria to ensure that
funds from the Alternate Fuels Fund specified in this Act are
made readily available to these entities. The Advisory Board
shall, in the development of its rebate application review
criteria, make provisions for preference to be given to
applications proposing a partnership between the fleet
operator or owner and a fueling service station to make
alternate fuels available to the public. An owner may apply
for only one of 3 types of rebates with regard to an
individual alternate fuel vehicle: (i) a conversion cost
rebate, (ii) an OEM differential cost rebate, or (iii) a
fuel cost differential rebate. Only one rebate may be issued
with regard to a particular alternate fuel vehicle during the
life of that vehicle. A rebate shall not exceed $4,000 per
vehicle. Over the life of this rebate program, an owner of
an alternate fuel vehicle may not receive rebates for more
than 150 vehicles per location or for 300 vehicles in total.
(a) A conversion cost rebate may be issued to an owner
or his or her designee in order to reduce the cost of
converting of a conventional vehicle to an alternate fuel
vehicle. Conversion of a conventional vehicle to alternate
fuel capability must take place in Illinois for the owner to
be eligible for the conversion cost rebate. Amounts spent by
applicants within a calendar year may be claimed on a rebate
application submitted during that calendar year. Approved
conversion cost rebates applied for during calendar years
1995, 1996, 1997, and 1998, 1999, 2000, 2001, and 2002 shall
be 80% of all approved conversion costs claimed and
documented. An applicant may include on an application
submitted in 1997 1995 all amounts spent within that calendar
year on the conversion, even if the expenditure occurred
before promulgation of the Agency rules.
(b) An OEM differential cost rebate may be issued to an
owner or his or her designee in order to reduce the cost
differential between a conventional vehicle or engine and the
same vehicle or engine, produced by an original equipment
manufacturer, that has the capability to use alternate fuels.
A new OEM vehicle or engine must be purchased in Illinois
and must either be an alternate fuel vehicle or used in an
alternate fuel vehicle, respectively, for the owner to be
eligible for an OEM differential cost rebate. Amounts spent
by applicants within a calendar year may be claimed on a
rebate application submitted during that calendar year.
Approved OEM differential cost rebates applied for during
calendar years 1995, 1996, 1997, and 1998, 1999, 2000, 2001,
and 2002 shall be 80% of all approved cost differential
claimed and documented. An applicant may include on an
application submitted in 1997 1995 all amounts spent within
that calendar year on OEM equipment, even if the expenditure
occurred before promulgation of the Agency rules.
(c) A fuel cost differential rebate may be issued to an
owner or his or her designee in order to reduce the cost
differential between conventional fuels and domestic
renewable fuels purchased to operate an alternate fuel
vehicle that runs on domestic renewable fuel. The fuel cost
differential shall be based on a 3-year life cycle cost
analysis developed by the Agency by rulemaking. The rebate
shall apply to and be payable during a consecutive 3-year
period commencing on the date the application is approved by
the Agency. Approved fuel cost differential rebates may be
applied for during calendar years 1995, 1996, 1997, and 1998,
1999, 2000, and 2001 and approved rebates shall be 80% of the
cost differential for a consecutive 3-year period.
Twenty-five percent of the amount appropriated under Section
40 to be used to fund the programs authorized by this Section
during calendar year 1998 1995 shall be designated to fund
fuel cost differential rebates. If the total dollar amount
of approved fuel cost differential rebate applications as of
October 1, 1998 1995 is less than the amount designated for
that calendar year, the balance of designated funds shall be
immediately available to fund any rebate authorized by this
Section and approved in the calendar year. An applicant may
include on an application submitted in 1997 1995 all amounts
spent within that calendar year on fuel cost differential,
even if the expenditure occurred before the promulgation of
the Agency rules. Twenty-five percent of the amount
appropriated under Section 40 to be used to fund the programs
authorized by this Section during calendar year 1999 1996
shall be designated to fund fuel cost differential rebates.
If the total dollar amount of approved fuel cost differential
rebate applications as of July 1, 1999 1996 is less than the
amount designated for that calendar year, the balance of
designated funds shall be immediately available to fund any
rebate authorized by this Section and approved in the
calendar year.
