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.


LRB103 39630 HLH 69978 b

 

 

A BILL FOR

 

SB3916LRB103 39630 HLH 69978 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Revenue Sharing Act is amended by
5adding Section 2.1 as follows:
 
6    (30 ILCS 115/2.1 new)
7    Sec. 2.1. Local Government Biodiesel Supplemental
8Distributive Fund. The Local Government Biodiesel Supplemental
9Distributive Fund is hereby created as a special fund in the
10State Treasury. Moneys in the Fund shall be used to make
11payments to municipalities and counties of the State as
12provided in subsection (c-5) of Section 12-705.1 of the
13Illinois Vehicle Code.
 
14    Section 10. The Illinois Vehicle Code is amended by
15changing Section 12-705.1 as follows:
 
16    (625 ILCS 5/12-705.1)
17    Sec. 12-705.1. Required use of biodiesel by certain
18vehicles.
19    (a) Beginning July 1, 2006, any diesel-powered diesel
20powered vehicle owned or operated by this State, any county or
21unit of local government, any school district, any community

 

 

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1college or public college or university, or any mass transit
2agency must, when refueling at a bulk central fueling
3facility, use a biodiesel blend that contains 5% biodiesel, as
4those terms are defined in the Illinois Renewable Fuels
5Development Program Act, where available, unless the engine is
6designed or retrofitted to operate on a higher percentage of
7biodiesel or on ultra low sulfur fuel.
8    (b) Nothing in this Section prohibits any unit of
9government from using a biodiesel blend containing more than
102% biodiesel.
11    (c) As used in this Section, a "bulk central fueling
12facility" means a non-commercial fueling facility whose
13primary purpose is the fueling of vehicles owned or operated
14by the State, a county or unit of local government, a school
15district, a community college or public college or university,
16or a mass transit agency.
17    (c-5) For fiscal years beginning on or after July 1, 2024,
18if a county or a municipality certifies to the Department of
19Transportation by May 31 of the fiscal year that, whenever
20possible, it uses a biodiesel blend that meets or exceeds the
21requirements for an exemption under Section 3-5.1 of the Use
22Tax Act when refueling the diesel-powered vehicles owned or
23operated by the county or municipality, then that municipality
24or county is entitled to an additional payment equal to 1% of
25the municipality's or county's allotment from the Local
26Government Distributive Fund during that fiscal year. That

 

 

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1additional payment shall be paid to the municipality or county
2in the next fiscal year. The county's or municipality's
3certification shall be accompanied by documentation of its use
4of qualifying biodiesel, in the form and manner required by
5the Department of Transportation, by rule. The Department of
6Transportation shall transmit the certification, along with
7the accompanying documentation, to the State Comptroller, the
8State Treasurer, and the Department of Revenue as soon as
9possible after receipt. By July 31 of the fiscal year in which
10the payments are to be made to the municipality or county, the
11Department of Revenue shall certify to the State Comptroller
12and the State Treasurer the amount of the additional payment
13to be made to each qualifying municipality or county. Upon
14receipt of the Department of Revenue's certification, the
15State Comptroller shall order transferred and the State
16Treasurer shall transfer from the General Revenue Fund to the
17Local Government Biodiesel Supplemental Distributive Fund the
18amounts certified by the Department of Revenue.
19    (d) The Secretary of Transportation shall adopt rules for
20implementing this Section.
21(Source: P.A. 96-281, eff. 8-11-09.)
 
22    Section 15. The Illinois Administrative Procedure Act is
23amended by adding Section 5-45.55 as follows:
 
24    (5 ILCS 100/5-45.55 new)

 

 

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1    Sec. 5-45.55. Emergency rulemaking; biodiesel supplemental
2payments. To provide for the expeditious and timely
3implementation of this amendatory Act of the 103rd General
4Assembly, emergency rules implementing this amendatory Act of
5the 103rd General Assembly may be adopted in accordance with
6Section 5-45 by the Department of Transportation. The adoption
7of emergency rules authorized by Section 5-45 and this Section
8is deemed to be necessary for the public interest, safety, and
9welfare.
10    This Section is repealed one year after the effective date
11of this amendatory Act of the 103rd General Assembly.
 
12    Section 99. Effective date. This Act takes effect July 1,
132024.