Bill Text: IL HB2801 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Motor Fuel Tax Law. Provides that the tax imposed on the privilege of operating motor vehicles that use liquefied natural gas or propane is 21.5 cents per gallon. Provides that the tax imposed on compressed natural gas is 19 cents per gallon. Provides that, in the case of liquefied natural gas and propane, "gallon" means a diesel gallon equivalent. Amends the Weights and Measures Act. Provides that liquefied natural gas used as motor fuel shall be sold in diesel gallon equivalents, and compressed natural gas shall be sold in gasoline gallon equivalents. Provides that propane used as motor fuel shall be sold in actual measured gallon volumetric units, subject to adjustment for the purposes of determining the diesel gallon equivalents that are subject to the tax rates under the Motor Fuel Tax Law. Amends the Environmental Impact Fee Law. Provides that no fee is imposed on the importation or receipt of liquefied natural gas (i) sold to or used by a rail carrier or (ii) consumed or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property in interstate commerce for hire on rivers bordering Illinois if the natural gas is delivered to the ship, barge, or vessel by a licensed receiver. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed) 2017-05-18 - Placed on Calendar Order of 3rd Reading May 19, 2017 [HB2801 Detail]

Download: Illinois-2017-HB2801-Engrossed.html



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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Motor Fuel Tax Law is amended by changing
5Sections 1.8, 2, 2a, and 5 and by adding Sections 1.8A, 1.8B,
6and 1.13C as follows:
7 (35 ILCS 505/1.8) (from Ch. 120, par. 417.8)
8 Sec. 1.8. "Gallon" means, in addition to its ordinary
9meaning, its equivalent in a capacity of measurement of
10substance in a gaseous state. In the case of liquefied natural
11gas or propane used as motor fuel, "gallon" means a diesel
12gallon equivalent as defined by Section 1.8A of this Act. In
13the case of compressed natural gas used as motor fuel, "gallon"
14means a gasoline gallon equivalent as defined in Section 1.8B
15of this Act.
16(Source: Laws 1961, p. 3653.)
17 (35 ILCS 505/1.8A new)
18 Sec. 1.8A. Diesel gallon equivalent. "Diesel gallon
19equivalent" means an amount of liquefied natural gas or propane
20that has the equivalent energy content of a gallon of diesel
21fuel and shall be defined as 6.06 pounds of liquefied natural
22gas or 6.41 pounds of propane.

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1 (35 ILCS 505/1.8B new)
2 Sec. 1.8B. Gasoline gallon equivalent. "Gasoline gallon
3equivalent" means an amount of compressed natural gas that has
4the equivalent energy content of a gallon of gasoline and shall
5be defined as 5.660 pounds of compressed natural gas.
6 (35 ILCS 505/1.13C new)
7 Sec. 1.13C. Liquefied natural gas. "Liquefied natural gas"
8means methane or natural gas in the form of a cryogenic or
9refrigerated liquid for use as a motor fuel.
10 (35 ILCS 505/2) (from Ch. 120, par. 418)
11 Sec. 2. A tax is imposed on the privilege of operating
12motor vehicles upon the public highways and recreational-type
13watercraft upon the waters of this State.
14 (a) Prior to August 1, 1989, the tax is imposed at the rate
15of 13 cents per gallon on all motor fuel used in motor vehicles
16operating on the public highways and recreational type
17watercraft operating upon the waters of this State. Beginning
18on August 1, 1989 and until January 1, 1990, the rate of the
19tax imposed in this paragraph shall be 16 cents per gallon.
20Beginning January 1, 1990, the rate of tax imposed in this
21paragraph, including the tax on compressed natural gas, shall
22be 19 cents per gallon.
23 (b) The tax on the privilege of operating motor vehicles

