Full Text of HB0471 94th General Assembly
HB0471ham001 94TH GENERAL ASSEMBLY
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Environmental Health Committee
Filed: 3/2/2005
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| AMENDMENT TO HOUSE BILL 471
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| AMENDMENT NO. ______. Amend House Bill 471 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Renewable Fuels Development | 5 |
| Program Act is amended by changing Sections 5, 10, 20, and 25 | 6 |
| and by adding Section 27 as follows:
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| (20 ILCS 689/5)
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| Sec. 5. Findings and State policy. The General Assembly | 9 |
| recognizes that
agriculture is a vital sector of the Illinois | 10 |
| economy and that an important
growth industry
for the Illinois | 11 |
| agricultural sector is renewable fuels production. Renewable
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| fuels
produced from Illinois agricultural products hold great | 13 |
| potential for growing
the State's
economy, reducing our | 14 |
| dependence on foreign oil supplies, and improving the
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| environment by reducing harmful emissions from vehicles. | 16 |
| Illinois is the
nation's leading
producer of ethanol, a clean, | 17 |
| renewable fuel with significant environmental
benefits. The
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| General Assembly finds that reliable supplies of renewable | 19 |
| fuels will be
integral to
the long term
energy security of the | 20 |
| United States.
The General Assembly declares that it is the | 21 |
| public policy of the
State of
Illinois to promote and encourage | 22 |
| the production and use of renewable fuels as
a means
not only | 23 |
| to improve air quality in the State and the nation, but also to |
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| increase the size of
grow
the
agricultural sector of the | 2 |
| Illinois economy. To achieve these public
policy
objectives, | 3 |
| the General Assembly hereby authorizes the creation and
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| implementation of
the Illinois Renewable Fuels Development | 5 |
| Program within the Department.
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| (Source: P.A. 93-15, eff. 6-11-03.)
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| (20 ILCS 689/10)
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| Sec. 10. Definitions. As used in this Act:
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| "Biodiesel" means a renewable diesel fuel derived
from
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| biomass that is intended for use in diesel engines.
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| "Biodiesel blend" means a blend of biodiesel
with
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| petroleum-based diesel fuel in which the resultant product | 13 |
| contains no less
than 1% and
no more than 99% biodiesel.
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| "Biomass" means non-fossil organic materials that have
an
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| intrinsic chemical energy content. "Biomass" includes, but is | 16 |
| not limited to,
soybean oil,
other vegetable oils, and ethanol.
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| "Department" means the Department of Commerce and Economic | 18 |
| Opportunity
Community Affairs .
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| "Diesel fuel" means any product intended for use
or
offered | 20 |
| for sale as a fuel for engines in which the fuel is injected | 21 |
| into the
combustion
chamber and ignited by pressure without | 22 |
| electric spark.
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| "Director" means the Director of Commerce and Economic | 24 |
| Opportunity
Community Affairs .
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| "Ethanol" means a product produced from agricultural | 26 |
| commodities or
by-products used as a fuel or to be blended with | 27 |
| other fuels for use in motor
vehicles.
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| "Flexible fuel vehicle" has the meaning set forth in | 29 |
| Section 22 of the Alternate Fuels Act.
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| "Fuel" means fuel as defined in Section 1.19 of the Motor | 31 |
| Fuel Tax Law.
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| "Gasohol" means motor fuel that is no more than 90% | 33 |
| gasoline and
at least 10%
denatured ethanol that contains no |
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| more than 1.25% water by weight.
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| "Gasoline" means all products commonly or
commercially | 3 |
| known or sold as gasoline (including casing head and absorption | 4 |
| or
natural gasoline).
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| "Illinois agricultural product" means any agricultural | 6 |
| commodity grown in
Illinois
that is used by a production | 7 |
| facility to produce renewable fuel in Illinois,
including, but
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| not limited to, corn, barley, and soy beans.
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| "Labor Organization"
means any organization defined as a | 10 |
| "labor organization" under Section 2 of
the National Labor | 11 |
| Relations Act (29 U.S.C. 152).
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| "Majority blended ethanol fuel"
means motor fuel that
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| contains no less than 70% and no more than 90% denatured | 14 |
| ethanol and no less
than 10% and no more than 30% gasoline.
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| "Motor vehicles" means motor vehicles as defined in the | 16 |
| Illinois Vehicle Code
and watercraft propelled by an internal | 17 |
| combustion engine.
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| "Owner" means any individual, sole proprietorship, limited | 19 |
| partnership,
co-partnership, joint venture, corporation, | 20 |
| cooperative, or other legal
entity, including its agents, that | 21 |
| operates or
will operate a
plant located within the State of | 22 |
| Illinois.
