Full Text of HB3424 95th General Assembly
HB3424ham004 95TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 5/23/2008
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| AMENDMENT TO HOUSE BILL 3424
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| AMENDMENT NO. ______. Amend House Bill 3424, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Illinois Clean Car Act. | 7 |
| Section 5. Definitions. As used in this Act: | 8 |
| "Agency" means the Illinois Environmental Protection | 9 |
| Agency. | 10 |
| "CARB" means the California Air Resources Board. | 11 |
| "CCR" means the California Code of Regulations. | 12 |
| "Dealer" means a person who is engaged in the sale or | 13 |
| distribution of new motor vehicles or new motor vehicles to the | 14 |
| ultimate purchaser, and who is licensed under Section 5-101 of | 15 |
| the Illinois Vehicle Code. | 16 |
| "Fleet average" means, for the purposes of motor vehicles |
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| subject to Illinois' Clean Vehicles Program requirements, a | 2 |
| motor vehicle manufacturer's average vehicle emissions of all | 3 |
| NMOG emissions from vehicles which are produced and delivered | 4 |
| for sale in this State in any model year. | 5 |
| "Light-duty truck (LDT)" means a motor vehicle rated at | 6 |
| 8,500 pounds gross vehicle weight or less which is designed | 7 |
| primarily for purposes of transportation of property or is a | 8 |
| derivative of such a vehicle, or is available with special | 9 |
| features enabling off-street or off-highway operation and use. | 10 |
| "Light-duty vehicle (LDV)" means a passenger car or | 11 |
| light-duty truck. | 12 |
| "Gross vehicle weight" or "GVW" means the weight of a | 13 |
| vehicle plus the weight the vehicle is designed to carry. | 14 |
| "NMOG" means nonmethane organic gases. | 15 |
| "Offset vehicle" means a light-duty vehicle which meets the | 16 |
| certification requirements of the State of California as set | 17 |
| forth in Title 13 CCR, Division 3, Chapter 1, Section 1960.5. | 18 |
| Section 10. Purpose. | 19 |
| (a) This Act establishes a clean vehicles program under | 20 |
| Section 177 of the Clean Air Act (42 U.S.C.A. §7507) designed | 21 |
| primarily to achieve emission reductions of the precursors of | 22 |
| ozone and other air pollutants from new motor vehicles. | 23 |
| (b) This Act adopts and incorporates by reference certain | 24 |
| provisions of the California Low Emission Vehicle Program. | 25 |
| (c) This Act also exempts certain new motor vehicles from |
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| the Illinois Clean Vehicles Program. | 2 |
| (d) The Agency may not implement or enforce any vehicle | 3 |
| emission standard which is not legally permitted to be | 4 |
| regulated under the Clean Air Act or other applicable federal | 5 |
| or State law or regulation. | 6 |
| Section 15. General requirements. | 7 |
| (a) The Illinois Clean Vehicles Program requirements apply | 8 |
| to all new passenger cars and light-duty trucks sold, leased, | 9 |
| offered for sale or lease, imported, delivered, purchased, | 10 |
| rented, acquired, received, titled, or registered in this State | 11 |
| starting with the 2012 model year and each model year | 12 |
| thereafter. | 13 |
| (b) The provisions of the California Low Emission Vehicle | 14 |
| Program (hereafter the Program), Title 13 CCR, Division 3, | 15 |
| Chapters 1 and 2, as now or hereafter amended, and as defined | 16 |
| and implemented by any other applicable California rules and | 17 |
| regulations, are adopted and incorporated herein by reference, | 18 |
| and apply except for the following: | 19 |
| (1) The zero emissions vehicle percentage requirement | 20 |
| in Title 13 CCR, Division 3, Chapter 1, §1962. | 21 |
| (2) The emissions control system warranty statement in | 22 |
| Title 13 CCR, Division 3, Chapter 1, §2039. | 23 |
| (c) The Program promulgates emissions standards for | 24 |
| individual vehicles sold in the State, as well as averages for | 25 |
| the fleet of vehicles that an automaker desires to sell in the |