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1which use diesel fuel, liquefied natural gas, or propane shall
2be the rate according to paragraph (a) plus an additional 2 1/2
3cents per gallon. "Diesel fuel" is defined as any product
4intended for use or offered for sale as a fuel for engines in
5which the fuel is injected into the combustion chamber and
6ignited by pressure without electric spark.
7 (c) A tax is imposed upon the privilege of engaging in the
8business of selling motor fuel as a retailer or reseller on all
9motor fuel used in motor vehicles operating on the public
10highways and recreational type watercraft operating upon the
11waters of this State: (1) at the rate of 3 cents per gallon on
12motor fuel owned or possessed by such retailer or reseller at
1312:01 a.m. on August 1, 1989; and (2) at the rate of 3 cents per
14gallon on motor fuel owned or possessed by such retailer or
15reseller at 12:01 A.M. on January 1, 1990.
16 Retailers and resellers who are subject to this additional
17tax shall be required to inventory such motor fuel and pay this
18additional tax in a manner prescribed by the Department of
19Revenue.
20 The tax imposed in this paragraph (c) shall be in addition
21to all other taxes imposed by the State of Illinois or any unit
22of local government in this State.
23 (d) Except as provided in Section 2a, the collection of a
24tax based on gallonage of gasoline used for the propulsion of
25any aircraft is prohibited on and after October 1, 1979.
26 (e) The collection of a tax, based on gallonage of all

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1products commonly or commercially known or sold as 1-K
2kerosene, regardless of its classification or uses, is
3prohibited (i) on and after July 1, 1992 until December 31,
41999, except when the 1-K kerosene is either: (1) delivered
5into bulk storage facilities of a bulk user, or (2) delivered
6directly into the fuel supply tanks of motor vehicles and (ii)
7on and after January 1, 2000. Beginning on January 1, 2000, the
8collection of a tax, based on gallonage of all products
9commonly or commercially known or sold as 1-K kerosene,
10regardless of its classification or uses, is prohibited except
11when the 1-K kerosene is delivered directly into a storage tank
12that is located at a facility that has withdrawal facilities
13that are readily accessible to and are capable of dispensing
141-K kerosene into the fuel supply tanks of motor vehicles. For
15purposes of this subsection (e), a facility is considered to
16have withdrawal facilities that are not "readily accessible to
17and capable of dispensing 1-K kerosene into the fuel supply
18tanks of motor vehicles" only if the 1-K kerosene is delivered
19from: (i) a dispenser hose that is short enough so that it will
20not reach the fuel supply tank of a motor vehicle or (ii) a
21dispenser that is enclosed by a fence or other physical barrier
22so that a vehicle cannot pull alongside the dispenser to permit
23fueling.
24 Any person who sells or uses 1-K kerosene for use in motor
25vehicles upon which the tax imposed by this Law has not been
26paid shall be liable for any tax due on the sales or use of 1-K

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1kerosene.
2(Source: P.A. 96-1384, eff. 7-29-10.)
3 (35 ILCS 505/2a) (from Ch. 120, par. 418a)
4 Sec. 2a. Except as hereinafter provided, on and after
5January 1, 1990 and before January 1, 2025, a tax of
6three-tenths of a cent per gallon is imposed upon the privilege
7of being a receiver in this State of fuel for sale or use.
8 The tax shall be paid by the receiver in this State who
9first sells or uses fuel. In the case of a sale, the tax shall
10be stated as a separate item on the invoice.
11 For the purpose of the tax imposed by this Section, being a
12receiver of "motor fuel" as defined by Section 1.1 of this Act,
13and aviation fuels, home heating oil and kerosene, but
14excluding liquified petroleum gases, is subject to tax without
15regard to whether the fuel is intended to be used for operation
16of motor vehicles on the public highways and waters. However,
17no such tax shall be imposed upon the importation or receipt of
18aviation fuels and kerosene at airports with over 300,000
19operations per year, for years prior to 1991, and over 170,000
20operations per year beginning in 1991, located in a city of
21more than 1,000,000 inhabitants for sale to or use by holders
22of certificates of public convenience and necessity or foreign
23air carrier permits, issued by the United States Department of
24Transportation, and their air carrier affiliates, or upon the
25importation or receipt of aviation fuels and kerosene at

