093_HB3550

 
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 1        AN ACT concerning 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, 35, and 40 as follows:

 6        (415 ILCS 120/10)
 7        Sec. 10.  Definitions.  As used in this Act:
 8        "Agency" means the Environmental Protection Agency.
 9        "Alternate fuel" means liquid petroleum gas, natural gas,
10    E85 blend fuel, fuel  composed  of  a  minimum  80%  ethanol,
11    bio-based methanol, fuels that are at least 70%  derived from
12    biomass,   or   electricity,   excluding   on-board  electric
13    generation.
14        "Alternate  fuel  vehicle"  means  any  vehicle  that  is
15    operated in Illinois and is capable  of  using  an  alternate
16    fuel.
17        "Conventional",  when  used to modify the word "vehicle",
18    "engine",  or  "fuel",  means  gasoline  or  diesel  or   any
19    reformulations of those fuels.
20        "Covered  Area" means the counties of Cook, DuPage, Kane,
21    Lake, McHenry, and Will and those portions of  Grundy  County
22    and  Kendall  County  that  are included in the following ZIP
23    code areas, as designated by the U.S. Postal Service  on  the
24    effective  date of this amendatory Act of 1998: 60416, 60444,
25    60447, 60450, 60481, 60538, and 60543.
26        "Director"  means  the  Director  of  the   Environmental
27    Protection Agency.
28        "Domestic  renewable  fuel" means a fuel, produced in the
29    United States, composed of a minimum 80%  ethanol,  bio-based
30    methanol, and fuels derived from bio-mass.
31        "E85 blend fuel" means fuel that contains 85% ethanol and
 
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 1    15% gasoline.
 2        "GVWR" means Gross Vehicle Weight Rating.
 3        "Location"  means  (i)  a parcel of real property or (ii)
 4    multiple,  contiguous  parcels  of  real  property  that  are
 5    separated by private roadways, public roadways, or private or
 6    public rights-of-way and  are  owned,  operated,  leased,  or
 7    under common control of one party.
 8        "Original   equipment  manufacturer"  or  "OEM"  means  a
 9    manufacturer of alternate fuel vehicles or a manufacturer  or
10    remanufacturer  of  alternate  fuel  engines used in vehicles
11    greater than 8500 pounds GVWR.
12        "Rental vehicle" means any motor vehicle that is owned or
13    controlled primarily for the purpose of short-term leasing or
14    rental pursuant to a contract.
15    (Source: P.A. 91-357, eff. 7-29-99; 92-858, eff. 1-3-03.)

16        (415 ILCS 120/35)
17        Sec. 35.  User fees.
18        (a)  Beginning in fiscal year 2004, During  fiscal  years
19    1999,  2000,  2001,  and  2002 the Office of the Secretary of
20    State shall collect annual user  fees  from  any  individual,
21    partnership,  association,  corporation,  or  agency  of  the
22    United States government that registers any combination of 10
23    or more of the following types of motor vehicles in the State
24    Covered Area:  (1) vehicles of the First Division, as defined
25    in  the  Illinois  Vehicle  Code;  (2) vehicles of the Second
26    Division registered under the B, D, F, H, MD, MF, MG, MH  and
27    MJ plate categories, as defined in the Illinois Vehicle Code;
28    and  (3)  commuter vans and livery vehicles as defined in the
29    Illinois  Vehicle  Code.  This  Section  does  not  apply  to
30    vehicles registered under the International Registration Plan
31    under Section 3-402.1 of the Illinois Vehicle Code. The  user
32    fee shall be $25 $20 for each vehicle registered in the State
33    Covered  Area  for  each  fiscal  year.   The  Office  of the
 
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 1    Secretary of State shall collect the  user  fee  $20  when  a
 2    vehicle's registration fee is paid.
 3        (b)  Owners   of  State,  county,  and  local  government
 4    vehicles,  rental  vehicles,   antique   vehicles,   electric
 5    vehicles,  and  motorcycles  are  exempt from paying the user
 6    fees on such vehicles.
 7        (c)  The Office of the Secretary of State  shall  deposit
 8    the user fees collected into the Alternate Fuels Fund.
 9    (Source: P.A. 92-858, eff. 1-3-03.)

