Full Text of HB4696 95th General Assembly
HB4696eng 95TH GENERAL ASSEMBLY
|
|
|
HB4696 Engrossed |
|
LRB095 15446 HLH 41438 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Renewable Fuels Development | 5 |
| Program Act is amended by changing Sections 15 and 20 and by | 6 |
| adding Sections 15.1, 15.2, and 15.3 as follows:
| 7 |
| (20 ILCS 689/15)
| 8 |
| Sec. 15. Illinois Renewable Fuels Development Program.
| 9 |
| (a) The Department must develop and administer the Illinois | 10 |
| Renewable Fuels
Development Program to assist in the | 11 |
| construction, modification, alteration, or
retrofitting of | 12 |
| renewable fuel plants in Illinois.
The recipient of a grant | 13 |
| under
this Section
must:
| 14 |
| (1) be constructing, modifying, altering, or | 15 |
| retrofitting a plant in the
State
of Illinois;
| 16 |
| (2) be constructing, modifying, altering, or | 17 |
| retrofitting a plant that has
a base total annual | 18 |
| production capacity of no less than 30,000,000 gallons of | 19 |
| renewable fuel
per year; and
| 20 |
| (3) enter into a project labor agreement as prescribed | 21 |
| by Section 25 of
this
Act.
| 22 |
| (b) Grant applications must be made on forms provided by | 23 |
| and in accordance
with
procedures established by the |
|
|
|
HB4696 Engrossed |
- 2 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| Department.
| 2 |
| (c) The Department must give preference to applicants that | 3 |
| use Illinois
agricultural products in the production of | 4 |
| renewable fuel at the plant for
which the
grant is being | 5 |
| requested.
| 6 |
| (d) Facilities that produce ethanol for gasohol or majority | 7 |
| blended ethanol fuel shall receive a grant equal to 10 cents | 8 |
| per gallon of annual production capacity, not to exceed | 9 |
| $10,000,000 for each facility. | 10 |
| Notwithstanding any other rulemaking authority that may | 11 |
| exist, neither the Governor nor any agency or agency head under | 12 |
| the jurisdiction of the Governor has any authority to make or | 13 |
| promulgate rules to implement or enforce the provisions of this | 14 |
| amendatory Act of the 95th General Assembly. If, however, the | 15 |
| Governor believes that rules are necessary to implement or | 16 |
| enforce the provisions of this amendatory Act of the 95th | 17 |
| General Assembly, the Governor may suggest rules to the General | 18 |
| Assembly by filing them with the Clerk of the House and the | 19 |
| Secretary of the Senate and by requesting that the General | 20 |
| Assembly authorize such rulemaking by law, enact those | 21 |
| suggested rules into law, or take any other appropriate action | 22 |
| in the General Assembly's discretion. Nothing contained in this | 23 |
| amendatory Act of the 95th General Assembly shall be | 24 |
| interpreted to grant rulemaking authority under any other | 25 |
| Illinois statute where such authority is not otherwise | 26 |
| explicitly given. For the purposes of this paragraph, "rules" |
|
|
|
HB4696 Engrossed |
- 3 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| is given the meaning contained in Section 1-70 of the Illinois | 2 |
| Administrative Procedure Act, and "agency" and "agency head" | 3 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 4 |
| the Illinois Administrative Procedure Act to the extent that | 5 |
| such definitions apply to agencies or agency heads under the | 6 |
| jurisdiction of the Governor. | 7 |
| (Source: P.A. 93-15, eff. 6-11-03.)