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| State. Those standards are as follows: | 2 |
| (1) For NMOG, each automaker's fleet of new vehicles | 3 |
| with a GVW of less than 3,750 pounds being sold in the | 4 |
| State must average no more than 0.035 grams emitted per | 5 |
| mile. | 6 |
| (2) For NMOG, each automaker's fleet of new vehicles | 7 |
| with a GVW of at least 3,751 pounds, but no more 8,500 | 8 |
| pounds, being sold in the State must average no more than | 9 |
| 0.043 grams emitted per mile. | 10 |
| (3) Automakers must certify the vehicles they wish to | 11 |
| sell in the State as meeting Program emission standards | 12 |
| over the full useful life of the vehicle, defined as | 13 |
| 120,000 miles. In addition, automakers must certify | 14 |
| vehicles weighing no more than 8,500 lbs. as meeting a | 15 |
| separate set of Program emissions standards at the mid-term | 16 |
| life of the vehicle, defined as 50,000 miles. Vehicles must | 17 |
| be certified in one of 3 categories, each of which has | 18 |
| unique emissions standards for nitrous oxides (NOx), NMOG, | 19 |
| carbon monoxide (CO), formaldehyde (HCHO), and particulate | 20 |
| matter (PM): | 21 |
| (A) Super Ultra Low Emission Vehicles (SULEV); | 22 |
| (B) Ultra Low Emission Vehicles (ULEV); and | 23 |
| (C) Low Emission Vehicles (LEV). | 24 |
| (4) These 3 categories are within each of 3 weight | 25 |
| classes: | 26 |
| (A) Vehicles with a GVW of less than 8,500 pounds; |
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| (B) Vehicles with a GVW of at least 8,501 pounds | 2 |
| but no more than 10,000 pounds; and | 3 |
| (C) Vehicles with a GVW of at least 10,001 pounds | 4 |
| but no more than 14,000 pounds. | 5 |
| (5) In grams/mile, at the 50,000 mile level, the | 6 |
| standards for vehicles with a GVW of less than 8,500 pounds | 7 |
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8 | | Category | NOx | MNOG | CO | HCHO | PM |
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9 | | SULVEV | 0.02 | 0.010 | 1.0 | 0.004 | N/A |
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10 | | ULEV | 0.05 | 0.040 | 1.07 | 0.008 | N/A |
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11 | | LEV | 0.07 | 0.075 | 3.4 | 0.015 | N/A |
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| (6) In grams/mile, at the 120,000 mile level, the | 13 |
| standards for vehicles with a GVW of less than 8,500 pounds | 14 |
| are as follows; up to 4% of an automaker's vehicles | 15 |
| weighing at least 3,751 pounds and not more than 8,500 | 16 |
| pounds may certify to LEV-A values: | |
17 | | Category | NOx | MNOG | CO | HCHO | PM |
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18 | | SULVEV | 0.02 | 0.010 | 1.0 | 0.004 | 0.01 |
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19 | | ULEV | 0.07 | 0.055 | 2.1 | 0.011 | 0.01 |
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20 | | LEV | 0.07 | 0.090 | 4.2 | 0.018 | 0.01 |
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21 | | LEV-A | 0.10 | 0.090 | 4.2 | 0.018 | 0.01 |
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| (7) In grams/mile, the standards for vehicles with a | 2 |
| GVW of at least 8,501 pounds but no more than 10 000 pounds | 3 |
| are: | |
4 | | Category | NOx | MNOG | CO | HCHO | PM |
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5 | | SULVEV | 0.1 | 0.100 | 3.2 | 0.008 | 0.06 |
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6 | | ULEV | 0.2 | 0.143 | 6.4 | 0.016 | 0.06 |
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7 | | LEV | 0.2 | 0.195 | 6.4 | 0.032 | 0.12 |
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| (8) In grams/mile, the standards for vehicles with a | 9 |
| GVW of at least 10,001 pounds but no more than 14,000 | 10 |
| pounds are: | |
11 | | Category | NOx | MNOG | CO | HCHO | PM |
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12 | | SULVEV | 0.2 | 0.117 | 3.7 | 0.010 | 0.06 |
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13 | | ULEV | 0.4 | 0.167 | 7.3 | 0.021 | 0.06 |
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14 | | LEV | 0.4 | 0.230 | 7.3 | 0.040 | 0.12 |
