Public Act 094-0062
 
HB0931 Enrolled LRB094 02445 RSP 32445 b

    AN ACT concerning alternate fuels.
 
    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, 30, and 31 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% 70% 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 and fuels derived from
bio-mass.
    "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. 91-357, eff. 7-29-99; 92-858, eff. 1-3-03.)
 
    (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 that runs on domestic renewable fuel. 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 alternate fuel 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. 92-858, eff. 1-3-03.)
 
    (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 Community Affairs shall be responsible for
reviewing the proposals and awarding the grants.
(Source: P.A. 92-858, eff. 1-3-03; revised 12-6-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.