il-v50i41-35-ill-adm-code-275: 35 Ill. Adm. Code 275 — Electric Vehicle Rebate Program

1) Heading of the Part: Electric Vehicle Rebate Program 2) Code Citation: 35 Ill. Adm. Code 275 3) Section Numbers: Proposed Actions: 275.120 Amendment 275.200 Amendment 275.230 Amendment 275.240 Amendment 275.250 Amendment 4) Statutory Authority: Implementing and authorized by Sections 15 and 27 of the Electric Vehicle Rebate Act [415 ILCS 120/15 and 27]. 5) A Complete Description of the Subjects and Issues Involved: Illinois EPA has made amendments to clarify terms and procedures for individuals applying for an electric vehicle rebate and to implement recent amendments to the Electric Vehicle Rebate Act in PA 104-006, effective June 16, 2025. The statutory amendments edit definitions, change certain applicant and vehicle eligibility requirements, and lowers the rebate amount available for certain eligible applicants who are not low-income. 6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None 7) Will this proposed rulemaking replace an emergency rule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Do these proposed amendments contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: This rulemaking will not create or expand a State mandate under the State Mandates Act [30 ILCS 805]. 12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Persons who wish to submit comments on the proposed rules may submit them in writing by no later than 45 days after publication of this Notice to: Sarah McKavetz Division of Legal Counsel Illinois Environmental Protection Agency 2520 W. Iles Ave. P.O. Box 19276 Springfield, Illinois 62794-9276 Phone: (217) 782-5544 Email: sarah.mckavetz@illinois.gov 13) Initial Regulatory Flexibility Analysis: A) Description of the type of small business, not for profit corporations or small municipalities subject to the proposed amendments: This rulemaking will not directly impact small businesses, small municipalities and not for profit corporations. B) Description of the proposed reporting, bookkeeping and other procedures required for compliance with the amendments: The amendments clarify requirements and procedures for individuals applying for an electric vehicle rebate, and the information and documentation that must be provided. C) Description of the types of professional skills necessary for compliance: None 14) Small Business Economic Impact Analysis: No impact on small businesses is expected. 15) Regulatory Agenda on which this rulemaking was summarized: January 2026 16) Any other information or justification for the proposed rule or amendment that the agency believes would be helpful to the public regarding the proposed rule or amendment. For example, a discussion or analysis of the benefits of the proposed rule or amendment is projected to have on the Illinois public, consumers, investors or other similar groups. None The full text of the Proposed Amendments begins on the next page: ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY PART 275 ELECTRIC VEHICLE REBATE PROGRAM SUBPART A: GENERAL PROVISIONS Section 275.100 Purpose 275.110 Other Definitions 275.120 Definitions 275.130 Abbreviations and Acronyms 275.140 Incorporations by Reference (Repealed) SUBPART B: ELECTRIC VEHICLE REBATE Section 275.200 Eligibility 275.210 Conversion Cost Rebate Eligibility (Repealed) 275.215 OEM Differential Cost Rebate Eligibility (Repealed) 275.220 Fuel Cost Differential Rebate Eligibility (Repealed) 275.230 Applications 275.240 Rebate Priorities and Rebate Amounts 275.250 Appeal of Agency Decision SUBPART C: ELECTRIC VEHICLE CAR SHARING GRANTS Section 275.300 Availability and Limitations of Grants (Repealed) 275.310 Grant Application Requirements (Repealed) 275.320 Agency Action on Grant Applications (Repealed) 275.330 Grant Agreement and Amendments (Repealed) 275.340 Access (Repealed) 275.350 Audit and Records (Repealed) 275.360 Grant Reporting Requirements (Repealed) 275.370 Final Inspection (Repealed) 275.380 Noncompliance (Repealed) ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 275.390 Project Suspension (Repealed) 275.400 Grant Termination by the Agency (Repealed) 275.410 Agency Recovery and Reimbursement of Grant Funds (Repealed) 275.420 Indemnification (Repealed) 275.430 Disputes (Repealed) 275.APPENDIX A Annual Fuel Cost Differential For LDVs (Repealed) AUTHORITY: Implementing and authorized by Sections 15 and 27 of the Electric Vehicle Rebate Act [415 ILCS 120/15 and 27]. SOURCE: Adopted at 21 Ill. Reg. 7150, effective May 29, 1997; amended at 23 Ill. Reg. 11916, effective September 13, 1999; amended at 25 Ill. Reg. 6877, effective May 18, 2001; amended at 34 Ill. Reg. 16841, effective October 18, 2010; amended at 36 Ill. Reg. 14230, effective September 10, 2012; recodified at 46 Ill. Reg. 3042; amended at 46 Ill. Reg. 11451, effective June 21, 