Full Text of HB2899 101st General Assembly
HB2899ham001 101ST GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 3/22/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2899
| 2 | | AMENDMENT NO. ______. Amend House Bill 2899 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Alternate Fuels Act is amended by changing | 5 | | Sections 5, 10, 15, 22, 30, 31, 32, 35, and 40 as follows:
| 6 | | (415 ILCS 120/5)
| 7 | | Sec. 5. Purpose. The General Assembly declares that
it is | 8 | | the public policy of the State to promote and encourage
the use | 9 | | of electric alternate fuel in vehicles as a means to improve | 10 | | air
quality and reduce the risks from global warming in the | 11 | | State and to meet the requirements of the federal
Clean Air Act | 12 | | Amendments of 1990 and the federal Energy Policy
Act of 1992. | 13 | | The General Assembly further declares that the
State can play a | 14 | | leadership role in the development of vehicles
powered by | 15 | | electricity alternate fuels , as well as in the establishment of
| 16 | | the necessary charging infrastructure to support this emerging |
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| 1 | | technology.
| 2 | | (Source: P.A. 89-410.)
| 3 | | (415 ILCS 120/10)
| 4 | | Sec. 10. Definitions. As used in this Act:
| 5 | | "Agency" means the Environmental Protection Agency.
| 6 | | "Alternate fuel" means liquid petroleum gas, natural gas,
| 7 | | E85 blend fuel, fuel composed of a minimum 80% ethanol, 80%
| 8 | | bio-based
methanol, fuels that are at least 80% derived from | 9 | | biomass,
hydrogen fuel, or
electricity, excluding on-board | 10 | | electric generation.
| 11 | | "Alternate fuel vehicle" means any vehicle that is
operated | 12 | | in Illinois and is capable of using an alternate fuel.
| 13 | | "Biodiesel fuel" means a renewable fuel conforming to the | 14 | | industry standard
ASTM-D6751 and registered with the U.S. | 15 | | Environmental Protection Agency.
| 16 | | "Car sharing organization" means an organization whose | 17 | | primary business is a membership-based service that allows | 18 | | members to drive cars by the hour in order to extend the public | 19 | | transit system, reduce personal car ownership, save consumers | 20 | | money, increase the use of alternative transportation, and | 21 | | improve environmental sustainability. | 22 | | "Conventional", when used to modify the word "vehicle",
| 23 | | "engine", or "fuel", means gasoline or diesel or any
| 24 | | reformulations of those fuels.
| 25 | | "Covered Area" means the counties of Cook, DuPage, Kane, |
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| 1 | | Lake, McHenry, and
Will and those portions of Grundy County and | 2 | | Kendall County that are included
in the following ZIP code | 3 | | areas, as designated by the U.S. Postal Service on
the | 4 | | effective date of this amendatory Act of 1998: 60416, 60444, | 5 | | 60447, 60450,
60481, 60538, and 60543.
| 6 | | "Director" means the Director of the Environmental | 7 | | Protection Agency.
| 8 | | "Domestic renewable fuel" means a fuel, produced in the
| 9 | | United States, composed of a minimum 80% ethanol, 80% bio-based
| 10 | | methanol, or 20% biodiesel fuel.
| 11 | | "E85 blend fuel" means fuel that contains 85% ethanol and | 12 | | 15% gasoline.
| 13 | | "Electric vehicle" means a vehicle that is licensed to | 14 | | drive on public roadways, is predominantly powered by, and | 15 | | primarily refueled with, electricity, and does not have | 16 | | restrictions confining it to operate on only certain types of | 17 | | streets or roads. | 18 | | "GVWR" means Gross Vehicle Weight Rating.
| 19 | | "Location" means (i) a parcel of real property or (ii)
| 20 | | multiple, contiguous parcels of real property that are | 21 | | separated
by private roadways, public roadways, or private or | 22 | | public
rights-of-way and are owned, operated, leased, or under | 23 | | common
control of one party.
| 24 | | "Original equipment manufacturer" or "OEM" means a
| 25 | | manufacturer of alternate fuel vehicles or a manufacturer or
| 26 | | remanufacturer of alternate fuel engines used in vehicles |
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| 1 | | greater
than 8500 pounds GVWR.
