HB5286 103RD GENERAL ASSEMBLY

LRB103 39047 BDA 69184 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5286

Introduced 2/9/2024, by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

415 ILCS 120/10
415 ILCS 120/27
415 ILCS 120/40

Amends the Electric Vehicle Rebate Act. Provides that the term "electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, is plugged in to charge, and is legally permitted to drive on all public roadways, including interstate highways. Excludes from the definition of "electric vehicle" off-road electric vehicles including golf carts, as well as neighborhood electric vehicles, electric scooters, and electric vehicles with a maximum speed below 45 miles per hour. Removes a definition for "environmental justice community". Limits the electric vehicle rebate to low-income people beginning on July 1, 2024. Adds a rebate for electric motorcycles of $1,500 beginning on July 1,2024, $750 beginning on July 1,2026, and $500 beginning on July 1, 2028. Lengthens the time for applying for the rebate to 120 days beginning in July 2024. Allows for deposits into the Electric Vehicle Fund from any fund for certain specified purposes. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Electric Vehicle Rebate Act is amended by changing Sections 10, 27, and 40 as follows:

(415 ILCS 120/10)

Sec. 10. Definitions. As used in this Act:

"Agency" means the Environmental Protection Agency.

"Covered Area" means the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, the townships of Aux Sable and Goose Lake in Grundy County, and the township of Oswego in Kendall County.

"Electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, must be plugged in to charge, and is legally permitted licensed to drive on all public roadways, including interstate highways. "Electric Vehicle" does not include electric mopeds; , electric off-highway vehicles primarily intended to be driven off-road, including golf carts; neighborhood electric vehicles; electric scooters; electric vehicles with a maximum speed below 45 miles per hour; , or hybrid electric vehicles and extended-range electric vehicles that are also equipped with conventional fueled propulsion or auxiliary engines.

"Environmental justice community" has the same meaning, based on existing methodologies and findings, used and as may be updated by the Illinois Power Agency and its Program Administrator of the Illinois Solar for All Program.

"Low income" means persons and families whose income does not exceed 80% of the State median income for the current State fiscal year, as established by the United States Department of Health and Human Services.

(Source: P.A. 102-662, eff. 9-15-21; 102-820, eff. 5-13-22.)

(415 ILCS 120/27)

Sec. 27. Electric vehicle rebate.

(a) From Beginning July 1, 2022 until June 30, 2024, and continuing as long as funds are available, each person shall be eligible to apply for a rebate, in the amounts set forth below, following the purchase of an electric vehicle in Illinois. From July 1, 2024, and continuing as long as funds are available, each low-income person shall be eligible to apply for a rebate, in the amounts set forth below, following the purchase of an electric vehicle in Illinois. The Agency shall issue rebates consistent with the provisions of this Act and any implementing regulations adopted by the Agency. In no event shall a rebate amount exceed the purchase price of the vehicle.

(1) From Beginning July 1, 2022, a $4,000 rebate for the purchase of an electric vehicle that is not an electric motorcycle and, from July 1, 2024, a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle.

(2) From Beginning July 1, 2026, a $2,000 rebate for the purchase of an electric vehicle that is not an electric motorcycle and a $750 rebate for the purchase of an electric vehicle that is an electric motorcycle.

(3) From Beginning July 1, 2028, a $1,500 rebate for the purchase of an electric vehicle that is not an electric motorcycle and a $500 rebate for the purchase of an electric vehicle that is an electric motorcycle.

(4) (Blank). Beginning July 1, 2022, a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle.

(b) To be eligible to receive a rebate, a purchaser must:

(1) Reside in Illinois, both at the time the vehicle was purchased and at the time the rebate is issued.

(2) Purchase an electric vehicle in Illinois on or after July 1, 2022 and be the owner of the vehicle at the time the rebate is issued. Rented or leased vehicles, vehicles purchased from an out-of-state dealership, and vehicles delivered to or received by the purchaser out-of-state are not eligible for a rebate under this Act.

(3) If the vehicle is purchased before June 30, 2024, apply Apply for the rebate within 90 days after the vehicle purchase date or, if the vehicle is purchased on or after July 1, 2024, apply for the rebate within 120 days after the vehicle purchase date, and provide to the Agency proof of residence, proof of vehicle ownership, and proof that the vehicle was purchased in Illinois, including a copy of a purchase agreement noting an Illinois seller. The purchaser must notify the Agency of any changes in residency or ownership of the vehicle that occur between application for a rebate and issuance of a rebate.

(4) From July 1, 2024, apply for the rebate during an open rebate cycle as identified by the Agency.

(5) From July 1, 2024, certify that the purchaser qualifies as low-income.

(c) The Agency shall make available in application materials methods for purchasers to identify as low-income. The Agency shall prioritize the review of qualified applications from low-income purchasers and award rebates to qualified purchasers accordingly.

(d) The purchaser must retain ownership of the vehicle for a minimum of 12 consecutive months immediately after the vehicle purchase date. The purchaser must continue to reside in Illinois during that time frame and register the vehicle in Illinois during that time frame. Rebate recipients who fail to satisfy any of the above criteria will be required to reimburse the Agency all or part of the original rebate amount and shall notify the Agency within 60 days of failing to satisfy the criteria.

(e) Rebates administered under this Section shall be available for both new and used electric vehicles.

(f) A rebate administered under this Act may only be applied for and awarded one time per vehicle identification number. A rebate may only be applied for and awarded once per purchaser in any 10-year period.

(Source: P.A. 102-662, eff. 9-15-21; 102-820, eff. 5-13-22.)

(415 ILCS 120/40)

Sec. 40. Appropriations from the Electric Vehicle Rebate Fund.

(a) 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 Electric Vehicle Rebate Fund in the following manner:

(1) Through fiscal year 2023, an An annual amount not to exceed $225,000 may be appropriated to the Agency from the Electric Vehicle Rebate Fund to pay its costs of administering the programs authorized by Section 27 of this Act. Beginning in fiscal year 2024 and in each fiscal year thereafter, an annual amount not to exceed $600,000 may be appropriated to the Agency from the Electric Vehicle Rebate Fund to pay its costs of administering the programs authorized by Section 27 of this Act. An amount not to exceed $225,000 may be appropriated to the Secretary of State from the Electric Vehicle Rebate Fund to pay the Secretary of State's costs of administering the programs authorized under this Act.

(2) In fiscal year 2022 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.

(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 Electric Vehicle Rebate Fund.

(b) Amounts appropriated to and deposited into the Electric Vehicle Fund from the General Revenue Fund, or any other fund, General Revenue Fund amounts appropriated to and deposited into the Electric Vehicle Rebate Fund shall be distributed from the Electric Vehicle Rebate Fund to fund the program authorized in Section 27.

(Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23; 103-363, eff. 7-28-23; revised 9-6-23.)

Section 99. Effective date. This Act takes effect upon becoming law.