2022; amended at 50 Ill. Reg. ______, effective ____________. SUBPART A: GENERAL PROVISIONS Section 275.120 Definitions "Act" means the Electric Vehicle Rebate Act [415 ILCS 120]. "Agency" means the Illinois Environmental Protection Agency. "Electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, must be plugged in to charge, and is legally permittedlicensed to drive on all public roadways, including interstate highways. "Electric vehicle" does not include electric mopeds, electric off-highway vehicles primarily intended to be driven off-highway, including golf carts and electric vehicles with a maximum speed below 45 miles per hour, or hybrid electric vehicles and extended-range electric vehicles that are also equipped with conventional fueled propulsion or auxiliary engines. [415 ILCS 120/10] "Eligible applicant" means persons and families whose income does not exceed 500% of the latest available federal poverty line for the current State fiscal year and who may not be claimed as a dependent. [415 ILCS 120/10] "Current State fiscal year" means the most recently completed State fiscal year. ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS "Eligible vehicle" means an electric vehicle with a selling price not exceeding $80,000 as shown on the bill of sale, that has not previously received a rebate under the Act. State and local taxes, license and registration fees, documentary service fees, and aftermarket products, including, but not limited to, extended warranties, service contracts, and other voluntary vehicle protection products, are excluded from the calculation of the selling price if separately itemized on the bill of sale, purchase agreement, or similar dealership documentation. Down payments, the trade-in value of another vehicle, manufacturer rebates, and government incentives and credits shall not be deemed to reduce the selling price. [415 ILCS 120/10] "Low-income applicants""Low income" means persons and families whose income does not exceed 80% of the regional or countyState median income for the current State fiscal year, as established by the United States Department of Housing and Urban Development's Illinois Income Limits by metropolitan area and countyHealth and Human Services. [415 ILCS 120/10] "Current State fiscal year" means the most recently completed State fiscal year. "Owner" means any individual who has legal title to a motor vehicle. "Proof of purchase" means a copy of a canceled check, an invoice, or bill showing that the applicable amount has been paid andor that no remaining balance exists, or other appropriate proof, acceptable to the Agency, that full payment has been made for the related purchase. "Purchaser" means an individual who purchases an electric vehicle. (Source: Amended at 50 Ill. Reg. ______, effective ____________) SUBPART B: ELECTRIC VEHICLE REBATE Section 275.200 Eligibility a) On and after July 1, 2022, each eligible applicantindividual who purchases an eligibleelectric vehicle and satisfies the criteria set forth in this Section is eligible to receive a rebate under this Part. To be eligible to receive a rebate, a purchaser must: 1) Reside in Illinois, both at the time the vehicle was purchased and at the time the rebate is issued. [415 ILCS 120/27(b)(1)] 2) Not have received a rebate under the Act in the 10 years prior to the date an application is received by the Agency. A rebate may only be applied for and awarded once per purchaser in any 10-year period. [415 ILCS 120/27(f)] 3) Purchase a new or used electric vehicle in Illinois on or after July 1, 2022, from a dealership licensed by the Illinois Secretary of State and be the owner of the vehicle at the time the rebate is issued. Rented or leased vehicles, vehicles purchased from an out-of-state dealership, and vehicles delivered to or received by the purchaser out-of-state are not eligible for a rebate under the Act. [415 ILCS 120/27(b)(2)] Vehicles purchased by a trust or business entity, or by an individual and a trust or business entity, are not eligible for a rebate. 4) Purchase an electric vehicle that has never been the subject of a rebate issued under the Act. A rebate administered under this Act may only be applied for and awarded one time per vehicle identification number. [415 ILCS 120/27(f)] The Agency will provide on its website a searchable list of vehicle identification numbers for vehicles that have received a rebate under the Act. 5) Apply for the rebate within 18090 days after the vehicle purchase date by providing all of the information specified in Section 275.230 to the Agency. [415 ILCS 120/27(b)(3)] The application must be postmarked within 18090 days after the vehicle purchase date. An application with no postmark date will be deemed postmarked on the date it is received by the Agency. 