| 2 | | "Rental vehicle" means any motor vehicle that is owned
or | 3 | | controlled primarily for the purpose of short-term leasing or
| 4 | | rental pursuant to a contract.
| 5 | | (Source: P.A. 97-90, eff. 7-11-11.)
| 6 | | (415 ILCS 120/15)
| 7 | | Sec. 15. Rulemaking. The Agency shall promulgate rules
and | 8 | | dedicate sufficient resources to implement the purposes of
| 9 | | Section 30 of this Act. Such rules shall be
consistent with the | 10 | | provisions of the Clean Air Act Amendments of 1990 and any
| 11 | | regulations promulgated pursuant thereto. The Secretary of | 12 | | State may
promulgate rules to implement Section 30 and Section | 13 | | 35 of this Act. The Department of
Commerce and Economic | 14 | | Opportunity may promulgate rules to implement Section 25 of
| 15 | | this Act.
| 16 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 17 | | (415 ILCS 120/22)
| 18 | | Sec. 22. Electric Flexible fuel vehicle database. The | 19 | | Secretary of State shall, to the extent that the necessary | 20 | | information is obtainable from automobile manufacturers,
| 21 | | compile a database of the electric flexible fuel vehicles in | 22 | | the State by zip code area.
The database shall be created based | 23 | | upon the make, model, and
vehicle identification number of | 24 | | registered vehicles. The database shall
include only the number
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| 1 | | of vehicles by zip code , distinguish between First Division and | 2 | | Second Division vehicles, and shall be completed and made | 3 | | available to the
public in both print and electronic format by | 4 | | January 1, 2020 2005 . For the
purposes of this Section, | 5 | | "flexible fuel vehicle" means a vehicle that is
capable of | 6 | | running on E85 blend fuel.
| 7 | | (Source: P.A. 93-913, eff. 8-12-04.) | 8 | | (415 ILCS 120/30)
| 9 | | Sec. 30. Rebate and grant program. | 10 | | (a) Beginning January 1, 2020 1997 , and as long as funds
| 11 | | are available, each owner of an electric
alternate fuel
vehicle | 12 | | that is subject to paying user fees under Section 35 or has | 13 | | been subject to paying those user fees during any of the | 14 | | previous 5 years shall be eligible to apply for a rebate. | 15 | | Within Illinois, owners of county or local government vehicles | 16 | | shall also be eligible to apply for a rebate.
Beginning July 1, | 17 | | 2005, each owner of a vehicle using domestic renewable fuel
is | 18 | | eligible to apply for a fuel cost differential rebate under | 19 | | item (3) of this subsection.
The Agency
shall cause rebates to | 20 | | be
issued under the provisions of this Act. The Agency shall | 21 | | dedicate a minimum of 25% of the funds allocated for electric | 22 | | vehicle rebates to electric vehicles classified as Second | 23 | | Division vehicles. The total amount of rebates issued during | 24 | | any fiscal year shall not exceed the amount of funds allocated | 25 | | to the Agency for rebates for that fiscal year. If rebate |
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| 1 | | requests exceed the available funding in any fiscal year, the | 2 | | Agency may issue rebates to applicants in a subsequent fiscal | 3 | | year. An owner may
apply for only one of 3 types of rebates | 4 | | with
regard to an individual alternate fuel vehicle: (i) a
| 5 | | conversion cost rebate, (ii) an OEM differential cost rebate, | 6 | | or
(iii) a fuel cost differential rebate. Only one rebate may | 7 | | be
issued with regard to a particular electric alternate fuel | 8 | | vehicle during
the life of that vehicle. A rebate shall not | 9 | | exceed $4,000 per
vehicle. Over the life of this rebate | 10 | | program, an owner of an electric
alternate fuel vehicle or a | 11 | | vehicle using domestic renewable fuel may not
receive rebates | 12 | | for more than 50 150
vehicles per location or for 100 300 | 13 | | vehicles in total.
