Find Legal Information

415 ILCS 120/ Alternate Fuels Act.

(415 ILCS 120/1)     Sec. 1. Short title. This Act may be cited as the Alternate Fuels Act. (Source: P.A. 89‑410.)

(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 alternate fuel in vehicles as a means to improve air quality 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 alternate fuels, as well as in the establishment of the necessary 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, 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.
    "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.
    "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 120/15)
    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 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 120/20)     Sec. 20. Rules. Rules implementing Section 30 of this Act shall include, but are not limited to, calculation of fuel cost differential rebates and designation of acceptable conversion and OEM technologies.     In designating acceptable conversion or OEM technologies, the Agency shall favor, when available, technology that is in compliance with the federal Clean Air Act Amendments of 1990 and applicable implementing federal regulations. Conversion and OEM technologies that demonstrate emission reduction capabilities that meet or exceed emission standards applicable for the vehicle's model year and weight class shall be acceptable. Standards requiring proper installation of approved conversion technologies shall be included in the recommended rules.     Notwithstanding the above, engines used in alternate fuel vehicles greater than 8500 pounds GVWR, whether new or remanufactured, shall meet the appropriate United States Environmental Protection Agency emissions standards at the time of manufacture, and if converted, shall meet the standards in effect at the time of conversion. (Source: P.A. 90‑726, eff. 8‑7‑98; 91‑798, eff. 7‑9‑00.)

    (415 ILCS 120/21)
    Sec. 21. (Repealed).
(Source: P.A. 94‑793, eff. 5‑19‑06. Repealed by P.A. 96‑323, eff. 8‑11‑09.)

(415 ILCS 120/22)     Sec. 22. 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 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.)

    (415 ILCS 120/23)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 23. Alternate Fuels Commission.
    (a) The Alternate Fuels Commission is established within the Department of Commerce and Economic Opportunity. The Commission shall investigate and recommend strategies that the Governor and the General Assembly may implement to promote the use of alternate fuels and biodiesel fuels and to encourage the use of vehicles that utilize alternate fuels and biodiesel fuels. The Commission shall also identify mechanisms that promote research into alternate fuels and biodiesel fuels.
    (b) The Commission shall identify mechanisms that promote effective communication and coordination of efforts between this State and local governments, private industry, and institutes of higher education concerning the investigation, research into, and promotion of alternate fuels and biodiesel fuels.
    (c) The Commission may also review and recommend changes to any State regulation that may hinder the use, research, and development of alternate fuels, biodiesel fuels, and vehicles that are able to utilize those fuels.
    (d) The Commission shall consist of the following members, appointed by the Governor within 90 days of the effective date of this Act:
        (1) The Director of Commerce and Economic Opportunity

(or his or her designee), who shall serve as the chair of the Commission.

(2) The Director of Agriculture (or his or her

designee).

(3) At least one member from an association

representing corn growers.

(4) At least one member from an association

representing soybean producers.

(5) One representative of a general agricultural

production association.

(6) One representative of automotive fuel blenders in

this State.

(7) One representative of retail petroleum sellers in

this State.

(8) One representative of petroleum suppliers in this

State.

(9) One representative of biodiesel fuel producers.         (10) One representative of ethanol producers.         (11) One representative of environmental

organizations.

(12) Three representatives of the automotive

manufacturing industry.

(13) Three representatives of colleges and

universities in this State that are engaged in alternate fuel or biodiesel fuel research.

(14) Any other member that the Governor concludes is

necessary to further the Commission's purposes.

(e) No later than one year after the effective date of this amendatory Act of the 96th General Assembly, the Commission shall issue a written report on its investigation and recommendations to the General Assembly and the Governor. Follow‑up reports shall be issued at least annually and may be issued more frequently if the Commission deems it advisable.     (f) This Section is repealed effective January 1, 2012. (Source: P.A. 96‑323, eff. 8‑11‑09; 96‑1000, eff. 7‑2‑10.)

    (415 ILCS 120/24)
    Sec. 24. Flexible fuel vehicle notification.
    (a) Beginning July 1, 2010 and through June 30, 2014, the Secretary of State must notify each owner of a first division licensed motor vehicle that many motor vehicles are capable of using E85 blended fuel. This notice must be included on the motor vehicle sticker renewal form mailed to the owner by the Office of the Secretary of State.
    (b) The notice must include the following text:
        E85 blended fuel reduces reliance on foreign oil and

supports Illinois agriculture.

(Source: P.A. 96‑510, eff. 8‑14‑09; 96‑1000, eff. 7‑2‑10.)

    (415 ILCS 120/25)
    Sec. 25. Ethanol fuel research program. The Department of Commerce and Economic Opportunity shall administer a research program to reduce the costs of producing ethanol fuels and increase the viability of ethanol fuels, new ethanol engine technologies, and ethanol refueling infrastructure. This research shall be funded from the Alternate Fuels Fund. The research program shall remain in effect, subject to appropriation after calendar year 2004, or until funds are no longer available.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (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 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.
    (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.
    (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.
    (d) Vehicles owned by the federal government or vehicles registered in a state outside Illinois are not eligible for rebates.
(Source: P.A. 96‑537, eff. 8‑14‑09; 96‑1278, eff. 7‑26‑10.)

    (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 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. 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 Clean Fuel Education Program, the purpose of which is to educate fleet administrators and Illinois' citizens about the benefits of using alternate fuels. The program shall include a media campaign.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

(415 ILCS 120/35)     Sec. 35. User fees.     (a) The Office of the Secretary of State shall collect annual user fees from any individual, partnership, association, corporation, or agency of the United States government that registers any combination of 10 or more of the following types of motor vehicles in the Covered Area: (1) vehicles of the First Division, as defined in the Illinois Vehicle Code; (2) vehicles of the Second Division registered under the B, D, F, H, MD, MF, MG, MH and MJ plate categories, as defined in the Illinois Vehicle Code; and (3) commuter vans and livery vehicles as defined in the Illinois Vehicle Code. This Section does not apply to vehicles registered under the International Registration Plan under Section 3‑402.1 of the Illinois Vehicle Code. The user fee shall be $20 for each vehicle registered in the Covered Area for each fiscal year. The Office of the Secretary of State shall collect the $20 when a vehicle's registration fee is paid.     (b) Owners of State, county, and local government vehicles, rental vehicles, antique vehicles, electric vehicles, and motorcycles are exempt from paying the user fees on such vehicles.     (c) The Office of the Secretary of State shall deposit the user fees collected into the Alternate Fuels Fund. (Source: P.A. 92‑858, eff. 1‑3‑03; 93‑32, eff. 7‑1‑03.)

    (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) 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 programs authorized by Section 30 of this Act. 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.

(2) 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 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

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. (Source: P.A. 93‑32, eff. 7‑1‑03; 94‑793, eff. 5‑19‑06.)

(415 ILCS 120/45)     Sec. 45. Alternate Fuels Fund; creation; deposit of user fees. A separate fund in the State Treasury called the Alternate Fuels Fund is created, into which shall be transferred the user fees as provided in Section 35 and any other revenues, deposits, State appropriations, contributions, grants, gifts, bequests, legacies of money and securities, or transfers as provided by law from, without limitation, governmental entities, private sources, foundations, trade associations, industry organizations, and not‑for‑profit organizations. (Source: P.A. 92‑858, eff. 1‑3‑03.)

(415 ILCS 120/900)     Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 89‑410; text omitted.)

(415 ILCS 120/999)     Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 89‑410.)