6) Apply for the rebate during an open rebate cycle, as identified by the Agency. [415 ILCS 120/27(b)(4)] If there is no open rebate cycle within 180 days after the vehicle purchase date, the vehicle is not eligible for a rebate. b) The purchaser must retain ownership of the vehicle for a minimum of 12 consecutive months immediately after the vehicle purchase date. The purchaser must register the vehicle in Illinois during that time frame. Rebate recipients who ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS fail to satisfy any of the above criteria will be required to reimburse the Agency all of the original rebate amount and shall notify the Agency within 60 days of failing to satisfy the criteria. [415 ILCS 120/27(d)] c) Rebates will be issued in accordance with Section 275.240 of this Subpart. The total amount of all rebates issued in the Electric Vehicle Rebate Program for a given calendar year will be limited to an amount not exceeding the funds available in the Electric Vehicle Rebate Fund for that calendar year. d) For program auditing purposes, the Agency may request from a rebate recipient additional information and documentation evidencing eligibility for a rebate issued on or after July 1, 2025, including copies of income tax returns that corroborate the certification referenced in Section 275.230(a)(9). If requested by the Agency, a rebate recipient shall provide the information and documentation within the timeframe specified in the Agency's request. If the rebate recipient fails to provide the information and documentation requested by the Agency by the specified deadline, or if the information and documentation provided evidences that the rebate recipient was not eligible for the rebate or fails to corroborate the certification referenced in Section 275.230(a)(9), the rebate recipient shall reimburse the Agency all or part of the original rebate amount. [415 ILCS 120/27(g)] (Source: Amended at 50 Ill. Reg. ______, effective ____________) Section 275.230 Applications a) To apply for a rebate, a purchaser must provide the Agency with the following, on a form prescribed by the Agency: 1) The make, model and model year of original manufacture of the eligibleelectric vehicle that was purchased; 2) The date of vehicle purchase, the name, address, and telephone number of the dealership from which the vehicle was purchased, the dealership's license number issued by the Illinois Secretary of State, and a certification from the dealership that all information is true and correct; 3) The vehicle identification number (VIN); 4) A copy of the purchaser's Illinois vehicle registration, temporary permit, Illinois Secretary of State application for vehicle registration, or a printout from the Illinois Secretary of State website showing that the applicant's vehicle registration is in the process of being issued; 5) Proof of purchase; 6) The purchaser's name, physical address, mailing address (if different from the physical address), phone number, and, if available, email address; 7) Proof of vehicle ownership and that the vehicle was purchased in Illinois, including a copy of a purchase agreement noting an Illinois seller [415 ILCS 120/27(b)(3)]; 8) The purchaser's social security number (SSN). For any purchaser without an SSN, the purchaser's taxpayer identification numberFor purchasers with a social security number, a completed IRS W-9 that includes the purchaser's name, mailing address, and social security number. For all other purchasers, an IRS W-8 that includes the purchaser's name, mailing address, and taxpayer identification number; 9) A statement certifying that the purchaser qualifies as an eligible applicant; and 109) The signature of the purchaser attesting that all information is true and correct, printed name, and date signed. b) In addition to the information and documentation set forth in subsection (a), purchasers who believe they qualify as low-income applicants shall provide the Agency with a statement certifying that the total combined gross income of all persons over the age of 18 living at the purchaser's residence and related to the purchaser by blood, marriage, or adoption does not exceed 80% of the regional or countyState median income. c) The purchaser must notify the Agency of any changes in residency or ownership of the vehicle that occur between application for a rebate and issuance of a rebate. [415 ILCS 120/27(b)(3)] (Source: Amended at 50 Ill. Reg. ______, effective ____________) Section 275.240 Rebate Priorities and Rebate Amounts a) Rebates shall be in the amounts specified below, but in no event shall a rebate amount exceed the purchase price of the vehicle: 1) Beginning July 1, 20252022, $2,000$4,000 for eligible applicants toward the purchase of a new or usedan electric vehicle that is not an electric motorcycle and a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle. Low-income applicants