Full Text of SB0397 94th General Assembly
SB0397sam001 94TH GENERAL ASSEMBLY
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Sen. James A. DeLeo
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 397
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| AMENDMENT NO. ______. Amend Senate Bill 397 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 1-101.5 and adding Section 13B-99 and Chapter | 6 |
| 13C as follows:
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| (625 ILCS 5/1-101.5)
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| Sec. 1-101.5. Agency. For the purposes of Chapters
Chapter
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| 13B and 13C , "Agency" means the
Illinois Environmental | 10 |
| Protection Agency.
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| (Source: P.A. 90-89, eff. 1-1-98.)
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| (625 ILCS 5/13B-99 new)
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| (Section scheduled to be repealed on July 1, 2007) | 14 |
| Sec. 13B-99. Repeal. This Chapter 13B is repealed on July | 15 |
| 1, 2007. | 16 |
| (625 ILCS 5/Ch. 13C heading new)
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| CHAPTER 13C. EMISSION INSPECTION | 18 |
| (625 ILCS 5/13C-1 new) | 19 |
| Sec. 13C-1. Short title. This Chapter may be cited as the | 20 |
| Vehicle Emissions Inspection Law of 2005. |
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| (625 ILCS 5/13C-5 new) | 2 |
| Sec. 13C-5. Definitions. For the purposes of this Chapter: | 3 |
| "Affected counties" means Cook County; DuPage County; Lake | 4 |
| County; those parts of Kane County that are not included within | 5 |
| any of the following ZIP code areas, as designated by the U.S. | 6 |
| Postal Service on the effective date of this amendatory Act of | 7 |
| the 94th General Assembly: 60109, 60119, 60135, 60140, 60142, | 8 |
| 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, | 9 |
| and 60554; those parts of Kendall County that are not included | 10 |
| within any of the following ZIP code areas, as designated by | 11 |
| the U.S. Postal Service on the effective date of this | 12 |
| amendatory Act of the 94th General Assembly: 60447, 60450, | 13 |
| 60512, 60536, 60537, 60541, those parts of 60543 that are not | 14 |
| within the census defined urbanized area, 60545, 60548, and | 15 |
| 60560; those parts of McHenry County that are not included | 16 |
| within any of the following ZIP code areas, as designated by | 17 |
| the U.S. Postal Service on the effective date of this | 18 |
| amendatory Act of the 94th General Assembly: 60001, 60033, | 19 |
| 60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and | 20 |
| 60180; those parts of Will County that are not included within | 21 |
| any of the following ZIP code areas, as designated by the U.S. | 22 |
| Postal Service on the effective date of this amendatory Act of | 23 |
| the 94th General Assembly: 60401, 60407, 60408, 60410, 60416, | 24 |
| 60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950; | 25 |
| those parts of Madison County that are not included within any | 26 |
| of the following ZIP code areas, as designated by the U.S. | 27 |
| Postal Service on the effective date of this amendatory Act of | 28 |
| the 94th General Assembly: 62001, 62012, 62021, 62026, 62046, | 29 |
| 62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, | 30 |
| 62281, and 62293; those parts of Monroe County that are not | 31 |
| included within any of the following ZIP code areas, as | 32 |
| designated by the U.S. Postal Service on the effective date of | 33 |
| this amendatory Act of the 94th General Assembly: 62244, 62248, | 34 |
| 62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and |
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| 62298; and those parts of St. Clair County that are not | 2 |
| included within any of the following ZIP code areas, as | 3 |
| designated by the U.S. Postal Service on the effective date of | 4 |
| this amendatory Act of the 94th General Assembly: 62224, 62243, | 5 |
| 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, | 6 |
| 62278, 62282, 62285, 62289, 62293, and 62298. | 7 |
| "Board" means the Illinois Pollution Control Board.