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| (9) The Program requires automakers to certify the | 16 |
| vehicles they wish to sell in the State according to a | 17 |
| scale of carbon dioxide grams/mile emission ceilings that | 18 |
| begins in Model Year 2012, the first year in which the | 19 |
| Program will be applicable in the State. Those standards | 20 |
| are as follows: | |
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| 1 | | | 2 | | Year | Vehicles<=3,750 lbs. GVW | Vehicles with GVW between 3,751 lbs. and 8,500 lbs. |
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3 | | 2012 | 233 | 361 |
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4 | | 2013 | 227 | 355 |
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5 | | 2014 | 222 | 350 |
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6 | | 2015 | 213 | 341 |
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7 | | 2016 | 205 | 332 |
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| Section 20. Emission requirements. | 9 |
| (a) Starting with the model year 2012, a person may not | 10 |
| sell, import, deliver, purchase, lease, rent, acquire, | 11 |
| receive, title or register a new light-duty vehicle, subject to | 12 |
| the Illinois Clean Vehicles Program requirements, in this State | 13 |
| that has not received a CARB Executive Order for all applicable | 14 |
| requirements of Title 13 CCR, incorporated herein by reference. | 15 |
| (b) Starting with the model year 2012, compliance with the | 16 |
| NMOG fleetwide average in Title 13 CCR, Division 3, Chapter 1, | 17 |
| §1961 shall be demonstrated for each motor vehicle manufacturer | 18 |
| based on the number of new light-duty vehicles delivered for | 19 |
| sale in this State. | 20 |
| (c) Credits and debits for calculating the NMOG fleet | 21 |
| average shall be based on the number of light-duty vehicles | 22 |
| delivered for sale in this State and may be accrued and | 23 |
| utilized by each manufacturer according to procedures in Title | 24 |
| 13 CCR, Division 3, Chapter 1, Section 1960.1, subsection |
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| (g)(2), FN 7 through 9, and subsection (h)(2), FN 12 and 16. | 2 |
| (d) New motor vehicles subject to this Act must possess a | 3 |
| valid emissions control label which meets the requirements of | 4 |
| Title 13 CCR, Division 3, Chapter 1, Section 1965. | 5 |
| Section 25. Exemptions. | 6 |
| (a) The following new motor vehicles are exempt from the | 7 |
| Illinois Clean Vehicles Program requirements of this Act: | 8 |
| (1) Emergency vehicles. | 9 |
| (2) A light-duty vehicle transferred by a dealer to | 10 |
| another dealer for ultimate sale outside of this State. | 11 |
| (3) A light-duty vehicle transferred for use | 12 |
| exclusively off-highway. | 13 |
| (4) A light-duty vehicle transferred for registration | 14 |
| out-of-State. | 15 |
| (5) A light-duty vehicle granted a national security or | 16 |
| testing exemption under Section 203(b)(1) of the Clean Air | 17 |
| Act (42 U.S.C.A. §7522(b)(1)). | 18 |
| (6) A light-duty vehicle held for daily lease or rental | 19 |
| to the general public which is registered and principally | 20 |
| operated outside of this State. | 21 |
| (7) A light-duty vehicle engaged in interstate | 22 |
| commerce which is registered and principally operated | 23 |
| outside of this State. | 24 |
| (8) A light-duty vehicle acquired by a resident of this | 25 |
| State for the purpose of replacing a vehicle registered to |
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| the resident which was damaged, or became inoperative, | 2 |
| beyond reasonable repair or was stolen while out of this | 3 |
| State if the replacement vehicle is acquired out of this | 4 |
| State at the time the previously owned vehicle was either | 5 |
| damaged or became inoperative or was stolen. | 6 |
| (9) A light-duty vehicle transferred by inheritance or | 7 |
| court decree. | 8 |
| (10) A light-duty vehicle defined as a military | 9 |
| tactical vehicle or engines used in military tactical | 10 |
