CHAPTER 171

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 51

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 51, TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR FUEL AND SPECIAL FUEL TAX LAW.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5131(4), Title 30, Delaware Code, by deleting the period therein and by adding the following:

"and except that it does not include combustible gases and liquids used prior to January 1, 1996, in a program to determine commercial feasibility of alternatively—fueled vehicles."

Section 2. Amend §5131, Title 30, Delaware Code by adding a new paragraph (11) as follows:

"'A program to demonstrate commercial feasibility of alternatively—fueled vehicles' means testing programs, pilot programs, demonstration programs and other programs in which data is being collected on fuel economy, performance and air emissions of vehicles primarily propelled by fuels other than gasoline, reformulated gasoline, diesel fuel, reformulated diesel fuel, fuel oil, or kerosene and, for any taxpayer, the number of vehicles involved in such programs does not exceed the greater of 10 vehicles or 10 percent of the taxpayer's vehicles propelled primarily by a fuel subject to tax under this Chapter."

Section 3. The Department of Transportation's administrative powers set forth in §5138 extend to the amendments made to Chapter 51 herein.

Section 4. This Act shall go into effect three months following the date of enactment.

Approved July 29, 1993.