| 8 |
| (20 ILCS 689/15.1 new) | 9 |
| Sec. 15.1. Renewable Fuels Majority Blended Ethanol | 10 |
| Infrastructure Program. The Department must establish and | 11 |
| administer the Renewable Fuels Majority Blended Ethanol | 12 |
| Program to encourage the construction, installation, and | 13 |
| marketing of majority blended ethanol, as defined in Section | 14 |
| 3-44 of the Use Tax Act. The Renewable Fuels Majority Blended | 15 |
| Ethanol Program shall provide financial assistance for units of | 16 |
| local government and petroleum distribution centers to install | 17 |
| the necessary infrastructure for the use of majority blended | 18 |
| ethanol. | 19 |
| The Department must establish the program for the purpose | 20 |
| of providing grants to units of local government and gasoline | 21 |
| stations or service stations offering to the public retail | 22 |
| sales of motor fuel that operate or will be operating majority | 23 |
| blended ethanol fueling distribution infrastructure. A unit of | 24 |
| local government applying for a grant under this program shall | 25 |
| receive a matching grant equaling 50% of the total cost of |
|
|
|
HB4696 Engrossed |
- 4 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| installation of a majority blended ethanol distribution pump, | 2 |
| but not to exceed $40,000. Gasoline stations or service | 3 |
| stations shall be eligible to receive a matching grant equal to | 4 |
| 50% the cost of installation per pump location, but not to | 5 |
| exceed a total of $250,000 in grants annually for each gasoline | 6 |
| station or service station retailer for locations in the | 7 |
| gasoline station or service station retailer's ownership and | 8 |
| control. The Department shall adopt necessary rules and forms | 9 |
| for the implementation of this Section. | 10 |
| Notwithstanding any other rulemaking authority that may | 11 |
| exist, neither the Governor nor any agency or agency head under | 12 |
| the jurisdiction of the Governor has any authority to make or | 13 |
| promulgate rules to implement or enforce the provisions of this | 14 |
| amendatory Act of the 95th General Assembly. If, however, the | 15 |
| Governor believes that rules are necessary to implement or | 16 |
| enforce the provisions of this amendatory Act of the 95th | 17 |
| General Assembly, the Governor may suggest rules to the General | 18 |
| Assembly by filing them with the Clerk of the House and the | 19 |
| Secretary of the Senate and by requesting that the General | 20 |
| Assembly authorize such rulemaking by law, enact those | 21 |
| suggested rules into law, or take any other appropriate action | 22 |
| in the General Assembly's discretion. Nothing contained in this | 23 |
| amendatory Act of the 95th General Assembly shall be | 24 |
| interpreted to grant rulemaking authority under any other | 25 |
| Illinois statute where such authority is not otherwise | 26 |
| explicitly given. For the purposes of this paragraph, "rules" |
|
|
|
HB4696 Engrossed |
- 5 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| is given the meaning contained in Section 1-70 of the Illinois | 2 |
| Administrative Procedure Act, and "agency" and "agency head" | 3 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 4 |
| the Illinois Administrative Procedure Act to the extent that | 5 |
| such definitions apply to agencies or agency heads under the | 6 |
| jurisdiction of the Governor. | 7 |
| (20 ILCS 689/15.2 new) | 8 |
| Sec. 15.2. Renewable Fuels Competitive Commercialization | 9 |
| Program. The Department must develop and administer the | 10 |
| Renewable Fuels Competitive Commercialization Program to | 11 |
| coordinate renewable fuel research and distribution of grant | 12 |
| funds to bring the State to the forefront of renewable fuel | 13 |
| development. The Renewable Fuels Competitive Commercialization | 14 |
| Grant Oversight Committee is established to review the grants | 15 |
| and make recommendations to the Director for awarding grants as | 16 |
| provided in this Section. The oversight committee shall be | 17 |
| comprised of 11 members. The members shall be appointed as | 18 |
| follows: the Director, or his or her designee; the Speaker of | 19 |
| the House of Representatives, or his or her designee; the | 20 |
