[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ Senate Amendment 001 ] |
90_HB1887ccr002
LRB9003896DPcwccr6
1 90TH GENERAL ASSEMBLY
2 SECOND CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 1887
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the second conference committee appointed to consider
9 the differences between the houses in relation to Senate
10 Amendment No. 1 to House Bill 1887, recommend the following:
11 (1) that the House concur in Senate Amendment No. 1; and
12 (2) that House Bill 1887, AS AMENDED, be further
13 amended, with reference to the page and line numbers of
14 Senate Amendment No. 1, on page 1, in lines 4 through 6, by
15 replacing "to amend the Environmental Protection Act by
16 changing Sections 3.32, 3.78, and 21 and adding Sections
17 3.78a and 22.38" with "concerning the environment, amending
18 named Acts"; and
19 on page 1, in line 10, by changing "and 21" to "21, and
20 22.15"; and
21 on page 15, below line 17, by inserting the following:
22 "(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
23 Sec. 22.15. Solid Waste Management Fund; fees.
24 (a) There is hereby created within the State Treasury a
25 special fund to be known as the "Solid Waste Management Fund"
26 constituted from the fees collected by the State pursuant to
27 this Section and from repayments of loans made from the Fund
28 for solid waste projects. Moneys received by the Department
29 of Commerce and Community Affairs in repayment of loans made
30 pursuant to the Illinois Solid Waste Management Act shall be
31 deposited into the Solid Waste Management Revolving Loan
32 Fund.
-2- LRB9003896DPcwccr6
1 (b) On and after January 1, 1987, the Agency shall
2 assess and collect a fee in the amount set forth herein from
3 the owner or operator of each sanitary landfill permitted or
4 required to be permitted by the Agency to dispose of solid
5 waste if the sanitary landfill is located off the site where
6 such waste was produced and if such sanitary landfill is
7 owned, controlled, and operated by a person other than the
8 generator of such waste. The Agency shall deposit all fees
9 collected into the Solid Waste Management Fund. If a site is
10 contiguous to one or more landfills owned or operated by the
11 same person, the volumes permanently disposed of by each
12 landfill shall be combined for purposes of determining the
13 fee under this subsection.
14 (1) If more than 150,000 cubic yards of
15 non-hazardous solid waste is permanently disposed of at a
16 site in a calendar year, the owner or operator shall
17 either pay a fee of 45 cents per cubic yard (60¢ per
18 cubic yard from January 1, 1989 through December 31,
19 1993), or alternatively the owner or operator may weigh
20 the quantity of the solid waste permanently disposed of
21 with a device for which certification has been obtained
22 under the Weights and Measures Act and pay a fee of 95
23 cents per ton ($1.27 per ton from January 1, 1989 through
24 December 31, 1993) of solid waste permanently disposed
25 of. An owner or operator that is subject to any fee, tax,
26 or surcharge imposed under the authority of subsection
27 (j) of this Section on September 26, 1991, with respect
28 to fees due to the Agency under this paragraph after
29 December 31, 1991 and before January 1, 1994, shall
30 deduct from the amount paid to the Agency the amount by
31 which the fee paid under subsection (j) exceeds 45 cents
32 per cubic yard or 95 cents per ton. In no case shall the
33 fee collected or paid by the owner or operator under this
34 paragraph exceed $1.05 per cubic yard or $2.22 per ton.
35 (2) If more than 100,000 cubic yards, but not more
-3- LRB9003896DPcwccr6
1 than 150,000 cubic yards of non-hazardous waste is
2 permanently disposed of at a site in a calendar year, the
3 owner or operator shall pay a fee of $25,000 ($33,350 in
4 1989, 1990 and 1991).
5 (3) If more than 50,000 cubic yards, but not more
6 than 100,000 cubic yards of non-hazardous solid waste is
7 permanently disposed of at a site in a calendar year, the
8 owner or operator shall pay a fee of $11,300 ($15,500 in
9 1989, 1990 and 1991).
10 (4) If more than 10,000 cubic yards, but not more
11 than 50,000 cubic yards of non-hazardous solid waste is
12 permanently disposed of at a site in a calendar year, the
13 owner or operator shall pay a fee of $3,450 ($4,650 in
14 1989, 1990 and 1991).
