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91_HB4713
LRB9113617DHmb
1 AN ACT to amend the Motor Fuel and Petroleum Standards
2 Act by changing Sections 2, 3, 4.1, 7, and 7.1 and adding
3 Section 4.2.
4 WHEREAS, The intent of the General Assembly is not to
5 unconstitutionally restrict legitimate interstate commerce,
6 but to constitutionally (i) aid the federal government in its
7 nationwide goal to phase out the use of methyl tertiary butyl
8 ether (MTBE) and (ii) pursue the compelling public interest
9 of protecting Illinois groundwater resources; therefore
10 Be it enacted by the People of the State of Illinois,
11 represented in the General Assembly:
12 Section 5. The Motor Fuel and Petroleum Standards Act is
13 amended by changing Sections 2, 3, 4.1, 7, and 7.1 and adding
14 Section 4.2 as follows:
15 (815 ILCS 370/2) (from Ch. 5, par. 1702)
16 Sec. 2. It is hereby declared to be the policy of this
17 State that the regulation of the quality of motor fuel and
18 petroleum is in the public interest and that the promulgation
19 of standards of quality will benefit the citizens of the
20 State of Illinois. It is further declared to be the public
21 policy of this State that MTBE must be removed from Illinois
22 motor fuel.
23 (Source: P.A. 86-232.)
24 (815 ILCS 370/3) (from Ch. 5, par. 1703)
25 Sec. 3. As used in this Act, unless the context
26 otherwise requires:
27 (1) "ASTM" means the American Society for Testing and
28 Materials, an international, nonprofit, technical, scientific
29 and educational society devoted to the promotion of knowledge
30 of the materials of engineering, and the standardization of
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1 specifications and methods of testing.
2 (2) "Motor Fuel" shall have the meaning ascribed to that
3 term in Section 1.1 of the "Motor Fuel Tax Law", as now or
4 hereafter amended.
5 (3) "Petroleum" means all illuminating oils, heating
6 oils, LP gas, kerosene, gasoline, diesel and all volatile and
7 inflammable liquids produced, blended or compounded for the
8 purpose of, or which are suitable or practicable for,
9 operating motor vehicles.
10 (4) "Department" means the Illinois Department of
11 Agriculture.
12 (5) "Person" means an individual, a corporation,
13 company, society, association, partnership or governmental
14 entity.
15 (6) "Distributor" shall have the meaning ascribed to
16 that term in Section 1.2 of the "Motor Fuel Tax Law", as now
17 or hereafter amended, and any person who either produces,
18 refines, blends, transports, compounds or manufactures
19 petroleum in this State for the purposes of resale.
20 (7) "Director" means the Director of the Illinois
21 Department of Agriculture or authorized designee.
22 (8) "Retailer" shall have the meaning ascribed to that
23 term in Section 2 of the "Use Tax Act", as now or hereafter
24 amended and any person engaged in the business of selling
25 petroleum directly to the ultimate consumer.
26 (9) (Blank). "Co-solvent" means an alcohol that is
27 miscible with methanol and has a molecular weight equal to or
28 greater than that of butanol.
29 (10) "Methyl tertiary butyl ether" or "MTBE" means an
30 oxygenate additive that is blended with motor fuel to enable
31 the motor fuel to meet U.S. Environmental Protection Agency
32 mandates under the federal Clean Air Act.
33 (Source: P.A. 86-232.)
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1 (815 ILCS 370/4.1) (from Ch. 5, par. 1704.1)
2 Sec. 4.1. (a) Upon any retail motor fuel dispensing
3 device which is used to dispense a motor fuel containing at
4 least 1% by volume of ethanol, of methanol, or of a
5 combination thereof, there shall be displayed a label which
6 identifies the maximum percentage by volume, to the nearest
7 whole percent, of ethanol, of methanol, and of co-solvent
8 contained in the motor fuel. Such labelling shall be done in
9 contrasting colors with block letters at least 1/2 inch in
10 height and 1/4 inch in width, and not more than one inch in
11 height and 1/2 inch in width, and shall be visible to
12 customers. Devices used to dispense only motor fuels which
13 contain a total of less than 1% by volume of methanol and
14 ethanol need not be so labelled.
15 (b) Each seller of a motor fuel which contains methanol
16 or ethanol shall notify the purchaser thereof of the
17 percentage by volume of ethanol, of methanol, and of
18 co-solvent which has have been added to such motor fuel, and
19 this information shall appear on the bill of lading, manifest
20 or delivery ticket for such motor fuel. However, this
21 subsection (b) shall not apply to sales at retail.
22 (c) No motor fuel, whether or not it contains any lead
23 or lead compounds, may contain more ethanol or methanol than
24 is permitted, or contain less co-solvent than is required, by
25 the United States Environmental Protection Agency for
26 unleaded motor fuels under Section 211(f) of the federal
27 Clean Air Act.
28 (d) All motor fuel sold or offered for sale by the
29 distributor shall contain the percentage and type of alcohol
30 as stated on the bill of lading, manifest, or delivery
31 ticket.
32 (Source: P.A. 86-232.)
33 (815 ILCS 370/4.2 new)
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1 Sec. 4.2. No MTBE in motor fuel. Sale of any motor fuel
2 containing any amount of MTBE is a violation of this Act.
