SB3980sam001 104TH GENERAL ASSEMBLY

Sen. Mike Porfirio

Filed: 3/10/2026

10400SB3980sam001 LRB104 18198 JRC 35287 a

AMENDMENT TO SENATE BILL 3980

AMENDMENT NO. ______. Amend Senate Bill 3980 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be referred to as the Diesel Emissions Accountability and Fleet Data Act.

Section 5. The Illinois Vehicle Code is amended by changing Sections 13-102.1 and 13-109.1 and by adding Section 18c-1206 as follows:

(625 ILCS 5/13-102.1)

Sec. 13-102.1. Diesel-powered Diesel powered vehicle emission inspection report. Beginning July 1, 2000, the Department of Transportation shall conduct an annual study concerned with the results of emission inspections for diesel-powered diesel powered vehicles registered for a gross weight of more than 16,000 pounds or having a gross vehicle weight rating of more than 16,000 pounds. The study shall be reported to the General Assembly by June 30, 2001, and every June 30 thereafter. The study shall also be sent to the Illinois Environmental Protection Agency for its use in environmental matters. Beginning July 1, 2027, the Department of Transportation must include the results of emission inspections for diesel-powered vehicles registered for a gross weight of more than 10,000 pounds or having a gross vehicle weight rating of more than 10,000 pounds in the annual study required under this Section.

The study shall include, but not be limited to, the following information:

(a) the number of diesel-powered diesel powered vehicles that were inspected for emission compliance pursuant to this Chapter 13 during the previous year, separating the number of inspections conducted at a brick-and-mortar official testing station and the number of inspections conducted by an official portable emissions testing company;

(b) the number of diesel-powered diesel powered vehicles that failed and passed the emission inspections conducted pursuant to this Chapter 13 during the previous year, separating the number of inspections conducted at a brick-and-mortar official testing station and the number of inspections conducted by an official portable emissions testing company; and

(c) the number of diesel-powered diesel powered vehicles that failed the emission inspections conducted pursuant to this Chapter 13 more than once in the previous year, separating the number of inspections conducted at a brick-and-mortar official testing station and the number of inspections conducted by an official portable emissions testing company.

(Source: P.A. 102-566, eff. 1-1-22.)

(625 ILCS 5/13-109.1)

Sec. 13-109.1. Annual emission inspection tests; standards; penalties; funds.

(a) Until June 30, 2027, for For each diesel powered vehicle that (i) is registered for a gross weight of more than 16,000 pounds, (ii) is registered within an affected area, and (iii) is a 2 year or older model year, an annual emission inspection test shall be conducted at an official testing station or by an official portable emissions testing company certified by the Illinois Department of Transportation to perform diesel emission inspections pursuant to the standards set forth in subsection (b) or (b-2) of this Section, as applicable. This annual emission inspection test may be conducted in conjunction with a semi-annual safety test.

Beginning July 1, 2027, for each diesel-powered vehicle that is registered for a gross weight of more than 10,000 pounds, is registered within an affected area, and is a 2-year or older model year, an annual emission inspection test must be conducted at an official testing station or by an official portable emissions testing company certified by the Department of Transportation to perform diesel emission inspections under the standards set forth in subsection (b-2) of this Section. This annual emission inspection test may be conducted in conjunction with a semiannual safety test. For purposes of subsection (a), beginning July 1, 2027, compliance with emission standards must be determined under subsection (b) or (b-2), as applicable, based on the vehicle's gross weight and model year.

(a-5) (Blank).

(b) Diesel emission inspections conducted under this Chapter 13 shall be conducted in accordance with the Society of Automotive Engineers Recommended Practice J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles" and the cutpoint standards set forth in the United States Environmental Protection Agency guidance document "Guidance to States on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure". Those procedures and standards, as now in effect, are made a part of this Code, in the same manner as though they were set out in full in this Code.

Notwithstanding the above cutpoint standards, for motor vehicles that are model years 1973 and older, until December 31, 2002, the level of peak smoke opacity shall not exceed 70 percent. Beginning January 1, 2003, for motor vehicles that are model years 1973 and older, the level of peak smoke opacity shall not exceed 55 percent.

(b-2) Notwithstanding subsection (b), beginning July 1, 2027, diesel emission inspections conducted under Chapter 13 must be in accordance with the Society of Automotive Engineers Recommended Practice J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles" and must determine compliance using the following standards, as applicable:

(1) For diesel-powered vehicles registered for a gross weight of more than 14,000 pounds that do not have onboard diagnostics systems, the level of peak smoke opacity may not exceed:

(A) 40% opacity for vehicles that are model years 1990 and older;

(B) 30% opacity for vehicles that are model years 1991 through 1996;

(C) 20% opacity for vehicles that are model years 1997 through 2006; and

(D) 5% opacity for vehicles that are model years 2007 through 2012.

