100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2801

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Motor Fuel Tax Law. Provides that the tax imposed on the privilege of operating motor vehicles that use liquefied natural gas or propane is 21.5 cents per gallon. Provides that the tax imposed on compressed natural gas is 19 cents per gallon. Provides that, in the case of liquefied natural gas and propane, "gallon" means a diesel gallon equivalent. Amends the Weights and Measures Act. Provides that liquefied natural gas used as motor fuel shall be sold in diesel gallon equivalents, and compressed natural gas shall be sold in gasoline gallon equivalents. Provides that propane used as motor fuel shall be sold in actual measured gallon volumetric units, subject to adjustment for the purposes of determining the diesel gallon equivalents that are subject to the tax rates under the Motor Fuel Tax Law. Amends the Environmental Impact Fee Law. Provides that no fee is imposed on the importation or receipt of liquefied natural gas (i) sold to or used by a rail carrier or (ii) consumed or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property in interstate commerce for hire on rivers bordering Illinois if the natural gas is delivered to the ship, barge, or vessel by a licensed receiver. Effective immediately.


LRB100 09030 HLH 19178 b

 

 

A BILL FOR

 

HB2801LRB100 09030 HLH 19178 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Motor Fuel Tax Law is amended by changing
5Sections 1.8, 2, 2a, and 5 and by adding Sections 1.8A, 1.8B,
6and 1.13C as follows:
 
7    (35 ILCS 505/1.8)  (from Ch. 120, par. 417.8)
8    Sec. 1.8. "Gallon" means, in addition to its ordinary
9meaning, its equivalent in a capacity of measurement of
10substance in a gaseous state. In the case of liquefied natural
11gas or propane used as motor fuel, "gallon" means a diesel
12gallon equivalent as defined by Section 1.8A of this Act.
13(Source: Laws 1961, p. 3653.)
 
14    (35 ILCS 505/1.8A new)
15    Sec. 1.8A. Diesel gallon equivalent. "Diesel gallon
16equivalent" means an amount of liquefied natural gas or propane
17that has the equivalent energy content of a gallon of diesel
18fuel and shall be defined as 6.06 pounds of liquefied natural
19gas or 6.41 pounds of propane.
 
20    (35 ILCS 505/1.8B new)
21    Sec. 1.8B. Gasoline gallon equivalent. "Gasoline gallon

 

 

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1equivalent" means an amount of compressed natural gas that has
2the equivalent energy content of a gallon of gasoline and shall
3be defined as 5.660 pounds of compressed natural gas.
 
4    (35 ILCS 505/1.13C new)
5    Sec. 1.13C. Liquefied natural gas. "Liquefied natural gas"
6means methane or natural gas in the form of a cryogenic or
7refrigerated liquid for use as a motor fuel.
 
8    (35 ILCS 505/2)  (from Ch. 120, par. 418)
9    Sec. 2. A tax is imposed on the privilege of operating
10motor vehicles upon the public highways and recreational-type
11watercraft upon the waters of this State.
12    (a) Prior to August 1, 1989, the tax is imposed at the rate
13of 13 cents per gallon on all motor fuel used in motor vehicles
14operating on the public highways and recreational type
15watercraft operating upon the waters of this State. Beginning
16on August 1, 1989 and until January 1, 1990, the rate of the
17tax imposed in this paragraph shall be 16 cents per gallon.
18Beginning January 1, 1990, the rate of tax imposed in this
19paragraph, including the tax on compressed natural gas, shall
20be 19 cents per gallon. The tax on compressed natural gas shall
21be calculated on a gasoline gallon equivalent basis as defined
22in Section 1.8B of this Act.
23    (b) The tax on the privilege of operating motor vehicles
24which use diesel fuel, liquefied natural gas, or propane shall

 

 

