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92_HB0002ren HB0002 Re-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, excluding on-board electric 14 generation. 15 "Alternate fuel vehicle" means any vehicle that is 16 operated in Illinois and is capable of using an alternate 17 fuel. 18 "Conventional", when used to modify the word "vehicle", 19 "engine", or "fuel", means gasoline or diesel or any 20 reformulations of those fuels. 21 "Covered Area" means the counties of Cook, DuPage, Kane, 22 Lake, McHenry, and Will and those portions of Grundy County 23 and Kendall County that are included in the following ZIP 24 code areas, as designated by the U.S. Postal Service on the 25 effective date of this amendatory Act of 1998: 60416, 60444, 26 60447, 60450, 60481, 60538, and 60543. 27 "Director" means the Director of the Environmental 28 Protection Agency. 29 "Domestic renewable fuel" means a fuel, produced in the 30 United States, composed of a minimum 80% ethanol, bio-based 31 methanol, and fuels derived from bio-mass. HB0002 Re-Enrolled -2- LRB9201200LBgc 1 "E85 blend fuel" means fuel that contains 85% ethanol and 2 15% gasoline. 3 "GVWR" means Gross Vehicle Weight Rating. 4 "Location" means (i) a parcel of real property or (ii) 5 multiple, contiguous parcels of real property that are 6 separated by private roadways, public roadways, or private or 7 public rights-of-way and are owned, operated, leased, or 8 under common control of one party. 9 "Original equipment manufacturer" or "OEM" means a 10 manufacturer of alternate fuel vehicles or a manufacturer or 11 remanufacturer of alternate fuel engines used in vehicles 12 greater than 8500 pounds GVWR. 13 "Rental vehicle" means any motor vehicle that is owned or 14 controlled primarily for the purpose of short-term leasing or 15 rental pursuant to a contract. 16 (Source: P.A. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98; 17 91-357, eff. 7-29-99.) 18 (415 ILCS 120/21 new) 19 Sec. 21. Alternate Fuel Infrastructure Advisory Board. 20 The Governor shall appoint an Alternate Fuel Infrastructure 21 Advisory Board. The Advisory Board shall be chaired by the 22 Director of the Department of Commerce and Community Affairs, 23 who may be represented at all meetings by a designee. Other 24 members appointed by the Governor shall consist of one 25 representative from the ethanol industry, one representative 26 from the natural gas industry, one representative from the 27 auto manufacturing industry, one representative from the 28 liquid petroleum gas industry, one representative from the 29 Agency, one representative from the heavy duty engine 30 manufacturing industry, one representative from Illinois 31 private fleet operators, and one representative of local 32 government from the Chicago nonattainment area. 33 The Advisory Board shall (1) prepare and recommend to the HB0002 Re-Enrolled -3- LRB9201200LBgc 1 Department of Commerce and Community Affairs a program 2 implementing Section 31 of this Act and (2) recommend 3 criteria and procedures to be followed in awarding grants. 4 Members of the Advisory Board shall not be reimbursed 5 their costs and expenses of participation. All decisions of 6 the Advisory Board shall be decided on a one vote per member 7 basis with a majority of the Advisory Board membership to 8 rule. 9 (415 ILCS 120/25) 10 Sec. 25. Ethanol fuel research program. The Department 11 of Commerce and Community Affairs shall administer a research 12 program to reduce the costs of producing ethanol fuels and 13 increase the viability of ethanol fuels, new ethanol engine 14 technologies, and ethanol refueling infrastructure. This 15 research shall be funded from the Alternate Fuels Fund. The 16 research program shall remain in effect, subject to 17 appropriation after calendar yearuntil December 31,2004 182002, 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, and 23 as long as funds are available, each owner of an alternate 24 fuel vehicle shall be eligible to apply for a rebate. The 25 Agency shall cause rebates to be issued under the provisions 26 of this Act.The Alternate Fuels Advisory Board shall27develop and recommend to the Agency rules that provide28incentives or other measures to ensure that small fleet29operators and owners participate in, and benefit from, the30rebate program. Such rules shall define and identify small31fleet operators and owners in the covered area and make32provisions for the establishment of criteria to ensure thatHB0002 Re-Enrolled -4- LRB9201200LBgc 1funds from the Alternate Fuels Fund specified in this Act are2made readily available to these entities. The Advisory Board3shall, in the