are eligible for an additional $2,000 rebate for new or used vehicles that are not electric motorcycles.; 2) Beginning July 1, 2026, $2,000 for an electric vehicle that is not an electric motorcycle; 23) Beginning July 1, 2028, $1,500 for eligible applicants toward the purchase of a new or usedan electric vehicle that is not an electric motorcycle and $750 for the purchase of an electric vehicle that is an electric motorcycle. Low-income applicants are eligible for an additional $1,500 for new or used vehicles that are not electric motorcycles. [415 ILCS 120/27(a)]; 4) Beginning July 1, 2022, $1,500 for an electric motorcycle. [415 ILCS 120/27(a)] b) The Agency shall review and approve applications that meet the requirements of Section 275.230 of this Subpart, consistent with fund availability and prioritization as set forth in subsections (c) and (d). c) The Agency shall prioritize the review of qualified applications from low-income applicant purchasers and award rebates to qualified purchasers accordingly. [415 ILCS 120/27(c)] d) In addition to the priority in subsection (c), the Agency will further prioritize applications within a priority class as determined by subsection (c) by giving applications priority in the order in which the application was received. The Agency shall prioritize applications outside the priority class as determined by subsection (c) by giving such applications priority in the order in which the ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS application was received. e) Pursuant to subsections (c) and (d), qualified applications received during each rebate application cycle will be divided into those from low-income applicants and those from applicants who are not low-income. Within each group, applications will be ranked in order of date received. The Agency will review applications and issue rebates in the order of date received to qualified low- income applicants first. If funding remains, the Agency will review applications and issue rebates in the order of date received to qualified applicants who are not low-income. f) The Agency's denial of an application shall not prohibit an individual from re- applying, provided the individual continues to meet the eligibility requirements found in Section 275.200. g) The Agency will establish the duration of each rebate application cycle based on factors including available funding amounts, the ramifications of particular rebate cycle lengths, efficiency of rebate issuance, the likelihood of oversubscription, and the prioritization of the review of applications from low-income applicantspurchasers pursuant to subsection (c). However, in no case will an application cycle be less than 90 calendar days. The length of a rebate cycle will be noted on the Agency's website at the beginning of each cycle. (Source: Amended at 50 Ill. Reg. ______, effective ____________) Section 275.250 Appeal of Agency Decision a) An eligible applicant whose application for a rebate has been denied by the Agency, or who is contesting the determination of the amount of the rebate, may appeal the denial or rebate amount by filing a notice of appeal with the Director of the Agency. b) The notice of appeal must: 1) Be made in writing; 2) Clearly indicate that the applicant is appealing an electric vehicle rebate denialBe clearly marked "APPEAL OF ELECTRIC VEHICLE REBATE"; 3) Include a copy of the original application and a copy of the denial letter or rebate check received by the applicant; and 4) Identify which provisions of this Part the Agency did not properly apply and provide an explanation how the Agency allegedly misapplied the provisions of this Part. c) The notice of appeal must be postmarked within 30 days after the date of mailing of the denial letter or issuance of the rebate, as applicable. d) The Director shall reverse the denial or rebate amount determination if the procedures in this Part were incorrectly applied, resulting in a denial or a rebate determination that is less than the amount for which the applicant is entitled. Additional, supplemental, or new information and documentation provided by the applicant with the appeal shall not be considered, if not previously provided with the original rebate application. e) If the Director reverses the denial of the rebate, the applicant will be paid the rebate amount. f) If the Director modifies the amount of the rebate, the applicant will be paid the difference between the amount of the rebate check and the modified amount. g) If the Director affirms the Agency's denial or rebate amount determination, the applicant may file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or in the Illinois county in which the applicant resides. (Source: Amended at 50 Ill. Reg. ______, effective ____________) DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED AMENDMENTS