| President of the Senate, or his or her designee; the Minority | 21 |
| Leader of the House of Representatives, or his or her designee; | 22 |
| the Minority Leader of the Senate, or his or her designee; and | 23 |
| the following members to be appointed by the Director: | 24 |
| (1) one member representing a general statewide | 25 |
| agricultural association; |
|
|
|
HB4696 Engrossed |
- 6 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| (2) one member representing an association representing | 2 |
| producers of corn; | 3 |
| (3) one member representing an association representing | 4 |
| producers of soybeans; | 5 |
| (4) 2 members representing labor organizations affiliated | 6 |
| with the Illinois AFL-CIO; and | 7 |
| (5) one member representing renewable fuels production | 8 |
| facilities. | 9 |
| The Department must solicit proposals for grants that | 10 |
| provide funds for projects, including but not limited to, | 11 |
| adding value to bio-fuel co-products (such as Distillers Dried | 12 |
| Grain with solubles (DDGs)), increasing vehicle mileage, and | 13 |
| reducing the water usage in manufacturing bio-fuel to increase | 14 |
| the competitiveness of renewable fuels produced in the State. | 15 |
| Preference shall be given to projects in partnership with | 16 |
| industry or pilot-scale demonstration projects that advance | 17 |
| the State's leadership in the development of a bio-based | 18 |
| economy. | 19 |
| Notwithstanding any other rulemaking authority that may | 20 |
| exist, neither the Governor nor any agency or agency head under | 21 |
| the jurisdiction of the Governor has any authority to make or | 22 |
| promulgate rules to implement or enforce the provisions of this | 23 |
| amendatory Act of the 95th General Assembly. If, however, the | 24 |
| Governor believes that rules are necessary to implement or | 25 |
| enforce the provisions of this amendatory Act of the 95th | 26 |
| General Assembly, the Governor may suggest rules to the General |
|
|
|
HB4696 Engrossed |
- 7 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| Assembly by filing them with the Clerk of the House and the | 2 |
| Secretary of the Senate and by requesting that the General | 3 |
| Assembly authorize such rulemaking by law, enact those | 4 |
| suggested rules into law, or take any other appropriate action | 5 |
| in the General Assembly's discretion. Nothing contained in this | 6 |
| amendatory Act of the 95th General Assembly shall be | 7 |
| interpreted to grant rulemaking authority under any other | 8 |
| Illinois statute where such authority is not otherwise | 9 |
| explicitly given. For the purposes of this paragraph, "rules" | 10 |
| is given the meaning contained in Section 1-70 of the Illinois | 11 |
| Administrative Procedure Act, and "agency" and "agency head" | 12 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 13 |
| the Illinois Administrative Procedure Act to the extent that | 14 |
| such definitions apply to agencies or agency heads under the | 15 |
| jurisdiction of the Governor. | 16 |
| (20 ILCS 689/15.3 new) | 17 |
| Sec. 15.3. Renewable Fuels Rail Infrastructure Assistance | 18 |
| Program. The Department must establish and administer the | 19 |
| Renewable Fuels Rail Infrastructure Assistance Program to | 20 |
| assist in the construction and installation of (i) railroad | 21 |
| side track and turnouts to provide rail service to renewable | 22 |
| fuels facilities, (ii) side track and turnouts for railroad | 23 |
| storage and collection areas for renewable fuels and renewable | 24 |
| fuel inputs, and (iii) side track, turnouts, and other | 25 |
| necessary infrastructure for renewable fuel and renewable fuel |
|
|
|
HB4696 Engrossed |
- 8 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| co-products container shipping. Only one grant for the purpose | 2 |
| stated under item (iii) of this Section shall be awarded each | 3 |
| year. The recipient of a grant under this Section must enter | 4 |
| into a project labor agreement for the rail infrastructure | 5 |
| project as provided in Section 25 of this Act. Grant | 6 |
| applications shall be submitted on forms prescribed by the | 7 |
| Department. | 8 |
| Notwithstanding any other rulemaking authority that may | 9 |
| exist, neither the Governor nor any agency or agency head under | 10 |
