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91_HB2031enr
HB2031 Enrolled LRB9104097KSgcC
1 AN ACT concerning motor vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Diesel Emissions Testing Fund.
8 Section 7. The State Mandates Act is amended by adding
9 Section 8.23 as follows:
10 (30 ILCS 805/8.23 new)
11 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
12 and 8 of this Act, no reimbursement by the State is required
13 for the implementation of any mandate created by this
14 amendatory Act of the 91st General Assembly.
15 Section 10. The Illinois Vehicle Code is amended by
16 changing Sections 13-103, 13-106, and 13-114 and adding
17 Sections 13-100.1, 13-102.1, 13-109.1, 13-109.2, 13-109.3,
18 13-116.1, and 13-117 as follows:
19 (625 ILCS 5/13-100.1 new)
20 Sec. 13-100.1. Definitions. As used in this Chapter,
21 "affected areas" means the counties of Cook, DuPage, Lake,
22 Kane, McHenry, Will, Madison, St. Clair, and Monroe and the
23 townships of Aux Sable and Goose Lake in Grundy County and
24 the township of Oswego in Kendall County.
25 (625 ILCS 5/13-102.1 new)
26 Sec. 13-102.1. Diesel powered vehicle emission
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1 inspection report. Beginning July 1, 2000, the Department of
2 Transportation shall conduct an annual study concerned with
3 the results of emission inspections for diesel powered
4 vehicles registered for a gross weight of more than 16,000
5 pounds. The study shall be reported to the General Assembly
6 by June 30, 2001, and every June 30 thereafter. The study
7 shall also be sent to the Illinois Environmental Protection
8 Agency for its use in environmental matters.
9 The studies shall include, but not be limited to, the
10 following information:
11 (a) the number of diesel powered vehicles that were
12 inspected for emission compliance pursuant to this
13 Chapter 13 during the previous year;
14 (b) the number of diesel powered vehicles that
15 failed and passed the emission inspections required
16 pursuant to this Chapter 13 during the previous year; and
17 (c) the number of diesel powered vehicles that
18 failed the emission inspections pursuant to this Chapter
19 13 more than once in the previous year.
20 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
21 Sec. 13-103. Official testing stations - Fee - Permit -
22 Bond. Upon the payment of a fee of $10 and the filing of an
23 application by the proprietor of any vehicle service station
24 or public or private garage upon forms furnished by the
25 Department, accompanied by proof of experience, training and
26 ability of the operator of the testing equipment, together
27 with proof of installation of approved testing equipment as
28 defined in Section 13-102 and the giving of a bond
29 conditioned upon faithful observance of this Section and of
30 rules and regulations issued by the Department in the amount
31 of $1,000 with security approved by the Department, the
32 Department shall issue a permit to the proprietor of such
33 vehicle service station or garage to operate an Official
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1 Testing Station. Such permit shall expire 12 months following
2 its issuance, but may be renewed annually by complying with
3 the requirements set forth in this Section and upon the
4 payment of a renewal fee of $10. Proprietors of official
5 testing stations for which permits have been issued prior to
6 the effective date of this Act may renew such permits for the
7 renewal fee of $10 on the expiration of each 12 months
8 following issuance of such permits, by complying with the
9 requirements set forth in this Section. However, any city,
10 village or incorporated town shall upon application to the
11 Department and without payment of any fee or filing of any
12 bond, but upon proof of experience, training and ability of
13 the operator of the testing equipment, and proof of the
14 installation of approved testing equipment as defined in
15 Section 13-102, be issued a permit to operate such testing
16 station as an Official Testing Station under this Act. The
17 permit so issued shall at all times be displayed in a
18 prominent place in the vehicle service station, garage or
19 municipal testing station which is licensed as an Official
20 Testing Station under this Act. No person or vehicle service
21 station, garage or municipal testing station shall in any
22 manner claim or represent himself or itself to be an official
23 testing station unless a permit has been issued to him or it
24 as provided in this Section.
25 Any person or municipality who or which has received a
26 permit under this Section may test his or its own second
27 division vehicles and issue certificates of safety and
28 conduct emission inspections of his or its own second
29 division vehicles in accordance with the requirements of
30 Section 13-109.1 with respect to any such second division
31 vehicles owned, operated or controlled by him or it.
32 Each such permit issued by the Department shall state on
33 its face the location of the official testing station to be
34 operated under the permit and safety tests shall be made only
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1 at such location. However, the Department may, upon
2 application, authorize a change in the location of the
3 official testing station and the removal of the testing
4 equipment to the new location. Upon approval of such
5 application, the Department shall issue an endorsement which
6 the applicant shall affix to his permit. Such endorsement
7 constitutes authority for the applicant to make such change
8 in location and to remove his testing equipment at the times
9 and to the places stated in the endorsement.
