Bill Text: IL HB0245 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Alternate Fuels Act. Provides that the Act's purpose shall be to encourage the use of electric power (rather than alternate fuel) in vehicles for the purpose of reducing the risks from global warming. Eliminates defined terms. Removes provisions allowing the Department of Commerce and Economic Opportunity to promulgate rules to implement a portion of the Act. Removes provisions specifying rules to be implemented. Eliminates original equipment manufacturer ("OEM") rebates and fuel cost differential rebates. Removes provisions concerning car sharing organizations.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0245 Detail]

Download: Illinois-2021-HB0245-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0245 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
415 ILCS 120/5
415 ILCS 120/10
415 ILCS 120/15
415 ILCS 120/22
415 ILCS 120/30
415 ILCS 120/31
415 ILCS 120/32
415 ILCS 120/40
415 ILCS 120/20 rep.
415 ILCS 120/24 rep.
Amends the Alternate Fuels Act. Provides that the Act's purpose shall be to encourage the use of electric power (rather than alternate fuel) in vehicles for the purpose of reducing the risks from global warming. Eliminates defined terms. Removes provisions allowing the Department of Commerce and Economic Opportunity to promulgate rules to implement a portion of the Act. Removes provisions specifying rules to be implemented. Eliminates original equipment manufacturer ("OEM") rebates and fuel cost differential rebates. Removes provisions concerning car sharing organizations.
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A BILL FOR
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AN ACT concerning safety.
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 5, 10, 15, 22, 30, 31, 32, and 40 as follows:
(415 ILCS 120/5)
Sec. 5. Purpose. The General Assembly declares that it is
the public policy of the State to promote and encourage the use
of electric alternate fuel in vehicles as a means to improve
air quality and reduce the risks from global warming in the
State and to meet the requirements of the federal Clean Air Act
Amendments of 1990 and the federal Energy Policy Act of 1992.
The General Assembly further declares that the State can play
a leadership role in the development of vehicles powered by
electricity alternate fuels, as well as in the establishment
of the necessary charging infrastructure to support this
emerging technology.
(Source: P.A. 89-410.)
(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,

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E85 blend fuel, fuel composed of a minimum 80% ethanol, 80%
bio-based methanol, fuels that are at least 80% 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.
"Car sharing organization" means an organization whose
primary business is a membership-based service that allows
members to drive cars by the hour in order to extend the public
transit system, reduce personal car ownership, save consumers
money, increase the use of alternative transportation, and
improve environmental sustainability.
"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

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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.
"E85 blend fuel" means fuel that contains 85% ethanol and
15% gasoline.
"Electric vehicle" means a vehicle that is licensed to
drive on public roadways, is predominantly powered by, and
primarily refueled with, electricity, and does not have
restrictions confining it to operate on only certain types of
streets or roads.
"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. 97-90, eff. 7-11-11.)

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(415 ILCS 120/15)
Sec. 15. Rulemaking. The Agency shall promulgate rules and
dedicate sufficient resources to implement the purposes of
Section 30 of this Act. Such rules shall be consistent with the
provisions of the Clean Air Act Amendments of 1990 and any
regulations promulgated pursuant thereto. The Secretary of
State may promulgate rules to implement Section 30 and Section
35 of this Act. The Department of Commerce and Economic
Opportunity may promulgate rules to implement Section 25 of
this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 120/22)
Sec. 22. Electric Flexible fuel vehicle database. The
Secretary of State shall, to the extent that the necessary
information is obtainable from automobile manufacturers,
compile a database of the electric flexible fuel vehicles in
the State by zip code area. The database shall be created based
upon the make, model, and vehicle identification number of
registered vehicles. The database shall include only the
number of vehicles by zip code and shall be completed and made
available to the public in both print and electronic format by
January 1, 2005. For the purposes of this Section, "flexible
fuel vehicle" means a vehicle that is capable of running on E85
blend fuel.
(Source: P.A. 93-913, eff. 8-12-04.)

