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making biodiesel in IL....what are the legalities?
Last post 03-28-2008 04:01 PM by alter. 5 replies.
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07-02-2007 07:22 PM
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brent1a
  - Joined on 07-02-2007
- Posts 1
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making biodiesel in IL....what are the legalities?
I'm looking into setting up a small biodiesel processor in my garage. Maybe 40 gallons at a whack. I'm waiting on Bill 267 to get signed by Blago but I am just curious what all I may have to go through just to make my own biodiesel. Can anyone explain to me what I currently have to do in IL and what will change if/when Blago signs the bill? Also how much extra does it cost me? thanks -Brent
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WinePress.US
- Joined on 12-20-2007
- Posts 1
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Re: making biodiesel in IL....what are the legalities?
Same here, I'd be interested in learning what incentives IL has, as well as "taxes" that apply.
Cheers,
joel
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Biogrove
 - Joined on 04-07-2007
- Chicago Area
- Posts 177
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Re: making biodiesel in IL....what are the legalities?
I am not a lawyer (nor do I play one on TV) but I believe this years legislative session cleared up some of the issues in this regard
Here is a link to an article about the retired chemist who was hassled by the "revenuers" and the resultant public outcry prompted the fast tracking of the Legislation linked and pasted at the bottom of this message.
http://www.mail-archive.com/sustainablelorgbiofuel@sustainablelists.org/msg69119.html
Basically the bill requires anyone making less than 5000 gallons a year to file a tax form by mid January of each year to pay for road use taxes. If you make more than 5000 gal/yr you mus register with the State and make monthly tax payments.
Compiled Statutes
Bill No.: SB 267
An Act Concerning: Revenue
Description: Categorizes anyone who creates bio-fuel for non-commercial use as a “Private Biodiesel Fuel Producer.”
Action: Signed
Effective Date: Immediately
Public Act 095-0264
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Public Act 095-0264
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| SB0267 Enrolled |
LRB095 10556 BDD 30775 b | |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Motor Fuel Tax Law is amended by adding |
Section 2d as follows:
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(35 ILCS 505/2d new) |
Sec. 2d. Reporting and payment requirements for persons who |
produce biodiesel fuel or biodiesel blends for self-use. |
(a) Beginning July 1, 2007, notwithstanding any other |
reporting provisions of this Act, if a private biodiesel fuel |
producer's total gallonage that is taxable under Sections 2 and |
2a of this Act for biodiesel fuel and biodiesel fuel blends is |
less than 5,000 gallons per year, then he or she must file |
returns and make payment of the tax imposed by Section 2 and |
Section 2a of this Act on an annual basis. The returns and |
payment of tax for a given year are due by January 20 of the |
following year. |
(b) If a private biodiesel fuel producer's total gallonage |
that is taxable under Sections 2 and 2a of this Act for |
biodiesel fuel and biodiesel fuel blends is 5,000 or more |
gallons per year, then he or she must file returns and make |
payment of the tax imposed by Section 2 and Section 2a of this |
Act on a monthly basis. The returns and payment of tax are due |
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between the 1st and 20th days of each calendar month for the |
preceding calendar month. |
(c) Except for persons required to be licensed under |
Section 13a.4 of this Act, a person who is subject to the |
provisions of this Section is exempt from all bonding and |
licensure requirements otherwise imposed under this Act. Each |
person who is subject to the provisions of this Section must |
keep records as required by Section 12 of this Act. |
(d) For the purposes of this Section: |
"Biodiesel blend" has the meaning set forth under Section |
3-42 of the Use Tax Act (35 ILCS 105/3-42). |
"Biodiesel fuel" has the meaning set forth under Section |
3-41 of the Use Tax Act (35 ILCS 105/3-41). |
"Biomass materials" has the meaning set forth under Section |
3-43 of the Use Tax Act (35 ILCS 105/3-43). |
"Private biodiesel fuel producer" means a person whose only |
activities with respect to motor fuel are: |
(1) the conversion of any biomass materials into |
biodiesel fuel, which is produced exclusively for personal |
use and not for sale; or |
(2) the blending of biodiesel fuel resulting in |
biodiesel blends, which is produced exclusively for |
personal use and not for sale.
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Section 10. The Environmental Impact Fee Law is amended by |
changing Section 325 as follows:
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(415 ILCS 125/325) |
(Section scheduled to be repealed on January 1, 2013) |
Sec. 325. Incorporation of other Acts. The provisions of |
Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, |
6c, 8, 9, 10 and 12 (except to the extent to which the minimum |
notice requirement for hearings conflicts with that provided |
for in Section 16 of the Motor Fuel Tax Law), of the Retailers' |
Occupation Tax Act that are not inconsistent with this Act, and |
Section 3-7 of the Uniform Penalty and Interest Act shall apply |
as far as practicable, to the subject matter of this Law to the |
same extent as if those provisions were included in this Law. |
In addition, Sections 2d, 12, 12a, 13a.8, 14, 15, 16, 17, |
and 18 of the Motor Fuel Tax Law shall apply as far as |
practicable, to the subject matter of this Law to the same |
extent as if those provisions were included in this Law. |
References to "taxes" in these incorporated Sections shall |
be construed to apply to the administration, payment, and |
remittance of all fees under this Law. |
(Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96; |
90-491, eff. 1-1-98.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |
Effective Date: 8/17/2007
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Biogrove
- Joined on 04-07-2007
- Chicago Area
- Posts 177
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Re: making biodiesel in IL....what are the legalities?
For the answer to your rebate question the threshold was lowered to at least B-20 this year from B-80. The forms and lots more detail are at the following link.
http://www.illinoisgreenfleets.org/fuels/index.html
Rebate Amounts
The rebate amount for an alternate fuel vehicle purchase is for 80 percent of the incremental cost of the vehicle up to $4,000. The rebate amount for the conversion of a conventional vehicle to operate with an alternate fuel is for 80 percent of the cost of the conversion up to $4,000. The rebate amounts for E-85 are currently set at $450 or $340 per vehicle, depending on the miles driven during the year (e.g., $450 if the vehicle travels more than 17,500 miles, $340 if it travels less than that during the year). For Biodiesel, the rebate amount is currently based on the incremental cost of using B-20 or higher blends versus regular diesel. As with the other types of rebates, the rebate amount will be calculated at 80 percent of the incremental cost of using Biodiesel. The Illinois EPA will issue rebates as determined by the availability of funds in the Alternate Fuels Fund.
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Sunday
  - Joined on 01-07-2008
- Chicago
- Posts 63
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Re: making biodiesel in IL....what are the legalities?
Nice. Up 80% of $4,000.
If I buy a Hummvee and call it a truck and I think I get to deduct the entire $60k plus sticker price over five years.
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alter
- Joined on 03-28-2008
- Posts 1
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Re: making biodiesel in IL....what are the legalities?
I don't understand the rebate..would the vehicle rebate apply to a new diesel vehicle if I buy it with the intention of only using biodiesel?
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