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1facilities owned or leased by those certificate or permit
2holders and used in their activities at an airport described
3above. In addition, no such tax shall be imposed upon the
4importation or receipt of diesel fuel or liquefied natural gas
5sold to or used by a rail carrier registered pursuant to
6Section 18c-7201 of the Illinois Vehicle Code or otherwise
7recognized by the Illinois Commerce Commission as a rail
8carrier, to the extent used directly in railroad operations. In
9addition, no such tax shall be imposed when the sale is made
10with delivery to a purchaser outside this State or when the
11sale is made to a person holding a valid license as a receiver.
12In addition, no tax shall be imposed upon diesel fuel or
13liquefied natural gas consumed or used in the operation of
14ships, barges, or vessels, that are used primarily in or for
15the transportation of property in interstate commerce for hire
16on rivers bordering on this State, if the diesel fuel or
17liquefied natural gas is delivered by a licensed receiver to
18the purchaser's barge, ship, or vessel while it is afloat upon
19that bordering river. A specific notation thereof shall be made
20on the invoices or sales slips covering each sale.
21(Source: P.A. 96-161, eff. 8-10-09.)
22 (35 ILCS 505/5) (from Ch. 120, par. 421)
23 Sec. 5. Except as hereinafter provided, a person holding a
24valid unrevoked license to act as a distributor of motor fuel
25shall, between the 1st and 20th days of each calendar month,

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1make return to the Department, showing an itemized statement of
2the number of invoiced gallons of motor fuel of the types
3specified in this Section which were purchased, acquired,
4received, or exported during the preceding calendar month; the
5amount of such motor fuel produced, refined, compounded,
6manufactured, blended, sold, distributed, exported, and used
7by the licensed distributor during the preceding calendar
8month; the amount of such motor fuel lost or destroyed during
9the preceding calendar month; the amount of such motor fuel on
10hand at the close of business for such month; and such other
11reasonable information as the Department may require. If a
12distributor's only activities with respect to motor fuel are
13either: (1) production of alcohol in quantities of less than
1410,000 proof gallons per year or (2) blending alcohol in
15quantities of less than 10,000 proof gallons per year which
16such distributor has produced, he shall file returns on an
17annual basis with the return for a given year being due by
18January 20 of the following year. Distributors whose total
19production of alcohol (whether blended or not) exceeds 10,000
20proof gallons per year, based on production during the
21preceding (calendar) year or as reasonably projected by the
22Department if one calendar year's record of production cannot
23be established, shall file returns between the 1st and 20th
24days of each calendar month as hereinabove provided.
25 The types of motor fuel referred to in the preceding
26paragraph are: (A) All products commonly or commercially known

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1or sold as gasoline (including casing-head and absorption or
2natural gasoline), gasohol, motor benzol or motor benzene
3regardless of their classification or uses; and (B) all
4combustible gases, not including liquefied natural gas, which
5exist in a gaseous state at 60 degrees Fahrenheit and at 14.7
6pounds per square inch absolute including, but not limited to,
7liquefied petroleum gases used for highway purposes; and (C)
8special fuel. Only those quantities of combustible gases
9(example (B) above) which are used or sold by the distributor
10to be used to propel motor vehicles on the public highways, or
11which are delivered into a storage tank that is located at a
12facility that has withdrawal facilities which are readily
13accessible to and are capable of dispensing combustible gases
14into the fuel supply tanks of motor vehicles, shall be subject
15to return. Distributors of liquefied natural gas are not
16required to make returns under this Section with respect to
17that liquefied natural gas unless (i) the liquefied natural gas
18is dispensed into the fuel supply tank of any motor vehicle or
19(ii) the liquefied natural gas is delivered into a storage tank
20that is located at a facility that has withdrawal facilities
21which are readily accessible to and are capable of dispensing
22liquefied natural gas into the fuel supply tanks of motor
23vehicles. For purposes of this Section, a facility is
24considered to have withdrawal facilities that are not "readily
25accessible to and capable of dispensing combustible gases into
26the fuel supply tanks of motor vehicles" only if the

