(415 ILCS 120/1) Sec. 1. Short title. This Act may be cited as the Alternate Fuels Act. (Source: P.A. 89‑410.)
(415 ILCS 120/5) Sec. 5. Purpose. The General Assembly declares that
it is the public policy of the State to promote and encourage
the use of alternate fuel in vehicles as a means to improve air
quality in the State and to meet the requirements of the federal
Clean Air Act Amendments of 1990 and the federal Energy Policy
Act of 1992. The General Assembly further declares that the
State can play a leadership role in the development of vehicles
powered by alternate fuels, as well as in the establishment of
the necessary infrastructure to support this emerging technology. (Source: P.A. 89‑410.)
(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, 80%
bio‑based
methanol, fuels that are at least 80% derived from biomass,
hydrogen fuel, 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.
"Biodiesel fuel" means a renewable fuel conforming to the industry standard
ASTM‑D6751 and registered with the U.S. Environmental Protection Agency.
"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, 80% bio‑based
methanol, or 20% biodiesel fuel.
"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. 94‑62, eff. 6‑20‑05.)
(415 ILCS 120/15) Sec. 15. Rulemaking. The Agency shall promulgate rules
and dedicate sufficient resources to implement the purposes of
Section 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 Economic Opportunity may promulgate rules to implement Section 25 of
this Act. (Source: P.A. 94‑793, eff. 5‑19‑06.)
(415 ILCS 120/20) Sec. 20. Rules. Rules implementing Section 30 of this Act shall include, but
are not limited to, calculation of fuel cost
differential rebates and designation of acceptable conversion
and OEM technologies. In designating acceptable conversion or OEM technologies,
the 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. 90‑726, eff. 8‑7‑98; 91‑798, eff. 7‑9‑00.)
(415 ILCS 120/21) 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 Commerce
and Economic Opportunity, 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 Economic Opportunity (formerly
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. (Source: P.A. 94‑793, eff. 5‑19‑06.)
(415 ILCS 120/22) Sec. 22. Flexible fuel vehicle database. The Secretary of State shall, to the extent that the necessary information is obtainable from automobile manufacturers,
compile a database of the flexible fuel vehicles in the State by zip code area.
The database shall be created based upon the make, model, and
vehicle identification number of registered vehicles. The database shall
include only the number
of vehicles by zip code and shall be completed and made available to the
public in both print and electronic format by January 1, 2005. For the
purposes of this Section, "flexible fuel vehicle" means a vehicle that is
capable of running on E85 blend fuel.
(Source: P.A. 93‑913, eff. 8‑12‑04.)
(415 ILCS 120/25) Sec. 25. Ethanol fuel research program. The Department of Commerce and
Economic Opportunity 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 2004, or
until funds are no longer
available. (Source: P.A. 94‑793, eff. 5‑19‑06.)
(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.
Beginning July 1, 2005, each owner of a vehicle using domestic renewable fuel
is eligible to apply for a fuel cost differential rebate under subsection (c)
of this Section.
The Agency
shall cause rebates to be
issued under the provisions of this Act. 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 or a vehicle using domestic renewable fuel 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 1997 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 1997 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 or alternate fuels purchased to operate an alternate fuel vehicle
. 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 1997 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
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 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. 94‑62, eff. 6‑20‑05.)
(415 ILCS 120/31) Sec. 31. Alternate Fuel Infrastructure Program. Subject to appropriation,
the
Department of Commerce and Community Affairs
(now Department of Commerce and Economic Opportunity) shall establish a grant program to provide funding for the building of
E85 blend,
propane, at least 20% biodiesel blended fuel, 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 Economic Opportunity
shall be responsible for
reviewing the
proposals and awarding the grants. (Source: P.A. 94‑62, eff. 6‑20‑05.)
(415 ILCS 120/32) Sec. 32. Clean Fuel Education Program. Subject to appropriation, the
Department of Commerce and Economic Opportunity,
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. (Source: P.A. 94‑793, eff. 5‑19‑06.)
(415 ILCS 120/35) Sec. 35. User fees. (a) 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. 92‑858, eff. 1‑3‑03; 93‑32, eff. 7‑1‑03.)
(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 each fiscal
year. 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, 2002,
and 2003, an amount not to exceed $200,000, and beginning in fiscal year 2004 an annual amount not to exceed $225,000, 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, 2002, and 2003 from the Alternate Fuels Fund to pay the Secretary of State's costs of administering the programs authorized under this Act. Beginning in fiscal year 2004 and in each fiscal year thereafter, an amount not to exceed $225,000 may be appropriated to the Secretary of State 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. In fiscal year 2004 and each fiscal year thereafter, 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: 70% of the remaining moneys shall be appropriated to fund the programs authorized by Section 30 and 30% shall be appropriated to fund the programs authorized by Section 31.
(3) (Blank). (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 (now Department of Commerce and Economic Opportunity) 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 (now Department of Commerce and Economic Opportunity) 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. (Source: P.A. 93‑32, eff. 7‑1‑03; 94‑793, eff. 5‑19‑06.)
(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. 92‑858, eff. 1‑3‑03.)
(415 ILCS 120/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 89‑410; text omitted.)
(415 ILCS 120/999) Sec. 999. Effective date. This Act takes effect upon
becoming law. (Source: P.A. 89‑410.)
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