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1be the rate according to paragraph (a) plus an additional 2 1/2
2cents per gallon. "Diesel fuel" is defined as any product
3intended for use or offered for sale as a fuel for engines in
4which the fuel is injected into the combustion chamber and
5ignited by pressure without electric spark.
6    (c) A tax is imposed upon the privilege of engaging in the
7business of selling motor fuel as a retailer or reseller on all
8motor fuel used in motor vehicles operating on the public
9highways and recreational type watercraft operating upon the
10waters of this State: (1) at the rate of 3 cents per gallon on
11motor fuel owned or possessed by such retailer or reseller at
1212:01 a.m. on August 1, 1989; and (2) at the rate of 3 cents per
13gallon on motor fuel owned or possessed by such retailer or
14reseller at 12:01 A.M. on January 1, 1990.
15    Retailers and resellers who are subject to this additional
16tax shall be required to inventory such motor fuel and pay this
17additional tax in a manner prescribed by the Department of
18Revenue.
19    The tax imposed in this paragraph (c) shall be in addition
20to all other taxes imposed by the State of Illinois or any unit
21of local government in this State.
22    (d) Except as provided in Section 2a, the collection of a
23tax based on gallonage of gasoline used for the propulsion of
24any aircraft is prohibited on and after October 1, 1979.
25    (e) The collection of a tax, based on gallonage of all
26products commonly or commercially known or sold as 1-K

 

 

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1kerosene, regardless of its classification or uses, is
2prohibited (i) on and after July 1, 1992 until December 31,
31999, except when the 1-K kerosene is either: (1) delivered
4into bulk storage facilities of a bulk user, or (2) delivered
5directly into the fuel supply tanks of motor vehicles and (ii)
6on and after January 1, 2000. Beginning on January 1, 2000, the
7collection of a tax, based on gallonage of all products
8commonly or commercially known or sold as 1-K kerosene,
9regardless of its classification or uses, is prohibited except
10when the 1-K kerosene is delivered directly into a storage tank
11that is located at a facility that has withdrawal facilities
12that are readily accessible to and are capable of dispensing
131-K kerosene into the fuel supply tanks of motor vehicles. For
14purposes of this subsection (e), a facility is considered to
15have withdrawal facilities that are not "readily accessible to
16and capable of dispensing 1-K kerosene into the fuel supply
17tanks of motor vehicles" only if the 1-K kerosene is delivered
18from: (i) a dispenser hose that is short enough so that it will
19not reach the fuel supply tank of a motor vehicle or (ii) a
20dispenser that is enclosed by a fence or other physical barrier
21so that a vehicle cannot pull alongside the dispenser to permit
22fueling.
23    Any person who sells or uses 1-K kerosene for use in motor
24vehicles upon which the tax imposed by this Law has not been
25paid shall be liable for any tax due on the sales or use of 1-K
26kerosene.

 

 

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1(Source: P.A. 96-1384, eff. 7-29-10.)
 
2    (35 ILCS 505/2a)  (from Ch. 120, par. 418a)
3    Sec. 2a. Except as hereinafter provided, on and after
4January 1, 1990 and before January 1, 2025, a tax of
5three-tenths of a cent per gallon is imposed upon the privilege
6of being a receiver in this State of fuel for sale or use.
7    The tax shall be paid by the receiver in this State who
8first sells or uses fuel. In the case of a sale, the tax shall
9be stated as a separate item on the invoice.
10    For the purpose of the tax imposed by this Section, being a
11receiver of "motor fuel" as defined by Section 1.1 of this Act,
12and aviation fuels, home heating oil and kerosene, but
13excluding liquified petroleum gases, is subject to tax without
14regard to whether the fuel is intended to be used for operation
15of motor vehicles on the public highways and waters. However,
16no such tax shall be imposed upon the importation or receipt of
17aviation fuels and kerosene at airports with over 300,000
18operations per year, for years prior to 1991, and over 170,000
19operations per year beginning in 1991, located in a city of
20more than 1,000,000 inhabitants for sale to or use by holders
21of certificates of public convenience and necessity or foreign
22air carrier permits, issued by the United States Department of
23Transportation, and their air carrier affiliates, or upon the
24importation or receipt of aviation fuels and kerosene at
25facilities owned or leased by those certificate or permit

 

 