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| "Claim evaluation center" means an automotive diagnostic | 9 |
| facility that meets the standards prescribed by the Agency for | 10 |
| performing examinations of vehicle emissions inspection damage | 11 |
| claims. | 12 |
| "Contractor" means the vehicle emissions test contractor | 13 |
| for official inspection stations described in Section 13C-45. | 14 |
| "Diagnostic code" means a code stored in a vehicle's | 15 |
| on-board diagnostic computer to indicate the occurrence of an | 16 |
| emissions-related condition or malfunction. | 17 |
| "Inspection area" means Cook County, DuPage County, Lake | 18 |
| County, and those portions of Kane, Kendall, Madison, McHenry, | 19 |
| Monroe, Will, and St. Clair Counties included in the definition | 20 |
| of "affected counties". | 21 |
| "Malfunction indicator lamp" means a dashboard lamp | 22 |
| designed to illuminate to alert the driver to the occurrence of | 23 |
| a problem or condition resulting in excessive emissions. | 24 |
| "On-board diagnostic system" or "OBD system" means the | 25 |
| computer-based system built into all 1996 and newer light-duty | 26 |
| vehicles and trucks, as required by the federal Clean Air Act | 27 |
| Amendments of 1990, that is designed to monitor the performance | 28 |
| of major engine and emissions controls, to alert the operator | 29 |
| to emissions-related malfunctions, and to store diagnostic | 30 |
| codes and other vehicle operating information useful in | 31 |
| repairing the vehicle. | 32 |
| "Official inspection station" means a structure or | 33 |
| physical location where the Agency has authorized vehicle | 34 |
| emissions testing to be conducted. |
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| "Owner" means the registered owner of the vehicle, as | 2 |
| indicated on the vehicle's registration. In the case of an | 3 |
| unregistered vehicle, "owner" has the meaning set forth in | 4 |
| Section 1-155 of this Code. | 5 |
| "Program" means the vehicle emission inspection program | 6 |
| established under this Chapter. | 7 |
| "Readiness status" means an indication of whether a | 8 |
| vehicle's on-board diagnostic system has completed a periodic | 9 |
| check of the performance of a monitored system or component. | 10 |
| "Resident" includes natural persons, foreign and domestic | 11 |
| corporations, partnerships, associations, and all other | 12 |
| commercial and governmental entities. For the purpose of | 13 |
| determining residence, the owner of a vehicle shall be presumed | 14 |
| to reside at the address indicated on the vehicle's | 15 |
| registration. A governmental entity, including the federal | 16 |
| government and its agencies, and any unit of local government | 17 |
| or school district, any part of which is located within an | 18 |
| affected county, shall be deemed a resident of an affected | 19 |
| county for the purpose of any vehicle that is owned by the | 20 |
| governmental entity and regularly operated in an affected | 21 |
| county. | 22 |
| "Registration" of a vehicle means its registration under | 23 |
| Article IV of Chapter 3 of this Code. | 24 |
| "Vehicle age" means the numerical difference between the | 25 |
| current calendar year and the vehicle model year. | 26 |
| (625 ILCS 5/13C-10 new) | 27 |
| Sec. 13C-10. Program. | 28 |
| (a) The Agency shall establish a program to begin February | 29 |
| 1, 2007, to reduce the emission of pollutants by motor | 30 |
| vehicles. This program shall be a replacement for and | 31 |
| continuation of the program established under the Vehicle | 32 |
| Emissions Inspection Law of 1995, Chapter 13B of this Code. | 33 |
| At a minimum, this program shall provide for all of the |
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| following: | 2 |
| (1) The inspection of certain motor vehicles every 2 | 3 |
| years, as required under Section 13C-15. | 4 |
| (2) The establishment and operation of official | 5 |
| inspection stations. | 6 |
| (3) The designation of official test equipment and | 7 |
| testing procedures. | 8 |
| (4)
The training and supervision of inspectors and | 9 |
| other personnel. | 10 |
| (5) Procedures to assure the correct operation, | 11 |
| maintenance, and calibration of test equipment. | 12 |
| (6) Procedures for certifying test results and for | 13 |
| reporting and maintaining relevant data and records. | 14 |
| (b) The Agency shall provide for the operation of a | 15 |
| sufficient number of official inspection stations to prevent | 16 |
| undue difficulty for motorists to obtain the inspections | 17 |
| required under this Chapter. In the event that the Agency | 18 |
| operates inspection stations or contracts with one or more | 19 |
| parties to operate inspection stations on its behalf, the | 20 |
| Agency shall endeavor to: (i) locate the stations so that the | 21 |
| owners of vehicles subject to inspection reside within 12 miles | 22 |
| of an official inspection station; and (ii) have sufficient | 23 |
| inspection capacity at the stations so that the usual wait | 24 |
| before the start of an inspection does not exceed 15 minutes. | 25 |
| (625 ILCS 5/13C-15 new) | 26 |
| Sec. 13C-15. Inspections. | 27 |
| (a) Beginning with the implementation of the program | 28 |
| required by this Chapter, every motor vehicle that is owned by | 29 |
| a resident of an affected county, other than a vehicle that is | 30 |
| exempt under subsection (f) or (g), is subject to inspection | 31 |
| under the program. | 32 |
| The Agency shall send notice of the assigned inspection | 33 |
| month, at least 15 days before the beginning of the assigned |
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| month, to the owner of each vehicle subject to the program. An | 2 |
| initial emission inspection sticker or initial inspection | 3 |
| certificate, as the case may be, expires on the last day of the | 4 |
| third month following the month assigned by the Agency for the | 5 |
| first inspection of the vehicle. A renewal inspection sticker | 6 |
| or certificate expires on the last day of the third month | 7 |
| following the month assigned for inspection in the year in | 8 |