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1combustible gases or liquefied natural gas are delivered from:
2(i) a dispenser hose that is short enough so that it will not
3reach the fuel supply tank of a motor vehicle or (ii) a
4dispenser that is enclosed by a fence or other physical barrier
5so that a vehicle cannot pull alongside the dispenser to permit
6fueling. For the purposes of this Act, liquefied petroleum
7gases shall mean and include any material having a vapor
8pressure not exceeding that allowed for commercial propane
9composed predominantly of the following hydrocarbons, either
10by themselves or as mixtures: Propane, Propylene, Butane
11(normal butane or iso-butane) and Butylene (including
12isomers).
13 In case of a sale of special fuel to someone other than a
14licensed distributor, or a licensed supplier, for a use other
15than in motor vehicles, the distributor shall show in his
16return the amount of invoiced gallons sold and the name and
17address of the purchaser in addition to any other information
18the Department may require.
19 All special fuel sold or used for non-highway purposes must
20have a dye added in accordance with Section 4d of this Law.
21 In case of a tax-free sale, as provided in Section 6, of
22motor fuel which the distributor is required by this Section to
23include in his return to the Department, the distributor in his
24return shall show: (1) If the sale is made to another licensed
25distributor the amount sold and the name, address and license
26number of the purchasing distributor; (2) if the sale is made

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1to a person where delivery is made outside of this State the
2name and address of such purchaser and the point of delivery
3together with the date and amount delivered; (3) if the sale is
4made to the Federal Government or its instrumentalities the
5amount sold; (4) if the sale is made to a municipal corporation
6owning and operating a local transportation system for public
7service in this State the name and address of such purchaser,
8and the amount sold, as evidenced by official forms of
9exemption certificates properly executed and furnished by such
10purchaser; (5) if the sale is made to a privately owned public
11utility owning and operating 2-axle vehicles designed and used
12for transporting more than 7 passengers, which vehicles are
13used as common carriers in general transportation of
14passengers, are not devoted to any specialized purpose and are
15operated entirely within the territorial limits of a single
16municipality or of any group of contiguous municipalities or in
17a close radius thereof, and the operations of which are subject
18to the regulations of the Illinois Commerce Commission, then
19the name and address of such purchaser and the amount sold as
20evidenced by official forms of exemption certificates properly
21executed and furnished by the purchaser; (6) if the product
22sold is special fuel and if the sale is made to a licensed
23supplier under conditions which qualify the sale for tax
24exemption under Section 6 of this Act, the amount sold and the
25name, address and license number of the purchaser; and (7) if a
26sale of special fuel is made to someone other than a licensed

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1distributor, or a licensed supplier, for a use other than in
2motor vehicles, by making a specific notation thereof on the
3invoice or sales slip covering such sales and obtaining such
4supporting documentation as may be required by the Department.
5 All special fuel sold or used for non-highway purposes must
6have a dye added in accordance with Section 4d of this Law.
7 A person whose license to act as a distributor of motor
8fuel has been revoked shall make a return to the Department
9covering the period from the date of the last return to the
10date of the revocation of the license, which return shall be
11delivered to the Department not later than 10 days from the
12date of the revocation or termination of the license of such
13distributor; the return shall in all other respects be subject
14to the same provisions and conditions as returns by
15distributors licensed under the provisions of this Act.
16 The records, waybills and supporting documents kept by
17railroads and other common carriers in the regular course of
18business shall be prima facie evidence of the contents and
19receipt of cars or tanks covered by those records, waybills or
20supporting documents.
21 If the Department has reason to believe and does believe
22that the amount shown on the return as purchased, acquired,
23received, exported, sold, used, lost or destroyed is incorrect,
24or that an amount of motor fuel of the types required by the
25second paragraph of this Section to be reported to the
26Department has not been correctly reported the Department shall