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1holders and used in their activities at an airport described
2above. In addition, no such tax shall be imposed upon the
3importation or receipt of diesel fuel or liquefied natural gas
4sold to or used by a rail carrier registered pursuant to
5Section 18c-7201 of the Illinois Vehicle Code or otherwise
6recognized by the Illinois Commerce Commission as a rail
7carrier, to the extent used directly in railroad operations. In
8addition, no such tax shall be imposed when the sale is made
9with delivery to a purchaser outside this State or when the
10sale is made to a person holding a valid license as a receiver.
11In addition, no tax shall be imposed upon diesel fuel or
12liquefied natural gas consumed or used in the operation of
13ships, barges, or vessels, that are used primarily in or for
14the transportation of property in interstate commerce for hire
15on rivers bordering on this State, if the diesel fuel or
16liquefied natural gas is delivered by a licensed receiver to
17the purchaser's barge, ship, or vessel while it is afloat upon
18that bordering river. A specific notation thereof shall be made
19on the invoices or sales slips covering each sale.
20(Source: P.A. 96-161, eff. 8-10-09.)
 
21    (35 ILCS 505/5)  (from Ch. 120, par. 421)
22    Sec. 5. Except as hereinafter provided, a person holding a
23valid unrevoked license to act as a distributor of motor fuel
24shall, between the 1st and 20th days of each calendar month,
25make return to the Department, showing an itemized statement of

 

 

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1the number of invoiced gallons of motor fuel of the types
2specified in this Section which were purchased, acquired,
3received, or exported during the preceding calendar month; the
4amount of such motor fuel produced, refined, compounded,
5manufactured, blended, sold, distributed, exported, and used
6by the licensed distributor during the preceding calendar
7month; the amount of such motor fuel lost or destroyed during
8the preceding calendar month; the amount of such motor fuel on
9hand at the close of business for such month; and such other
10reasonable information as the Department may require. If a
11distributor's only activities with respect to motor fuel are
12either: (1) production of alcohol in quantities of less than
1310,000 proof gallons per year or (2) blending alcohol in
14quantities of less than 10,000 proof gallons per year which
15such distributor has produced, he shall file returns on an
16annual basis with the return for a given year being due by
17January 20 of the following year. Distributors whose total
18production of alcohol (whether blended or not) exceeds 10,000
19proof gallons per year, based on production during the
20preceding (calendar) year or as reasonably projected by the
21Department if one calendar year's record of production cannot
22be established, shall file returns between the 1st and 20th
23days of each calendar month as hereinabove provided.
24    The types of motor fuel referred to in the preceding
25paragraph are: (A) All products commonly or commercially known
26or sold as gasoline (including casing-head and absorption or

 

 

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1natural gasoline), gasohol, motor benzol or motor benzene
2regardless of their classification or uses; and (B) all
3combustible gases, not including liquefied natural gas, which
4exist in a gaseous state at 60 degrees Fahrenheit and at 14.7
5pounds per square inch absolute including, but not limited to,
6liquefied petroleum gases used for highway purposes; and (C)
7special fuel. Only those quantities of combustible gases
8(example (B) above) which are used or sold by the distributor
9to be used to propel motor vehicles on the public highways, or
10which are delivered into a storage tank that is located at a
11facility that has withdrawal facilities which are readily
12accessible to and are capable of dispensing combustible gases
13into the fuel supply tanks of motor vehicles, shall be subject
14to return. Distributors of liquefied natural gas are not
15required to make returns under this Section with respect to
16that liquefied natural gas unless (i) the liquefied natural gas
17is dispensed into the fuel supply tank of any motor vehicle or
18(ii) the liquefied natural gas is delivered into a storage tank
19that is located at a facility that has withdrawal facilities
20which are readily accessible to and are capable of dispensing
21liquefied natural gas into the fuel supply tanks of motor
22vehicles. For purposes of this Section, a facility is
23considered to have withdrawal facilities that are not "readily
24accessible to and capable of dispensing combustible gases into
25the fuel supply tanks of motor vehicles" only if the
26combustible gases or liquefied natural gas are delivered from:

 

 