10        (415 ILCS 120/40)
11        Sec. 40.  Appropriations from the Alternate Fuels Fund.
12        (a)  User  Fees  Funds.  The  Agency  shall  estimate the
13    amount of user fees expected to be collected under Section 35
14    of this Act for each fiscal year years 1999, 2000, 2001,  and
15    2002.  User fee funds shall be deposited into and distributed
16    from the Alternate Fuels Fund in the following manner:
17             (1)  In  each  of fiscal years 1999, 2000, 2001, and
18        2002, and 2003, an amount not  to  exceed  $200,000,  and
19        beginning  fiscal  year  2004,  an  amount  not to exceed
20        $225,000, may be appropriated  to  the  Agency  from  the
21        Alternate  Fuels  Fund  to pay its costs of administering
22        the programs authorized by Section 30 of this Act. Up  to
23        $200,000  may  be  appropriated  to  the  Office  of  the
24        Secretary  of  State  in each of fiscal years 1999, 2000,
25        2001, and 2002, and 2003 from the Alternate Fuels Fund to
26        pay the Secretary of State's costs of  administering  the
27        programs  authorized under this Act.  Beginning in fiscal
28        year 2004 and in each fiscal year thereafter,  an  amount
29        not  to  exceed  $225,000  may  be  appropriated  to  the
30        Secretary  of  State from the Alternate Fuels Fund to pay
31        the Secretary  of  State's  costs  of  administering  the
32        programs authorized under this Act.
33             (2)  In  fiscal  years  1999,  2000, 2001, and 2002,
 
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 1        after appropriation of the amounts authorized by item (1)
 2        of subsection (a) of this Section, the  remaining  moneys
 3        estimated  to  be collected during each fiscal year shall
 4        be appropriated as follows: 80% of the  remaining  moneys
 5        shall  be appropriated to fund the programs authorized by
 6        Section 30, and 20% shall be  appropriated  to  fund  the
 7        programs  authorized  by Section 25.  In fiscal year 2004
 8        and each fiscal year thereafter, after  appropriation  of
 9        the  amounts  authorized by item (1) of subsection (a) of
10        this  Section,  the  remaining  moneys  estimated  to  be
11        collected during each fiscal year shall  be  appropriated
12        as  follows:   70%  of  the  remaining  moneys  shall  be
13        appropriated  to  fund the programs authorized by Section
14        30 and 30% shall be appropriated  to  fund  the  programs
15        authorized by Section 31.
16             (3)  (Blank) Additional appropriations to the Agency
17        from  the  Alternate  Fuels  Fund  to  pay  its  costs of
18        administering the programs authorized by  Section  30  of
19        this  Act may be made in fiscal years following 2002, not
20        to exceed the amount of $200,000 in any fiscal  year,  if
21        funds  are  still  available  and program costs are still
22        being incurred.
23             (4)  Moneys  appropriated  to  fund   the   programs
24        authorized  in  Sections 25 and 30 shall be expended only
25        after they have been collected  and  deposited  into  the
26        Alternate Fuels Fund.
27        (b)  General Revenue Fund Appropriations. General Revenue
28    Fund amounts appropriated to and deposited into the Alternate
29    Fuels Fund shall be distributed from the Alternate Fuels Fund
30    in the following manner:
31             (1)  In  each  of  fiscal  years  2003  and 2004, an
32        amount not to exceed $50,000 may be appropriated  to  the
33        Department  of  Commerce  and  Community Affairs from the
34        Alternate Fuels Fund to pay its  costs  of  administering
 
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 1        the programs authorized by Sections 31 and 32.
 2             (2)  In  each  of  fiscal  years  2003  and 2004, an
 3        amount not to exceed $50,000 may be appropriated  to  the
 4        Department  of Commerce and Community Affairs to fund the
 5        programs authorized by Section 32.
 6             (3)  In each of fiscal years 2003  and  2004,  after
 7        appropriation  of the amounts authorized in items (1) and
 8        (2) of subsection (b)  of  this  Section,  the  remaining
 9        moneys  received  from  the General Revenue Fund shall be
10        appropriated as follows: 52.632% of the remaining  moneys
11        shall  be appropriated to fund the programs authorized by
12        Sections 25 and 30 and 47.368% of  the  remaining  moneys
13        shall  be appropriated to fund the programs authorized by
14        Section  31.     The  moneys  appropriated  to  fund  the
15        programs authorized by Sections 25 and 30 shall  be  used
16        as  follows:  20%  shall  be  used  to  fund the programs
17        authorized by Section 25, and 80% shall be used  to  fund
18        the programs authorized by Section 30.
19        Moneys  appropriated  to  fund the programs authorized in
20    Section 31 shall  be  expended  only  after  they  have  been
21    deposited into the Alternate Fuels Fund.
22    (Source: P.A. 92-858, eff. 1-3-03.)

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