Full Text of SB2563 102nd General Assembly
SB2563sam002 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/23/2021
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| 1 | | AMENDMENT TO SENATE BILL 2563
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2563, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Sections 13-102.1, 13-106, 13-107, 13-108, and | 7 | | 13-109.1 and by adding Sections 13-102.2, 13-103.3 and | 8 | | 13-105.1 as follows:
| 9 | | (625 ILCS 5/13-102.1)
| 10 | | Sec. 13-102.1. Diesel powered vehicle emission inspection | 11 | | report.
Beginning July
1, 2000, the Department of | 12 | | Transportation
shall
conduct an annual study concerned with | 13 | | the results
of
emission inspections for diesel powered | 14 | | vehicles registered for a gross weight
of more than 16,000 | 15 | | pounds or having a gross vehicle weight rating of more
than | 16 | | 16,000 pounds. The
study
shall be reported to the General |
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| 1 | | Assembly by June 30, 2001, and every
June
30 thereafter. The | 2 | | study shall also be sent to the Illinois
Environmental
| 3 | | Protection Agency for its use in environmental matters.
| 4 | | The study shall include, but not be limited to, the | 5 | | following information:
| 6 | | (a) the number of diesel powered vehicles
that were
| 7 | | inspected for emission compliance
pursuant to
this Chapter | 8 | | 13 during the previous year , separating the number of | 9 | | inspections conducted at a brick-and-mortar official
| 10 | | testing station and the number of inspections conducted by | 11 | | an official portable emissions testing company ;
| 12 | | (b) the number of diesel powered vehicles that failed | 13 | | and passed the
emission
inspections conducted pursuant to
| 14 | | this
Chapter
13 during the previous year , separating the | 15 | | number of inspections conducted at a brick-and-mortar | 16 | | official
testing station and the number of inspections | 17 | | conducted by an official portable emissions testing | 18 | | company ; and
| 19 | | (c) the number of diesel powered vehicles that failed | 20 | | the emission
inspections conducted
pursuant to this | 21 | | Chapter 13 more than
once in
the previous year , separating | 22 | | the number of inspections conducted at a brick-and-mortar | 23 | | official
testing station and the number of inspections | 24 | | conducted by an official portable emissions testing | 25 | | company .
| 26 | | (Source: P.A. 100-700, eff. 8-3-18.)
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| 1 | | (625 ILCS 5/13-102.2 new) | 2 | | Sec. 13-102.2. Diesel Emissions Opacity Report. | 3 | | (a) By September 15, 2022, the Department of | 4 | | Transportation shall make available to the public a report | 5 | | that includes the following: | 6 | | (1) a summary and disclosure of actual Department | 7 | | diesel emission testing data for at least one year through | 8 | | June 1, 2022, including an analysis of opacity levels | 9 | | recorded from actual opacity tests conducted, keyed to the | 10 | | model year of the vehicle and mileage; | 11 | | (2) a census of the opacity limits for other states | 12 | | and Environmental Protection Agency (EPA) non-attainment | 13 | | areas in the United States; | 14 | | (3) a summary of actual air quality data in Illinois | 15 | | compared to actual air quality data from other states and | 16 | | EPA non-attainment areas in the United States; and | 17 | | (4) substantive input from trucking or transportation | 18 | | companies and the public, including environmental justice | 19 | | communities, in the affected areas on the impact of | 20 | | stricter opacity limits. | 21 | | (b) In the report, the Department must include the | 22 | | following items in an effort for the State to better | 23 | | understand the technology, repair, and enforcement elements of | 24 | | diesel emissions standards in Illinois: | 25 | | (1) an analysis of the feasibility of including an |
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| 1 | | onboard diagnostics (OBD) testing regime for vehicles | 2 | | model year 2010 and newer that are compatible with such | 3 | | testing; and | 4 | | (2) recommendations for improving the effectiveness of | 5 | | the diesel emissions testing program. | 6 | | (625 ILCS 5/13-103.3 new) | 7 | | Sec. 13-103.3. Official portable emissions testing | 8 | | company; fee; permit; bond. Upon the payment of a fee of $10 | 9 | | and the filing of an application by the proprietor of any | 10 | | vehicle service company upon forms furnished by the | 11 | | Department, accompanied by proof of experience, training, and | 12 | | ability of the operator of the testing equipment, together | 13 | | with proof of approved testing equipment as defined in Section | 14 | | 13-102 and the giving of a bond conditioned upon faithful | 15 | | observance of this Section and of rules adopted by the | 16 | | Department in the amount of $1,000 with security approved by | 17 | | the Department, the Department shall issue a permit to the | 18 | | proprietor of the vehicle service company to operate an | 19 | | official portable emissions testing company. An official | 20 | | portable emissions testing company shall only conduct portable | 21 | | emissions inspections for diesel fleets with 5 or more diesel | 22 | | vehicles required to be inspected under subsection (a) of | 23 | | Section 13-109.1, and only at the fleet owner's place of | 24 | | business. A permit issued under this Section shall expire 12 | 25 | | months following its issuance, but may be renewed annually by |