15 (5) If not more than 10,000 cubic yards of
16 non-hazardous solid waste is permanently disposed of at a
17 site in a calendar year, the owner or operator shall pay
18 a fee of $500 ($650 in 1989, 1990 and 1991).
19 (c) From January 1, 1987 through December 31, 1988, the
20 fee set forth in this Section shall not apply to:
21 (1) Solid waste which is hazardous waste;
22 (2) Any landfill which is permitted by the Agency
23 to receive only demolition or construction debris or
24 landscape waste; or
25 (3) The following wastes:
26 (A) Foundry sand;
27 (B) Coal combustion by-product, including
28 scrubber waste and fluidized bed boiler waste which
29 does not contain metal cleaning waste;
30 (C) Slag from the manufacture of iron and
31 steel;
32 (D) Pollution Control Waste;
33 (E) Wastes from recycling, reclamation or
34 reuse processes designed to remove any contaminant
35 from wastes so as to render such wastes reusable,
-4- LRB9003896DPcwccr6
1 provided that the process renders at least 50% of
2 the waste reusable;
3 (F) Non-hazardous solid waste that is received
4 at a sanitary landfill after January 1, 1987 and
5 recycled through a process permitted by the Agency.
6 (d) The Agency shall establish rules relating to the
7 collection of the fees authorized by this Section. Such
8 rules shall include, but not be limited to:
9 (1) necessary records identifying the quantities of
10 solid waste received or disposed;
11 (2) the form and submission of reports to accompany
12 the payment of fees to the Agency;
13 (3) the time and manner of payment of fees to the
14 Agency, which payments shall not be more often than
15 quarterly; and
16 (4) procedures setting forth criteria establishing
17 when an owner or operator may measure by weight or volume
18 during any given quarter or other fee payment period.
19 (e) Pursuant to appropriation, all monies in the Solid
20 Waste Management Fund shall be used by the Agency and the
21 Department of Commerce and Community Affairs for the purposes
22 set forth in this Section and in the Illinois Solid Waste
23 Management Act, including for the costs of fee collection and
24 administration, and through June 30, 1989, by the University
25 of Illinois for research consistent with the Illinois Solid
26 Waste Management Act.
27 (f) The Agency is authorized to enter into such
28 agreements and to promulgate such rules as are necessary to
29 carry out its duties under this Section and the Illinois
30 Solid Waste Management Act.
31 (g) On the first day of January, April, July, and
32 October of each year, beginning on July 1, 1996, the State
33 Comptroller and Treasurer shall transfer $500,000 from the
34 Solid Waste Management Fund to the Hazardous Waste Fund.
35 Moneys transferred under this subsection (g) shall be used
-5- LRB9003896DPcwccr6
1 only for the purposes set forth in item (1) of subsection (d)
2 of Section 22.2. of Commerce and Community Affairs of
3 Commerce and Community Affairs
4 (h) The Agency is authorized to provide financial
5 assistance to units of local government for the performance
6 of inspecting, investigating and enforcement activities
7 pursuant to Section 4(r) at nonhazardous solid waste disposal
8 sites.
9 (i) The Agency is authorized to support the operations
10 of an industrial materials exchange service, and to conduct
11 household waste collection and disposal programs.
12 (j) A unit of local government, as defined in the Local
13 Solid Waste Disposal Act, in which a solid waste disposal
14 facility is located may establish a fee, tax, or surcharge
15 with regard to the permanent disposal of solid waste. All
16 fees, taxes, and surcharges collected under this subsection
17 shall, to be utilized for solid waste management purposes,
18 including long-term monitoring and maintenance of landfills,
19 planning, implementation, inspection, enforcement and other
20 activities consistent with the Solid Waste Management Act and
21 the Local Solid Waste Disposal Act, or for any other
22 environment-related purpose, including but not limited to an
23 environment-related public works project, but not for the
24 construction of a new pollution control facility other than a
25 household hazardous waste facility. However, the total fee,
26 tax or surcharge imposed by all units of local government
27 under this subsection (j) upon the solid waste disposal
28 facility shall not exceed:
29 (1) 45¢ per cubic yard (60¢ per cubic yard
30 beginning January 1, 1992) if more than 150,000 cubic
31 yards of non-hazardous solid waste is permanently
32 disposed of at the site in a calendar year, unless the
33 owner or operator weighs the quantity of the solid waste
34 received with a device for which certification has been
35 obtained under the Weights and Measures Act, in which
-6- LRB9003896DPcwccr6
1 case the fee shall not exceed 95¢ per ton ($1.27 per ton
2 beginning January 1, 1992) of solid waste permanently
3 disposed of.