| which the vehicle's next inspection is required. | 9 |
| The Agency or its agent may issue an interim emission | 10 |
| inspection sticker or certificate for any vehicle subject to | 11 |
| inspection that does not have a currently valid emission | 12 |
| inspection sticker or certificate at the time the Agency is | 13 |
| notified by the Secretary of State of its registration by a new | 14 |
| owner, and for which an initial emission inspection sticker or | 15 |
| certificate has already been issued. An interim emission | 16 |
| inspection sticker or certificate expires no later than the | 17 |
| last day of the sixth complete calendar month after the date | 18 |
| the Agency issued the interim emission inspection sticker or | 19 |
| certificate. | 20 |
| The owner of each vehicle subject to inspection shall | 21 |
| obtain an emission inspection sticker or certificate for the | 22 |
| vehicle in accordance with this subsection. Before the | 23 |
| expiration of the emission inspection sticker or certificate, | 24 |
| the owner shall have the vehicle inspected and, upon | 25 |
| demonstration of compliance, obtain a renewal emission | 26 |
| inspection sticker or certificate. A renewal emission | 27 |
| inspection sticker or certificate shall not be issued more than | 28 |
| 5 months before the expiration date of the previous inspection | 29 |
| sticker or certificate. | 30 |
| (b) Except as provided in subsection (c), vehicles shall be | 31 |
| inspected every 2 years on a schedule that begins either in the | 32 |
| second, fourth, or later calendar year after the vehicle model | 33 |
| year. The beginning test schedule shall be set by the Agency | 34 |
| and shall be consistent with the State's requirements for |
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| emission reductions as determined by the applicable United | 2 |
| States Environmental Protection Agency vehicle emissions | 3 |
| estimation model and applicable guidance and rules. | 4 |
| (c) A vehicle may be inspected at a time outside of its | 5 |
| normal 2-year inspection schedule, if (i) the vehicle was | 6 |
| acquired by a new owner and (ii) the vehicle was required to be | 7 |
| in compliance with this Act at the time the vehicle was | 8 |
| acquired by the new owner, but it was not then in compliance. | 9 |
| (d) The owner of a vehicle subject to inspection shall have | 10 |
| the vehicle inspected and shall obtain and display on the | 11 |
| vehicle or carry within the vehicle, in a manner specified by | 12 |
| the Agency, a valid unexpired emission inspection sticker or | 13 |
| certificate in the manner specified by the Agency. A person who | 14 |
| violates this subsection (d) is guilty of a petty offense, | 15 |
| except that a third or subsequent violation within one year of | 16 |
| the first violation is a Class C misdemeanor. The fine imposed | 17 |
| for a violation of this subsection shall be not less than $50 | 18 |
| if the violation occurred within 60 days following the date by | 19 |
| which a new or renewal emission inspection sticker or | 20 |
| certificate was required to be obtained for the vehicle, and | 21 |
| not less than $300 if the violation occurred more than 60 days | 22 |
| after that date. | 23 |
| (e) For a $20 fee, to be paid into the Vehicle Inspection | 24 |
| Fund, the Agency may inspect: | 25 |
| (1) A vehicle registered in and subject to the emission | 26 |
| inspections requirements of another state. | 27 |
| (2) A vehicle presented for inspection on a voluntary | 28 |
| basis. | 29 |
| Any fees collected under this subsection shall not offset | 30 |
| Motor Fuel Tax Funds normally appropriated for the program. | 31 |
| (f) The following vehicles are not subject to inspection: | 32 |
| (1) Vehicles not subject to registration under Article | 33 |
| IV of Chapter 3 of this Code, other than vehicles owned by | 34 |
| the federal government. |
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| (2) Motorcycles, motor driven cycles, and motorized | 2 |
| pedalcycles. | 3 |
| (3) Farm vehicles and implements of husbandry. | 4 |
| (4) Implements of warfare owned by the State or federal | 5 |
| government. | 6 |
| (5) Antique vehicles, custom vehicles, street rods, | 7 |
| and vehicles of model year 1967 or before. | 8 |
| (6) Vehicles operated exclusively for parade or | 9 |
| ceremonial purposes by any veterans, fraternal, or civic | 10 |
| organization, organized on a not-for-profit basis. | 11 |
| (7) Vehicles for which the Secretary of State, under | 12 |
| Section 3-117 of this Code, has issued a Junking | 13 |
| Certificate. | 14 |
| (8) Diesel powered vehicles and vehicles that are | 15 |
| powered exclusively by electricity. | 16 |
| (9) Vehicles operated exclusively in organized amateur | 17 |
| or professional sporting activities, as defined in Section | 18 |
| 3.310 of the Environmental Protection Act. | 19 |
| (10) Vehicles registered in, subject to, and in | 20 |
| compliance with the emission inspection requirements of | 21 |
| another state. | 22 |
| (11) Vehicles participating in an OBD continuous | 23 |
| monitoring program operated in accordance with procedures | 24 |
| adopted by the Agency. | 25 |
| (12) Vehicles of model year 1995 or earlier that do not | 26 |
| have an expired emissions test sticker or certificate on | 27 |
| February 1, 2007. | 28 |
| The Agency may issue temporary or permanent exemption | 29 |
| stickers or certificates for vehicles temporarily or | 30 |
| permanently exempt from inspection under this subsection (f). | 31 |
| An exemption sticker or certificate does not need to be | 32 |
| displayed. | 33 |
| (g) According to criteria that the Agency may adopt, a | 34 |
| motor vehicle may be exempted from the inspection requirements |
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| of this Section by the Agency on the basis of an Agency | 2 |
| determination that the vehicle is located and primarily used | 3 |
| outside of the affected counties or in other jurisdictions | 4 |
| where vehicle emission inspections are not required. The Agency | 5 |
| may issue an annual exemption sticker or certificate without | 6 |
| inspection for any vehicle exempted from inspection under this | 7 |
| subsection. | 8 |