| vehicles including a vehicle or engine excluded from | 11 |
| regulation under 40 CFR 85.1703 (relating to application of | 12 |
| section 216(2) of the federal Clean Air Act). | 13 |
| (11) A light-duty vehicle titled or registered in this | 14 |
| State of model year 2011 or earlier. | 15 |
| (12) A light-duty vehicle having a certificate of | 16 |
| conformity issued under the Clean Air Act and originally | 17 |
| registered in another state by a resident of that state who | 18 |
| subsequently establishes residence in this State and upon | 19 |
| registration of the vehicle provides satisfactory evidence | 20 |
| to the Secretary of State of the previous residence and | 21 |
| registration. | 22 |
| (13) A vehicle transferred for the purpose of salvage. | 23 |
| (b) To title or register an exempted vehicle, the person | 24 |
| seeking title or registration shall provide satisfactory | 25 |
| evidence, as required by the Secretary of State by | 26 |
| administrative rule, demonstrating that the exemption is |
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| applicable. | 2 |
| Section 30. New motor vehicle certification testing. | 3 |
| (a) Prior to being offered for sale or lease in this State, | 4 |
| new motor vehicles subject to the Illinois Clean Vehicles | 5 |
| Program requirements must be certified by CARB as meeting the | 6 |
| motor vehicle requirements of Title 13 CCR, Division 3, Chapter | 7 |
| 1, Section 1961, as determined by testing in accordance with | 8 |
| Title 13 CCR, Division 3, Chapter 2, Section 2062. | 9 |
| (b) For purposes of complying with subsection (a), new | 10 |
| vehicle certification testing determinations and findings made | 11 |
| solely by CARB are applicable and shall be provided by motor | 12 |
| vehicle manufacturers to the Agency upon a written request. | 13 |
| Section 35. New motor vehicle compliance testing. | 14 |
| (a) Prior to being offered for sale or lease in this State, | 15 |
| new motor vehicles subject to the Illinois Clean Vehicles | 16 |
| Program requirements of this Act must be certified by CARB as | 17 |
| meeting the motor vehicle requirements of Title 13 CCR, | 18 |
| Division 3, Chapter 1, Section 1961, as determined by New | 19 |
| Vehicle Compliance Testing, conducted in accordance with Title | 20 |
| 13 CCR, Division 3, Chapter 2, Section 2101. | 21 |
| (b) For purposes of complying with subsection (a), new | 22 |
| vehicle compliance testing determinations and findings made | 23 |
| solely by CARB are applicable and shall be provided by motor | 24 |
| vehicle manufacturers to the Agency upon a written request. |
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| Section 40. Assembly line testing. | 2 |
| (a) Each manufacturer of new motor vehicles subject to the | 3 |
| Illinois Clean Vehicles Program requirements of this Act, | 4 |
| certified by CARB and sold or leased in this State, shall | 5 |
| conduct inspection testing and quality audit testing in | 6 |
| accordance with Title 13 CCR, Division 3, Chapter 2, Sections | 7 |
| 2106 and 2107. | 8 |
| (b) For purposes of complying with subsection (a), | 9 |
| inspection testing and quality audit testing determinations | 10 |
| and findings made by CARB are applicable and shall be provided | 11 |
| by motor vehicle manufacturers to the Agency upon a written | 12 |
| request. | 13 |
| (c) If a motor vehicle manufacturing facility that | 14 |
| manufactures vehicles for sale in this State certified by CARB | 15 |
| is not subject to the inspection testing and quality audit | 16 |
| testing requirements of CARB, the Agency may, after | 17 |
| consultation with CARB, require testing in accordance with | 18 |
| Title 13 CCR, Division 3, Chapter 2, Section 2062. Upon a | 19 |
| manufacturer's written request and demonstration of need, | 20 |
| functional testing under the procedures incorporated in Title | 21 |
| 13 CCR, Division 3, Chapter 2, Section 2062, of a statistically | 22 |
| significant sample, may substitute for the 100% testing rate | 23 |
| required in Title 13 CCR, Division 3, Chapter 2, Section 2062 | 24 |
| with the written consent of the Agency. |
