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92_SB0184
LRB9203798TAtm
1 AN ACT concerning agriculture.
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 Illinois Farm Products Economic Development Act.
6 Section 5. Findings. The legislature finds and declares
7 that it is in the best interest of the people of this State
8 that the establishment of local grain processing centers is
9 encouraged in order to augment local agricultural markets,
10 promote agricultural diversification, expand rural employment
11 opportunities, promote economic activity, enhance the
12 environment, and protect and better use the land and
13 agriculture resources of the State. The legislature finds
14 that grain processing shall be considered an agricultural
15 pursuit for the purposes of any laws that apply to or provide
16 for the advancement, benefit, or the protection of the
17 agriculture industry of this State.
18 Section 10. Purpose. The purpose of the Act is to improve
19 the environment, create jobs and rural economic growth, and
20 encourage energy self-reliance through the establishment of
21 community-sized grain processing centers that produce ethyl
22 alcohol and other grain products, encourage the establishment
23 of associated industries, and assist Illinois farmers in
24 expanding local markets for their grain production.
25 Section 15. Definitions. For the purpose of this Act;
26 "Associated industry" means an industry using the
27 by-products of a processing center, including, but not
28 limited to, ethyl alcohol, fermented grains, liquid feeds,
29 carbon dioxide, heat, or any other product resulting from the
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1 processing of agricultural products and located in proximity
2 to the processing center.
3 "Corn" means Illinois-produced corn used in a processing
4 center to make ethyl alcohol, fermented grains, solubles, and
5 carbon dioxide.
6 "Department" means the Department of Agriculture.
7 "Director" means the Director of Agriculture.
8 "Ethyl alcohol" means fermented ethyl alcohol having a
9 purity of at least 95% (190 proof) and derived from
10 agriculture products including corn, potatoes, cereal grains,
11 cheese, whey, sugar beets, forest products, or other
12 renewable resources, including residue and waste generated
13 from the production, processing, and marketing of
14 agricultural products, forest products, and other renewable
15 resources.
16 "Processing Center" means a grain processing center at
17 which ethyl alcohol is produced by fermenting corn or other
18 organic materials.
19 Section 20. Grain processing payments. The Director shall
20 make cash payments to processors in this State that use corn
21 to make ethyl alcohol and other products. These payments
22 shall apply only to corn used to make ethyl alcohol and other
23 products in this State at a processing center that begins
24 production after January 1, 2001. The amount of the payment
25 for each processor's annual consumption shall be 30 cents per
26 bushel of corn for each bushel of corn used to produce ethyl
27 alcohol and other products in a grain processing center that
28 began production after January 1, 2001. Payment may be made
29 only during the 5-year period beginning at the same time as
30 the start of production. Payment may be made only on the
31 first 5,000,000 bushels of corn consumed annually at each
32 processing center. Each processor must file a claim for
33 payment for the bushels of corn used in a grain processing
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1 center during the preceding 3 calendar months. These claims
2 must be filed by the last day of September, December, March,
3 and June of each year. A processor with more than one
4 processing center must file a separate claim for each
5 processing center. A processor who files a claim under this
6 Section must include a statement of the processor's total
7 corn consumption and total ethyl alcohol production during
8 the quarter covered by the claim. For each claim and
9 statement of production filed under this Act, the volumes and
10 amounts claimed must be examined by an independent certified
11 public accountant in accordance with standards established by
12 the American Institute of Certified Public Accountants.
13 Payments under this Section shall be made 90 days after
14 each claim has been filed. A separate payment shall be made
15 for each claim filed. The total quarterly payment to a
16 processor under this Act may not exceed $750,000 if the total
17 amount for which all processors are eligible in a quarter
18 exceeds $1,500,000. The Director shall make payments in the
19 order in which the portion of production capacity covered by
20 each claim went into production. Only those processors deemed
21 to be eligible by the Director or who have received payments
22 for the quarter or received payments in an earlier quarter
23 are eligible for corn payments under this Act.
24 Section 25. Rulemaking. The Director must adopt emergency
25 and permanent rules to implement this Act.
26 Section 30. Partial Invalidity. If any provision of this
27 Act or the application thereof to any person or circumstance
28 is held invalid, the remainder of this Act and the
29 application of the provision to other persons or
30 circumstances is not affected thereby.
31 Section 35. Repeal. This Act is repealed on January 1,
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1 2010, and the unobligated balance of each appropriation under
2 this Act on that date shall revert to the General Revenue
3 Fund.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.