4 (2) $25,000 ($33,350 beginning in 1992) if more
5 than 100,000 cubic yards, but not more than 150,000 cubic
6 yards, of non-hazardous waste is permanently disposed of
7 at the site in a calendar year.
8 (3) $11,300 ($15,500 beginning in 1992) if more
9 than 50,000 cubic yards, but not more than 100,000 cubic
10 yards, of non-hazardous solid waste is permanently
11 disposed of at the site in a calendar year.
12 (4) $3,450 ($4,650 beginning in 1992) if more than
13 10,000 cubic yards, but not more than 50,000 cubic yards,
14 of non-hazardous solid waste is permanently disposed of
15 at the site in a calendar year.
16 (5) $500 ($650 beginning in 1992) if not more than
17 10,000 cubic yards of non-hazardous solid waste is
18 permanently disposed of at the site in a calendar year.
19 The corporate authorities of the unit of local government
20 may use proceeds from the fee, tax, or surcharge to reimburse
21 a highway commissioner whose road district lies wholly or
22 partially within the corporate limits of the unit of local
23 government for expenses incurred in the removal of
24 nonhazardous, nonfluid municipal waste that has been dumped
25 on public property in violation of a State law or local
26 ordinance.
27 A county or Municipal Joint Action Agency that imposes a
28 fee, tax, or surcharge under this subsection may use the
29 proceeds thereof to reimburse a municipality that lies wholly
30 or partially within its boundaries for expenses incurred in
31 the removal of nonhazardous, nonfluid municipal waste that
32 has been dumped on public property in violation of a State
33 law or local ordinance.
34 If the fees are to be used to conduct a local sanitary
35 landfill inspection or enforcement program, the unit of local
-7- LRB9003896DPcwccr6
1 government must enter into a written delegation agreement
2 with the Agency pursuant to subsection (r) of Section 4. The
3 unit of local government and the Agency shall enter into such
4 a written delegation agreement within 60 days after the
5 establishment of such fees or August 23, 1988, whichever is
6 later. For the year commencing January 1, 1989, and at least
7 annually thereafter, the Agency shall conduct an audit of the
8 expenditures made by units of local government from the funds
9 granted by the Agency to the units of local government for
10 purposes of local sanitary landfill inspection and
11 enforcement programs, to ensure that the funds have been
12 expended for the prescribed purposes under the grant.
13 The fees, taxes or surcharges collected under this
14 subsection (j) shall be placed by the unit of local
15 government in a separate fund, and the interest received on
16 the moneys in the fund shall be credited to the fund. The
17 monies in the fund may be accumulated over a period of years
18 to be expended in accordance with this subsection.
19 A unit of local government, as defined in the Local Solid
20 Waste Disposal Act, shall prepare and distribute to the
21 Agency, in April of each year, a report that details spending
22 plans for monies collected in accordance with this
23 subsection. The report will at a minimum include the
24 following:
25 (1) The total monies collected pursuant to this
26 subsection.
27 (2) The most current balance of monies collected
28 pursuant to this subsection.
29 (3) An itemized accounting of all monies expended
30 for the previous year pursuant to this subsection.
31 (4) An estimation of monies to be collected for the
32 following 3 years pursuant to this subsection.
33 (5) A narrative detailing the general direction and
34 scope of future expenditures for one, 2 and 3 years.
35 The exemptions granted under Sections 22.16 and 22.16a,
-8- LRB9003896DPcwccr6
1 and under subsections (c) and (k) of this Section, shall be
2 applicable to any fee, tax or surcharge imposed under this
3 subsection (j); except that the fee, tax or surcharge
4 authorized to be imposed under this subsection (j) may be
5 made applicable by a unit of local government to the
6 permanent disposal of solid waste after December 31, 1986,
7 under any contract lawfully executed before June 1, 1986
8 under which more than 150,000 cubic yards (or 50,000 tons) of
9 solid waste is to be permanently disposed of, even though the
10 waste is exempt from the fee imposed by the State under
11 subsection (b) of this Section pursuant to an exemption
12 granted under Section 22.16.