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(415 ILCS 120/30)
Sec. 30. Rebate and grant program.
(a) Beginning January 1, 2020 1997, and as long as funds
are available, each owner of an electric 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 item (3) of this subsection. 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 electric alternate fuel vehicle during
the life of that vehicle. A rebate shall not exceed $24,000
$4,000 per vehicle. Over the life of this rebate program, an
owner of an electric alternate fuel vehicle or a vehicle using
domestic renewable fuel may not receive rebates for more than
15 150 vehicles per location or for 30 300 vehicles in total.
(1) A conversion cost rebate may be issued to an owner
or his or her designee in order to reduce the cost of
converting a conventional vehicle or a hybrid vehicle to
an alternate fuel vehicle. Conversion of a conventional
vehicle or a hybrid vehicle to alternate fuel capability
must take place in Illinois for the owner to be eligible

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for the conversion cost rebate. Amounts spent by
applicants within a calendar year may be claimed on a
rebate application submitted within 12 months after the
month in which the conversion of the vehicle took place.
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.
(2) 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.
Large vehicles, over 8,500 pounds gross vehicle weight,
purchased outside Illinois are eligible for an OEM
differential cost rebate if the same or a comparable

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vehicle is not available for purchase in Illinois. Amounts
spent by applicants within a calendar year may be claimed
on a rebate application submitted within 12 months after
the month in which the new OEM vehicle or engine was
purchased.
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.
(3) 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. 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

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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 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.
(b) (Blank). Vehicles owned by the federal government or
vehicles registered in a state outside Illinois are not

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eligible for rebates.
(c) Through fiscal year 2013, the Agency may make grants
to one or more car sharing organizations located and operating
in Illinois for the purchase of new electric vehicles from an
Illinois car dealership. A grant may not exceed 25% of the
total project cost, including vehicles and supporting
infrastructure.
(1) Once in each fiscal year, a car sharing
organization may submit a grant proposal to the Agency.
The information in the proposal shall, at a minimum,
consist of the following:
(A) the name, address, and locations of the car
sharing organization and its operations within
Illinois;
(B) a description of the car sharing organization,
including the number and types of vehicles currently
in the fleet and how the vehicles are strategically
located to maximize their usage along with a summary
of the demographic populations being served;
(C) a summary of average miles per year driven by
the vehicles currently in the fleet;
(D) a narrative description of the project,
including the overall plans of the organization in
acquiring electric vehicles, the makes and models and
the number of electric vehicles that will be acquired
by the funding, estimated purchase costs for each

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vehicle, how the vehicles will be refueled, and
whether the refueling locations are available to the
public or other entities, are private facilities
solely used by the organization, or a combination of
both; and
(E) a detailed project budget, including the costs
of vehicles and supporting infrastructure.
(2) The Agency may award grants and set grant amounts,
provided that the total amount of the grants does not
exceed the Agency's estimate of the amount of the annual
appropriation remaining after all rebates have been
submitted and processed.
(3) In deciding whether to award a grant, the Agency
shall consider the overall level of environmental benefits
to be realized by the proposed project.
(4) Grant funds may only be used for purchasing
electric vehicles, and shall not exceed 25% of the actual
project expenditures. A vehicle purchased using grant
funds is not eligible for any rebate authorized by this
Section. The grant shall provide funding only for the base
Manufacturer's Suggested Retail Price (MSRP) of the
vehicle and its electric motors and drivetrain system as
depicted on the window sticker or similar documents, and
is not to include add-on options such as cabin-related
product or component upgrades and extended warranties.
(5) Within one year after the date of the grant award,

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the grantee shall submit a final report to the Agency. If
there are grant funds unspent at that time, the remaining
money shall be returned to the Agency. The report shall
include the following information:
(A) the make, model, and model year of each
vehicle;
(B) the dates of vehicle purchases;
(C) the vehicle identification number (VIN);
(D) the license plate number and the state of
registration;
(E) a copy of each vehicle's window sticker or
similar document showing the base MSRP and all
options;
(F) proof of payment and purchase invoices for the
vehicles showing the Illinois car dealership where the
vehicles were purchased; and
(G) a complete financial report for the project.
(6) Vehicles purchased with grant funds must remain
registered and in service with the grantee in Illinois for
a minimum of 5 years after purchase. If a vehicle is sold
or otherwise taken out of service in Illinois earlier than
that time, then the grantee shall refund to the Agency a
prorated amount of the grant funds used to purchase that
vehicle, except if a vehicle is replaced with a comparable
vehicle or can no longer be safely operated due to an
accident or other damage.