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| 1 | | complying with this Section and upon the payment of a renewal | 2 | | fee of $10. No person or vehicle service company shall operate | 3 | | as an official portable emissions testing company without | 4 | | having been issued a permit as provided in this Section. | 5 | | A permittee under this Section may test second division | 6 | | vehicles owned, operated, or controlled by the permittee to | 7 | | conduct emission inspections of such vehicles in accordance | 8 | | with Section 13-109.1. A permittee under this Section may | 9 | | conduct interstate inspections on interstate carriers in | 10 | | accordance with 49 CFR Part 396. | 11 | | Each permit issued by the Department shall state on its | 12 | | face the location of the recordkeeping office of the | 13 | | proprietor of the official portable emissions testing company. | 14 | | However, the Department, upon application, may authorize a | 15 | | change in the location of the recordkeeping office. Upon the | 16 | | approval of such an application, the Department shall issue an | 17 | | endorsement to be fixed by the applicant to the permit. Such an | 18 | | endorsement constitutes authority for the applicant to make | 19 | | the change in location. | 20 | | (625 ILCS 5/13-105.1 new) | 21 | | Sec. 13-105.1. Inspection of official portable emissions | 22 | | testing company. Employees specifically authorized by the | 23 | | Department shall inspect, at frequent intervals, vehicles, | 24 | | equipment, and the recordkeeping office used by an official | 25 | | portable emissions testing company. Department employees under |
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| 1 | | this Section shall have access to all records, relating to | 2 | | tests and work done or parts sold as a result of such tests, to | 3 | | ascertain whether tests are properly, fairly, and honestly | 4 | | made. Department employees under this Section may examine the | 5 | | owner of an official portable emissions company or any officer | 6 | | or employee thereof under oath. The Department shall conduct | 7 | | periodic nonscheduled inspections of the premises of vehicles | 8 | | owned and operated by a licensed official portable emissions | 9 | | testing company.
| 10 | | (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
| 11 | | Sec. 13-106. Rates and charges by official testing | 12 | | stations and official portable emissions testing companies; | 13 | | schedule stations-Schedule
to be filed. Every operator of an | 14 | | official testing station or official portable emissions | 15 | | testing company shall file with
the Department, in the manner | 16 | | prescribed by the Department, a schedule of
all rates and | 17 | | charges made by him for performing the tests
provided for in
| 18 | | Section 13-101 and Section 13-109.1. Such rate or charge shall | 19 | | include an
amount to reimburse
the operator of the official | 20 | | testing station or official portable emissions testing company | 21 | | for the purchase from the
Department
of the certificate of | 22 | | safety required by this chapter, not to exceed that
fee paid to | 23 | | the Department by the operator authorized by this chapter.
| 24 | | Such rates and charges shall be just and reasonable and the | 25 | | Department upon
its own initiative or upon complaint of any |
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| 1 | | person or corporation may require
the testing station operator | 2 | | to appear for a hearing and prove that the
rates so filed are | 3 | | just and reasonable. A "just and reasonable" rate or
charge, | 4 | | for the purposes of this Section, means a rate or charge which | 5 | | is
the same, or nearly the same, as the prevailing rate or | 6 | | charge for the same
or similar tests made in the community | 7 | | where the station is located. No
operator may change this | 8 | | schedule of rates and charges until the proposed
changes are | 9 | | filed with and approved by the Department. No license may be
| 10 | | issued to any official testing station or official portable | 11 | | emissions testing company unless the applicant has filed with
| 12 | | the Department a proposed schedule of rates and charges and | 13 | | unless such
rates and charges have been approved by the | 14 | | Department. No operator of
an official testing station or | 15 | | official portable emissions testing company shall charge more | 16 | | or less than the rates so
filed with and approved by the | 17 | | Department.
