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Public Act 92-0858
HB0002 Re-Enrolled LRB9201200LBgc
AN ACT in relation to alternate fuels.
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, 25, 30, 35, 40, and 45 and adding
Sections 21, 31, and 32 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,
E85 blend fuel, fuel composed of a minimum 80% ethanol,
bio-based methanol, fuels that are at least 70% derived from
biomass, or electricity, excluding on-board electric
generation.
"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 of Grundy County
and 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.
"E85 blend fuel" means fuel that contains 85% ethanol and
15% gasoline.
"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. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98;
91-357, eff. 7-29-99.)
(415 ILCS 120/21 new)
Sec. 21. Alternate Fuel Infrastructure Advisory Board.
The Governor shall appoint an Alternate Fuel Infrastructure
Advisory Board. The Advisory Board shall be chaired by the
Director of the Department of Commerce and Community Affairs,
who may be represented at all meetings by a designee. Other
members appointed by the Governor shall consist of one
representative from the ethanol industry, one representative
from the natural gas industry, one representative from the
auto manufacturing industry, one representative from the
liquid petroleum gas industry, one representative from the
Agency, one representative from the heavy duty engine
manufacturing industry, one representative from Illinois
private fleet operators, and one representative of local
government from the Chicago nonattainment area.
The Advisory Board shall (1) prepare and recommend to the
Department of Commerce and Community Affairs a program
implementing Section 31 of this Act and (2) recommend
criteria and procedures to be followed in awarding grants.
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.
(415 ILCS 120/25)
Sec. 25. Ethanol fuel research program. The Department
of Commerce and Community Affairs shall administer 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 infrastructure. This
research shall be funded from the Alternate Fuels Fund. The
research program shall remain in effect, subject to
appropriation after calendar year until December 31, 2004
2002, or until funds are no longer available.
(Source: P.A. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98;
91-357, eff. 7-29-99.)
(415 ILCS 120/30)
Sec. 30. Rebate program. Beginning January 1, 1997, and
as long as funds are available, 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 or after calendar
year years 1997, 1998, 1999, 2000, 2001, and 2002 shall be
80% of all approved conversion costs claimed and documented.
Approval of conversion cost rebates may continue after
calendar year 2002, if funds are still available. An
applicant may include on an application submitted in 1997 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
or after calendar year years 1997, 1998, 1999, 2000, 2001,
and 2002 shall be 80% of all approved cost differential
claimed and documented. Approval of OEM differential cost
rebates may continue after calendar year 2002, if funds are
still available. An applicant may include on an application
submitted in 1997 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 or after calendar year years 1997, 1998,
1999, 2000, and 2001 and approved rebates shall be 80% of the
cost differential for a consecutive 3-year period. Approval
of fuel cost differential rebates may continue after calendar
year 2002 if funds are still available. 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 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 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 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 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 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 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 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 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 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; 90-726, eff. 8-7-98.)
(415 ILCS 120/31 new)
Sec. 31. Alternate Fuel Infrastructure Program. Subject
to appropriation, the Department of Commerce and Community
Affairs shall establish a grant program to provide funding
for the building of E85 blend, propane, and compressed
natural gas (CNG) fueling facilities, including private
on-site fueling facilities, to be built within the covered
area or in Illinois metropolitan areas over 100,000 in
population. The Department of Commerce and Community Affairs
shall be responsible for reviewing the proposals and awarding
the grants.
(415 ILCS 120/32 new)
Sec. 32. Clean Fuel Education Program. Subject to
appropriation, the Department of Commerce and Community
Affairs, in cooperation with the Agency and Chicago Area
Clean Cities, shall administer the Clean Fuel Education
Program, the purpose of which is to educate fleet
administrators and Illinois' citizens about the benefits of
using alternate fuels. The program shall include a media
campaign.
(415 ILCS 120/35)
Sec. 35. User fees.
(a) During fiscal years 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 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
the B, D, F, H, MD, MF, MG, MH and MJ plate categories, 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 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; 90-726, eff. 8-7-98.)
(415 ILCS 120/40)
Sec. 40. Appropriations from the Alternate Fuels Fund.
(a) User Fees Funds. The Agency shall estimate the
amount of user fees expected to be collected under Section 35
of this Act for fiscal years 1999, 2000, 2001, and 2002.
User fee funds 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, 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 Section 30 of 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.
(2) In fiscal years 1999, 2000, 2001, and 2002,
after appropriation of the amounts authorized by item (1)
of subsection (a) of this Section, the remaining moneys
estimated to be collected during each fiscal year shall
be appropriated as follows: 80% of the remaining moneys
shall be appropriated to fund the programs authorized by
Section 30, and 20% shall be appropriated to fund the
programs authorized by Section 25.
(3) Additional appropriations to the Agency from
the Alternate Fuels Fund to pay its costs of
administering the programs authorized by Section 30 of
this Act may be made in fiscal years following 2002, not
to exceed the amount of $200,000 in any fiscal year, if
funds are still available and program costs are still
being incurred.
(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.
(b) General Revenue Fund Appropriations. General Revenue
Fund amounts appropriated to and deposited into the Alternate
Fuels Fund shall be distributed from the Alternate Fuels Fund
in the following manner:
(1) In each of fiscal years 2003 and 2004, an
amount not to exceed $50,000 may be appropriated to the
Department of Commerce and Community Affairs from the
Alternate Fuels Fund to pay its costs of administering
the programs authorized by Sections 31 and 32.
(2) In each of fiscal years 2003 and 2004, an
amount not to exceed $50,000 may be appropriated to the
Department of Commerce and Community Affairs to fund the
programs authorized by Section 32.
(3) In each of fiscal years 2003 and 2004, after
appropriation of the amounts authorized in items (1) and
(2) of subsection (b) of this Section, the remaining
moneys received from the General Revenue Fund shall be
appropriated as follows: 52.632% of the remaining moneys
shall be appropriated to fund the programs authorized by
Sections 25 and 30 and 47.368% of the remaining moneys
shall be appropriated to fund the programs authorized by
Section 31. The moneys appropriated to fund the
programs authorized by Sections 25 and 30 shall be used
as follows: 20% shall be used to fund the programs
authorized by Section 25, and 80% shall be used to fund
the programs authorized by Section 30.
Moneys appropriated to fund the programs authorized in
Section 31 shall be expended only after they have been
deposited into the Alternate Fuels Fund.
The Agency shall estimate the amount of user fees
expected to be collected for fiscal years 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, 2002 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.
(2) In fiscal year 1999, after appropriation of the
amounts authorized by paragraph (1), the remaining moneys
estimated to be collected during fiscal year 1999 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 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; 90-726, eff. 8-7-98.)
(415 ILCS 120/45)
Sec. 45. Alternate Fuels Fund; creation; deposit of user
fees. A separate fund in the State Treasury called the
Alternate Fuels Fund is created, into which shall be
transferred the user fees as provided in Section 35 and any
other revenues, deposits, State appropriations,
contributions, grants, gifts, bequests, legacies of money and
securities, or transfers as provided by law from, without
limitation, governmental entities, private sources,
foundations, trade associations, industry organizations, and
not-for-profit organizations.
(Source: P.A. 89-410.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly June 02, 2002.
Governor Amendatory Veto August 28, 2002.
General Assembly Accepts Amendatory Veto December 04, 2002.
Returned to Governor for Certification December 11, 2002.
Governor Certifies Changes January 03, 2003.
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