(2) An onboard diagnostics testing protocol must be used to determine that the emissions control system is in full operation for:

(A) diesel-powered vehicles registered for a gross weight of more than 14,000 pounds that are model years 2013 or later; and

(B) diesel-powered vehicles registered for a gross weight of 10,001 pounds through 14,000 pounds that are model year 2007 or later.

The Pollution Control Board must amend its smoke opacity standards and test procedures, and the Department of Transportation must adopt rules defining onboard diagnostic testing protocols, training and equipment needs, fee assessments, and enforcement procedures under this Section.

(c) If the annual emission inspection under subsection (a) reveals that the vehicle is not in compliance with the diesel emission standards set forth in subsection (b) or (b-2) of this Section, as applicable, the operator of the official testing station or official portable emissions testing company shall issue a warning notice requiring correction of the violation. The correction shall be made and the vehicle submitted to an emissions retest at an official testing station or official portable emissions testing company certified by the Department to perform diesel emission inspections within 30 days from the issuance of the warning notice requiring correction of the violation.

If, within 30 days from the issuance of the warning notice, the vehicle is not in compliance with the diesel emission standards set forth in subsection (b) or (b-2), as applicable, as determined by an emissions retest at an official testing station or through an official portable emissions testing company, the certified emissions testing operator or the Department shall place the vehicle out-of-service in accordance with the rules promulgated by the Department. Operating a vehicle that has been placed out-of-service under this subsection (c) is a petty offense punishable by a $2,000 $1,000 fine. The vehicle must pass a diesel emission inspection at an official testing station before it is again placed in service. The Secretary of State, Illinois State Police, and other law enforcement officers shall enforce this Section. No emergency vehicle, as defined in Section 1-105, may be placed out-of-service pursuant to this Section.

The Department, an official testing station, or an official portable emissions testing company may issue a certificate of waiver subsequent to a reinspection of a vehicle that failed the emissions inspection. Certificate of waiver shall be issued upon determination that documented proof demonstrates that emissions repair costs for the noncompliant vehicle of at least $6,000 $3,000 have been spent in an effort to achieve compliance with the emission standards set forth in subsection (b) or (b-2) as applicable. The Department of Transportation shall adopt rules for the implementation of this subsection including standards of documented proof as well as the criteria by which a waiver shall be granted.

(c-5) (Blank).

(d) (Blank).

(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)

(625 ILCS 5/18c-1206 new)

Sec. 18c-1206. Large fleet reporting requirement.

(a) The purpose of this Section is to establish reporting requirements for motor carriers in the State to gather data on the transition of medium-duty and heavy-duty vehicles to zero-emission vehicles over time. This public data will provide regulators and government agencies with the information necessary to identify the hardest-to-electrify sectors and invest public dollars responsibly.

(b) In this Section:

"Common ownership or control" means being owned, dispatched, or managed on a day-to-day basis by the same person or entity. Vehicles managed by the same directors, officers, or managers, or by distinct corporations that are controlled by the same majority stockholders are considered to be under common ownership or control, even if their titles are held by different business entities or they have different taxpayer identification numbers. A vehicle is considered to be under an entity's control if that entity operates the vehicle using that entity's State or federal operating authority or other registration. Vehicles owned by different entities but operated by using common or shared resources to manage the day-to-day operations by using the same motor carrier number, displaying the same name or logo, or contractors who represent the same company are considered to be under common ownership or control. Common ownership or control of a federal government vehicle is the primary responsibility of the governmental agency that is directly responsible for the day-to-day operational control of the vehicle. Common ownership or control does not include independent owner-operators or motor carriers that are dispatched by, but are not subject to the day-to-day operational direction and maintenance control of, a broker or third party.

"Drayage truck" means any in-use, on-road vehicle with a gross vehicle weight rating greater than 33,000 pounds that is used for transporting cargo, such as containerized, bulk, or break-bulk goods that:

(1) operates on or transgresses through an Illinois port, warehouse of 30,000 square feet or larger, or intermodal railyard property to load, unload, or transport cargo, including empty containers and chassis; or

(2) operates on off-port or intermodal railyard property transporting cargo or empty containers or chassis that originated from or is destined to a port or intermodal railyard property.

