[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB0059 LRB9201120DHmb 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 -2- LRB9201120DHmb 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.) -3- LRB9201120DHmb 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. -4- LRB9201120DHmb 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 subsectionSectionto 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 -5- LRB9201120DHmb 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. -6- LRB9201120DHmb 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.