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| Section 45. In-use motor vehicle enforcement testing. | 2 |
| (a) For purposes of detection and repair of motor vehicles | 3 |
| subject to the Illinois Clean Vehicles Program requirements | 4 |
| which fail to meet the motor vehicle emission requirements of | 5 |
| Title 13 CCR, Division 3, Chapter 1, Section 1961, the Agency | 6 |
| may, after consultation with CARB, conduct in-use vehicle | 7 |
| enforcement testing in accordance with the protocol and testing | 8 |
| procedures in Title 13 CCR, Division 3, Chapter 2, Article 2.3. | 9 |
| (b) For purposes of compliance with subsection (a), in-use | 10 |
| vehicle enforcement testing determinations and findings made | 11 |
| by CARB are applicable and shall be provided by motor vehicle | 12 |
| manufacturers to the Agency upon a written request. | 13 |
| (c) The results of testing conducted under this Section do | 14 |
| not affect the result of any emission test conducted under any | 15 |
| other provision of Illinois law. | 16 |
| Section 50. In-use surveillance testing. | 17 |
| (a) For purposes of testing and monitoring the overall | 18 |
| effectiveness of the Illinois Clean Vehicles Program in | 19 |
| controlling emissions, the Agency may conduct in-use | 20 |
| surveillance testing after consultation with CARB. | 21 |
| (b) For purposes of program planning and analysis, in-use | 22 |
| surveillance testing determinations and findings made by CARB | 23 |
| are applicable and shall be provided by motor vehicle | 24 |
| manufacturers to the Agency upon a written request. | 25 |
| (c) The results of in-use surveillance testing conducted |
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| under this Section will not affect the result of any emission | 2 |
| test conducted under any other provision of Illinois law. | 3 |
| Section 55. Warranty and recall. | 4 |
| (a) A manufacturer of new motor vehicles subject to the | 5 |
| Illinois Clean Vehicles Program requirements of this Act which | 6 |
| are sold, leased, offered for sale or lease, titled, or | 7 |
| registered in this State, shall warrant to the owner that each | 8 |
| vehicle will comply over its period of warranty coverage with | 9 |
| the requirements of Title 13 CCR, Division 3, Chapter 1, | 10 |
| §2035-2038, 2040, and 2041 and this Act. | 11 |
| (b) Each motor vehicle manufacturer shall, upon a written | 12 |
| request, submit to the Agency failure of emission-related | 13 |
| components reports, as defined in Title 13 CCR, Division 3, | 14 |
| Chapter 2, Article 2.4 for motor vehicles subject to the | 15 |
| Illinois Clean Vehicles Program in compliance with the | 16 |
| procedures in Title 13 CCR, Division 3, Chapter 2, Article 2.4. | 17 |
| For purposes of compliance with this subsection, a manufacturer | 18 |
| may submit copies of the reports submitted to CARB. | 19 |
| (c) For motor vehicles subject to the Illinois Clean | 20 |
| Vehicles Program, any voluntary or influenced emission-related | 21 |
| recall campaign initiated by any motor vehicle manufacturer | 22 |
| under Title 13 CCR, Division 3, Chapter 2, Sections 2148 and | 23 |
| 2149 shall extend to all motor vehicles sold, leased, offered | 24 |
| for sale or lease, titled, or registered in this State that | 25 |
| would be subject to the recall campaign if sold, leased, |
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| offered for sale or lease or registered as a new motor vehicle | 2 |
| in California, unless within 30 days of CARB approval of the | 3 |
| recall campaign, the manufacturer demonstrates, in writing, to | 4 |
| the Agency's satisfaction that the recall campaign is not | 5 |
| applicable to vehicles sold, leased, offered for sale or lease, | 6 |
| titled, or registered in this State. | 7 |
| (d) For motor vehicles subject to the Illinois Clean | 8 |
| Vehicles Program, any order issued by or enforcement action | 9 |
| taken by CARB to correct noncompliance with any provision of | 10 |
| Title 13 CCR, which results in the recall of any vehicle | 11 |