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1(i) a dispenser hose that is short enough so that it will not
2reach the fuel supply tank of a motor vehicle or (ii) a
3dispenser that is enclosed by a fence or other physical barrier
4so that a vehicle cannot pull alongside the dispenser to permit
5fueling. For the purposes of this Act, liquefied petroleum
6gases shall mean and include any material having a vapor
7pressure not exceeding that allowed for commercial propane
8composed predominantly of the following hydrocarbons, either
9by themselves or as mixtures: Propane, Propylene, Butane
10(normal butane or iso-butane) and Butylene (including
11isomers).
12    In case of a sale of special fuel to someone other than a
13licensed distributor, or a licensed supplier, for a use other
14than in motor vehicles, the distributor shall show in his
15return the amount of invoiced gallons sold and the name and
16address of the purchaser in addition to any other information
17the Department may require.
18    All special fuel sold or used for non-highway purposes must
19have a dye added in accordance with Section 4d of this Law.
20    In case of a tax-free sale, as provided in Section 6, of
21motor fuel which the distributor is required by this Section to
22include in his return to the Department, the distributor in his
23return shall show: (1) If the sale is made to another licensed
24distributor the amount sold and the name, address and license
25number of the purchasing distributor; (2) if the sale is made
26to a person where delivery is made outside of this State the

 

 

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1name and address of such purchaser and the point of delivery
2together with the date and amount delivered; (3) if the sale is
3made to the Federal Government or its instrumentalities the
4amount sold; (4) if the sale is made to a municipal corporation
5owning and operating a local transportation system for public
6service in this State the name and address of such purchaser,
7and the amount sold, as evidenced by official forms of
8exemption certificates properly executed and furnished by such
9purchaser; (5) if the sale is made to a privately owned public
10utility owning and operating 2-axle vehicles designed and used
11for transporting more than 7 passengers, which vehicles are
12used as common carriers in general transportation of
13passengers, are not devoted to any specialized purpose and are
14operated entirely within the territorial limits of a single
15municipality or of any group of contiguous municipalities or in
16a close radius thereof, and the operations of which are subject
17to the regulations of the Illinois Commerce Commission, then
18the name and address of such purchaser and the amount sold as
19evidenced by official forms of exemption certificates properly
20executed and furnished by the purchaser; (6) if the product
21sold is special fuel and if the sale is made to a licensed
22supplier under conditions which qualify the sale for tax
23exemption under Section 6 of this Act, the amount sold and the
24name, address and license number of the purchaser; and (7) if a
25sale of special fuel is made to someone other than a licensed
26distributor, or a licensed supplier, for a use other than in

 

 

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1motor vehicles, by making a specific notation thereof on the
2invoice or sales slip covering such sales and obtaining such
3supporting documentation as may be required by the Department.
4    All special fuel sold or used for non-highway purposes must
5have a dye added in accordance with Section 4d of this Law.
6    A person whose license to act as a distributor of motor
7fuel has been revoked shall make a return to the Department
8covering the period from the date of the last return to the
9date of the revocation of the license, which return shall be
10delivered to the Department not later than 10 days from the
11date of the revocation or termination of the license of such
12distributor; the return shall in all other respects be subject
13to the same provisions and conditions as returns by
14distributors licensed under the provisions of this Act.
15    The records, waybills and supporting documents kept by
16railroads and other common carriers in the regular course of
17business shall be prima facie evidence of the contents and
18receipt of cars or tanks covered by those records, waybills or
19supporting documents.
20    If the Department has reason to believe and does believe
21that the amount shown on the return as purchased, acquired,
22received, exported, sold, used, lost or destroyed is incorrect,
23or that an amount of motor fuel of the types required by the
24second paragraph of this Section to be reported to the
25Department has not been correctly reported the Department shall
26fix an amount for such receipt, sales, export, use, loss or

 

 