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| "Plant" means a production facility that produces a | 24 |
| renewable fuel. "Plant"
includes land, any building or other | 25 |
| improvement on or to land, and any
personal
properties deemed | 26 |
| necessary or suitable for use, whether or not now in
existence, | 27 |
| in the
processing of fuel from agricultural commodities or | 28 |
| by-products.
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| "Renewable fuel" means ethanol, gasohol, majority blended | 30 |
| ethanol fuel,
biodiesel
blend fuel,
and biodiesel.
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| (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03; | 32 |
| revised 12-6-03.)
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| (20 ILCS 689/20)
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| Sec. 20. Grants. Subject to appropriation from the Build | 2 |
| Illinois Bond
Fund,
the
Director is authorized to award | 3 |
| Illinois Renewable Fuels Development Program grants to | 4 |
| eligible applicants. The annual
aggregate
amount of grants | 5 |
| awarded shall not exceed $15,000,000.
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| (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03.)
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| (20 ILCS 689/25)
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| Sec. 25. Project labor agreements.
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| (a) The Illinois Renewable Fuels Development Program | 10 |
| project labor agreement must include the following:
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| (1) provisions establishing the minimum hourly wage | 12 |
| for each class of
labor organization employee;
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| (2) provisions establishing the benefits and other | 14 |
| compensation for each
class of labor organization | 15 |
| employee; and
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| (3) provisions establishing that no strike or disputes | 17 |
| will be engaged in
by
the labor organization employees.
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| The owner of the plant and the labor organizations shall have | 19 |
| the authority to
include
other terms and conditions as they | 20 |
| deem necessary.
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| (b) The project labor agreement shall be filed with the | 22 |
| Director in
accordance
with procedures established by the | 23 |
| Department. At a minimum, the project labor
agreement must | 24 |
| provide the names, addresses, and occupations of the owner of
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| the plant
and the individuals representing the labor | 26 |
| organization employees participating
in the
project labor | 27 |
| agreement. The agreement must also specify the terms and
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| conditions
required in subsection (a).
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| (Source: P.A. 93-15, eff. 6-11-03.)
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| (20 ILCS 689/27 new) | 31 |
| Sec. 27. E85 Vehicle Encouragement Program. | 32 |
| (a) The Department shall, subject to appropriation, create |
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| and administer the E85 Vehicle Encouragement Program. Under | 2 |
| this program, the Department must solicit and collect | 3 |
| applications from persons who have purchased a flexible fuel | 4 |
| vehicle within the 12-month period prior to submitting the | 5 |
| application. Approved applicants shall be eligible for Program | 6 |
| distributions. | 7 |
| (b) The Program shall distribute coupons for an amount up | 8 |
| to $1,000 towards the purchase of E85 blended fuel to approved | 9 |
| applicants. The distribution may not exceed 10% of the purchase | 10 |
| price of the vehicle. If any moneys in the Fund are carried | 11 |
| over between fiscal years as a result of this 10% cap or for | 12 |
| any other reason, the moneys shall be distributed in the | 13 |
| following fiscal year as provided under this Section. Only one | 14 |
| distribution shall be made to the owner of any vehicle during | 15 |
| the life of that vehicle. Approved applicants who do not have | 16 |
| an E85 fueling station within 25 miles of their residence may | 17 |
| either apply for the coupons for E85 blended fuel as provided | 18 |
| in this subsection (b) or request substitute coupons of the | 19 |
| same value towards the purchase of 10% ethanol blended fuel. | 20 |
| (c) The E85 Vehicle Encouragement Fund is established as a | 21 |
| special fund in the State treasury. Moneys in the Fund may be | 22 |
| used, subject to appropriation, only for the purposes set forth | 23 |
| in this Section. Interest earned on moneys in the Fund must be | 24 |
| deposited into the Fund. The Department may retain 5% of the | 25 |
| moneys in the Fund for administrative costs of the Program. | 26 |
| (c) The Department shall have access to Secretary of State | 27 |
| motor vehicle registration records and other State records to | 28 |
| enable verification of these applications.
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| (e) The Department shall adopt necessary rules for the | 30 |
| implementation of this Section, including rules for the | 31 |
| solicitation, collection, and approval of applications and for | 32 |
| the distribution and redemption of Program coupons.
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| Section 10. The State Finance Act is amended by adding |
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| Section
5.640 as follows:
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| (30 ILCS 105/5.640 new)
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| Sec. 5.640. E85 Vehicle Encouragement Fund. | 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
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