| (h) Any owner or lessee of a fleet of 15 or more motor | 9 |
| vehicles that are subject to inspection under this Section may | 10 |
| apply to the Agency for a permit to establish and operate a | 11 |
| private official inspection station in accordance with rules | 12 |
| adopted by the Agency. | 13 |
| (i) Pursuant to Title 40, Section 51.371 of the Code of | 14 |
| Federal Regulations, the Agency may establish a program of | 15 |
| on-road testing of in-use vehicles through the use of remote | 16 |
| sensing devices. In any such program, the Agency shall evaluate | 17 |
| the emission performance of 0.5% of the subject fleet or 20,000 | 18 |
| vehicles, whichever is less. Under no circumstances shall | 19 |
| on-road testing include any sort of roadblock or roadside | 20 |
| pullover or cause any type of traffic delay. If, during the | 21 |
| course of an on-road inspection, a vehicle is found to exceed | 22 |
| the on-road emissions standards established for the model year | 23 |
| and type of vehicle, the Agency shall send a notice to the | 24 |
| vehicle owner. The notice shall document the occurrence and the | 25 |
| results of the on-road exceedance. The notice of a second | 26 |
| on-road exceedance shall indicate that the vehicle has been | 27 |
| reassigned and is subject to an out-of-cycle follow-up | 28 |
| inspection at an official inspection station. In no case shall | 29 |
| the Agency send a notice of an on-road exceedance to the owner | 30 |
| of a vehicle that was found to exceed the on-road emission | 31 |
| standards established for the model year and type of vehicle, | 32 |
| if the vehicle is registered outside of the affected counties. | 33 |
| (625 ILCS 5/13C-20 new) |
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| Sec. 13C-20. Rules and standards. | 2 |
| (a) The rules and emission standards adopted under | 3 |
| subsection (a) of Section 13B-20 of this Code shall apply to | 4 |
| the program established under this Chapter and continue in | 5 |
| effect until amended or repealed by the Board under this | 6 |
| subsection.
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| The Agency shall propose any other standards necessary to | 8 |
| achieve reductions in the emission of hydrocarbons, carbon | 9 |
| monoxide, and oxides of nitrogen from motor vehicles subject to | 10 |
| inspection under this Chapter. Within 120 days after the Agency | 11 |
| proposes those standards, the Board shall adopt any necessary | 12 |
| rules establishing standards for the emission of hydrocarbons, | 13 |
| carbon monoxide, and oxides of nitrogen from motor vehicles | 14 |
| subject to inspection under this Chapter. The rules may be | 15 |
| amended from time to time pursuant to Agency proposals. The | 16 |
| Board shall set standards necessary to achieve the reductions | 17 |
| in vehicle hydrocarbons, carbon monoxide, and oxides of | 18 |
| nitrogen emissions, as determined by the applicable vehicle | 19 |
| emission estimation model and rules developed by the United | 20 |
| States Environmental Protection Agency, that are required by | 21 |
| the federal Clean Air Act. A predetermined rate of failure | 22 |
| shall not be used in determining standards necessary to achieve | 23 |
| the reductions in vehicle hydrocarbons, carbon monoxide, and | 24 |
| oxides of nitrogen emissions. The emission standards | 25 |
| established by the Board for vehicles of model year 1981 or | 26 |
| later shall be identical in substance, as defined in Section | 27 |
| 7.2(a) of the Environmental Protection Act, to the emission | 28 |
| standards promulgated by the United States Environmental | 29 |
| Protection Agency. | 30 |
| Except as otherwise provided in this subsection, | 31 |
| subsection (b) of Section 27 of the Environmental Protection | 32 |
| Act and the rulemaking provisions of the Illinois | 33 |
| Administrative Procedure Act do not apply to rules adopted by | 34 |
| the Board under this subsection. Challenges to the validity of |
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| rules adopted by the Board under this subsection or subsection | 2 |
| (a) of Section 13B-20 may be brought only by filing a petition | 3 |
| for review in the Appellate Court under Section 29 of the | 4 |
| Environmental Protection Act within 35 days after the rule is | 5 |
| filed with the Secretary of State. | 6 |
| (b) The procedures established by the Agency under | 7 |
| subsection (b) of Section 13B-20 of this Code shall apply to | 8 |
| the program established under this Chapter and remain in effect | 9 |
| until amended or repealed under this subsection. The Agency may | 10 |
| at any time amend or repeal those procedures and may establish | 11 |
| additional procedures designed to implement this Chapter. | 12 |
| (625 ILCS 5/13C-25 new) | 13 |
| Sec. 13C-25. Performance of inspections. | 14 |
| (a) Except as provided in subsection (b), the inspection of | 15 |
| vehicles required under this Chapter shall be performed only: | 16 |
| (i) by inspectors who have been certified by the Agency after | 17 |
| successfully completing a course of training and successfully | 18 |
| passing a written test; (ii) at official inspection stations, | 19 |
| including on-road inspection sites established under this | 20 |
| Chapter; and (iii) with equipment that has been approved by the | 21 |
| Agency for these inspections. | 22 |
| (b) The requirements of subdivisions (a)(i) and (a)(ii) of | 23 |
| this Section do not preclude the performance of inspections (1) | 24 |
| at self-service official inspection stations, (2) using | 25 |
| Agency-approved wireless communication interfaces, and (3) | 26 |
| using systems designed to perform remote on-board diagnostic | 27 |
| inspections. | 28 |
| (c) Except as provided in subsection (d), the inspection | 29 |
| shall consist of an on-board diagnostic system test. The owner | 30 |
| of the vehicle or the owner's agent shall be entitled to an | 31 |
| emission inspection certificate issued by the Agency only if | 32 |
| all required tests are passed at the time of the inspection. | 33 |
| (d) A steady-state idle exhaust gas analysis and the |