3 (815 ILCS 370/7) (from Ch. 5, par. 1707)
4 Sec. 7. Administrative hearing and penalties. When an
5 administrative hearing is held, the hearing officer, upon
6 determination of a violation of this Act or rules, other than
7 violation of subsection (a) of Section 7.1, shall:
8 (a) Levy the following administrative monetary
9 penalties:
10 (1) $100 for a first violation;
11 (2) $750 for a second violation within 2 years of
12 the first violation; and
13 (3) $1500 for a third or subsequent violation
14 within 2 years of the second violation; or
15 (b) refer the violations to the States Attorney's Office
16 in the county where the violation occurred for prosecution.
17 Any penalty levied shall be collected by the Department
18 and paid into the Motor Fuel and Petroleum Standards Fund.
19 Monetary penalties not paid within 60 days of notice from the
20 Department shall be submitted to the Attorney General's
21 Office for collection.
22 All decisions and actions of the Department are subject
23 to the Illinois Administrative Procedure Act and the
24 Department's Administrative Rules which pertain to
25 administrative hearings, petitions, proceedings, contested
26 cases, declaratory rulings and availability of Department
27 files for public access.
28 All final administrative decisions of the Department
29 shall be subject to judicial review pursuant to the
30 provisions of the Administrative Review Law, and all
31 amendments and modifications thereof, and the rules adopted
32 pursuant thereto. The term "administrative decision" is
33 defined in Section 3-101 of the Code of Civil Procedure.
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1 (Source: P.A. 88-582, eff. 1-1-95.)
2 (815 ILCS 370/7.1)
3 Sec. 7.1. Octane display standards; administrative
4 penalty.
5 (a) Every retailer of motor fuel must display the octane
6 number of the fuel being dispensed on each motor fuel device
7 that is dispensing a gasoline product. The octane number
8 shall be displayed on the fuel dispensing device in a manner
9 consistent with regulations promulgated by the Federal Trade
10 Commission in 16 CFR part 306. It is a violation of this
11 subsection Sec. to display an octane number that is greater
12 than the octane number of the gasoline being dispensed.
13 (a-5) Every retailer of motor fuel must display a
14 statement informing the customer that, in compliance with
15 Illinois law, the motor fuel being sold does not contain
16 MTBE. The statement shall be displayed on the fuel dispensing
17 device in a manner consistent with regulations promulgated by
18 the Federal Trade Commission in 16 CFR part 306. Failure to
19 display the statement is a violation of this Act.
20 (b) A hearing officer that, after an administrative
21 hearing held in accordance with the provisions of Section 7,
22 determines that a violation of subsection (a) of this Section
23 has been committed shall impose a monetary penalty in
24 accordance with the following schedule:
25 (1) For a first time violation if the actual octane
26 number is found by the petroleum laboratory to be lower
27 than the posted octane number by:
28 (A) at least 0.8, but not more than 2.0 octane
29 numbers, $100;
30 (B) at least 2.1, but not more than 3.0 octane
31 numbers, $200;
32 (C) at least 3.1, but not more than 4.0 octane
33 numbers, $300;
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1 (D) at least 4.1, but not more than 5.0 octane
2 numbers, $400;
3 (E) at least 5.1, but not more than 6.0 octane
4 numbers, $500;
5 (F) more than 6.0 octane numbers, $1,000.
6 (2) For a second violation, at the same location
7 under the same ownership, within 2 years of the first
8 violation if the actual octane number is found by the
9 petroleum testing laboratory to be lower than the posted
10 octane number by:
11 (A) at least 0.8, but not more than 2.0 octane
12 numbers, $200;
13 (B) at least 2.1, but not more than 3.0 octane
14 numbers, $400;
15 (C) at least 3.1, but not more than 4.0 octane
16 numbers, $600;
17 (D) at least 4.1, but not more than 5.0 octane
18 numbers, $800;
19 (E) at least 5.1, but not more than 6.0 octane
20 numbers, $1,000;
21 (F) more than 6.0 octane numbers, $2,000.
22 (3) For a third or subsequent violation, at the
23 same location under the same ownership, within 2 years of
24 the second violation if the actual octane number is found
25 by the petroleum testing laboratory to be lower than the
26 posted octane number by:
27 (A) at least 0.8, but not more than 2.0
28 octane numbers, $400;
29 (B) at least 2.1, but not more than 3.0
30 octane numbers, $800;
31 (C) at least 3.1, but not more than 4.0 octane
32 numbers, $1,200;
33 (D) at least 4.1, but not more than 5.0 octane
34 numbers, $1,600;
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1 (E) at least 5.1, but not more than 6.0 octane
2 numbers, $2,000;
3 (F) more than 6.0 octane numbers, $4,000.
4 (c) Any penalty levied under subsection (b) of this
5 Section shall be collected and deposited in the manner
6 provided for penalties collected under Section 7. Actions
7 and decisions of the Department under subsection (b) of this
8 Section are subject to the administrative procedures and
9 review authorized under Section 7.
10 (Source: P.A. 88-582, eff. 1-1-95.)
11 Section 99. Effective date. This Act takes effect
12 January 1, 2001.