State of Illinois
92nd General Assembly
Legislation

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92_HB0059

 
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 1        AN  ACT  to  amend the Motor Fuel and Petroleum Standards
 2    Act by changing Sections 2, 3, 7, and 7.1 and adding  Section
 3    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, 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)  "Co-solvent"  means an alcohol that is miscible with
27    methanol and has a molecular weight equal to or greater  than
28    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 370/4.2 new)
 2        Sec. 4.2. MTBE.  On and after January 1, 2002, motor fuel
 3    containing MTBE may be sold or offered for sale  only  if  no
 4    MTBE has been introduced on or after January 1, 2002 into the
 5    seller's storage tank from which the motor fuel is dispensed.
 6    On  and  after January 1, 2002, it is a violation of this Act
 7    to sell or offer for sale any motor fuel containing  MTBE  if
 8    any MTBE has been introduced on or after January 1, 2002 into
 9    the  seller's  storage  tank  from  which  the  motor fuel is
10    dispensed. It is not a violation of this Section if the motor
11    fuel sold or offered for sale contains a trace amount of MTBE
12    that was not intentionally introduced on or after January  1,
13    2002.  For purposes of this Section, a "trace amount" of MTBE
14    is 2% or less of the motor fuel by volume.

15        (815 ILCS 370/7) (from Ch. 5, par. 1707)
16        Sec. 7.  Administrative hearing and penalties.   When  an
17    administrative  hearing  is  held,  the hearing officer, upon
18    determination of a violation of this Act or rules, other than
19    violation of subsection (a) of Section 7.1, shall:
20        (a)  Levy   the   following    administrative    monetary
21    penalties:
22             (1)  $100 for a first violation;
23             (2)  $750  for  a second violation within 2 years of
24        the first violation; and
25             (3)  $1500  for  a  third  or  subsequent  violation
26        within 2 years of the second violation; or
27        (b)  refer the violations to the States Attorney's Office
28    in the county where the violation occurred for prosecution.
29        Any penalty levied shall be collected by  the  Department
30    and  paid  into  the Motor Fuel and Petroleum Standards Fund.
31    Monetary penalties not paid within 60 days of notice from the
32    Department shall  be  submitted  to  the  Attorney  General's
33    Office for collection.
 
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 1        All  decisions  and actions of the Department are subject
 2    to  the  Illinois  Administrative  Procedure  Act   and   the
 3    Department's    Administrative   Rules   which   pertain   to
 4    administrative hearings,  petitions,  proceedings,  contested
 5    cases,  declaratory  rulings  and  availability of Department
 6    files for public access.
 7        All final  administrative  decisions  of  the  Department
 8    shall   be   subject  to  judicial  review  pursuant  to  the
 9    provisions  of  the  Administrative  Review  Law,   and   all
10    amendments  and  modifications thereof, and the rules adopted
11    pursuant thereto.   The  term  "administrative  decision"  is
12    defined in Section 3-101 of the Code of Civil Procedure.
13    (Source: P.A. 88-582, eff. 1-1-95.)

14        (815 ILCS 370/7.1)
15        Sec.   7.1.  Octane   display  standards;  administrative
16    penalty.
17        (a)  Every retailer of motor fuel must display the octane
18    number of the fuel being dispensed on each motor fuel  device
19    that  is  dispensing  a  gasoline product.  The octane number
20    shall be displayed on the fuel dispensing device in a  manner
21    consistent  with regulations promulgated by the Federal Trade
22    Commission in 16 CFR part 306.  It is  a  violation  of  this
23    subsection  Section  to  display  an  octane  number  that is
24    greater  than  the  octane  number  of  the  gasoline   being
25    dispensed.
26        (a-5)  Every  retailer  of  motor  fuel  must  display  a
27    statement  informing  the  customer  that, in compliance with
28    Illinois law, the motor fuel  being  sold  does  not  contain
29    MTBE. The statement shall be displayed on the fuel dispensing
30    device in a manner consistent with regulations promulgated by
31    the  Federal Trade Commission in 16 CFR part 306.  Failure to
32    display the statement is a violation of this Act.
33        (b)  A hearing  officer  that,  after  an  administrative
 
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 1    hearing  held in accordance with the provisions of Section 7,
 2    determines that a violation of subsection (a) of this Section
 3    has  been  committed  shall  impose  a  monetary  penalty  in
 4    accordance with the following schedule:
 5             (1)  For a first time violation if the actual octane
 6        number is found by the petroleum laboratory to  be  lower
 7        than the posted octane number by:
 8                  (A)  at least 0.8, but not more than 2.0 octane
 9             numbers, $100;
10                  (B)  at least 2.1, but not more than 3.0 octane
11             numbers, $200;
12                  (C)  at least 3.1, but not more than 4.0 octane
13             numbers, $300;
14                  (D)  at least 4.1, but not more than 5.0 octane
15             numbers, $400;
16                  (E)  at least 5.1, but not more than 6.0 octane
17             numbers, $500;
18                  (F)  more than 6.0 octane numbers, $1,000.
19             (2)  For  a  second  violation, at the same location
20        under the same ownership, within 2  years  of  the  first
21        violation  if  the  actual  octane number is found by the
22        petroleum testing laboratory to be lower than the  posted
23        octane number by:
24                  (A)  at least 0.8, but not more than 2.0 octane
25             numbers, $200;
26                  (B)  at least 2.1, but not more than 3.0 octane
27             numbers, $400;
28                  (C)  at least 3.1, but not more than 4.0 octane
29             numbers, $600;
30                  (D)  at least 4.1, but not more than 5.0 octane
31             numbers, $800;
32                  (E)  at least 5.1, but not more than 6.0 octane
33             numbers, $1,000;
34                  (F)  more than 6.0 octane numbers, $2,000.
 
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 1             (3)  For  a  third  or  subsequent violation, at the
 2        same location under the same ownership, within 2 years of
 3        the second violation if the actual octane number is found
 4        by the petroleum testing laboratory to be lower than  the
 5        posted octane number by:
 6                  (A)  at  least  0.8,  but  not  more  than  2.0
 7             octane numbers, $400;
 8                  (B)  at least 2.1,   but  not  more  than   3.0
 9             octane numbers, $800;
10                  (C)  at least 3.1, but not more than 4.0 octane
11             numbers, $1,200;
12                  (D)  at least 4.1, but not more than 5.0 octane
13             numbers, $1,600;
14                  (E)  at least 5.1, but not more than 6.0 octane
15             numbers, $2,000;
16                  (F)  more than 6.0 octane numbers, $4,000.
17        (c)  Any  penalty  levied  under  subsection  (b) of this
18    Section shall  be  collected  and  deposited  in  the  manner
19    provided  for  penalties  collected under Section 7.  Actions
20    and decisions of the Department under subsection (b) of  this
21    Section  are  subject  to  the  administrative procedures and
22    review authorized under Section 7.
23    (Source: P.A. 88-582, eff. 1-1-95.)

24        Section 99.   Effective  date.   This  Act  takes  effect
25    January 1, 2002.

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