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1fix an amount for such receipt, sales, export, use, loss or
2destruction according to its best judgment and information,
3which amount so fixed by the Department shall be prima facie
4correct. All returns shall be made on forms prepared and
5furnished by the Department, and shall contain such other
6information as the Department may reasonably require. The
7return must be accompanied by appropriate computer-generated
8magnetic media supporting schedule data in the format required
9by the Department, unless, as provided by rule, the Department
10grants an exception upon petition of a taxpayer. All licensed
11distributors shall report all losses of motor fuel sustained on
12account of fire, theft, spillage, spoilage, leakage, or any
13other provable cause when filing the return for the period
14during which the loss occurred. If the distributor reports
15losses due to fire or theft, then the distributor must include
16fire department or police department reports and any other
17documentation that the Department may require. The mere making
18of the report does not assure the allowance of the loss as a
19reduction in tax liability. Losses of motor fuel as the result
20of evaporation or shrinkage due to temperature variations may
21not exceed 1% of the total gallons in storage at the beginning
22of the month, plus the receipts of gallonage during the month,
23minus the gallonage remaining in storage at the end of the
24month. Any loss reported that is in excess of 1% shall be
25subject to the tax imposed by Section 2 of this Law. On and
26after July 1, 2001, for each 6-month period January through

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1June, net losses of motor fuel (for each category of motor fuel
2that is required to be reported on a return) as the result of
3evaporation or shrinkage due to temperature variations may not
4exceed 1% of the total gallons in storage at the beginning of
5each January, plus the receipts of gallonage each January
6through June, minus the gallonage remaining in storage at the
7end of each June. On and after July 1, 2001, for each 6-month
8period July through December, net losses of motor fuel (for
9each category of motor fuel that is required to be reported on
10a return) as the result of evaporation or shrinkage due to
11temperature variations may not exceed 1% of the total gallons
12in storage at the beginning of each July, plus the receipts of
13gallonage each July through December, minus the gallonage
14remaining in storage at the end of each December. Any net loss
15reported that is in excess of this amount shall be subject to
16the tax imposed by Section 2 of this Law. For purposes of this
17Section, "net loss" means the number of gallons gained through
18temperature variations minus the number of gallons lost through
19temperature variations or evaporation for each of the
20respective 6-month periods.
21(Source: P.A. 96-1384, eff. 7-29-10.)
22 Section 10. The Weights and Measures Act is amended by
23changing Sections 2 and 8 as follows:
24 (225 ILCS 470/2) (from Ch. 147, par. 102)

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1 Sec. 2. Definitions. As used in this Act:
2 "Person" means both singular and plural as the case
3demands, and includes individuals, partnerships, corporations,
4companies, societies and associations.
5 "Weights and measures" means all weights and measures of
6every kind, instruments and devices for weighing and measuring,
7and any appliances and accessories associated with any or all
8such instruments and devices, including all grain moisture
9measuring devices, but does not include meters for the
10measurement of electricity, gas (natural or manufactured) or
11water operated in a public utility system. These electricity
12meters, gas meters, and water meters, and their appliances or
13accessories, and slo flo meters, are specifically excluded from
14the scope and applicability of this Act.
15 "Sell" and "sale" includes barter and exchange.
16 "Director" means the Director of Agriculture.
17 "Department" means the Department of Agriculture.
18 "Inspector" means an inspector of weights and measures of
19this State.
20 "Sealer" and "deputy sealer" mean, respectively, a sealer
21of weights and measures and a deputy sealer of weights and
22measures of a city.
23 "Intrastate commerce" means any and all commerce or trade
24that is commenced, conducted and completed wholly within the
25limits of this State, and the phrase "introduced into
26intrastate commerce" means the time and place at which the