"Drayage truck" does not include trucks that are any of the following:

(1) Class 6 or smaller;

(2) unibody vehicles that do not have separate tractor and trailers, including, but not limited to, dedicated auto transports, dedicated fuel delivery vehicles, concrete mixers, and on-road mobile cranes;

(3) emergency vehicles;

(4) military tactical support vehicle; and

(5) off-road vehicles, such as a yard truck or a mobile crane

"Fleet" means one or more medium-duty or heavy-duty vehicles owned by a fleet owner or under common ownership or control of a controlling party. "Fleet" includes rental or leased vehicles that are considered owned by the fleet owner. "Fleet" does not include vehicles held solely for sale, lease, or transfer and not operated on public roadways during the reporting period.

"Fleet owner" means the person or entity that owns the vehicles comprising the fleet. The owner is presumed to be either the person registered with the Secretary of State as the owner or lessee of a vehicle or its equivalent in another state, province, or country. Vehicle ownership is based on the vehicle registration document or the vehicle title, except for the following:

(1) For vehicles that are owned by the federal government and not registered in any State or local jurisdiction, the owner is the department, agency, branch, or other entity of the United States, including the United States Postal Service, to which the vehicles in the fleet are assigned or that has responsibility for maintenance of the vehicles.

(2) For vehicles that are rented or leased from a business that is regularly engaged in the trade or business of renting or leasing motor vehicles without drivers, including truck leases that are part of a bundled service agreement, the owner is presumed to be the rental or leasing entity for purposes of compliance, unless the rental or lease agreement for the vehicle is for a period of one year or longer and the terms of the rental or lease agreement or other equally reliable evidence identifies the renting operator or lessee of the vehicle as the party responsible for compliance with State laws, including for reporting obligations under this Section.

"Medium-duty or heavy-duty vehicle" means a vehicle with a gross vehicle weight rating greater than 8,500 pounds.

(c) By no later than July 1, 2027, the Illinois Commerce Commission must adopt reporting metrics for the purposes of this Section for large medium-duty and heavy-duty vehicle fleets operating in Illinois. The Commission must establish rules and processes governing the collection, submission, and management of reported vehicle and fuel information to inform the transition to zero-emission vehicles. The rules must also provide for coordination and data sharing, as appropriate and consistent with State and federal law, among State agencies including, but not limited to, the Department of Transportation, the Office of the Secretary of State, and the Environmental Protection Agency, for the purpose of reducing duplicative reporting burdens on regulated entities, improving data accuracy and completeness, and supporting State transportation planning, infrastructure investment, and incentive programs. The rules must include significant public and stakeholder engagement before completion. In adopting rules under this subsection, the Commission must adhere to the following:

(1) It must establish reporting metrics that prioritize public health and climate outcomes for disadvantaged communities. The final metrics must provide useful and publicly available information to inform State incentives, utility planning, and infrastructure investments for the zero-emission vehicle transition for communities most burdened by vehicle traffic. At a minimum, required reporting metrics must include:

(A) fleet size;

(B) vehicle body type;

(C) fuel type; and

(D) vehicle home base.

(2) It must establish eligible entities as a fleet that operated a facility in Illinois in 2025 and met, at a minimum, any of the following criteria:

(A) any fleet owner that had gross annual revenues greater than $20,000,000 in the United States for the 2025 tax year, including revenues from all subsidiaries under common ownership and control, subdivisions, or branches, and had one or more medium-duty or heavy-duty vehicles under common ownership or control that were operated in Illinois in 2025;

(B) any fleet owner in the 2025 calendar year that had 5 or more medium-duty or heavy-duty vehicles under common ownership or control;

(C) any broker or entity that dispatched 5 or more medium-duty or heavy-duty vehicles into or throughout Illinois in 2025;

(D) any State governmental agency, including all State and local municipalities, that had one or more medium-duty or heavy-duty vehicles that were operated in Illinois in 2025; or

(E) any federal governmental agency that had one or more medium-duty or heavy-duty vehicles that were operated in Illinois in 2025.

(3) It must establish a reporting frequency of 2 years for all eligible entities. The results of the reporting must be made publicly available in an easy-to-understand and anonymized form, aggregated by geography, sector, or vehicle class, before the subsequent reporting requirement.

(4) It must establish a specific program for drayage vehicles in this State with a reporting frequency of one year.

(5) It must provide opportunity for public comment and engagement before each reporting period begins.

(6) It must establish reasonable penalties for noncompliance.

(7) It must provide for the repeal of reporting requirements that is conditioned on the State having reached the goal of having 100% of the vehicles that are medium-duty or heavy-duty vehicles be zero-emission vehicles. The Commission must periodically evaluate whether the conditions for the repeal of those requirements have been met and provide public notice before termination of reporting requirements.

Section 90. The State Mandates Act is amended by adding Section 8.50 as follows:

(30 ILCS 805/8.50 new)

Sec. 8.50. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 104th General Assembly.

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".