Bill Text: IL HB2903 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Alternate Fuels Act. Requires $500,000 of the amount that is appropriated for rebate programs under the Act during fiscal years 2012 and 2013 to be designated instead to fund a grant program to support the adoption of electric vehicles powered by solar generation. Requires the Environmental Protection Agency in fiscal year 2012 and, again, in fiscal year 2013 to make a grant of $500,000 to a not-for-profit car-sharing organization. Authorizes the grant funds to be used to purchase electric vehicles from an original equipment manufacturer that operates a manufacturing facility in Illinois. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 19-5)

Status: (Passed) 2011-07-11 - Public Act . . . . . . . . . 97-0090 [HB2903 Detail]

Download: Illinois-2011-HB2903-Chaptered.html



Public Act 097-0090
HB2903 EnrolledLRB097 10774 JDS 51198 b
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 10 and 30 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% 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
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. 94-62, eff. 6-20-05.)
(415 ILCS 120/30)
Sec. 30. Rebate and grant program.
(a) 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 item (3) of
this 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.
(1) (a) 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
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) (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.
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
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) (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. 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
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) (d) Vehicles owned by the federal government or
vehicles registered in a state outside Illinois are not
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
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,
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.
(Source: P.A. 96-537, eff. 8-14-09; 96-1278, eff. 7-26-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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