| 18 | | (Source: P.A. 91-254, eff. 7-1-00.)
| 19 | | (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
| 20 | | Sec. 13-107. Investigation of complaints against official | 21 | | testing stations and official portable emissions testing | 22 | | companies . The Department shall, upon its own motion, or upon | 23 | | charges made in
writing verified under oath, investigate | 24 | | complaints that an official
testing station or official | 25 | | portable emissions testing company is willfully falsifying |
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| 1 | | records or tests,
either for the
purpose of selling parts or | 2 | | services not actually required, or for the
purpose of issuing | 3 | | a certificate of safety for a vehicle designed to carry 15
or | 4 | | fewer passengers operated by a contract carrier transporting
| 5 | | employees in the course of their employment on a highway of | 6 | | this State,
second division
vehicle,
or medical transport | 7 | | vehicle
that is not in safe mechanical condition as determined | 8 | | by the standards of
this Chapter in violation of the | 9 | | provisions of this Chapter or of the rules
and regulations | 10 | | issued by the Department.
| 11 | | The Secretary of Transportation, for the purpose of more | 12 | | effectively
carrying out the provisions of Chapter 13, may | 13 | | appoint such a number of
inspectors as he may deem necessary. | 14 | | Such inspectors shall inspect and
investigate applicants for | 15 | | official testing station or official portable emissions | 16 | | testing company permits and investigate
and report violations. | 17 | | With respect to enforcement of the
provisions of this Chapter | 18 | | 13, such inspectors shall have and may exercise
throughout the | 19 | | State all the powers of police officers.
| 20 | | The Secretary must authorize to each inspector and to any | 21 | | other employee of
the Department exercising the powers of a | 22 | | peace officer a distinct badge that,
on its face, (i) clearly | 23 | | states that the badge is authorized by the Department
and (ii) | 24 | | contains a unique identifying number. No other badge shall be
| 25 | | authorized by the Department.
Nothing in this Section | 26 | | prohibits the Secretary from issuing shields or other
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| 1 | | distinctive identification to employees not exercising the | 2 | | powers of a peace
officer if the Secretary determines that a | 3 | | shield or distinctive identification
is needed by the employee | 4 | | to carry out his or her responsibilities.
| 5 | | (Source: P.A. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
| 6 | | (625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
| 7 | | Sec. 13-108. Hearing on complaint against official testing | 8 | | station or official portable emissions testing company; | 9 | | suspension station-Suspension or
revocation of permit. If it | 10 | | appears to the Department, either through its own | 11 | | investigation or
upon charges verified under oath, that any of | 12 | | the provisions of this
Chapter or the rules and regulations of | 13 | | the Department, are being violated,
the Department, shall | 14 | | after notice to the person, firm or corporation
charged with | 15 | | such violation, conduct a hearing. At least 10 days prior to
| 16 | | the date of such hearing the Department shall cause to be | 17 | | served upon the
person, firm or corporation charged with such | 18 | | violation, a copy of such
charge or charges by registered mail | 19 | | or by the personal service thereof,
together with a notice | 20 | | specifying the time and place of such hearing. At
the time and | 21 | | place specified in such notice the person, firm or corporation
| 22 | | charged with such violation shall be given an opportunity to | 23 | | appear in
person or by counsel and to be heard by the Secretary | 24 | | of Transportation or
an officer or employee of the Department | 25 | | designated in writing by him to
conduct such hearing. If it |
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| 1 | | appears from the hearing that such person, firm
or corporation | 2 | | is guilty of the charge preferred against him or it, the
| 3 | | Secretary of Transportation may order the permit suspended or | 4 | | revoked, and
the bond forfeited. Any such revocation or | 5 | | suspension shall not be a bar to
subsequent arrest and | 6 | | prosecution for violation of this Chapter.
| 7 | | (Source: P.A. 78-255.)