development of its rebate application review4criteria, make provisions for preference to be given to5applications proposing a partnership between the fleet6operator or owner and a fueling service station to make7alternate fuels available to the public.An owner may apply 8 for only one of 3 types of rebates with regard to an 9 individual alternate fuel vehicle: (i) a conversion cost 10 rebate, (ii) an OEM differential cost rebate, or (iii) a 11 fuel cost differential rebate. Only one rebate may be issued 12 with regard to a particular alternate fuel vehicle during the 13 life of that vehicle. A rebate shall not exceed $4,000 per 14 vehicle. Over the life of this rebate program, an owner of 15 an alternate fuel vehicle may not receive rebates for more 16 than 150 vehicles per location or for 300 vehicles in total. 17 (a) A conversion cost rebate may be issued to an owner 18 or his or her designee in order to reduce the cost of 19 converting of a conventional vehicle to an alternate fuel 20 vehicle. Conversion of a conventional vehicle to alternate 21 fuel capability must take place in Illinois for the owner to 22 be eligible for the conversion cost rebate. Amounts spent by 23 applicants within a calendar year may be claimed on a rebate 24 application submitted during that calendar year. Approved 25 conversion cost rebates applied for during or after calendar 26 yearyears1997, 1998, 1999, 2000, 2001, and 2002shall be 27 80% of all approved conversion costs claimed and documented. 28 Approval of conversion cost rebates may continue after 29 calendar year 2002, if funds are still available. An 30 applicant may include on an application submitted in 1997 all 31 amounts spent within that calendar year on the conversion, 32 even if the expenditure occurred before promulgation of the 33 Agency rules. 34 (b) An OEM differential cost rebate may be issued to an HB0002 Re-Enrolled -5- LRB9201200LBgc 1 owner or his or her designee in order to reduce the cost 2 differential between a conventional vehicle or engine and the 3 same vehicle or engine, produced by an original equipment 4 manufacturer, that has the capability to use alternate fuels. 5 A new OEM vehicle or engine must be purchased in Illinois 6 and must either be an alternate fuel vehicle or used in an 7 alternate fuel vehicle, respectively, for the owner to be 8 eligible for an OEM differential cost rebate. Amounts spent 9 by applicants within a calendar year may be claimed on a 10 rebate application submitted during that calendar year. 11 Approved OEM differential cost rebates applied for during 12 or after calendar yearyears1997, 1998, 1999, 2000, 2001,13and 2002shall be 80% of all approved cost differential 14 claimed and documented. Approval of OEM differential cost 15 rebates may continue after calendar year 2002, if funds are 16 still available. An applicant may include on an application 17 submitted in 1997 all amounts spent within that calendar 18 year on OEM equipment, even if the expenditure occurred 19 before promulgation of the Agency rules. 20 (c) A fuel cost differential rebate may be issued to an 21 owner or his or her designee in order to reduce the cost 22 differential between conventional fuels and domestic 23 renewable fuels purchased to operate an alternate fuel 24 vehicle that runs on domestic renewable fuel. The fuel cost 25 differential shall be based on a 3-year life cycle cost 26 analysis developed by the Agency by rulemaking. The rebate 27 shall apply to and be payable during a consecutive 3-year 28 period commencing on the date the application is approved by 29 the Agency. Approved fuel cost differential rebates may be 30 applied for during or after calendar yearyears1997, 1998,311999, 2000, and 2001and approved rebates shall be 80% of the 32 cost differential for a consecutive 3-year period. Approval 33 of fuel cost differential rebates may continue after calendar 34 year 2002 if funds are still available.Twenty-five percentHB0002 Re-Enrolled -6- LRB9201200LBgc 1of the amount appropriated under Section 40 to be used to2fund the programs authorized by this Section during calendar3year 1998 shall be designated to fund fuel cost differential4rebates. If the total dollar amount of approved fuel cost5differential rebate applications as of October 1, 1998 is6less than the amount designated for that calendar year, the7balance of designated funds shall be immediately available to8fund any rebate authorized by this Section and approved in9the calendar year. An applicant may include on an10application submitted in 1997 all amounts spent within that11calendar year on fuel cost differential, even if the12expenditure occurred before the promulgation