| 14 | | (1) A conversion cost rebate may be issued to an
owner | 15 | | or his or her designee in order to reduce the cost of
| 16 | | converting a conventional vehicle or a hybrid vehicle to an | 17 | | alternate fuel
vehicle. Conversion of a conventional | 18 | | vehicle or a hybrid vehicle to alternate fuel
capability | 19 | | must take place in Illinois for the owner to be
eligible | 20 | | for the conversion cost rebate. Amounts spent by
applicants | 21 | | within a calendar year may be claimed on a rebate
| 22 | | application submitted within 12 months after the month in | 23 | | which the conversion of the vehicle took place. Approved
| 24 | | conversion cost rebates applied for during or after | 25 | | calendar year 1997 shall be 80% of all
approved conversion
| 26 | | costs claimed and documented. Approval of conversion cost |
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| 1 | | rebates may
continue after calendar year 2002, if funds are | 2 | | still available. An
applicant
may include on an
application | 3 | | submitted in 1997 all amounts spent within that
calendar | 4 | | year on the conversion, even if the expenditure
occurred | 5 | | before promulgation of the Agency rules.
| 6 | | (2) An OEM differential cost rebate may be issued to
an | 7 | | owner or his or her designee in order to reduce the cost
| 8 | | differential between a conventional vehicle or engine and | 9 | | the
same vehicle or engine, produced by an original | 10 | | equipment
manufacturer, that has the capability to use | 11 | | alternate fuels.
| 12 | | A new OEM vehicle or engine must be purchased in | 13 | | Illinois
and must either be an alternate fuel vehicle or | 14 | | used in an
alternate fuel vehicle, respectively, for the | 15 | | owner to be
eligible for an OEM differential cost rebate. | 16 | | Large vehicles, over 8,500 pounds gross vehicle weight, | 17 | | purchased outside Illinois are eligible for an OEM | 18 | | differential cost rebate if the same or a comparable | 19 | | vehicle is not available for purchase in Illinois. Amounts | 20 | | spent by
applicants within a calendar year may be claimed | 21 | | on a rebate
application submitted within 12 months after | 22 | | the month in which the new OEM vehicle or engine was | 23 | | purchased.
| 24 | | Approved OEM differential cost rebates applied for | 25 | | during
or after calendar year 1997 shall be 80% of all
| 26 | | approved cost differential claimed and documented. |
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| 1 | | Approval of OEM
differential cost rebates may continue | 2 | | after calendar year 2002, if funds are
still
available. An | 3 | | applicant
may include on an application submitted in 1997 | 4 | | all amounts
spent within that calendar year on OEM | 5 | | equipment, even if the
expenditure occurred before | 6 | | promulgation of the Agency rules.
| 7 | | (3) A fuel cost differential rebate may be issued to
an | 8 | | owner or his or her designee in order to reduce the cost
| 9 | | differential between conventional fuels and domestic | 10 | | renewable
fuels or alternate fuels purchased to operate an | 11 | | alternate fuel vehicle. The fuel cost differential shall be
| 12 | | based on a 3-year life cycle cost analysis developed by the
| 13 | | Agency by rulemaking. The rebate shall apply to and be
| 14 | | payable during a consecutive 3-year period commencing on | 15 | | the
date the application is approved by the Agency. | 16 | | Approved
fuel cost differential rebates may be applied for | 17 | | during or after calendar
year 1997 and approved
rebates | 18 | | shall be
80% of the cost differential for a consecutive | 19 | | 3-year period.
Approval of fuel cost differential rebates | 20 | | may continue after calendar year
2002 if funds are still | 21 | | available.
| 22 | | Twenty-five percent of the amount
that is appropriated | 23 | | under Section 40 to be used to fund programs
authorized by | 24 | | this Section during calendar year 2001 shall be
designated | 25 | | to fund fuel cost differential rebates. If the total
dollar | 26 | | amount of approved fuel cost differential rebate
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| 1 | | applications as of July 1, 2001 is less than the amount
| 2 | | designated for that calendar year, the balance of | 3 | | designated
funds shall be immediately available to fund any | 4 | | rebate
authorized by this Section and approved in the | 5 | | calendar year.
| 6 | | An approved fuel cost differential rebate shall be paid | 7 | | to an owner
in 3 annual installments on or about the | 8 | | anniversary date of the
approval of the application. Owners | 9 | | receiving a fuel cost
differential rebate shall be required | 10 | | to demonstrate, through
recordkeeping, the use of domestic | 11 | | renewable fuels during the
3-year period commencing on the | 12 | | date the application is approved
by the Agency. If the | 13 | | vehicle ceases to be
registered to the original applicant | 14 | | owner, a prorated
installment shall be paid to that owner | 15 | | or the owner's designee
and the remainder of the rebate | 16 | | shall be canceled.