13 (k) In accordance with the findings and purposes of the
14 Illinois Solid Waste Management Act, beginning January 1,
15 1989 the fee under subsection (b) and the fee, tax or
16 surcharge under subsection (j) shall not apply to:
17 (1) Waste which is hazardous waste; or
18 (2) Waste which is pollution control waste; or
19 (3) Waste from recycling, reclamation or reuse
20 processes which have been approved by the Agency as being
21 designed to remove any contaminant from wastes so as to
22 render such wastes reusable, provided that the process
23 renders at least 50% of the waste reusable; or
24 (4) Non-hazardous solid waste that is received at a
25 sanitary landfill and composted or recycled through a
26 process permitted by the Agency; or
27 (5) Any landfill which is permitted by the Agency
28 to receive only demolition or construction debris or
29 landscape waste.
30 (Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
31 7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)"; and
32 on page 16, in line 9, by changing "7 days" to "72 hours";
33 and
34 on page 16, in line 21, by changing "30" to "45"; and
-9- LRB9003896DPcwccr6
1 on page 16, by replacing lines 33 and 34 with the following:
2 "(9) control access to the facility;"; and
3 on page 17, by deleting lines 1 through 5; and
4 on page 18, below line 19, by inserting the following:
5 "Section 10. The Illinois Vehicle Code is amended by
6 changing Sections 13B-15, 13B-25, and 13B-30 as follows:
7 (625 ILCS 5/13B-15)
8 Sec. 13B-15. Inspections.
9 (a) Beginning with the implementation of the program
10 required by this Chapter January 1, 1995, every motor vehicle
11 that is owned by a resident of an affected county, other than
12 a vehicle that is exempt under subsection (f) or (g), is
13 subject to inspection under the program.
14 The Agency shall send notice of the assigned inspection
15 month, at least 15 days before the beginning of the assigned
16 month, to the owner of each vehicle subject to the program.
17 For a vehicle that was subject to inspection before the
18 effective date of this amendatory Act of 1994 and for which
19 an initial inspection sticker or initial inspection
20 certificate has already been issued, the month to be assigned
21 by the Agency for that vehicle shall not be earlier than the
22 current assigned month, unless so requested by the owner. If
23 the assigned month is later than the current assigned month,
24 the Agency shall issue either a corrected inspection sticker
25 or corrected certificate for that vehicle.
26 Initial emission inspection stickers or initial
27 inspection certificates, as the case may be, expire on the
28 last day of the third month following the month assigned by
29 the Agency for the first inspection of the vehicle. Renewal
30 inspection stickers or certificates expire on the last day of
31 the third month following the month assigned for inspection
32 in the year in which the vehicle's next inspection is
-10- LRB9003896DPcwccr6
1 required.
2 The Agency or its agent may issue an interim emission
3 inspection sticker or certificate for any vehicle subject to
4 inspection that does not have a currently valid emission
5 inspection sticker or certificate at the time the Agency is
6 notified by the Secretary of State of its registration by a
7 new owner, and for which an initial emission inspection
8 sticker or certificate has already been issued. Interim
9 emission inspection stickers or certificates expire no later
10 than the last day of the sixth complete calendar month after
11 the date the Agency issued the interim emission inspection
12 sticker or certificate.
13 The owner of each vehicle subject to inspection shall
14 obtain an emission inspection sticker or certificate for the
15 vehicle in accordance with this subsection. Before the
16 expiration of the emission inspection sticker or certificate,
17 the owner shall have the vehicle inspected and, upon
18 demonstration of compliance, obtain a renewal emission
19 inspection sticker or certificate. A renewal emission
20 inspection sticker or certificate shall not be issued more
21 than 5 months before the expiration date of the previous
22 inspection sticker or certificate.
23 (b) Except as provided in subsection (c), vehicles shall
24 be inspected every 2 years on a schedule that begins either
25 in the second, fourth, or later calendar year after the
26 vehicle model year. The beginning test schedule shall be set
27 by the Agency and shall be consistent with the State's
28 requirements for emission reductions as determined by the
29 applicable United States Environmental Protection Agency
30 vehicle emissions estimation model and applicable guidance
31 and rules.
