SB3916 103RD GENERAL ASSEMBLY

LRB103 39630 HLH 69978 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3916

Introduced 3/12/2024, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

30 ILCS 115/2.1 new
625 ILCS 5/12-705.1
5 ILCS 100/5-45.55 new

Amends the Illinois Vehicle Code. Provides that, if a county or a municipality certifies to the Department of Transportation that, whenever possible, it uses a biodiesel blend that meets or exceeds the requirements for a use tax exemption, then that municipality or county is entitled to an additional payment equal to 1% of the municipality's or county's allotment from the Local Government Distributive Fund during that fiscal year. Provides for the transfer of certain amounts from the General Revenue Fund to the Local Government Biodiesel Supplemental Distributive Fund and amends the State Revenue Sharing Act to create the Local Government Biodiesel Supplemental Distributive Fund. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective July 1, 2024.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Revenue Sharing Act is amended by adding Section 2.1 as follows:

(30 ILCS 115/2.1 new)

Sec. 2.1. Local Government Biodiesel Supplemental Distributive Fund. The Local Government Biodiesel Supplemental Distributive Fund is hereby created as a special fund in the State Treasury. Moneys in the Fund shall be used to make payments to municipalities and counties of the State as provided in subsection (c-5) of Section 12-705.1 of the Illinois Vehicle Code.

Section 10. The Illinois Vehicle Code is amended by changing Section 12-705.1 as follows:

(625 ILCS 5/12-705.1)

Sec. 12-705.1. Required use of biodiesel by certain vehicles.

(a) Beginning July 1, 2006, any diesel-powered diesel powered vehicle owned or operated by this State, any county or unit of local government, any school district, any community college or public college or university, or any mass transit agency must, when refueling at a bulk central fueling facility, use a biodiesel blend that contains 5% biodiesel, as those terms are defined in the Illinois Renewable Fuels Development Program Act, where available, unless the engine is designed or retrofitted to operate on a higher percentage of biodiesel or on ultra low sulfur fuel.

(b) Nothing in this Section prohibits any unit of government from using a biodiesel blend containing more than 2% biodiesel.

(c) As used in this Section, a "bulk central fueling facility" means a non-commercial fueling facility whose primary purpose is the fueling of vehicles owned or operated by the State, a county or unit of local government, a school district, a community college or public college or university, or a mass transit agency.

(c-5) For fiscal years beginning on or after July 1, 2024, if a county or a municipality certifies to the Department of Transportation by May 31 of the fiscal year that, whenever possible, it uses a biodiesel blend that meets or exceeds the requirements for an exemption under Section 3-5.1 of the Use Tax Act when refueling the diesel-powered vehicles owned or operated by the county or municipality, then that municipality or county is entitled to an additional payment equal to 1% of the municipality's or county's allotment from the Local Government Distributive Fund during that fiscal year. That additional payment shall be paid to the municipality or county in the next fiscal year. The county's or municipality's certification shall be accompanied by documentation of its use of qualifying biodiesel, in the form and manner required by the Department of Transportation, by rule. The Department of Transportation shall transmit the certification, along with the accompanying documentation, to the State Comptroller, the State Treasurer, and the Department of Revenue as soon as possible after receipt. By July 31 of the fiscal year in which the payments are to be made to the municipality or county, the Department of Revenue shall certify to the State Comptroller and the State Treasurer the amount of the additional payment to be made to each qualifying municipality or county. Upon receipt of the Department of Revenue's certification, the State Comptroller shall order transferred and the State Treasurer shall transfer from the General Revenue Fund to the Local Government Biodiesel Supplemental Distributive Fund the amounts certified by the Department of Revenue.

(d) The Secretary of Transportation shall adopt rules for implementing this Section.

(Source: P.A. 96-281, eff. 8-11-09.)

Section 15. The Illinois Administrative Procedure Act is amended by adding Section 5-45.55 as follows:

(5 ILCS 100/5-45.55 new)

Sec. 5-45.55. Emergency rulemaking; biodiesel supplemental payments. To provide for the expeditious and timely implementation of this amendatory Act of the 103rd General Assembly, emergency rules implementing this amendatory Act of the 103rd General Assembly may be adopted in accordance with Section 5-45 by the Department of Transportation. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 103rd General Assembly.

Section 99. Effective date. This Act takes effect July 1, 2024.