| 17 | | (b) Vehicles owned by the federal government or
vehicles | 18 | | registered in a state outside Illinois are not eligible
for | 19 | | rebates.
| 20 | | (c) Through fiscal year 2013, the Agency may make grants to | 21 | | one or more car sharing organizations located and operating in | 22 | | Illinois for the purchase of new electric vehicles from an | 23 | | Illinois car dealership. A grant may not exceed 25% of the | 24 | | total project cost, including vehicles and supporting | 25 | | infrastructure. | 26 | | (1) Once in each fiscal year, a car sharing |
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| 1 | | organization may submit a grant proposal to the Agency. The | 2 | | information in the proposal shall, at a minimum, consist of | 3 | | the following: | 4 | | (A) the name, address, and locations of the car | 5 | | sharing organization and its operations within | 6 | | Illinois; | 7 | | (B) a description of the car sharing organization, | 8 | | including the number and types of vehicles currently in | 9 | | the fleet and how the vehicles are strategically | 10 | | located to maximize their usage along with a summary of | 11 | | the demographic populations being served; | 12 | | (C) a summary of average miles per year driven by | 13 | | the vehicles currently in the fleet; | 14 | | (D) a narrative description of the project, | 15 | | including the overall plans of the organization in | 16 | | acquiring electric vehicles, the makes and models and | 17 | | the number of electric vehicles that will be acquired | 18 | | by the funding, estimated purchase costs for each | 19 | | vehicle, how the vehicles will be refueled, and whether | 20 | | the refueling locations are available to the public or | 21 | | other entities, are private facilities solely used by | 22 | | the organization, or a combination of both; and | 23 | | (E) a detailed project budget, including the costs | 24 | | of vehicles and supporting infrastructure. | 25 | | (2) The Agency may award grants and set grant amounts, | 26 | | provided that the total amount of the grants does not |
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| 1 | | exceed the Agency's estimate of the amount of the annual | 2 | | appropriation remaining after all rebates have been | 3 | | submitted and processed. | 4 | | (3) In deciding whether to award a grant, the Agency | 5 | | shall consider the overall level of environmental benefits | 6 | | to be realized by the proposed project. | 7 | | (4) Grant funds may only be used for purchasing | 8 | | electric vehicles, and shall not exceed 25% of the actual | 9 | | project expenditures. A vehicle purchased using grant | 10 | | funds is not eligible for any rebate authorized by this | 11 | | Section. The grant shall provide funding only for the base | 12 | | Manufacturer's Suggested Retail Price (MSRP) of the | 13 | | vehicle and its electric motors and drivetrain system as | 14 | | depicted on the window sticker or similar documents, and is | 15 | | not to include add-on options such as cabin-related product | 16 | | or component upgrades and extended warranties. | 17 | | (5) Within one year after the date of the grant award, | 18 | | the grantee shall submit a final report to the Agency. If | 19 | | there are grant funds unspent at that time, the remaining | 20 | | money shall be returned to the Agency. The report shall | 21 | | include the following information: | 22 | | (A) the make, model, and model year of each | 23 | | vehicle; | 24 | | (B) the dates of vehicle purchases; | 25 | | (C) the vehicle identification number (VIN); | 26 | | (D) the license plate number and the state of |
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| 1 | | registration; | 2 | | (E) a copy of each vehicle's window sticker or | 3 | | similar document showing the base MSRP and all options; | 4 | | (F) proof of payment and purchase invoices for the | 5 | | vehicles showing the Illinois car dealership where the | 6 | | vehicles were purchased; and | 7 | | (G) a complete financial report for the project. | 8 | | (6) Vehicles purchased with grant funds must remain | 9 | | registered and in service with the grantee in Illinois for | 10 | | a minimum of 5 years after purchase. If a vehicle is sold | 11 | | or otherwise taken out of service in Illinois earlier than | 12 | | that time, then the grantee shall refund to the Agency a | 13 | | prorated amount of the grant funds used to purchase that | 14 | | vehicle, except if a vehicle is replaced with a comparable | 15 | | vehicle or can no longer be safely operated due to an | 16 | | accident or other damage. | 17 | | (Source: P.A. 96-537, eff. 8-14-09; 96-1278, eff. 7-26-10; | 18 | | 97-90, eff. 7-11-11.)