Twenty-five percent of the amount appropriated under
Section 40 to be used to fund programs authorized by this
Section during calendar year 2000 1997 shall be designated to
fund fuel cost differential rebates. If the total dollar
amount of approved fuel cost differential rebate applications
as of July 1, 2000 1997 is less than the amount designated
for that calendar year, the balance of designated funds shall
be immediately available to fund any rebate authorized by
this Section and approved in the calendar year. Twenty-five
percent of the amount that is appropriated under Section 40
to be used to fund programs authorized by this Section during
calendar year 2001 1998 shall be designated to fund fuel cost
differential rebates. If the total dollar amount of approved
fuel cost differential rebate applications as of July 1, 2001
1998 is less than the amount designated for that calendar
year, the balance of designated funds shall be immediately
available to fund any rebate authorized by this Section and
approved in the calendar year. An approved fuel cost
differential rebate shall be paid to an owner in 3 annual
installments on or about the anniversary date of the approval
of the application. Owners receiving a fuel cost
differential rebate shall be required to demonstrate, through
recordkeeping, the use of domestic renewable fuels during the
3-year period commencing on the date the application is
approved by the Agency. If the alternate fuel vehicle ceases
to be registered to the original applicant owner, a prorated
installment shall be paid to that owner or the owner's
designee and the remainder of the rebate shall be canceled.
(d) Vehicles owned by the federal government or vehicles
registered in a state outside Illinois are not eligible for
rebates.
(Source: P.A. 89-410.)
(415 ILCS 120/35)
Sec. 35. User Fees.
(a) During fiscal years 1996, 1997, 1998 and 1999, 2000,
2001, and 2002 the Office of the Secretary of State shall
collect annual user fees from any individual, partnership,
association, corporation, or agency of the United States
government that registers or primarily operates any
combination of 10 or more of the following types of motor
vehicles in the Covered Area: (1) Vehicles of the First
Division, as defined in the Illinois Vehicle Code; (2)
Vehicles of the Second Division registered under belonging to
the B, D, F, H, MD, MF, MG, MH and MJ plate categories
classes, as defined in the Illinois Vehicle Code; and (3)
Commuter vans and livery vehicles as defined in the Illinois
Vehicle Code. This Section does not apply to vehicles
registered under the International Registration Plan under
Section 3-402.1 of the Illinois Vehicle Code. The user fee
shall be $20 for each vehicle registered or primarily used in
the Covered Area for each fiscal year. The Office of the
Secretary of State shall collect the $20 when a vehicle's
registration fee is paid.
(b) Owners of State, county, and local government
vehicles, rental vehicles, antique vehicles, electric
vehicles, and motorcycles are exempt from paying the user
fees on such vehicles.
(c) The Office of the Secretary of State shall deposit
the user fees collected into the Alternate Fuels Fund.
(Source: P.A. 89-410.)
(415 ILCS 120/40)
Sec. 40. Appropriations from the Alternate Fuels Fund.
The Agency shall estimate the amount of user fees expected to
be collected for fiscal years 1996, 1997, 1998, and 1999,
2000, 2001, and 2002. Moneys shall be deposited into and
distributed from the Alternate Fuels Fund in the following
manner:
(1) In each of fiscal years 1999, 2000, 2001, and 2002
year 1996 an amount not to exceed $200,000 may be
appropriated to the Agency from the Alternate Fuels Fund to
pay its costs of administering the programs authorized by
this Act. Up to $200,000 may be appropriated to the Office of
the Secretary of State in each of fiscal years 1999, 2000,
2001, and 2002 from the Alternate Fuels Fund to pay the
Secretary of State's costs of administering the programs
authorized under this Act. This amount may be accessed during
fiscal years 1996 through 1999.
(2) In fiscal year 1999 1996, after appropriation of the
amounts authorized by paragraph (1), the remaining moneys
estimated to be collected during fiscal year 1999 1996 shall
be appropriated as follows: 80% of each such remaining
moneys shall be appropriated to fund the programs authorized
in Section 30 and 20% shall be appropriated to fund the
programs authorized in Section 25.
(3) In fiscal years 2000, 2001, and 2002, after
appropriation of the amounts authorized by paragraph (1), the
remaining 1997, 1998, and 1999 the estimated amount of user
fees expected to be collected shall be appropriated as
follows: 80% of such estimated moneys shall be appropriated
to fund the programs authorized in Section 30 and 20% shall
be appropriated to fund the programs authorized in Section
25.
(4) Moneys appropriated to fund the programs authorized
in Sections 25 and 30 shall be expended only after they have
been collected and deposited into the Alternate Fuels Fund.
(Source: P.A. 89-410.)
Section 99. Effective date. This Act takes effect upon
becoming law.