32 (c) A vehicle may be inspected out of its 2-year
33 inspection schedule when a new owner acquires the vehicle and
34 it should have been, but was not, in compliance with this Act
35 when the vehicle was acquired by the new owner.
-11- LRB9003896DPcwccr6
1 (d) The owner of a vehicle subject to inspection shall
2 have the vehicle inspected and obtain and display on the
3 vehicle or carry within the vehicle, in a manner specified by
4 the Agency, a valid unexpired emission inspection sticker or
5 certificate in the manner specified by the Agency.
6 Any person who violates this subsection (d) is guilty of
7 a petty offense, except that a third or subsequent violation
8 within one year of the first violation is a Class C
9 misdemeanor. The fine imposed for a violation of this
10 subsection shall be not less than $50 if the violation
11 occurred within 60 days following the date by which a new or
12 renewal emission inspection sticker or certificate was
13 required to be obtained for the vehicle, and not less than
14 $300 if the violation occurred more than 60 days after that
15 date.
16 (e) (1) For a $20 fee, to be paid into the Vehicle
17 Inspection Fund, the Agency shall inspect:
18 (A) Vehicles operated on federal installations
19 within an affected county, pursuant to Title 40, Section
20 51.356 of the Code of Federal Regulations.
21 (B) Federally owned vehicles operated in affected
22 counties.
23 (2) For a fee of $20, to be paid into the Vehicle
24 Inspection Fund, the Agency may inspect:
25 (A) Vehicles registered in and subject to emission
26 inspections requirements of another state.
27 (B) Vehicles presented for inspection on a
28 voluntary basis.
29 Any fees collected under this subsection shall not offset
30 normally appropriated Motor Fuel Tax Funds.
31 (f) The following vehicles are not subject to
32 inspection:
33 (1) Vehicles not subject to registration under
34 Article IV of Chapter 3 of this Code, other than vehicles
35 owned by the federal government.
-12- LRB9003896DPcwccr6
1 (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
5 federal government.
6 (5) Antique vehicles and vehicles of model year
7 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 a Junking Certificate has
12 been issued by the Secretary of State under Section 3-117
13 of this Code.
14 (8) Diesel powered vehicles, and vehicles that are
15 powered exclusively by electricity.
16 (9) Vehicles operated exclusively in organized
17 amateur or professional sporting activities, as defined
18 in 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 The Agency may issue temporary or permanent exemption
23 stickers or certificates for vehicles temporarily or
24 permanently exempt from inspection under this subsection (f).
25 An exemption sticker or certificate does not need to be
26 displayed.
27 (g) According to criteria the Agency may adopt, a motor
28 vehicle may be exempted from the inspection requirements of
29 this Section by the Agency on the basis of an Agency
30 determination that the vehicle is located and primarily used
31 outside of the affected counties or in other jurisdictions
32 where vehicle emission inspections are not required. The
33 Agency may issue an annual exemption sticker or certificate
34 without inspection for any vehicle exempted from inspection
35 under this subsection.
-13- LRB9003896DPcwccr6
1 (h) Any owner or lessee of a fleet of 15 or more motor
2 vehicles which are subject to inspection under this Section
3 may apply to the Agency for a permit to establish and operate
4 a Private Official Inspection Station.
5 (i) Pursuant to Title 40, Section 51.371 of the Code of
6 Federal Regulations, the Agency shall establish a program of
7 on-road testing of in-use vehicles through the use of remote
8 sensing devices. The Agency shall evaluate the emission
9 performance of 0.5% of the subject fleet or 20,000 vehicles,
10 whichever is less. Under no circumstances shall on-road
11 testing include any sort of roadblock or roadside pullover or
12 cause any type of traffic delay.
13 If, during the course of on-road inspections, a vehicle
14 is found to exceed the on-road emissions standards
15 established for the model year and type of vehicle, the
16 Agency shall send a notice to the vehicle owner. The notice
17 shall document the occurrence and results of on-road
18 exceedances. The notice of a second on-road exceedance shall
19 indicate that the vehicle has been reassigned and is subject
20 to an out-of-cycle follow-up inspection at an official
21 inspection station. In no case shall the Agency send a notice
22 of an on-road exceedance to the owner of a vehicle that was
23 found to exceed the on-road emission standards established
24 for the model year and type of vehicle if the vehicle is
25 registered outside of the affected counties.