| 19 | | (415 ILCS 120/31)
| 20 | | Sec. 31. Electric Alternate Fuel Infrastructure Program. | 21 | | Subject to appropriation,
the
Department of Commerce and | 22 | | Community Affairs
(now Department of Commerce and Economic | 23 | | Opportunity ) shall establish a grant program to provide funding | 24 | | for the building of electric vehicle charging
E85 blend,
| 25 | | propane, at least 20% biodiesel blended fuel, and compressed |
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| 1 | | natural gas (CNG) fueling facilities, including private | 2 | | charging
on-site fueling facilities , to be built within the | 3 | | State
the
covered area or in Illinois metropolitan areas over | 4 | | 100,000 in population .
The
Department of Commerce and Economic | 5 | | Opportunity
shall be responsible for
reviewing the
proposals | 6 | | and awarding the grants.
| 7 | | (Source: P.A. 94-62, eff. 6-20-05.)
| 8 | | (415 ILCS 120/32)
| 9 | | Sec. 32. Electric Vehicle Clean Fuel Education Program. | 10 | | Subject to appropriation, the
Department of Commerce and | 11 | | Economic Opportunity,
in cooperation with the Agency
and | 12 | | Chicago Area Clean Cities, shall administer the Electric | 13 | | Vehicle Clean Fuel
Education Program, the
purpose
of which is | 14 | | to educate fleet administrators and Illinois' citizens about | 15 | | the
benefits of using electric vehicles
alternate fuels . The | 16 | | program shall include a media campaign.
| 17 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 18 | | (415 ILCS 120/35)
| 19 | | Sec. 35. User fees.
| 20 | | (a) The Office of
the Secretary of State shall collect | 21 | | annual user fees from any individual,
partnership, | 22 | | association, corporation, or agency of the United States
| 23 | | government that registers any combination of 10 or more of the | 24 | | following types
of motor vehicles in the Covered Area: (1) |
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| 1 | | vehicles of the First Division,
as defined in the Illinois | 2 | | Vehicle Code; (2) vehicles of the Second Division
registered | 3 | | under the B, D, F, H, MD, MF, MG, MH and MJ plate categories, as
| 4 | | defined in the Illinois Vehicle Code; and (3) commuter vans and | 5 | | livery vehicles
as defined in the Illinois Vehicle Code. This | 6 | | Section does not apply to
vehicles registered under the | 7 | | International Registration Plan under Section
3-402.1 of the | 8 | | Illinois Vehicle Code. The user fee shall be $30 $20 for each
| 9 | | vehicle registered in the Covered Area for each fiscal year. | 10 | | The Office of
the Secretary of State shall collect the $30 $20 | 11 | | when a vehicle's registration
fee is paid.
| 12 | | (b) Owners of State, county, and local government
vehicles, | 13 | | rental vehicles, antique vehicles, expanded-use antique | 14 | | vehicles, electric vehicles,
and motorcycles are exempt from | 15 | | paying the user fees on such
vehicles.
| 16 | | (c) The Office of the Secretary of State shall deposit the | 17 | | user fees
collected into the Alternate Fuels Fund.
| 18 | | (Source: P.A. 97-412, eff. 1-1-12.)
| 19 | | (415 ILCS 120/40)
| 20 | | Sec. 40. Appropriations from the Alternate Fuels Fund.
| 21 | | (a) User Fees Funds. The Agency shall estimate the amount | 22 | | of user fees
expected to be collected under Section 35 of this | 23 | | Act for each fiscal
year. User fee funds shall be
deposited | 24 | | into and distributed from the Alternate Fuels Fund in the | 25 | | following
manner:
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| 1 | | (1) An In each of fiscal years 1999, 2000, 2001, 2002, | 2 | | and 2003,
an amount not to exceed $200,000, and beginning | 3 | | in fiscal year 2004 an
annual amount not to exceed | 4 | | $225,000, may be appropriated to the Agency
from the | 5 | | Alternate Fuels Fund to pay its costs of administering the | 6 | | program programs
authorized by Section 30 of this Act. An | 7 | | Up to $200,000 may be appropriated to
the Office of the | 8 | | Secretary of State in each of fiscal years 1999, 2000, | 9 | | 2001, 2002, and 2003 from the Alternate Fuels Fund to pay | 10 | | the Secretary
of State's costs of administering the | 11 | | programs authorized under this Act.