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(Source: P.A. 96-537, eff. 8-14-09; 96-1278, eff. 7-26-10;
97-90, eff. 7-11-11.)
(415 ILCS 120/31)
Sec. 31. Electric 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 electric vehicle charging 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 shall be responsible for reviewing the proposals
and awarding the grants.
(Source: P.A. 94-62, eff. 6-20-05.)
(415 ILCS 120/32)
Sec. 32. Electric Vehicle Clean Fuel Education Program.
Subject to appropriation, the Department of Commerce and
Economic Opportunity, in cooperation with the Agency and
Chicago Area Clean Cities, shall administer the Electric
Vehicle Clean Fuel Education Program, the purpose of which is
to educate fleet administrators and Illinois' citizens about
the benefits of using electric vehicles alternate fuels. The

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program shall include a media campaign.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 120/40)
Sec. 40. Appropriations from the Alternate Fuels Fund.
(a) User Fees Funds. 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 Alternate Fuels Fund in the
following manner:
(1) An In each of fiscal years 1999, 2000, 2001, 2002,
and 2003, an amount not to exceed $200,000, and beginning
in fiscal year 2004 an annual amount not to exceed
$225,000, may be appropriated to the Agency from the
Alternate Fuels Fund to pay its costs of administering the
program programs authorized by Section 30 of this Act. An
Up to $200,000 may be appropriated to the Office of the
Secretary of State in each of fiscal years 1999, 2000,
2001, 2002, and 2003 from the Alternate Fuels Fund to pay
the Secretary of State's costs of administering the
programs authorized under this Act. Beginning in fiscal
year 2004 and in each fiscal year thereafter, an amount
not to exceed $225,000 may be appropriated to the
Secretary of State from the Alternate Fuels Fund to pay
the Secretary of State's costs of administering the
programs authorized under this Act.

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(2) After In fiscal years 1999, 2000, 2001, and 2002,
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 as follows: 80% of the remaining moneys shall
be appropriated to fund the programs authorized by Section
30, and 20% shall be appropriated to fund the programs
authorized by Section 25. In fiscal year 2004 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 as follows: 70% of the
remaining moneys shall be appropriated to fund the
programs authorized by Section 30 and 30% shall be
appropriated to fund the programs authorized by Section
31.
(3) (Blank).
(4) Moneys appropriated to fund the programs
authorized in Sections 25 and 30 and 31 shall be expended
only after they have been collected and deposited into the
Alternate Fuels Fund.
(b) General Revenue Fund Appropriations. General Revenue
Fund amounts appropriated to and deposited into the Alternate
Fuels Fund shall be distributed from the Alternate Fuels Fund
in the following manner:
(1) In each of fiscal years 2003 and 2004, an amount

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not to exceed $50,000 may be appropriated to the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) from the
Alternate Fuels Fund to pay its costs of administering the
programs authorized by Sections 31 and 32.
(2) In each of fiscal years 2003 and 2004, an amount
not to exceed $50,000 may be appropriated to the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) to fund
the programs authorized by Section 32.
(3) In each of fiscal years 2003 and 2004, after
appropriation of the amounts authorized in items (1) and
(2) of subsection (b) of this Section, the remaining
moneys received from the General Revenue Fund shall be
appropriated as follows: 52.632% of the remaining moneys
shall be appropriated to fund the programs authorized by
Sections 25 and 30 and 47.368% of the remaining moneys
shall be appropriated to fund the programs authorized by
Section 31. The moneys appropriated to fund the programs
authorized by Sections 25 and 30 shall be used as follows:
20% shall be used to fund the programs authorized by
Section 25, and 80% shall be used to fund the programs
authorized by Section 30.
Moneys appropriated to fund the programs authorized in
Section 31 shall be expended only after they have been
deposited into the Alternate Fuels Fund.

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(Source: P.A. 93-32, eff. 7-1-03; 94-793, eff. 5-19-06.)
(415 ILCS 120/20 rep.)
(415 ILCS 120/24 rep.)
Section 10. The Alternate Fuels Act is amended by
repealing Sections 20 and 24.