of the Agency13rules.14Twenty-five percent of the amount appropriated under15Section 40 to be used to fund the programs authorized by this16Section during calendar year 1999 shall be designated to fund17fuel cost differential rebates. If the total dollar amount18of approved fuel cost differential rebate applications as of19July 1, 1999 is less than the amount designated for that20calendar year, the balance of designated funds shall be21immediately available to fund any rebate authorized by this22Section and approved in the calendar year.23Twenty-five percent of the amount appropriated under24Section 40 to be used to fund programs authorized by this25Section during calendar year 2000 shall be designated to fund26fuel cost differential rebates. If the total dollar amount27of approved fuel cost differential rebate applications as of28July 1, 2000 is less than the amount designated for that29calendar year, the balance of designated funds shall be30immediately available to fund any rebate authorized by this31Section and approved in the calendar year.32 Twenty-five percent of the amount that is appropriated 33 under Section 40 to be used to fund programs authorized by 34 this Section during calendar year 2001 shall be designated to HB0002 Re-Enrolled -7- LRB9201200LBgc 1 fund fuel cost differential rebates. If the total dollar 2 amount of approved fuel cost differential rebate applications 3 as of July 1, 2001 is less than the amount designated for 4 that calendar year, the balance of designated funds shall be 5 immediately available to fund any rebate authorized by this 6 Section and approved in the calendar year. 7 An approved fuel cost differential rebate shall be paid 8 to an owner in 3 annual installments on or about the 9 anniversary date of the approval of the application. Owners 10 receiving a fuel cost differential rebate shall be required 11 to demonstrate, through recordkeeping, the use of domestic 12 renewable fuels during the 3-year period commencing on the 13 date the application is approved by the Agency. If the 14 alternate fuel vehicle ceases to be registered to the 15 original applicant owner, a prorated installment shall be 16 paid to that owner or the owner's designee and the remainder 17 of the rebate shall be canceled. 18 (d) Vehicles owned by the federal government or vehicles 19 registered in a state outside Illinois are not eligible for 20 rebates. 21 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 22 (415 ILCS 120/31 new) 23 Sec. 31. Alternate Fuel Infrastructure Program. Subject 24 to appropriation, the Department of Commerce and Community 25 Affairs shall establish a grant program to provide funding 26 for the building of E85 blend, propane, and compressed 27 natural gas (CNG) fueling facilities, including private 28 on-site fueling facilities, to be built within the covered 29 area or in Illinois metropolitan areas over 100,000 in 30 population. The Department of Commerce and Community Affairs 31 shall be responsible for reviewing the proposals and awarding 32 the grants. HB0002 Re-Enrolled -8- LRB9201200LBgc 1 (415 ILCS 120/32 new) 2 Sec. 32. Clean Fuel Education Program. Subject to 3 appropriation, the Department of Commerce and Community 4 Affairs, in cooperation with the Agency 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, 2001, and 2002 the 13 Office of the Secretary of State shall collect annual user 14 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 Re-Enrolled -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 (a) User Fees Funds. The Agency shall estimate the 6 amount of user fees expected to be collected under Section 35 7 of this Act for fiscal years 1999, 2000, 2001, and 2002. 8 User fee funds shall be deposited into and distributed from 9 the Alternate Fuels Fund in the following manner: 10 (1) In each of fiscal years 1999, 2000, 2001, and 11 2002, an amount not to exceed $200,000 may be 12 appropriated to the Agency from the Alternate Fuels Fund 13 to pay its costs of administering the programs authorized 14 by Section 30 of this Act. Up to $200,000 may be 15 appropriated to the Office of the Secretary of State in 16 each of fiscal years 1999, 2000, 2001, and 2002 from the 17 Alternate Fuels Fund to pay the Secretary of State's 18 costs of administering the programs authorized under this 19 Act. 20 (2) In fiscal years 1999, 2000, 2001, and 2002, 21 after appropriation of the amounts authorized by item (1) 22 of subsection (a) of this Section, the remaining moneys 23 estimated to be collected during each fiscal year shall 24 be appropriated as follows: 80% of the remaining moneys 25 shall be appropriated to fund the programs authorized by 26 Section 30, and 20% shall be appropriated to fund the 27 programs authorized by Section 25. 