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| evaporative system integrity test may be substituted for the | 2 |
| on-board diagnostic system test in the following cases: | 3 |
| (1) On any heavy duty vehicle with a manufacturer gross | 4 |
| vehicle weight rating in excess of 8,500 pounds not | 5 |
| equipped at the time of manufacture with an on-board | 6 |
| diagnostic system meeting federal OBD-II specifications. | 7 |
| (2) On any vehicle for which on-board diagnostic | 8 |
| testing is not possible due to the vehicle's originally | 9 |
| certified design or its design as modified in accordance | 10 |
| with federal law and regulations, and on any vehicle with | 11 |
| known on-board diagnostic communications or software | 12 |
| problems, as determined by the Agency. | 13 |
| (e) The exhaust gas analysis shall consist of a test of an | 14 |
| exhaust gas sample to determine whether the quantities of | 15 |
| exhaust gas pollutants emitted by the vehicle meet the | 16 |
| standards set for vehicles of that type under Section 13C-20. A | 17 |
| vehicle shall be deemed to have passed this portion of the | 18 |
| inspection if the evaluation of the exhaust gas sample | 19 |
| indicates that the quantities of exhaust gas pollutants emitted | 20 |
| by the vehicle do not exceed the standards set for vehicles of | 21 |
| that type under Section 13C-20 or an inspector certifies that | 22 |
| the vehicle qualifies for a waiver of the exhaust gas pollutant | 23 |
| standards under Section 13C-30. | 24 |
| (f) The evaporative system integrity test shall consist of | 25 |
| a procedure to determine if leaks exist in all or a portion of | 26 |
| the vehicle fuel evaporation emission control system. A vehicle | 27 |
| shall be deemed to have passed this test if it meets the | 28 |
| criteria that the Board may adopt for an evaporative system | 29 |
| integrity test. | 30 |
| (g) The on-board diagnostic system test shall consist of | 31 |
| accessing the vehicle's on-board computer system, determining | 32 |
| the vehicle's readiness status and malfunction indicator lamp | 33 |
| status, and retrieving any stored diagnostic codes that may be | 34 |
| present. The vehicle shall be deemed to have passed this test |
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| if the vehicle readiness status indicates that the vehicle's | 2 |
| OBD system has completed all required system and component | 3 |
| checks, the malfunction indicator lamp status is appropriate, | 4 |
| and the diagnostic codes retrieved do not exceed standards set | 5 |
| for vehicles of that type under Section 13C-20. | 6 |
| (625 ILCS 5/13C-30 new) | 7 |
| Sec. 13C-30. Waivers. | 8 |
| (a) The Agency shall certify that a vehicle that has failed | 9 |
| a vehicle emission retest qualifies for a waiver of the | 10 |
| emission inspection standards if all of the following criteria | 11 |
| are met: | 12 |
| (1) The vehicle has received all repairs and | 13 |
| adjustments for which it is eligible under any emission | 14 |
| performance warranty provided under Section 207 of the | 15 |
| federal Clean Air Act. | 16 |
| (2) The Agency determines by normal inspection | 17 |
| procedures that the vehicle's emission control devices are | 18 |
| present and appear to be properly connected and operating. | 19 |
| (3)
Consistent with Title 40, Section 51.360 of the | 20 |
| Code of Federal Regulations, for vehicles required to be | 21 |
| tested under this Chapter, an expenditure of at least $450 | 22 |
| in emission-related repairs (but exclusive of any repairs | 23 |
| related to tampering) has been made. | 24 |
| (4) For a vehicle of model year 1981 or later, the | 25 |
| repairs were performed by a recognized repair technician. | 26 |
| (5) Evidence of repair is presented, consisting of | 27 |
| either (i) signed and dated receipts identifying the | 28 |
| vehicle and describing the work performed and the amount | 29 |
| charged for the eligible emission-related repairs or (ii) | 30 |
| an affidavit executed by the person performing the eligible | 31 |
| emission-related repairs. | 32 |
| (b) The Agency may issue an emission inspection certificate | 33 |
| to a vehicle failing a retest if a complete documented physical |
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| and functional diagnosis and inspection shows that no | 2 |
| additional emission-related repairs are needed. This | 3 |
| diagnostic inspection must be performed by the Agency or its | 4 |
| designated agent and shall be available only to a vehicle owner | 5 |
| whose vehicle was repaired by a recognized repair technician. | 6 |
| (c) The Agency may extend the emission inspection | 7 |
| certificate expiration date by one year upon receipt of a | 8 |
| petition by the vehicle owner that needed repairs cannot be | 9 |
| made due to economic hardship. Consistent with Title 40, | 10 |
| Section 51.360 of the Code of Federal Regulations, this | 11 |
| extension may be granted more than once during the life of the | 12 |
| vehicle. | 13 |
| (d) The Agency may issue an emission inspection certificate | 14 |
| for a vehicle subject to inspection under this Chapter that is | 15 |
| located and primarily used in an area subject to the vehicle | 16 |
| inspection requirements of another state. An emission | 17 |
| inspection certificates shall be issued under this subsection | 18 |
| only upon receipt by the Agency of evidence that the vehicle | 19 |
| has been inspected and is in compliance with the emission | 20 |
| inspection requirements and standards applicable in the state | 21 |
| or local jurisdiction where the vehicle is being used. | 22 |
| (625 ILCS 5/13C-35 new) | 23 |
| Sec. 13C-35. Inquiries. The Agency shall develop a means of | 24 |
| responding to inquiries from inspectors and members of the | 25 |
| public concerning the program, including (i) when inspections | 26 |
| are required, (ii) what kind of inspections are required, (iii) | 27 |
| whether emission inspection stickers or certificates | 28 |
| previously required for a vehicle have been obtained, and (iv) | 29 |
| the procedures for resolving disputes concerning inspections. | 30 |
| (625 ILCS 5/13C-40 new) | 31 |
| Sec. 13C-40. Grievance and damage claim requirements and | 32 |
| procedures.