10 (Source: P.A. 80-606.)
11 (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
12 Sec. 13-106. Rates and charges by official testing
13 stations-Schedule to be filed. Every operator of an official
14 testing station shall file with the Department, in the manner
15 prescribed by the Department, a schedule of all rates and
16 charges made by him for performing the tests test provided
17 for in Section 13-101 and Section 13-109.1. Such rate or
18 charge shall include an amount to reimburse the operator of
19 the official testing station for the purchase from the
20 Department of the certificate of safety required by this
21 chapter, not to exceed that fee paid to the Department by the
22 operator authorized by this chapter. Such rates and charges
23 shall be just and reasonable and the Department upon its own
24 initiative or upon complaint of any person or corporation may
25 require the testing station operator to appear for a hearing
26 and prove that the rates so filed are just and reasonable. A
27 "just and reasonable" rate or charge, for the purposes of
28 this Section, means a rate or charge which is the same, or
29 nearly the same, as the prevailing rate or charge for the
30 same or similar tests made in the community where the station
31 is located. No operator may change this schedule of rates
32 and charges until the proposed changes are filed with and
33 approved by the Department. No license may be issued to any
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1 official testing station unless the applicant has filed with
2 the Department a proposed schedule of rates and charges and
3 unless such rates and charges have been approved by the
4 Department. No operator of an official testing station shall
5 charge more or less than the rates so filed with and approved
6 by the Department.
7 (Source: P.A. 80-606.)
8 (625 ILCS 5/13-109.1 new)
9 Sec. 13-109.1. Annual emission inspection tests;
10 standards; penalties; funds.
11 (a) For each diesel powered vehicle that is registered
12 for a gross weight of more than 16,000 pounds, is registered
13 within an affected area, and is a 2 year or older model year,
14 an annual emission inspection test shall be conducted at an
15 official testing station certified by the Department to
16 perform diesel emission inspections pursuant to the standards
17 set forth in subsection (b) of this Section. This annual
18 emission inspection test may be conducted in conjunction with
19 a semi-annual safety test.
20 (b) Diesel emission inspections conducted under this
21 Chapter 13 shall be conducted in accordance with the Society
22 of Automotive Engineers Recommended Practice J1667
23 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
24 Powered Vehicles" and the cutpoint standards set forth in the
25 United States Environmental Protection Agency guidance
26 document "Guidance to States on Smoke Opacity Cutpoints to be
27 used with the SAE J1667 In-Use Smoke Test Procedure". Those
28 procedures and standards, as now in effect, are made a part
29 of this Code, in the same manner as though they were set out
30 in full in this Code.
31 Notwithstanding the above cutpoint standards, for motor
32 vehicles that are model years 1973 and older, until December
33 31, 2002, the level of peak smoke opacity shall not exceed 70
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1 percent. Beginning January 1, 2003, for motor vehicles that
2 are model years 1973 and older, the level of peak smoke
3 opacity shall not exceed 55 percent.
4 (c) If the annual emission inspection reveals that the
5 vehicle is not in compliance with the diesel emission
6 standards set forth in subsection (b) of this Section, the
7 operator of the official testing station shall issue a
8 warning notice requiring correction of the violation. The
9 correction shall be made and the vehicle submitted to an
10 emissions retest at an official testing station certified by
11 the Department to perform diesel emission inspections within
12 30 days from the issuance of the warning notice requiring
13 correction of the violation.
14 If, within 30 days from the issuance of the warning
15 notice, the vehicle is not in compliance with the diesel
16 emission standards set forth in subsection (b) as determined
17 by an emissions retest at an official testing station, the
18 operator of the official testing station or the Department
19 shall place the vehicle out-of-service in accordance with the
20 rules promulgated by the Department. Operating a vehicle that
21 has been placed out-of-service under this subsection (c) is a
22 petty offense punishable by a $1,000 fine. The vehicle must
23 pass a diesel emission inspection at an official testing
24 station before it is again placed in service. The Secretary
25 of State, Department of State Police, and other law
26 enforcement officers shall enforce this Section. No emergency
27 vehicle, as defined in Section 1-105, may be placed
28 out-of-service pursuant to this Section.
29 The Department or an official testing station may issue a
30 certificate of waiver subsequent to a reinspection of a
31 vehicle that failed the emissions inspection. Certificate of
32 waiver shall be issued upon determination that documented
33 proof demonstrates that emissions repair costs for the
34 noncompliant vehicle of at least $3,000 have been spent in an
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1 effort to achieve compliance with the emission standards set
2 forth in subsection (b). The Department of Transportation
3 shall adopt rules for the implementation of this subsection
4 including standards of documented proof as well as the
5 criteria by which a waiver shall be granted.
