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Full Text of SB3072
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SB3072 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3072
Introduced 1/28/2026, by Sen. Meg Loughran Cappel
SYNOPSIS AS INTRODUCED:
35 ILCS 5/247 new
Amends the Illinois Income Tax Act. Provides that a taxpayer that
incurs qualified infrastructure costs in connection with the sale at a
qualified retail motor fuel facility in the State of biodiesel, higher
blends of ethanol fuel, and renewable diesel is allowed an income tax
credit in an amount equal to 30% of those qualified infrastructure costs.
Provides that the credit may not exceed $200,000 per qualified facility
and $1,000,000 per taxpayer per taxable year. Effective immediately.
LRB104 18612 HLH 33926 b
A BILL FOR
SB3072
LRB104 18612 HLH 33926 b
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5.
The Illinois Income Tax Act is amended by
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adding Section 247 as follows:
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(35 ILCS 5/247 new)
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Sec. 247.
Credit for qualified infrastructure costs.
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(a) As used in this Section:
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"Biodiesel" means diesel fuel that is not a hydrocarbon
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fuel and that is derived from biomass that is intended for use
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in diesel engines.
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"Gasohol" means motor fuel that is a blend of denatured
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ethanol and gasoline and that contains no more than 1.25%
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water by weight.
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"Higher blends of biodiesel" means blends of diesel fuel
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that contain greater than 10% biodiesel.
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"Higher blends of ethanol" means blends of gasohol that
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contain greater than 10% denatured ethanol.
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"Higher blends of renewable diesel" means blends of diesel
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fuel that contain greater than 10% renewable diesel.
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"Qualified infrastructure costs" means reasonable costs
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paid or incurred by the taxpayer for the purchase and
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installation of new or retrofitted:
SB3072
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LRB104 18612 HLH 33926 b
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(1) underground storage tanks that are compatible with
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the storage of higher blends of ethanol, higher blends of
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biodiesel, or higher blends of renewable diesel;
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(2) motor fuel dispensers, nozzles, hoses, swivels,
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valves, blender pumps, and other equipment necessary for
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dispensing higher blends of ethanol, higher blends of
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biodiesel, or higher blends of renewable diesel to the
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public; and
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(C) associated piping, simps, gauges, and other
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necessary equipment for monitoring and control of the
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storage and retail dispensing of higher blends of ethanol,
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higher blends of biodiesel, or higher blends of renewable
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diesel, all of which are placed in service at a qualified
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retail motor fuel facility in this State during the
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taxable year.
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"Qualified infrastructure costs" does not include land
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acquisition, site preparation, buildings, and non-fuel related
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improvements.
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"Qualified retail motor fuel facility" means a facility
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located in this State that sells motor fuel at retail to the
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public.
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"Renewable diesel" means a diesel fuel that is a
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hydrocarbon fuel derived from biomass meeting the requirements
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of the latest version of ASTM standards D975 or D396. Fuels
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that have been co-processed are not considered renewable
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diesel.
SB3072
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LRB104 18612 HLH 33926 b
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(b) For taxable years beginning on or after January 1,
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2026, a taxpayer that incurs qualified infrastructure costs as
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a qualified retail motor fuel facility in this State is
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allowed a credit against the tax imposed by subsections (a)
5
and (b) of Section 201. The amount of the credit shall be equal
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to 30% of the qualified infrastructure costs, not to exceed
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$200,000 per qualified facility and $1,000,000 per taxpayer
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per taxable year.
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(c) The credit allowed under this Section may not reduce
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the taxpayer's liability to less than zero. If the amount of
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the credit exceeds the taxpayer's liability for the taxable
12
year, the excess may be carried forward and applied to the tax
13
liability of the 5 taxable years following the excess credit
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year. The credit may not be carried back.
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(d) A taxpayer receiving a credit under this Section must
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continuously offer higher blends of ethanol and biodiesel for
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retail sale at the qualified retail motor fuel facility for a
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period of not less than 5 consecutive years following the year
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in which the credit is first claimed. If the taxpayer fails to
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meet this requirement, the taxpayer's credit shall be subject
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to recapture, in whole or in part, under rules adopted by the
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Department. From December 1 of the given tax year through
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March 31 of the next tax year, a taxpayer receiving the credit
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may reduce biodiesel blends to 10% and still be in compliance
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with this subsection.
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(e) The Department, in consultation with the Department of
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Agriculture, the Office of the State Fire Marshal, and the
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Illinois Environmental Protection Agency, shall adopt rules to
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administer this Section, including procedures for
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certification of qualified infrastructure costs and
5
verification that fuel is offered for sale at the qualified
6
facility.
7
Section 99.
Effective date.
This Act takes effect upon
8
becoming law.
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