093_SB0134 LRB093 05260 LCB 05348 b 1 AN ACT concerning biodiesel fuel. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Biodiesel Fuel Act. 6 Section 5. Definitions. As used in this Act: 7 "Biodiesel fuel" means a renewable, biodegradable, mono 8 alkyl ester combustible liquid fuel derived from agricultural 9 plant oils or animal fats and that meets American Society For 10 Testing and Materials Specification D6751-02 for Biodiesel 11 Fuel (B100) Blend Stock for Distillate Fuels. 12 "Department" means the Department of Agriculture. 13 "Director" means the Director of Agriculture. 14 Section 10. Minimum content. Except as otherwise 15 provided in this Section, all diesel fuel sold or offered for 16 sale in this State for use in internal combustion engines 17 must contain at least 2% biodiesel fuel oil by volume 18 provided that 30 or more days have passed since the Director 19 has published notice that the annual capacity in this State 20 for the production of biodiesel fuel oil exceeds 8,000,000 21 gallons and: 22 (a) 18 months have passed since the Director has 23 published notice that a federal action on taxes imposed, tax 24 credits, or otherwise, creates a reduction in the price of 2 25 cents or more per gallon on taxable fuel that contains at 26 least 2% biodiesel fuel oil and is sold in this State; or 27 (b) the date June 30, 2006 has passed. 28 Section 15. Exceptions. 29 (a) The minimum content requirement of subsection (a) of -2- LRB093 05260 LCB 05348 b 1 Section 10 does not apply to fuel used in motors located at 2 an electric generating plant regulated by the Nuclear 3 Regulatory Commission and in railroad locomotives. 4 (b) The exemption concerning electric generating plants 5 regulated by the Nuclear Regulatory Commission expires 30 6 days after the Nuclear Regulatory Commission has approved the 7 use of biodiesel fuel in motors at electric generating plants 8 under its regulation. 9 Section 20. Distributor expense reimbursement. 10 (a) A distributor that made capital expenditures 11 necessary to adapt or add equipment to blend biodiesel fuel 12 oil may be eligible for partial reimbursement for those 13 expenditures if this Act is repealed or amended to remove the 14 biodiesel fuel requirement in Section 10 within 8 years of 15 the effective date of this Act. 16 (b) A distributor may apply to the Department for a 17 reimbursement from money appropriated for complying with this 18 Act, if this Act or the biodiesel fuel requirements in 19 Section 10 are repealed. If the repeal occurs within 2 years 20 of this Act's effective date, the Director shall reimburse up 21 to 80% of expenditures. The total amount eligible to be 22 reimbursed shall decline by 10% each year after the effective 23 date of this Act and must end at 20% in the eighth year. 24 (c) The Director shall require detailed proof of 25 expenditures made solely to comply with this Act.