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| (a) Emissions inspection and waiver denial grievance | 2 |
| procedures. | 3 |
| (1) Any person aggrieved by a decision regarding the | 4 |
| failure of an emissions test or the denial of a waiver may | 5 |
| file a petition with the Agency within 30 days after the | 6 |
| decision was made, and the Agency shall thereupon | 7 |
| investigate the matter. Within 45 days after its receipt of | 8 |
| the petition, the Agency shall submit to the petitioner and | 9 |
| any affected inspector or station its written | 10 |
| determination of the correctness or incorrectness of the | 11 |
| decision being grieved. The written determination shall | 12 |
| include a statement of the facts relied upon and the legal | 13 |
| and technical issues decided by the Agency in making its | 14 |
| determination, and may also include an order directing the | 15 |
| inspector (i) to issue an emission inspection certificate | 16 |
| for the vehicle effective on such date as the Agency may | 17 |
| specify, (ii) to reinspect the vehicle, (iii) to apply the | 18 |
| standards that the Agency has determined to be applicable, | 19 |
| or (iv) to take any other action that the Agency deems to | 20 |
| be appropriate. In conducting the investigation, the | 21 |
| Agency may require the petitioner to present the vehicle | 22 |
| for inspection by the Agency or its designated agent. | 23 |
| (2) The written determination of the Agency shall be | 24 |
| subject to review in circuit court in accordance with the | 25 |
| provisions of the Administrative Review Law, except that no | 26 |
| challenge to the validity of a rule adopted or continued | 27 |
| under subsection (a) of Section 13C-20 shall be heard by | 28 |
| the circuit court if the challenge could have been raised | 29 |
| in a timely petition for review as provided in Section | 30 |
| 13C-20. | 31 |
| (b) Vehicle damage claim requirements and procedures. | 32 |
| (1) The contractor shall make vehicle damage claim | 33 |
| forms authorized by the Agency available for vehicle owners | 34 |
| in sufficient quantities at all official inspection |
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| stations. | 2 |
| (2) Notice of the vehicle damage claim procedures and | 3 |
| the vehicle owner's rights in relation to a vehicle damage | 4 |
| claim shall be conspicuously posted at all official | 5 |
| inspection stations. | 6 |
| (3) If a vehicle owner believes that his or her vehicle | 7 |
| was damaged by an act or omission of the contractor during | 8 |
| or as a result of an emissions inspection performed on or | 9 |
| after August 1, 2002, the owner may initiate resolution of | 10 |
| the damage claim under this subsection by complying with | 11 |
| the following: | 12 |
| (A) Within 30 days of the date of the vehicle | 13 |
| emissions inspection that allegedly caused the vehicle | 14 |
| damage, the vehicle owner shall submit a vehicle damage | 15 |
| claim to the contractor at the official inspection | 16 |
| station at which the vehicle damage allegedly | 17 |
| occurred. | 18 |
| (B) Within 30 days of filing the claim, the owner | 19 |
| shall submit to the contractor any relevant | 20 |
| information relating to the owner's claim for vehicle | 21 |
| damage, including but not limited to evaluations | 22 |
| conducted by a claims evaluation center or automotive | 23 |
| repair shop meeting standards prescribed by the | 24 |
| Agency. | 25 |
| (4) The contractor shall promptly notify the Agency of | 26 |
| each vehicle damage claim received by the contractor under | 27 |
| subdivision (b)(3) and shall forward to the Agency any | 28 |
| additional information provided by the owner. | 29 |
| (5) Within 60 days after the filing of a vehicle damage | 30 |
| claim, the contractor shall notify the vehicle owner of its | 31 |
| proposed resolution of the damage claim. | 32 |
| (6) Within 30 days after receiving the contractor's | 33 |
| proposed resolution of the damage claim, the owner may | 34 |
| petition the Agency for a review of the adequacy and |
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| completeness of the contractor's proposed resolution. The | 2 |
| petition shall be in a form specified by the Agency. | 3 |
| (7) Upon receiving a petition for review, the Agency | 4 |
| shall request the contractor to deliver to the Agency a | 5 |
| copy of the contractor's proposed resolution of the damage | 6 |
| claim, together with all documents, videotapes, and | 7 |
| information relevant to the damage claim and the proposed | 8 |
| resolution. The contractor shall provide the requested | 9 |
| materials to the Agency within 15 days of receiving the | 10 |
| Agency's request. | 11 |
| (8) Within 30 days after receiving the relevant | 12 |
| materials from the contractor, the Agency shall review the | 13 |
| materials and determine whether the contractor's proposed | 14 |
| resolution of the damage claim is adequate and complete. | 15 |
| The Agency may deem the proposed resolution of the damage | 16 |