26 (Source: P.A. 88-533.)
27 (625 ILCS 5/13B-25)
28 Sec. 13B-25. Performance of inspections.
29 (a) The inspection of vehicles required under this
30 Chapter shall be performed only: (i) by inspectors who have
31 been certified by the Agency after successfully completing a
32 course of training and successfully passing a written test;
33 (ii) at official inspection stations or official on-road
34 inspection sites established under this Chapter; and (iii)
-14- LRB9003896DPcwccr6
1 with equipment that has been approved by the Agency for these
2 inspections.
3 (b) Except as provided in subsections (c) and (d), the
4 inspection shall consist of (i) a loaded mode exhaust gas
5 analysis; (ii) an evaporative system integrity test; (iii) an
6 evaporative system purge test; (iv) an on-board computer
7 diagnostic system check; and (iv) (v) a verification that all
8 required emission-related recall repairs have been made under
9 Title 40, Section 51.370 of the Code of Federal Regulations,
10 and may also include an evaporative system purge test. The
11 owner of the vehicle or the owner's agent shall be entitled
12 to an emission inspection certificate issued by an inspector
13 only if all required tests are passed at the time of the
14 inspection.
15 (c) A steady-state idle exhaust gas analysis may be
16 substituted for the loaded mode exhaust gas analysis and the
17 evaporative purge system test in the following cases:
18 (1) On any vehicle of model year 1980 or older.
19 (2) On any heavy duty vehicle with a manufacturer
20 gross vehicle weight rating in excess of 8,500 pounds.
21 (3) On any vehicle for which loaded mode testing is
22 not possible due to vehicle design or configuration.
23 (d) A steady-state idle gas analysis may also be
24 substituted for the new procedures specified in subsection
25 (b) in inspections conducted in calendar year 1995 on any
26 vehicle of model year 1990 or older.
27 (e) The exhaust gas analysis shall consist of a test of
28 an exhaust gas sample to determine whether the quantities of
29 exhaust gas pollutants emitted by the vehicle meet the
30 standards set for vehicles of that type under Section 13B-20.
31 A vehicle shall be deemed to have passed this portion of the
32 inspection if the evaluation of the exhaust gas sample
33 indicates that the quantities of exhaust gas pollutants
34 emitted by the vehicle do not exceed the standards set for
35 vehicles of that type under Section 13B-20 or an inspector
-15- LRB9003896DPcwccr6
1 certifies that the vehicle qualifies for a waiver of the
2 exhaust gas pollutant standards under Section 13B-30.
3 (f) The evaporative system integrity test shall consist
4 of a procedure to determine if leaks exist in all or a
5 portion of the vehicle fuel evaporation emission control
6 system. A vehicle shall be deemed to have passed this test
7 if it meets the criteria that the Board may adopt for an
8 evaporative system integrity test no leaks are observed in
9 the system, as determined by comparison of observed pressure
10 decay with standards set for vehicles of that type and model
11 year.
12 (g) The evaporative system purge test shall consist of a
13 procedure to verify the purging of vapors stored in the
14 evaporative canister. A vehicle shall be deemed to have
15 passed this test if it meets the criteria that the Board may
16 adopt for an evaporative system purge test the purge flow
17 exceeds standards set for vehicles of that type and model
18 year as measured during the loaded mode exhaust gas test.
19 (h) The on-board computer diagnostic test shall consist
20 of accessing the vehicle's on-board computer system, if so
21 equipped, and reading any stored diagnostic codes that may be
22 present. The vehicle shall be deemed to have passed this
23 test if the codes observed did not exceed standards set for
24 vehicles of that type under Section 13B-20.
25 (Source: P.A. 88-533.)
26 (625 ILCS 5/13B-30)
27 Sec. 13B-30. Waivers.
28 (a) The Agency shall certify that a vehicle that has
29 failed a vehicle emission retest qualifies for a waiver of
30 the emission inspection standards if the following criteria
31 are met:
32 (1) The vehicle has received all repairs and
33 adjustments for which it is eligible under any emission
34 performance warranty provided under Section 207 of the
-16- LRB9003896DPcwccr6
1 federal Clean Air Act.
