Biodiesel Laws and Incentives in Illinois
The list below contains summaries of all Illinois laws and incentives related to biodiesel.
Laws and Regulations
Advanced Vehicle Acquisition and Biodiesel Fuel Use Requirement
All gasoline-powered vehicles purchased with state funds must be flex fuel vehicles (FFVs) or fuel-efficient hybrid electric vehicles (HEVs). FFVs are defined as automobiles or light trucks that operate on either gasoline or 85% ethanol (E85) fuel. Fuel-efficient HEVs are defined as automobiles or light trucks that use a gasoline or diesel engine and an electric motor to provide power and that gain at least a 20% increase in combined U.S. Environmental Protection Agency city-highway fuel economy over a comparable conventionally-powered model. Any vehicle purchased with state funds that is fueled with diesel fuel must be certified by the manufacturer to run on 5% biodiesel (B5) fuel.
15% of all vehicles purchased with state funds must be fueled by electricity, natural gas, or liquefied petroleum gas, with the exception of Department of Corrections, Department of State Police patrol, and Secretary of State vehicles. Additional exemptions may apply.
The Chief Procurement Officer may determine that certain vehicle procurements are exempt from these requirements based on intended use or other reasonable considerations such as health and safety of Illinois citizens.
(Reference 30 Illinois Compiled Statutes 500/25-75)
Alternative Fuel Labeling Requirement
Vehicles powered by liquefied petroleum gas or compressed natural gas (CNG) must visibly display identifying decals, as established by the National Fire Protection Association’s standards for the Storage and Handling of Liquefied Petroleum Gases and for CNG Vehicular Fuel Systems.
(Reference 625 Illinois Compiled Statutes 5/12-704.3)
Biodiesel Blend Use Requirement
Any diesel-powered vehicle owned or operated by the state, county or local government, school district, community college, public college or university, or mass transit agency must use a biodiesel blend that contains at least 5% biodiesel (B5) when fueling at a bulk central fueling facility. These entities are required to use B5 where available unless the vehicle engine is designed or retrofitted to operate on a higher percentage of biodiesel or on ultra-low sulfur diesel.
Biodiesel Definition and Specification
Biodiesel is defined as a fuel that is comprised of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats and that conforms to ASTM standard D6751. All fuel consisting of at least 99% biodiesel (B99) that is sold or offered for sale must conform to ASTM standard D6751.
(Reference 815 Illinois Compiled Statutes 370/4)
Biodiesel Production Tax
A private biodiesel producer that produces less than 5,000 gallons of biodiesel annually is subject to the annual state motor fuel tax. The return and payment of taxes for a given year are due by January 20 of the following year. A private biodiesel producer that produces more than 5,000 gallons of biodiesel annually must file returns and make monthly state motor fuel tax payments. The return and payment of taxes are due by the 20th day of each calendar month for the preceding calendar month. A private biodiesel fuel producer is defined as a person who converts biomass materials into biodiesel fuel or blends biodiesel fuel exclusively for personal use and not for sale.
Biofuels Education and Promotion
State agencies, including state-supported universities and colleges, must provide links from their websites to websites containing information on ethanol and biodiesel fuels. The links must connect to websites maintained and operated by state agencies and may also include links to private websites.
(Reference 505 Illinois Compiled Statutes 150/5)
Biofuels Preference for State Vehicle Procurement
When awarding contracts that require vehicle procurement, state agencies may give preference to an otherwise qualified bidder who will fulfill the contract through the use of vehicles powered by ethanol produced from Illinois corn or biodiesel produced from Illinois soybeans.
(Reference 30 Illinois Compiled Statutes 500/45-60)
Biofuels Tax Exemption
Through December 31, 2023, a sales and use tax of 6.25% applies to 100% of the proceeds from the sale of fuel blends containing 10% ethanol (E10) and fuel blends containing between 1% and 10% biodiesel (B1-B10). If at any time the sales and use tax is 1.25%, the tax on biodiesel blends will apply to 100% of the proceeds of sales made after December 31, 2028.
Sales and use taxes do not apply to the proceeds from the sale of biodiesel blends containing between 11% and 99% biodiesel (B11-B99) or fuels containing between 70% and 90% ethanol (E70-E90). Taxes will apply to 100% of the proceeds from the sale of biodiesel and ethanol fuel blends made after December 31, 2028.
Diesel Emission Reduction Grants
The Illinois Environmental Protection Agency (IEPA) administers the Driving a Cleaner Illinois program for diesel emission reduction projects. Projects are funded by Illinois’ portion of the Volkswagen Environmental Mitigation Trust, the U.S. Environmental Protection Agency’s Diesel Emission Reduction Act (DERA) Program, and the U.S. Department of Transportation Federal Highway Administration’s Congestion Mitigation and Air Quality Improvement (CMAQ) Program. For more information, including funding availability, see the IEPA Driving a Cleaner Illinois website.
School Bus Retrofit Reimbursement
The Illinois Department of Education will reimburse any qualifying school district for the cost of converting gasoline buses to more fuel-efficient engines or to engines using alternative fuels. Restrictions may apply.
(Reference 105 Illinois Compiled Statutes 5/29-5)
More Laws and Incentives
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