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1first sale and delivery being made either directly to the
2purchaser or to a carrier for shipment to the purchaser.
3 "Commodity in package form" means a commodity put up or
4packaged in any manner in advance of sale in units suitable for
5either wholesale or retail sale, excluding any auxiliary
6shipping container enclosing packages which individually
7conform to the requirements of this Act. An individual item or
8lot of any commodity not in package form as defined in this
9Section but on which there is marked a selling price based on
10an established price per unit of weight or of measure shall be
11deemed a commodity in package form.
12 "Consumer package" and "package of consumer commodity"
13mean any commodity in package form that is customarily produced
14or distributed for sale through retail sales agencies or
15instrumentalities for consumption by individuals or use by
16individuals for the purposes of personal care or in the
17performance of services ordinarily rendered in or about the
18household or in connection with personal possessions, and which
19usually is consumed or expended in the course of such
20consumption or use.
21 "Nonconsumer package" and "package of nonconsumer
22commodity" mean any commodity in package form other than a
23consumer package, and particularly a package designed solely
24for industrial or institutional use or for wholesale
25distribution only.
26 "Certificate of Conformance" means a document issued by the

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1National Conference on Weights and Measures based on testing in
2participating laboratories that indicates that the weights and
3measures or weighing and measuring device conform with the
4requirements of National Institute of Standards and
5Technology's Handbooks 44, 105-1, 105-2, 105-3, 105-4, or 105-8
6and any subsequent revisions or supplements thereto.
7 "Prepackage inspection violation" means that the majority
8of the lots of prepackaged commodities inspected at a single
9location are found to have one or more packages below the
10maximum allowable variation as published in the National
11Institute of Standards and Technology Handbook 133 or the
12majority of the lots inspected at a single location are found
13to be below the stated net weight declaration on an average.
14 "Diesel gallon equivalent" means 6.06 pounds of liquefied
15natural gas or 6.41 pounds of propane.
16 "Gasoline gallon equivalent" means 5.660 pounds of
17compressed natural gas.
18(Source: P.A. 96-1333, eff. 7-27-10.)
19 (225 ILCS 470/8) (from Ch. 147, par. 108)
20 Sec. 8. Regulations; issuance; contents. The Director
21shall from time to time issue reasonable regulations for
22enforcement of this Act that shall have the force and effect of
23law. In determining these regulations, he shall appoint,
24consult with, and be advised by committees representative of
25industries to be affected by the regulations. These regulations

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1may include (1) standards of net weight, measure or count, and
2reasonable standards of fill, for any commodity in package
3form, (2) rules governing the technical and reporting
4procedures to be followed and the report and record forms and
5marks of approval and rejection to be used by inspectors of
6weights and measures in the discharge of their official duties,
7and (3) exemptions from the sealing or marking requirements of
8Section 14 of this Act with respect to weights and measures of
9such character or size that such sealing or marking would be
10inappropriate, impracticable, or damaging to the apparatus in
11question. These regulations shall include specifications,
12tolerances, and regulations for weights and measures, of the
13character of those specified in Section 10 of this Act,
14designed to eliminate from use (without prejudice to apparatus
15that conforms as closely as practicable to the official
16standards) such weights and measures as are (1) inaccurate, (2)
17of faulty construction (that is, not reasonably permanent in
18their adjustment or not capable of correct repetition of their
19indications), or (3) conducive to the perpetration of fraud.
20Specifications, tolerances, and regulations for commercial
21weighing and measuring devices recommended by the National
22Institute of Standards and Technology and published in National
23Institute of Standards and Technology Handbook 44 and
24supplements thereto or in any publication revising or
25superseding Handbook 44, shall be the specifications,
26tolerances, and regulations for commercial weighing and

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1measuring devices of this State, except insofar as specifically
2modified, amended, or rejected by a regulation issued by the
3Director. Notwithstanding the provisions of this paragraph,
4liquefied natural gas and propane used as motor fuel shall be
5sold in diesel gallon equivalents, and compressed natural gas
6shall be sold in gasoline gallon equivalents. Propane used as
7motor fuel shall be sold in actual measured gallon volumetric
8units, which shall then be multiplied by 0.651 to determine the
9diesel gallon equivalents that are subject to tax under the
10Motor Fuel Tax Law.
11 The National Institute of Standards and Technology
12Handbook 133 and its supplements, or any publication revising
13or superseding Handbook 133, shall be the method for checking
14the net contents of commodities in package form. The National
15Institute of Standards and Technology Handbooks 105-1, 105-2,
16105-3, 105-4, 105-8, and their supplements, or any publication
17revising or superseding Handbooks 105-1, 105-2, 105-3, 105-4,
18and 105-8 shall be specifications and tolerances for reference
19standards and field standards weights and measures.
20 For purposes of this Act, apparatus shall be deemed
21"correct" when it conforms to all applicable requirements
22promulgated as specified in this Section. Apparatus that does
23not conform to all applicable requirements shall be deemed
24"incorrect".
25 The Director is authorized to prescribe by regulation,
26after public hearings, container sizes for fluid dairy products