| the jurisdiction of the Governor has any authority to make or | 11 |
| promulgate rules to implement or enforce the provisions of this | 12 |
| amendatory Act of the 95th General Assembly. If, however, the | 13 |
| Governor believes that rules are necessary to implement or | 14 |
| enforce the provisions of this amendatory Act of the 95th | 15 |
| General Assembly, the Governor may suggest rules to the General | 16 |
| Assembly by filing them with the Clerk of the House and the | 17 |
| Secretary of the Senate and by requesting that the General | 18 |
| Assembly authorize such rulemaking by law, enact those | 19 |
| suggested rules into law, or take any other appropriate action | 20 |
| in the General Assembly's discretion. Nothing contained in this | 21 |
| amendatory Act of the 95th General Assembly shall be | 22 |
| interpreted to grant rulemaking authority under any other | 23 |
| Illinois statute where such authority is not otherwise | 24 |
| explicitly given. For the purposes of this paragraph, "rules" | 25 |
| is given the meaning contained in Section 1-70 of the Illinois | 26 |
| Administrative Procedure Act, and "agency" and "agency head" |
|
|
|
HB4696 Engrossed |
- 9 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 2 |
| the Illinois Administrative Procedure Act to the extent that | 3 |
| such definitions apply to agencies or agency heads under the | 4 |
| jurisdiction of the Governor. | 5 |
| (20 ILCS 689/20)
| 6 |
| Sec. 20. Grants. Subject to appropriation,
the
Director is | 7 |
| authorized to award Renewable Fuels Development Program Fund | 8 |
| grants to eligible applicants. The annual
aggregate
amount of | 9 |
| grants awarded under this Section is subject to the following | 10 |
| limits: | 11 |
| (1) grants awarded under the Illinois Renewable Fuels | 12 |
| Development Program awarded shall not exceed $30,000,000 | 13 |
| annually in fiscal years 2009 and 2010 and $15,000,000 | 14 |
| thereafter; no more than $5,000,000 annually of these grant | 15 |
| funds may be used for bio-diesel plants; $20,000,000.
| 16 |
| (2) grants awarded under the Renewable Fuels Majority | 17 |
| Blended Ethanol Infrastructure Program may not exceed | 18 |
| $3,500,000 annually for fiscal years 2009 through 2014; | 19 |
| (3) grants awarded under the Renewable Fuels | 20 |
| Competitive Commercialization Program may not exceed | 21 |
| $1,000,000 annually in fiscal years 2009, 2010, and 2011; | 22 |
| and | 23 |
| (4) grants awarded under the Renewable Fuels Rail | 24 |
| Infrastructure Assistance Program may not exceed | 25 |
| $5,000,000 annually for fiscal years 2009 through 2012. |
|
|
|
HB4696 Engrossed |
- 10 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| Notwithstanding any other rulemaking authority that may | 2 |
| exist, neither the Governor nor any agency or agency head under | 3 |
| the jurisdiction of the Governor has any authority to make or | 4 |
| promulgate rules to implement or enforce the provisions of this | 5 |
| amendatory Act of the 95th General Assembly. If, however, the | 6 |
| Governor believes that rules are necessary to implement or | 7 |
| enforce the provisions of this amendatory Act of the 95th | 8 |
| General Assembly, the Governor may suggest rules to the General | 9 |
| Assembly by filing them with the Clerk of the House and the | 10 |
| Secretary of the Senate and by requesting that the General | 11 |
| Assembly authorize such rulemaking by law, enact those | 12 |
| suggested rules into law, or take any other appropriate action | 13 |
| in the General Assembly's discretion. Nothing contained in this | 14 |
| amendatory Act of the 95th General Assembly shall be | 15 |
| interpreted to grant rulemaking authority under any other | 16 |
| Illinois statute where such authority is not otherwise | 17 |
| explicitly given. For the purposes of this paragraph, "rules" | 18 |
| is given the meaning contained in Section 1-70 of the Illinois | 19 |
| Administrative Procedure Act, and "agency" and "agency head" | 20 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 21 |
| the Illinois Administrative Procedure Act to the extent that | 22 |
| such definitions apply to agencies or agency heads under the | 23 |
| jurisdiction of the Governor. | 24 |
| (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03; | 25 |
| 94-839, eff. 6-6-06.)