6 (d) There is hereby created within the State Treasury a
7 special fund to be known as the Diesel Emissions Testing
8 Fund, constituted from the fines collected pursuant to
9 subsection (c) of this Section. Subject to appropriation,
10 moneys from the Diesel Emissions Testing Fund shall be
11 available, as a supplement to moneys appropriated from the
12 General Revenue Fund, to the Department of Transportation for
13 its implementation of the diesel emission inspection
14 requirements under this Chapter 13. All moneys received from
15 fines imposed under this Section shall be paid into the
16 Diesel Emissions Testing Fund. All citations issued pursuant
17 to this Section shall be considered non-moving violations.
18 The Department of Transportation is authorized to promulgate
19 rules to implement its responsibilities under this Section.
20 (625 ILCS 5/13-109.2 new)
21 Sec. 13-109.2. Pollution Control Board diesel emission
22 standards and tests. Within 8 months of the effective date
23 of this amendatory Act of the 91st General Assembly, the
24 Pollution Control Board shall amend its heavy-duty diesel
25 smoke opacity standards and test procedures to be consistent
26 with the procedures and standards set forth in Section
27 13-109.1.
28 (625 ILCS 5/13-109.3 new)
29 Sec. 13-109.3. Exemption from diesel emissions
30 inspections. Second division vehicles being operated on
31 plates issued pursuant to subsection (c) of Section 3-815 are
32 exempt from the diesel emissions inspection requirements set
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1 forth in this Chapter.
2 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
3 Sec. 13-114. Interstate carriers of property. Any
4 vehicle registered in Illinois and operated by an interstate
5 carrier of property shall be exempt from the provisions of
6 this Chapter provided such carrier has registered with the
7 Bureau of Motor Carrier Safety of the Federal Highway
8 Administration as an interstate motor carrier of property and
9 has been assigned a federal census number by such Bureau. An
10 interstate carrier of property, however, is not exempt from
11 the provisions of Section 13-111(b) of this Chapter.
12 Any vehicle registered in Illinois and operated by a
13 private interstate carrier of property shall be exempt from
14 the provisions of this Chapter, except the provisions of
15 Section 13-111(b), provided it:
16 1. is registered with the Bureau of Motor Carrier
17 Safety of the Federal Highway Administration, and
18 2. carries in the motor vehicle documentation
19 issued by the Bureau of Motor Carrier Safety of the
20 Federal Highway Administration displaying the federal
21 census number assigned, and
22 3. displays on the sides of the motor vehicle the
23 census number, which must be no less than 2 inches high,
24 with a brush stroke no less than 1/4 inch wide in a
25 contrasting color.
26 Notwithstanding any other provision of this Section, each
27 diesel powered vehicle that is registered for a gross weight
28 of more than 16,000 pounds, registered within the affected
29 area, and operated by an interstate carrier of property or a
30 private interstate carrier of property within the affected
31 area is subject to the provisions of this Chapter that
32 pertain to diesel emission inspections.
33 (Source: P.A. 85-1407.)
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1 (625 ILCS 5/13-116.1 new)
2 Sec. 13-116.1. Emission inspection funding. The
3 Department of Transportation shall be reimbursed for all
4 expenses related to the training, equipment, recordkeeping,
5 and conducting of diesel powered emission inspections
6 pursuant to this Chapter 13 when that testing is conducted
7 within the affected areas, subject to appropriation, from the
8 General Revenue Fund and the Diesel Emissions Testing Fund.
9 No moneys from any funds other than the General Revenue Fund
10 and the Diesel Emissions Testing Fund shall be appropriated
11 for diesel emission inspections under this Chapter 13.
12 (625 ILCS 5/13-117 new)
13 Sec. 13-117. Home rule. A unit of local government
14 within the affected areas, including home rule units, shall
15 not require or conduct a diesel emission inspection program
16 that does not meet or exceed the standards of the diesel
17 emission inspections provided for in this Chapter 13. A unit
18 of local government within the affected areas, including home
19 rule units, must affirmatively comply with the diesel
20 emission inspection requirements of this Chapter 13. This
21 Section is a limitation under subsection (i) of Section 6 of
22 Article VII of the Illinois Constitution on the concurrent
23 exercise by home rule units of powers and functions exercised
24 by the State.
25 Section 99. Effective date. This Act takes effect on
26 July 1, 2000.
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