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Public Act 097-0090





Public Act 097-0090
HB2903 EnrolledLRB097 10774 JDS 51198 b

    AN ACT concerning safety.
    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 and 30 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, 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.
    "Car sharing organization" means an organization whose
primary business is a membership-based service that allows
members to drive cars by the hour in order to extend the public
transit system, reduce personal car ownership, save consumers
money, increase the use of alternative transportation, and
improve environmental sustainability.
    "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.
    "Electric vehicle" means a vehicle that is licensed to
drive on public roadways, is predominantly powered by, and
primarily refueled with, electricity, and does not have
restrictions confining it to operate on only certain types of
streets or roads.
    "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 120/30)
    Sec. 30. Rebate and grant program.
    (a) 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 item (3) of
this 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.
        (1) (a) A conversion cost rebate may be issued to an
    owner or his or her designee in order to reduce the cost of
    converting a conventional vehicle or a hybrid vehicle to an
    alternate fuel vehicle. Conversion of a conventional
    vehicle or a hybrid 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 within 12 months after the month in
    which the conversion of the vehicle took place. 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.
        (2) (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.
    Large vehicles, over 8,500 pounds gross vehicle weight,
    purchased outside Illinois are eligible for an OEM
    differential cost rebate if the same or a comparable
    vehicle is not available for purchase in Illinois. Amounts
    spent by applicants within a calendar year may be claimed
    on a rebate application submitted within 12 months after
    the month in which the new OEM vehicle or engine was
        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.
        (3) (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
        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.
    (b) (d) Vehicles owned by the federal government or
vehicles registered in a state outside Illinois are not
eligible for rebates.
    (c) Through fiscal year 2013, the Agency may make grants to
one or more car sharing organizations located and operating in
Illinois for the purchase of new electric vehicles from an
Illinois car dealership. A grant may not exceed 25% of the
total project cost, including vehicles and supporting
        (1) Once in each fiscal year, a car sharing
    organization may submit a grant proposal to the Agency. The
    information in the proposal shall, at a minimum, consist of
    the following:
            (A) the name, address, and locations of the car
        sharing organization and its operations within
            (B) a description of the car sharing organization,
        including the number and types of vehicles currently in
        the fleet and how the vehicles are strategically
        located to maximize their usage along with a summary of
        the demographic populations being served;
            (C) a summary of average miles per year driven by
        the vehicles currently in the fleet;
            (D) a narrative description of the project,
        including the overall plans of the organization in
        acquiring electric vehicles, the makes and models and
        the number of electric vehicles that will be acquired
        by the funding, estimated purchase costs for each
        vehicle, how the vehicles will be refueled, and whether
        the refueling locations are available to the public or
        other entities, are private facilities solely used by
        the organization, or a combination of both; and
            (E) a detailed project budget, including the costs
        of vehicles and supporting infrastructure.
        (2) The Agency may award grants and set grant amounts,
    provided that the total amount of the grants does not
    exceed the Agency's estimate of the amount of the annual
    appropriation remaining after all rebates have been
    submitted and processed.
        (3) In deciding whether to award a grant, the Agency
    shall consider the overall level of environmental benefits
    to be realized by the proposed project.
        (4) Grant funds may only be used for purchasing
    electric vehicles, and shall not exceed 25% of the actual
    project expenditures. A vehicle purchased using grant
    funds is not eligible for any rebate authorized by this
    Section. The grant shall provide funding only for the base
    Manufacturer's Suggested Retail Price (MSRP) of the
    vehicle and its electric motors and drivetrain system as
    depicted on the window sticker or similar documents, and is
    not to include add-on options such as cabin-related product
    or component upgrades and extended warranties.
        (5) Within one year after the date of the grant award,
    the grantee shall submit a final report to the Agency. If
    there are grant funds unspent at that time, the remaining
    money shall be returned to the Agency. The report shall
    include the following information:
            (A) the make, model, and model year of each
            (B) the dates of vehicle purchases;
            (C) the vehicle identification number (VIN);
            (D) the license plate number and the state of
            (E) a copy of each vehicle's window sticker or
        similar document showing the base MSRP and all options;
            (F) proof of payment and purchase invoices for the
        vehicles showing the Illinois car dealership where the
        vehicles were purchased; and
            (G) a complete financial report for the project.
        (6) Vehicles purchased with grant funds must remain
    registered and in service with the grantee in Illinois for
    a minimum of 5 years after purchase. If a vehicle is sold
    or otherwise taken out of service in Illinois earlier than
    that time, then the grantee shall refund to the Agency a
    prorated amount of the grant funds used to purchase that
    vehicle, except if a vehicle is replaced with a comparable
    vehicle or can no longer be safely operated due to an
    accident or other damage.
(Source: P.A. 96-537, eff. 8-14-09; 96-1278, eff. 7-26-10.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/11/2011