Beginning in fiscal | 12 | | year 2004 and in each fiscal year thereafter, an amount
not | 13 | | to exceed $225,000 may be appropriated to the Secretary of | 14 | | State from the
Alternate Fuels Fund to pay the Secretary of | 15 | | State's costs of administering the
programs authorized | 16 | | under this Act.
| 17 | | (2) After In fiscal years 1999, 2000, 2001, and 2002, | 18 | | after appropriation of
the amounts authorized by item (1) | 19 | | of subsection (a) of this Section, the
remaining moneys | 20 | | estimated to be
collected during each fiscal year shall be | 21 | | appropriated as follows: 80% of
the remaining moneys shall | 22 | | be appropriated to fund the programs authorized by
Section | 23 | | 30, and 20% shall be appropriated to fund the programs | 24 | | authorized by
Section 25. In fiscal year 2004 and each | 25 | | fiscal year thereafter, after
appropriation of the amounts | 26 | | authorized by item (1) of subsection (a) of this
Section, |
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| 1 | | the remaining moneys estimated to be collected during each | 2 | | fiscal year
shall be appropriated as follows: 70% of the | 3 | | remaining moneys shall be
appropriated to fund the programs | 4 | | authorized by Section 30 and 30% shall be
appropriated to | 5 | | fund the programs authorized by Section 31.
| 6 | | (3) (Blank).
| 7 | | (4) Moneys appropriated to fund the programs | 8 | | authorized
in Sections 25 and 30 and 31 shall be expended | 9 | | only after they have been
collected and deposited into the | 10 | | Alternate Fuels Fund.
| 11 | | (b) General Revenue Fund Appropriations. General Revenue | 12 | | Fund amounts
appropriated to and deposited into the Alternate | 13 | | Fuels Fund shall be
distributed from the Alternate Fuels Fund | 14 | | in the following manner:
| 15 | | (1) In each of fiscal years 2003 and 2004, an amount | 16 | | not to exceed
$50,000 may be appropriated to the
Department | 17 | | of Commerce and Community Affairs
(now Department of | 18 | | Commerce and Economic Opportunity) from the Alternate | 19 | | Fuels Fund to pay
its costs of administering the programs | 20 | | authorized by Sections 31 and 32.
| 21 | | (2) In each of fiscal years 2003 and 2004, an amount | 22 | | not to exceed
$50,000 may be appropriated to the Department | 23 | | of Commerce and Community Affairs
(now Department of | 24 | | Commerce and Economic Opportunity) to fund the programs | 25 | | authorized by Section 32.
| 26 | | (3) In each of fiscal years 2003 and 2004, after |
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| 1 | | appropriation of the
amounts authorized in items (1) and | 2 | | (2) of subsection (b) of this Section, the
remaining moneys | 3 | | received from the General Revenue Fund shall be | 4 | | appropriated
as follows: 52.632% of the remaining moneys | 5 | | shall be appropriated to fund the
programs authorized by | 6 | | Sections 25 and 30 and 47.368% of the remaining moneys
| 7 | | shall be appropriated to fund the programs authorized by | 8 | | Section 31.
The moneys appropriated to fund the programs | 9 | | authorized by Sections 25
and 30 shall be used as follows: | 10 | | 20% shall be used to fund the
programs authorized by | 11 | | Section 25, and 80% shall be used to fund
the programs | 12 | | authorized by Section 30.
| 13 | | Moneys appropriated to fund the programs authorized in | 14 | | Section 31
shall be expended only after they have been | 15 | | deposited into the
Alternate Fuels Fund.
| 16 | | (Source: P.A. 93-32, eff. 7-1-03; 94-793, eff. 5-19-06.)
| 17 | | (415 ILCS 120/20 rep.) | 18 | | (415 ILCS 120/24 rep.) | 19 | | Section 10. The Alternate Fuels Act is amended by repealing | 20 | | Sections 20 and 24.".
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