| claim to be adequate and complete. If the Agency does not | 17 |
| deem the proposed resolution of the damage claim to be | 18 |
| adequate and complete, it may request the contractor to | 19 |
| further investigate and evaluate the damage claim and | 20 |
| resubmit its proposed resolution of the claim. The | 21 |
| contractor shall then have 30 days to respond in writing to | 22 |
| the Agency with the results of its further evaluation of | 23 |
| the damage claim and its proposed resolution. | 24 |
| (9) The Agency shall notify the vehicle owner in | 25 |
| writing of the result of its review of the adequacy and | 26 |
| completeness of the contractor's proposed resolution of | 27 |
| the damage claim. Copies of all correspondence between the | 28 |
| Agency and the contractor relating to the damage claim | 29 |
| shall also be sent to the vehicle owner. | 30 |
| (10) If, after the Agency's review, the vehicle owner | 31 |
| still does not agree with all or a portion of the proposed | 32 |
| resolution of the damage claim by the contractor, the | 33 |
| vehicle owner may further pursue the damage claim through | 34 |
| the binding arbitration process established by the |
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| contractor and accepted by the Agency, or in circuit court. | 2 |
| (11) The Agency's review of the adequacy and | 3 |
| completeness of the contractor's proposed resolution of a | 4 |
| damage claim is not binding upon the vehicle owner or the | 5 |
| contractor and does not affect the rights of the vehicle | 6 |
| owner or the contractor under law. The Agency's review of | 7 |
| the adequacy and completeness of the contractor's proposed | 8 |
| resolution of a damage claim is not a final action subject | 9 |
| to administrative review and is not subject to review by | 10 |
| the Pollution Control Board or otherwise appealable. | 11 |
| (625 ILCS 5/13C-45 new) | 12 |
| Sec. 13C-45. Contracts. | 13 |
| (a) The Agency may enter into contracts with one or more | 14 |
| responsible parties to construct and operate official | 15 |
| inspection stations, provide and maintain approved test | 16 |
| equipment, administer tests, certify results, issue emission | 17 |
| inspection stickers or certificates, maintain records, train | 18 |
| personnel, provide information to the public concerning the | 19 |
| program, or to otherwise further the goals of this Chapter. | 20 |
| (b) In preparing its proposals for bidding by potential | 21 |
| contractors, the Agency shall endeavor to include provisions | 22 |
| relating to the following factors: | 23 |
| (1) The demonstrated financial responsibility of the | 24 |
| potential contractor. | 25 |
| (2) The specialized experience and technical | 26 |
| competence of the potential contractor in connection with | 27 |
| the type of services required and the complexity of the | 28 |
| project. | 29 |
| (3) The potential contractor's past record of | 30 |
| performance on contracts with the Agency, with other | 31 |
| government agencies or public bodies, and with private | 32 |
| industry, including such items as cost, quality of work, | 33 |
| and ability to meet schedules. |
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| (4) The capacity of the potential contractor to perform | 2 |
| the work within the time limitations. | 3 |
| (5) The familiarity of the potential contractor with | 4 |
| the types of problems applicable to the project. | 5 |
| (6) The potential contractor's proposed method to | 6 |
| accomplish the work required, including where appropriate | 7 |
| any demonstrated capability of exploring and developing | 8 |
| innovative or advanced techniques and methods. | 9 |
| (7) Avoidance of personal and organizational conflicts | 10 |
| of interest prohibited under federal, State, or local law. | 11 |
| (8) The potential contractor's present and prior | 12 |
| involvement in the community and in the State of Illinois. | 13 |
| (625 ILCS 5/13C-50 new) | 14 |
| Sec. 13C-50. Costs. | 15 |
| (a) Except as otherwise provided in subsection (e) of | 16 |
| Section 13C-15, no fee shall be charged to motor vehicle owners | 17 |
| for obtaining inspections required under this Chapter. The | 18 |
| Vehicle Inspection Fund, which is a fund created in the State | 19 |
| treasury for the purpose of receiving moneys from the Motor | 20 |
| Fuel Tax Fund and other sources, shall be used, subject to | 21 |
| appropriation, for the payment of the costs of the program, | 22 |
| including reimbursement of those agencies of the State that | 23 |
| incur expenses in the administration or enforcement of the | 24 |
| program. The Vehicle Inspection Fund shall continue in | 25 |
| existence notwithstanding the repeal of Chapter 13B. Any money | 26 |
| in the Vehicle Inspection Fund on February 1, 2007, shall be | 27 |
| used for the purposes set forth in this Chapter. | 28 |
| (b) The Agency may acquire, own, maintain, operate, sell, | 29 |
| lease and otherwise transfer real and personal property and | 30 |
| interests in real and personal property for the purpose of | 31 |