|
|
|
|
HB4696 Engrossed |
- 11 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| Section 10. The State Finance Act is amended by adding | 2 |
| Sections 5.708 and 6z-70 as follows: | 3 |
| (30 ILCS 105/5.708 new)
| 4 |
| Sec. 5.708. The Renewable Fuels Development Program Fund. | 5 |
| (30 ILCS 105/6z-70 new) | 6 |
| Sec. 6z-70. Renewable Fuels Development Program Fund. The | 7 |
| Renewable Fuels Development Program Fund is created as a | 8 |
| special fund in the State treasury. Moneys in the Fund may be | 9 |
| used by the Department of Commerce and Economic Opportunity, | 10 |
| subject to appropriation, for the Illinois Renewable Fuels | 11 |
| Development Program, the Renewable Fuels Majority Blended | 12 |
| Ethanol Infrastructure Program, the Renewable Fuels | 13 |
| Competitive Commercialization Program, the Renewable Fuels | 14 |
| Rail Infrastructure Assistance Program, and other renewable | 15 |
| energy programs as set forth in Section 20 of the Illinois | 16 |
| Renewable Fuels Development Program Act. | 17 |
| Moneys received for the purposes of this Section, | 18 |
| including, without limitation, fund transfers, gifts, grants, | 19 |
| and awards from any public or private entity, must be deposited | 20 |
| into the Fund. Any interest earned on moneys in the Fund must | 21 |
| be deposited into the Fund. | 22 |
| There shall be deposited into the Renewable Fuels | 23 |
| Development Program Fund such bond proceeds and other moneys as | 24 |
| may, from time to time, be provided by law. If the moneys |
|
|
|
HB4696 Engrossed |
- 12 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| provided by law are not sufficient to provide the annual | 2 |
| funding level in the Renewable Fuels Development Program Fund | 3 |
| at the levels prescribed below, the State Comptroller must | 4 |
| direct the State Treasurer to transfer from the General Revenue | 5 |
| Fund to the Renewable Fuels Development Program Fund, no later | 6 |
| than February 1, 2009 and on December 1 each year thereafter | 7 |
| the necessary amount to provide the funds at the level | 8 |
| specified for each fiscal year below: | |
9 | | Fiscal Year | Amount |
|
10 | | 2009 through 2010 | $39,500,000 |
|
11 | | 2011 | $24,500,000 |
|
12 | | 2012 | $23,500,000 |
|
13 | | 2013 and 2014 | $18,500,000 |
|
14 | | 2015 | $15,000,000 |
| 15 |
| Notwithstanding any other rulemaking authority that may | 16 |
| exist, neither the Governor nor any agency or agency head under | 17 |
| the jurisdiction of the Governor has any authority to make or | 18 |
| promulgate rules to implement or enforce the provisions of this | 19 |
| amendatory Act of the 95th General Assembly. If, however, the | 20 |
| Governor believes that rules are necessary to implement or | 21 |
| enforce the provisions of this amendatory Act of the 95th | 22 |
| General Assembly, the Governor may suggest rules to the General | 23 |
| Assembly by filing them with the Clerk of the House and the | 24 |
| Secretary of the Senate and by requesting that the General | 25 |
| Assembly authorize such rulemaking by law, enact those | 26 |
| suggested rules into law, or take any other appropriate action |
|
|
|
HB4696 Engrossed |
- 13 - |
LRB095 15446 HLH 41438 b |
|
| 1 |
| in the General Assembly's discretion. Nothing contained in this | 2 |
| amendatory Act of the 95th General Assembly shall be | 3 |
| interpreted to grant rulemaking authority under any other | 4 |
| Illinois statute where such authority is not otherwise | 5 |
| explicitly given. For the purposes of this paragraph, "rules" | 6 |
| is given the meaning contained in Section 1-70 of the Illinois | 7 |
| Administrative Procedure Act, and "agency" and "agency head" | 8 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 9 |
| the Illinois Administrative Procedure Act to the extent that | 10 |
| such definitions apply to agencies or agency heads under the | 11 |
| jurisdiction of the Governor.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law. |
|