2 (2) The Agency determines by normal inspection
3 procedures that the vehicle's emission control devices
4 are present and appear to be properly connected and
5 operating.
6 (3) Consistent with Title 40, Section 51.360 of the
7 Code of Federal Regulations, for vehicles required to be
8 tested under this Chapter, a minimum expenditure of at
9 least $450 in emission-related repairs exclusive of
10 tampering-related repairs have been made.
11 (4) Repairs for vehicles of model year 1981 and
12 later are conducted by a recognized repair technician.
13 (5) Evidence of repair is presented consisting of
14 either signed and dated receipts identifying the vehicle
15 and describing the work performed and amount charged for
16 eligible emission-related repairs, or an affidavit
17 executed by the person performing the eligible emission
18 related repairs.
19 (6) The repairs have resulted in an improvement in
20 vehicle emissions as determined by comparison of initial
21 and final retest results.
22 (b) The Agency may issue an emission inspection
23 certificate to vehicles failing a transient loaded mode
24 emission retest if a complete documented physical and
25 functional diagnosis and inspection shows that no additional
26 emission-related repairs are needed. This diagnostic
27 inspection must be performed by the Agency or its designated
28 agent and shall be available only to motorists whose vehicle
29 was repaired by a recognized repair technician.
30 (c) The Agency may extend the emission inspection
31 certificate expiration date by one year upon receipt of a
32 petition by the vehicle owner that needed repairs cannot be
33 made due to economic hardship. Consistent with Title 40,
34 Section 51.360 of the Code of Federal Regulations, this
35 extension may be granted more than shall be granted only once
-17- LRB9003896DPcwccr6
1 during the life of the vehicle.
2 (d) The Agency shall propose procedures, practices, and
3 performance requirements for operation of vehicle scrappage
4 programs by any person that wants to receive credits for
5 certain emissions reductions from these vehicles. The
6 proposal shall include the method of vehicle selection,
7 testing of vehicle emissions, documentation of annual vehicle
8 miles traveled, determination of emissions, and determination
9 of emissions reductions credits. Any applicable guidance
10 available from the United States Environmental Protection
11 Agency regarding these programs shall also be considered by
12 the Agency. Within 180 days after the Agency files this
13 proposal, the Board shall adopt rules for vehicle scrappage
14 programs. Subsection (b) of Section 27 of the Environmental
15 Protection Act and the rulemaking provisions of the Illinois
16 Administrative Procedure Act shall not apply to rules adopted
17 by the Board under this subsection (d).
18 (e) The Agency may adopt procedures to purchase vehicles
19 for scrap that are unable to meet emission inspection
20 standards and for which motorists provide a signed estimate
21 from a recognized repair technician that the cost of
22 emission-related repairs is expected to exceed an amount
23 equal to one-half of the current minimum expenditure required
24 in item (3) of subsection (a) of this Section. If the Agency
25 adopts such procedures, they must be included in the vehicle
26 scrappage programs in subsection (d). Such procedures shall
27 require the Agency to arrange for private sector funding for
28 the purchase of at least 90% of the vehicles which will be
29 purchased for scrap.
30 (f) The Agency may issue an emission inspection
31 certificate for vehicles subject to inspection under this
32 Chapter that are located and primarily used in an area
33 subject to the vehicle emission inspection requirements of
34 another state. Emission inspection certificates shall be
35 issued under this subsection only upon receipt by the Agency
-18- LRB9003896DPcwccr6
1 of evidence that the vehicle has been inspected and is in
2 compliance with the emission inspection requirements and
3 standards applicable in the state or local jurisdiction where
4 the vehicle is being used.
5 (Source: P.A. 88-533.)".
6 Submitted on , 1997.
7 ______________________________ _____________________________
8 Senator Karpiel Representative Novak
9 ______________________________ _____________________________
10 Senator Mahar Representative Deering
11 ______________________________ _____________________________
12 Senator Maitland Representative Hannig
13 ______________________________ _____________________________
14 Senator Shaw Representative Churchill
15 ______________________________ _____________________________
16 Senator Trotter Representative Persico
17 Committee for the Senate Committee for the House