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1destruction according to its best judgment and information,
2which amount so fixed by the Department shall be prima facie
3correct. All returns shall be made on forms prepared and
4furnished by the Department, and shall contain such other
5information as the Department may reasonably require. The
6return must be accompanied by appropriate computer-generated
7magnetic media supporting schedule data in the format required
8by the Department, unless, as provided by rule, the Department
9grants an exception upon petition of a taxpayer. All licensed
10distributors shall report all losses of motor fuel sustained on
11account of fire, theft, spillage, spoilage, leakage, or any
12other provable cause when filing the return for the period
13during which the loss occurred. If the distributor reports
14losses due to fire or theft, then the distributor must include
15fire department or police department reports and any other
16documentation that the Department may require. The mere making
17of the report does not assure the allowance of the loss as a
18reduction in tax liability. Losses of motor fuel as the result
19of evaporation or shrinkage due to temperature variations may
20not exceed 1% of the total gallons in storage at the beginning
21of the month, plus the receipts of gallonage during the month,
22minus the gallonage remaining in storage at the end of the
23month. Any loss reported that is in excess of 1% shall be
24subject to the tax imposed by Section 2 of this Law. On and
25after July 1, 2001, for each 6-month period January through
26June, net losses of motor fuel (for each category of motor fuel

 

 

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1that is required to be reported on a return) as the result of
2evaporation or shrinkage due to temperature variations may not
3exceed 1% of the total gallons in storage at the beginning of
4each January, plus the receipts of gallonage each January
5through June, minus the gallonage remaining in storage at the
6end of each June. On and after July 1, 2001, for each 6-month
7period July through December, net losses of motor fuel (for
8each category of motor fuel that is required to be reported on
9a return) as the result of evaporation or shrinkage due to
10temperature variations may not exceed 1% of the total gallons
11in storage at the beginning of each July, plus the receipts of
12gallonage each July through December, minus the gallonage
13remaining in storage at the end of each December. Any net loss
14reported that is in excess of this amount shall be subject to
15the tax imposed by Section 2 of this Law. For purposes of this
16Section, "net loss" means the number of gallons gained through
17temperature variations minus the number of gallons lost through
18temperature variations or evaporation for each of the
19respective 6-month periods.
20(Source: P.A. 96-1384, eff. 7-29-10.)
 
21    Section 10. The Weights and Measures Act is amended by
22changing Sections 2 and 8 as follows:
 
23    (225 ILCS 470/2)  (from Ch. 147, par. 102)
24    Sec. 2. Definitions. As used in this Act:

 

 

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1    "Person" means both singular and plural as the case
2demands, and includes individuals, partnerships, corporations,
3companies, societies and associations.
4    "Weights and measures" means all weights and measures of
5every kind, instruments and devices for weighing and measuring,
6and any appliances and accessories associated with any or all
7such instruments and devices, including all grain moisture
8measuring devices, but does not include meters for the
9measurement of electricity, gas (natural or manufactured) or
10water operated in a public utility system. These electricity
11meters, gas meters, and water meters, and their appliances or
12accessories, and slo flo meters, are specifically excluded from
13the scope and applicability of this Act.
14    "Sell" and "sale" includes barter and exchange.
15    "Director" means the Director of Agriculture.
16    "Department" means the Department of Agriculture.
17    "Inspector" means an inspector of weights and measures of
18this State.
19    "Sealer" and "deputy sealer" mean, respectively, a sealer
20of weights and measures and a deputy sealer of weights and
21measures of a city.
22    "Intrastate commerce" means any and all commerce or trade
23that is commenced, conducted and completed wholly within the
24limits of this State, and the phrase "introduced into
25intrastate commerce" means the time and place at which the
26first sale and delivery being made either directly to the

 

 

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1purchaser or to a carrier for shipment to the purchaser.
2    "Commodity in package form" means a commodity put up or
3packaged in any manner in advance of sale in units suitable for
4either wholesale or retail sale, excluding any auxiliary
5shipping container enclosing packages which individually
6conform to the requirements of this Act. An individual item or
7lot of any commodity not in package form as defined in this
8Section but on which there is marked a selling price based on
9an established price per unit of weight or of measure shall be
10deemed a commodity in package form.
11    "Consumer package" and "package of consumer commodity"
12mean any commodity in package form that is customarily produced
13or distributed for sale through retail sales agencies or
14instrumentalities for consumption by individuals or use by
15individuals for the purposes of personal care or in the
16performance of services ordinarily rendered in or about the
17household or in connection with personal possessions, and which
18usually is consumed or expended in the course of such
19consumption or use.
20    "Nonconsumer package" and "package of nonconsumer
21commodity" mean any commodity in package form other than a
22consumer package, and particularly a package designed solely
23for industrial or institutional use or for wholesale
24distribution only.
25    "Certificate of Conformance" means a document issued by the
26National Conference on Weights and Measures based on testing in