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1and container sizes for ice cream, frozen desserts, and similar
2items.
3 For the purposes of this Act, any apparatus certified by
4the Department or city sealer as of July 1, 2012 satisfies
5construction and installation requirements.
6 The Uniform Packaging and Labeling Regulation and the
7Uniform Regulation for the Method of Sale of Commodities in the
8National Institute of Standards and Technology Handbook 130,
9and any of its subsequent supplements or revisions, shall be
10the requirements and standards governing the packaging,
11labeling, and method of sale of commodities for this State,
12except insofar as specifically modified, amended, or rejected
13by regulation issued by the Director, and except that liquefied
14natural gas used as motor fuel shall be sold in diesel gallon
15equivalents, and compressed natural gas shall be sold in
16gasoline gallon equivalents.
17(Source: P.A. 98-342, eff. 8-13-13.)
18 Section 15. The Environmental Impact Fee Law is amended by
19changing Section 310 as follows:
20 (415 ILCS 125/310)
21 (Section scheduled to be repealed on January 1, 2025)
22 Sec. 310. Environmental impact fee; imposition. Beginning
23January 1, 1996, all receivers of fuel are subject to an
24environmental impact fee of $60 per 7,500 gallons of fuel, or

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1an equivalent amount per fraction thereof, that is sold or used
2in Illinois. The fee shall be paid by the receiver in this
3State who first sells or uses the fuel. The environmental
4impact fee imposed by this Law replaces the fee imposed under
5the corresponding provisions of Article 3 of Public Act 89-428.
6Environmental impact fees paid under that Article 3 shall
7satisfy the receiver's corresponding liability under this Law.
8 A receiver of fuels is subject to the fee without regard to
9whether the fuel is intended to be used for operation of motor
10vehicles on the public highways and waters. However, no fee
11shall be imposed upon the importation or receipt of aviation
12fuels and kerosene at airports with over 170,000 operations per
13year, located in a city of more than 1,000,000 inhabitants, for
14sale to or use by holders of certificates of public convenience
15and necessity or foreign air carrier permits, issued by the
16United States Department of Transportation, and their air
17carrier affiliates, or upon the importation or receipt of
18aviation fuels and kerosene at facilities owned or leased by
19those certificate or permit holders and used in their
20activities at an airport described above. In addition, no fee
21may be imposed upon the importation or receipt of diesel fuel
22or liquefied natural gas sold to or used by a rail carrier
23registered under Section 18c-7201 of the Illinois Vehicle Code
24or otherwise recognized by the Illinois Commerce Commission as
25a rail carrier, to the extent used directly in railroad
26operations. In addition, no fee may be imposed when the sale is

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1made with delivery to a purchaser outside this State or when
2the sale is made to a person holding a valid license as a
3receiver. In addition, no fee shall be imposed upon diesel fuel
4or liquefied natural gas consumed or used in the operation of
5ships, barges, or vessels, that are used primarily in or for
6the transportation of property in interstate commerce for hire
7on rivers bordering on this State, if the diesel fuel or
8liquefied natural gas is delivered by a licensed receiver to
9the purchaser's barge, ship, or vessel while it is afloat upon
10that bordering river. A specific notation thereof shall be made
11on the invoices or sales slips covering each sale.
12(Source: P.A. 92-232, eff. 8-2-01.)
13 Section 99. Effective date. This Act takes effect July 1,
142017.

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1 INDEX
2 Statutes amended in order of appearance