| pursuant to Title 13 CCR, Division 3, Chapter 2, Section 2148 | 12 |
| and 2149 shall be deemed to apply to all motor vehicles sold, | 13 |
| leased, offered for sale or lease, titled or registered in this | 14 |
| State that would be subject to the order or enforcement action | 15 |
| if sold, leased, offered for sale or lease or registered as a | 16 |
| new motor vehicle in California, unless within 30 days of | 17 |
| issuance of the CARB action, the manufacturer demonstrates, in | 18 |
| writing, to the Agency's satisfaction that the action is not | 19 |
| applicable to vehicles sold, leased, offered for sale or lease, | 20 |
| titled or registered in this State. | 21 |
| Section 60. Reporting requirements. | 22 |
| (a) For the purposes of determining compliance with the | 23 |
| Illinois Clean Vehicles Program, commencing with the 2012 model | 24 |
| year, each manufacturer shall submit annually to the Agency, | 25 |
| within 60 days of the end of each model year, a report |
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| documenting the total deliveries for sale of vehicles in each | 2 |
| test group over that model year in this State. | 3 |
| (b) For purposes of determining compliance with the | 4 |
| Illinois Clean Vehicles Program, each motor vehicle | 5 |
| manufacturer shall submit annually to the Agency by March 1 of | 6 |
| the calendar year following the close of the completed model | 7 |
| year, a report of the fleet average NMOG emissions of its total | 8 |
| deliveries for sale of light-duty vehicles in each test group | 9 |
| for Illinois for that particular model year. The fleet average | 10 |
| report, calculating compliance with the fleetwide NMOG exhaust | 11 |
| emission average, shall be prepared according to the procedures | 12 |
| in Title 13 CCR, Division 3, Chapter 1, Section 1960.1. | 13 |
| subsection (g)(2). | 14 |
| (c) Fleet average reports must, at a minimum, identify the | 15 |
| total number of vehicles, including offset vehicles, sold in | 16 |
| each test group delivered for sale in this State, the specific | 17 |
| vehicle models comprising the sales in each state and the | 18 |
| corresponding certification standards, and the percentage of | 19 |
| each model sold in this State in relation to total fleet sales. | 20 |
| (d) Compliance with the NMOG fleet average for the 2012, | 21 |
| 2013 and 2014 model years must be demonstrated following the | 22 |
| completion of the 2014 model year. | 23 |
| Section 65. Responsibilities of motor vehicle dealers. A | 24 |
| dealer may not sell, offer for sale or lease, or deliver a new | 25 |
| motor vehicle subject to this Act unless the vehicle has |
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| received the certification described in Sections 30 and 35 of | 2 |
| this Act (relating to new motor vehicle certification testing | 3 |
| and new motor vehicle compliance testing), and conforms to the | 4 |
| following standards and requirements contained in Title 13 CCR, | 5 |
| Division 3, Chapter 2, §2151: | 6 |
| (1) Ignition timing is set to manufacturer's | 7 |
| specification with an allowable tolerance of ±3°. | 8 |
| (2) Idle speed is set to manufacturer's specification | 9 |
| with an allowable tolerance of ±100 revolutions per minute. | 10 |
| (3) Required exhaust and evaporative emission | 11 |
| controls, including exhaust gas recirculation (EGR) | 12 |
| valves, are operating properly. | 13 |
| (4) Vacuum hoses and electrical wiring for emission | 14 |
| controls are correctly routed. | 15 |
| (5) Idle mixture is set to manufacturer's | 16 |
| specification or according to manufacturer's recommended | 17 |
| service procedure. | 18 |
| Section 70. Incorporating future amendments into the | 19 |
| Illinois Clean Vehicle Program. The Illinois Pollution Control | 20 |
| Board shall adopt amendments, and only those amendments, so | 21 |
| that the Illinois Clean Vehicle Program is kept identical in | 22 |
| substance to the program outlined in Title 13 CCR, Division 3, | 23 |
| Chapters 1 and 2.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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