 

 

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1participating laboratories that indicates that the weights and
2measures or weighing and measuring device conform with the
3requirements of National Institute of Standards and
4Technology's Handbooks 44, 105-1, 105-2, 105-3, 105-4, or 105-8
5and any subsequent revisions or supplements thereto.
6    "Prepackage inspection violation" means that the majority
7of the lots of prepackaged commodities inspected at a single
8location are found to have one or more packages below the
9maximum allowable variation as published in the National
10Institute of Standards and Technology Handbook 133 or the
11majority of the lots inspected at a single location are found
12to be below the stated net weight declaration on an average.
13    "Diesel gallon equivalent" means 6.06 pounds of liquefied
14natural gas or 6.41 pounds of propane.
15    "Gasoline gallon equivalent" means 5.660 pounds of
16compressed natural gas.
17(Source: P.A. 96-1333, eff. 7-27-10.)
 
18    (225 ILCS 470/8)  (from Ch. 147, par. 108)
19    Sec. 8. Regulations; issuance; contents. The Director
20shall from time to time issue reasonable regulations for
21enforcement of this Act that shall have the force and effect of
22law. In determining these regulations, he shall appoint,
23consult with, and be advised by committees representative of
24industries to be affected by the regulations. These regulations
25may include (1) standards of net weight, measure or count, and

 

 

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1reasonable standards of fill, for any commodity in package
2form, (2) rules governing the technical and reporting
3procedures to be followed and the report and record forms and
4marks of approval and rejection to be used by inspectors of
5weights and measures in the discharge of their official duties,
6and (3) exemptions from the sealing or marking requirements of
7Section 14 of this Act with respect to weights and measures of
8such character or size that such sealing or marking would be
9inappropriate, impracticable, or damaging to the apparatus in
10question. These regulations shall include specifications,
11tolerances, and regulations for weights and measures, of the
12character of those specified in Section 10 of this Act,
13designed to eliminate from use (without prejudice to apparatus
14that conforms as closely as practicable to the official
15standards) such weights and measures as are (1) inaccurate, (2)
16of faulty construction (that is, not reasonably permanent in
17their adjustment or not capable of correct repetition of their
18indications), or (3) conducive to the perpetration of fraud.
19Specifications, tolerances, and regulations for commercial
20weighing and measuring devices recommended by the National
21Institute of Standards and Technology and published in National
22Institute of Standards and Technology Handbook 44 and
23supplements thereto or in any publication revising or
24superseding Handbook 44, shall be the specifications,
25tolerances, and regulations for commercial weighing and
26measuring devices of this State, except insofar as specifically

 

 

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1modified, amended, or rejected by a regulation issued by the
2Director. Notwithstanding the provisions of this paragraph,
3liquefied natural gas and propane used as motor fuel shall be
4sold in diesel gallon equivalents, and compressed natural gas
5shall be sold in gasoline gallon equivalents. Propane used as
6motor fuel shall be sold in actual measured gallon volumetric
7units, which shall then be multiplied by 0.651 to determine the
8diesel gallon equivalents that are subject to tax under the
9Motor Fuel Tax Law.
10    The National Institute of Standards and Technology
11Handbook 133 and its supplements, or any publication revising
12or superseding Handbook 133, shall be the method for checking
13the net contents of commodities in package form. The National
14Institute of Standards and Technology Handbooks 105-1, 105-2,
15105-3, 105-4, 105-8, and their supplements, or any publication
16revising or superseding Handbooks 105-1, 105-2, 105-3, 105-4,
17and 105-8 shall be specifications and tolerances for reference
18standards and field standards weights and measures.
19    For purposes of this Act, apparatus shall be deemed
20"correct" when it conforms to all applicable requirements
21promulgated as specified in this Section. Apparatus that does
22not conform to all applicable requirements shall be deemed
23"incorrect".
24    The Director is authorized to prescribe by regulation,
25after public hearings, container sizes for fluid dairy products
26and container sizes for ice cream, frozen desserts, and similar

