Bill Text: IL SB3916 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-12 - Referred to Assignments [SB3916 Detail]

Download: Illinois-2023-SB3916-Introduced.html

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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.
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A BILL FOR
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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

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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

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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)

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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.