28 (3) Additional appropriations to the Agency from 29 the Alternate Fuels Fund to pay its costs of 30 administering the programs authorized by Section 30 of 31 this Act may be made in fiscal years following 2002, not 32 to exceed the amount of $200,000 in any fiscal year, if 33 funds are still available and program costs are still HB0002 Re-Enrolled -10- LRB9201200LBgc 1 being incurred. 2 (4) Moneys appropriated to fund the programs 3 authorized in Sections 25 and 30 shall be expended only 4 after they have been collected and deposited into the 5 Alternate Fuels Fund. 6 (b) General Revenue Fund Appropriations. General Revenue 7 Fund amounts appropriated to and deposited into the Alternate 8 Fuels Fund shall be distributed from the Alternate Fuels Fund 9 in the following manner: 10 (1) In each of fiscal years 2003 and 2004, an 11 amount not to exceed $50,000 may be appropriated to the 12 Department of Commerce and Community Affairs from the 13 Alternate Fuels Fund to pay its costs of administering 14 the programs authorized by Sections 31 and 32. 15 (2) In each of fiscal years 2003 and 2004, an 16 amount not to exceed $50,000 may be appropriated to the 17 Department of Commerce and Community Affairs to fund the 18 programs authorized by Section 32. 19 (3) In each of fiscal years 2003 and 2004, after 20 appropriation of the amounts authorized in items (1) and 21 (2) of subsection (b) of this Section, the remaining 22 moneys received from the General Revenue Fund shall be 23 appropriated as follows: 52.632% of the remaining moneys 24 shall be appropriated to fund the programs authorized by 25 Sections 25 and 30 and 47.368% of the remaining moneys 26 shall be appropriated to fund the programs authorized by 27 Section 31. The moneys appropriated to fund the 28 programs authorized by Sections 25 and 30 shall be used 29 as follows: 20% shall be used to fund the programs 30 authorized by Section 25, and 80% shall be used to fund 31 the programs authorized by Section 30. 32 Moneys appropriated to fund the programs authorized in 33 Section 31 shall be expended only after they have been 34 deposited into the Alternate Fuels Fund. HB0002 Re-Enrolled -11- LRB9201200LBgc 1The Agency shall estimate the amount of user fees2expected to be collected for fiscal years 1999, 2000, 2001,3and 2002. Moneys shall be deposited into and distributed4from the Alternate Fuels Fund in the following manner:5(1) In each of fiscal years 1999, 2000, 2001, 2002 an6amount not to exceed $200,000 may be appropriated to the7Agency from the Alternate Fuels Fund to pay its costs of8administering the programs authorized by this Act. Up to9$200,000 may be appropriated to the Office of the Secretary10of State in each of fiscal years 1999, 2000, 2001, and 200211from the Alternate Fuels Fund to pay the Secretary of State's12costs of administering the programs authorized under this13Act.14(2) In fiscal year 1999, after appropriation of the15amounts authorized by paragraph (1), the remaining moneys16estimated to be collected during fiscal year 1999 shall be17appropriated as follows: 80% of each such remaining moneys18shall be appropriated to fund the programs authorized in19Section 30 and 20% shall be appropriated to fund the programs20authorized in Section 25.21(3) In fiscal years 2000, 2001, and 2002, after22appropriation of the amounts authorized by paragraph (1), the23remaining estimated amount of user fees expected to be24collected shall be appropriated as follows: 80% of such25estimated moneys shall be appropriated to fund the programs26authorized in Section 30 and 20% shall be appropriated to27fund the programs authorized in Section 25.28(4) Moneys appropriated to fund the programs authorized29in Sections 25 and 30 shall be expended only after they have30been collected and deposited into the Alternate Fuels Fund.31 (Source: P.A. 89-410; 90-726, eff. 8-7-98.) 32 (415 ILCS 120/45) 33 Sec. 45. Alternate Fuels Fund; creation; deposit of user HB0002 Re-Enrolled -12- LRB9201200LBgc 1 fees. A separate fund in the State Treasury called the 2 Alternate Fuels Fund is created, into which shall be 3 transferred the user fees as provided in Section 35 and any 4 other revenues, deposits, State appropriations, 5 contributions, grants, gifts, bequests, legacies of money and 6 securities, or transfers as provided by law from, without 7 limitation, governmental entities, private sources, 8 foundations, trade associations, industry organizations, and 9 not-for-profit organizations. 10 (Source: P.A. 89-410.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.