 

 

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1items.
2    For the purposes of this Act, any apparatus certified by
3the Department or city sealer as of July 1, 2012 satisfies
4construction and installation requirements.
5    The Uniform Packaging and Labeling Regulation and the
6Uniform Regulation for the Method of Sale of Commodities in the
7National Institute of Standards and Technology Handbook 130,
8and any of its subsequent supplements or revisions, shall be
9the requirements and standards governing the packaging,
10labeling, and method of sale of commodities for this State,
11except insofar as specifically modified, amended, or rejected
12by regulation issued by the Director, and except that liquefied
13natural gas used as motor fuel shall be sold in diesel gallon
14equivalents, and compressed natural gas shall be sold in
15gasoline gallon equivalents.
16(Source: P.A. 98-342, eff. 8-13-13.)
 
17    Section 15. The Environmental Impact Fee Law is amended by
18changing Section 310 as follows:
 
19    (415 ILCS 125/310)
20    (Section scheduled to be repealed on January 1, 2025)
21    Sec. 310. Environmental impact fee; imposition. Beginning
22January 1, 1996, all receivers of fuel are subject to an
23environmental impact fee of $60 per 7,500 gallons of fuel, or
24an equivalent amount per fraction thereof, that is sold or used

 

 

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1in Illinois. The fee shall be paid by the receiver in this
2State who first sells or uses the fuel. The environmental
3impact fee imposed by this Law replaces the fee imposed under
4the corresponding provisions of Article 3 of Public Act 89-428.
5Environmental impact fees paid under that Article 3 shall
6satisfy the receiver's corresponding liability under this Law.
7    A receiver of fuels is subject to the fee without regard to
8whether the fuel is intended to be used for operation of motor
9vehicles on the public highways and waters. However, no fee
10shall be imposed upon the importation or receipt of aviation
11fuels and kerosene at airports with over 170,000 operations per
12year, located in a city of more than 1,000,000 inhabitants, for
13sale to or use by holders of certificates of public convenience
14and necessity or foreign air carrier permits, issued by the
15United States Department of Transportation, and their air
16carrier affiliates, or upon the importation or receipt of
17aviation fuels and kerosene at facilities owned or leased by
18those certificate or permit holders and used in their
19activities at an airport described above. In addition, no fee
20may be imposed upon the importation or receipt of diesel fuel
21or liquefied natural gas sold to or used by a rail carrier
22registered under Section 18c-7201 of the Illinois Vehicle Code
23or otherwise recognized by the Illinois Commerce Commission as
24a rail carrier, to the extent used directly in railroad
25operations. In addition, no fee may be imposed when the sale is
26made with delivery to a purchaser outside this State or when

 

 

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1the sale is made to a person holding a valid license as a
2receiver. In addition, no fee shall be imposed upon diesel fuel
3or liquefied natural gas consumed or used in the operation of
4ships, barges, or vessels, that are used primarily in or for
5the transportation of property in interstate commerce for hire
6on rivers bordering on this State, if the diesel fuel or
7liquefied natural gas is delivered by a licensed receiver to
8the purchaser's barge, ship, or vessel while it is afloat upon
9that bordering river. A specific notation thereof shall be made
10on the invoices or sales slips covering each sale.
11(Source: P.A. 92-232, eff. 8-2-01.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    35 ILCS 505/1.8from Ch. 120, par. 417.8
4    35 ILCS 505/1.8A new
5    35 ILCS 505/1.8B new
6    35 ILCS 505/1.13C new
7    35 ILCS 505/2from Ch. 120, par. 418
8    35 ILCS 505/2afrom Ch. 120, par. 418a
9    35 ILCS 505/5from Ch. 120, par. 421
10    225 ILCS 470/2from Ch. 147, par. 102
11    225 ILCS 470/8from Ch. 147, par. 108
12    415 ILCS 125/310