| 8 | | (625 ILCS 5/13-109.1)
| 9 | | Sec. 13-109.1. Annual emission inspection tests;
| 10 | | standards; penalties;
funds. | 11 | | (a) For each diesel powered vehicle that (i) is registered | 12 | | for a gross
weight of
more than 16,000 pounds, (ii) is | 13 | | registered within an affected area, and
(iii) is a 2 year
or | 14 | | older model year, an annual emission
inspection test
shall be | 15 | | conducted at an official testing station or by an official | 16 | | portable emissions testing company certified by the Illinois
| 17 | | Department
of Transportation to perform
diesel emission | 18 | | inspections pursuant to the standards set forth in
subsection
| 19 | | (b) of this
Section. This annual emission inspection test may | 20 | | be conducted in conjunction
with a
semi-annual safety test.
| 21 | | (a-5) (Blank).
| 22 | | (b) Diesel emission inspections conducted under this | 23 | | Chapter 13 shall be
conducted in accordance with the Society | 24 | | of Automotive Engineers Recommended
Practice J1667
| 25 | | "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel |
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| 1 | | Powered
Vehicles" and the cutpoint standards set forth in the | 2 | | United States
Environmental Protection Agency guidance
| 3 | | document "Guidance to States on Smoke Opacity Cutpoints to be | 4 | | used with the
SAE J1667 In-Use Smoke Test Procedure". Those | 5 | | procedures and standards, as
now in effect, are made a part of | 6 | | this Code, in the same manner as though they
were set out in | 7 | | full in this Code.
| 8 | | Notwithstanding the above cutpoint standards, for motor | 9 | | vehicles that are
model years 1973 and
older, until
December | 10 | | 31,
2002, the level of peak smoke opacity shall not exceed 70 | 11 | | percent. Beginning
January
1, 2003, for motor vehicles that | 12 | | are model years 1973 and older, the level of
peak smoke
opacity | 13 | | shall not exceed 55 percent.
| 14 | | (c) If the annual emission inspection under subsection (a) | 15 | | reveals
that the vehicle is not in compliance with
the
diesel | 16 | | emission standards set forth in subsection (b) of this | 17 | | Section, the
operator of the
official
testing station or | 18 | | official portable emissions testing company shall issue a | 19 | | warning notice requiring correction of the
violation. The | 20 | | correction shall be made and the vehicle submitted to an
| 21 | | emissions retest at an official testing station or official | 22 | | portable emissions testing company certified by the Department | 23 | | to
perform diesel emission inspections within 30 days from the | 24 | | issuance of the
warning notice requiring correction of the | 25 | | violation.
| 26 | | If, within 30 days from the issuance of the warning |
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| 1 | | notice, the vehicle is
not in compliance with the diesel
| 2 | | emission standards set forth in subsection (b) as determined | 3 | | by an emissions
retest at an official testing station or | 4 | | through an official portable emissions testing company, the | 5 | | certified emissions testing operator , the operator of the | 6 | | official
testing station or the Department shall place the | 7 | | vehicle out-of-service in
accordance with the rules | 8 | | promulgated by the Department. Operating a vehicle
that has | 9 | | been placed out-of-service under this subsection (c) is a | 10 | | petty
offense punishable by a $1,000 fine.
The vehicle must | 11 | | pass a diesel emission inspection at an official testing
| 12 | | station before it is again placed in service.
The Secretary of | 13 | | State, Department of State Police, and other law enforcement
| 14 | | officers shall enforce this Section.
No emergency vehicle, as | 15 | | defined in Section 1-105, may be placed out-of-service
| 16 | | pursuant to this Section.
| 17 | | The Department , or an official testing station , or an | 18 | | official portable emissions testing company may issue a | 19 | | certificate of
waiver subsequent to a reinspection of a | 20 | | vehicle that failed the emissions
inspection. Certificate of | 21 | | waiver shall be issued upon determination that
documented | 22 | | proof demonstrates that emissions repair costs for the | 23 | | noncompliant
vehicle of at least $3,000 have been spent in an | 24 | | effort to achieve
compliance with the emission standards set | 25 | | forth in subsection (b). The
Department of Transportation | 26 | | shall adopt rules for the implementation of this
subsection |
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| 1 | | including standards of documented proof as well as the | 2 | | criteria by
which a waiver shall be granted.
| 3 | | (c-5) (Blank).
| 4 | | (d) (Blank).
| 5 | | (Source: P.A. 100-700, eff. 8-3-18.)".
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