| creating or operating inspection stations and for any other | 32 |
| purpose relating to the administration of this Chapter, and may | 33 |
| use money from the Vehicle Inspection Fund for these purposes. |
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| (625 ILCS 5/13C-55 new) | 2 |
| Sec. 13C-55. Enforcement. | 3 |
| (a) The Agency shall cooperate in the enforcement of this | 4 |
| Chapter by (i) identifying probable violations through | 5 |
| computer matching of vehicle registration records and | 6 |
| inspection records; (ii) sending one notice to each suspected | 7 |
| violator identified through such matching, stating that | 8 |
| registration and inspection records indicate that the vehicle | 9 |
| owner has not complied with this Chapter; (iii) directing the | 10 |
| vehicle owner to notify the Agency or the Secretary of State if | 11 |
| he or she has ceased to own the vehicle or has changed | 12 |
| residence; and (iv) advising the vehicle owner of the | 13 |
| consequences of violating this Chapter. | 14 |
| The Agency shall cooperate with the Secretary of State in | 15 |
| the administration of this Chapter and the related provisions | 16 |
| of Chapter 3, and shall provide the Secretary of State with | 17 |
| such information as the Secretary of State may deem necessary | 18 |
| for these purposes, including regular and timely access to | 19 |
| vehicle inspection records. | 20 |
| The Secretary of State shall cooperate with the Agency in | 21 |
| the administration of this Chapter and shall provide the Agency | 22 |
| with such information as the Agency may deem necessary for the | 23 |
| purposes of this Chapter, including regular and timely access | 24 |
| to vehicle registration records. Section 2-123 of this Code | 25 |
| does not apply to the provision of this information. | 26 |
| (b) The Secretary of State shall suspend either the driving | 27 |
| privileges or the vehicle registration, or both, of any vehicle | 28 |
| owner who has not complied with this Chapter, if (i) the | 29 |
| vehicle owner has failed to satisfactorily respond to the one | 30 |
| notice sent by the Agency under subsection (a), and (ii) the | 31 |
| Secretary of State has mailed the vehicle owner a notice that | 32 |
| the suspension will be imposed if the owner does not comply | 33 |
| within a stated period, and the Secretary of State has not |
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| received satisfactory evidence of compliance within that | 2 |
| period. The Secretary of State shall send this notice only | 3 |
| after receiving a statement from the Agency that the vehicle | 4 |
| owner has failed to comply with this Section. Notice shall be | 5 |
| effective as specified in subsection (c) of Section 6-211 of | 6 |
| this Code. | 7 |
| A suspension under this subsection shall not be terminated | 8 |
| until satisfactory proof of compliance has been submitted to | 9 |
| the Secretary of State. No driver's license or permit, or | 10 |
| renewal of a license or permit, may be issued to a person whose | 11 |
| driving privileges have been suspended under this Section until | 12 |
| the suspension has been terminated. No vehicle registration or | 13 |
| registration plate that has been suspended under this Section | 14 |
| may be reinstated or renewed, or transferred by the owner to | 15 |
| any other vehicle, until the suspension has been terminated. | 16 |
| (625 ILCS 5/13C-60 new) | 17 |
| Sec. 13C-60. Other offenses. | 18 |
| (a) Any person who knowingly displays an emission | 19 |
| inspection sticker or exemption sticker on any vehicle other | 20 |
| than the one for which the sticker was lawfully issued in | 21 |
| accordance with the provisions of this Chapter, or duplicates, | 22 |
| alters, uses, possesses, issues, or distributes any emission | 23 |
| inspection sticker, exemption sticker, inspection certificate, | 24 |
| or facsimile thereof, except in accordance with the provisions | 25 |
| of this Chapter and the rules and regulations adopted | 26 |
| hereunder, is guilty of a Class C misdemeanor. | 27 |
| (b) A vehicle owner shall pay a monetary fine equivalent to | 28 |
| the test fee plus the applicable waiver repair expenditure for | 29 |
| the continued operation of a noncomplying vehicle beyond 4 | 30 |
| months past the expiration of the vehicle emission inspection | 31 |
| certificate. Any fines collected under this Section shall be | 32 |
| divided equally between the local jurisdiction issuing the | 33 |
| citation and the Vehicle Inspection Fund. |
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| (625 ILCS 5/13C-75 new) | 2 |
| Sec. 13C-75. Home rule. The vehicle emission inspection | 3 |
| program created by this Chapter is hereby declared to be the | 4 |
| subject of exclusive State jurisdiction. Pursuant to | 5 |
| subsection (h) of Section 6 of Article VII of the Illinois | 6 |
| Constitution, the exercise by a home rule unit of any power | 7 |
| that is inconsistent with this Chapter is hereby specifically | 8 |
| denied and preempted. ".
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