Illinois General Assembly - Full Text of HB2380

HB2380 Engrossed LRB104 08736 BDA 18790 b

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, 15, 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-highway, including golf carts and 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.

"Eligible applicant" means persons and families whose income does not exceed 500% of the federal poverty line for the current State fiscal year and who may not be claimed as a dependent.

"Eligible vehicle" means an electric vehicle, as defined by this Act, with a selling price not exceeding $80,000 as shown on the bill of sale, that has not previously received a rebate under this Act. For the purposes of this Act, State and local taxes, license and registration fees, documentary service fees, and aftermarket products, including, but not limited to, extended warranties, service contracts, and other voluntary vehicle protection products, are excluded from the calculation of the selling price if separately itemized on the bill of sale.

"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 applicants Low income" means persons and families whose income does not exceed 80% of the regional or county State median income for the current State fiscal year, as established by the United States Department of Housing and Urban Development's Illinois Income Limits by metropolitan area and county Health and Human Services.

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

(415 ILCS 120/15)

Sec. 15. Rulemaking. The Agency shall adopt promulgate rules as necessary and dedicate sufficient resources to implement Section 27 of this Act. Such rules shall be consistent with applicable provisions of the Clean Air Act and any regulations promulgated pursuant thereto. The Secretary of State may adopt promulgate rules to implement Section 35 of this Act.

(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)

(415 ILCS 120/27)

Sec. 27. Electric vehicle rebate.

(a) Beginning July 1, 2022, and continuing as long as funds are available, each eligible applicant person shall be eligible to apply for a rebate, in the amounts set forth below, following the purchase of an eligible electric vehicle in Illinois. The Agency shall accept applications and 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) Beginning July 1, 2025 2022, a $2,000 $4,000 rebate for eligible applicants toward the purchase of a new or used an electric vehicle that is not an electric motorcycle and a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle. Low-income applicants are eligible for an additional $2,000 rebate for new or used vehicles that are not electric motorcycles.

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

(3) Beginning July 1, 2028, a $1,500 rebate for eligible applicants toward the purchase of a new or used 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. Low-income applicants are eligible for an additional $1,500 for new or used vehicles that are not electric motorcycles.

(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) Apply for the rebate within 180 90 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) Apply for the rebate during an open rebate cycle, as identified by the Agency.

(5) Certify that the purchaser qualifies as an eligible applicant and a low-income applicant, if applicable.

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

(g) For program auditing purposes, the Agency may request from a rebate recipient additional information and documentation evidencing eligibility for a rebate issued on or after July 1, 2025, including copies of income tax returns that corroborate the certification referenced in paragraph (5) of subsection (b). If requested by the Agency, a rebate recipient shall provide the information and documentation within the timeframe specified in the Agency's request. If the rebate recipient fails to provide the information and documentation requested by the Agency by the specified deadline, or if the information and documentation provided evidences that the rebate recipient was not eligible for the rebate or the rebate recipient fails to corroborate the certification referenced in paragraph (5) of subsection (b), the rebate recipient may be required to reimburse the Agency all or part of the original rebate amount.

(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 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 General Revenue Fund amounts appropriated to and deposited into the Electric Vehicle Rebate Fund from the General Revenue Fund, or any other 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; 103-605, eff. 7-1-24.)