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91_HB2031enr HB2031 Enrolled LRB9104097KSgcC 1 AN ACT concerning motor vehicles, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.490 as follows: 6 (30 ILCS 105/5.490 new) 7 Sec. 5.490. The Diesel Emissions Testing Fund. 8 Section 7. The State Mandates Act is amended by adding 9 Section 8.23 as follows: 10 (30 ILCS 805/8.23 new) 11 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 12 and 8 of this Act, no reimbursement by the State is required 13 for the implementation of any mandate created by this 14 amendatory Act of the 91st General Assembly. 15 Section 10. The Illinois Vehicle Code is amended by 16 changing Sections 13-103, 13-106, and 13-114 and adding 17 Sections 13-100.1, 13-102.1, 13-109.1, 13-109.2, 13-109.3, 18 13-116.1, and 13-117 as follows: 19 (625 ILCS 5/13-100.1 new) 20 Sec. 13-100.1. Definitions. As used in this Chapter, 21 "affected areas" means the counties of Cook, DuPage, Lake, 22 Kane, McHenry, Will, Madison, St. Clair, and Monroe and the 23 townships of Aux Sable and Goose Lake in Grundy County and 24 the township of Oswego in Kendall County. 25 (625 ILCS 5/13-102.1 new) 26 Sec. 13-102.1. Diesel powered vehicle emission HB2031 Enrolled -2- LRB9104097KSgcC 1 inspection report. Beginning July 1, 2000, the Department of 2 Transportation shall conduct an annual study concerned with 3 the results of emission inspections for diesel powered 4 vehicles registered for a gross weight of more than 16,000 5 pounds. The study shall be reported to the General Assembly 6 by June 30, 2001, and every June 30 thereafter. The study 7 shall also be sent to the Illinois Environmental Protection 8 Agency for its use in environmental matters. 9 The studies shall include, but not be limited to, the 10 following information: 11 (a) the number of diesel powered vehicles that were 12 inspected for emission compliance pursuant to this 13 Chapter 13 during the previous year; 14 (b) the number of diesel powered vehicles that 15 failed and passed the emission inspections required 16 pursuant to this Chapter 13 during the previous year; and 17 (c) the number of diesel powered vehicles that 18 failed the emission inspections pursuant to this Chapter 19 13 more than once in the previous year. 20 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103) 21 Sec. 13-103. Official testing stations - Fee - Permit - 22 Bond. Upon the payment of a fee of $10 and the filing of an 23 application by the proprietor of any vehicle service station 24 or public or private garage upon forms furnished by the 25 Department, accompanied by proof of experience, training and 26 ability of the operator of the testing equipment, together 27 with proof of installation of approved testing equipment as 28 defined in Section 13-102 and the giving of a bond 29 conditioned upon faithful observance of this Section and of 30 rules and regulations issued by the Department in the amount 31 of $1,000 with security approved by the Department, the 32 Department shall issue a permit to the proprietor of such 33 vehicle service station or garage to operate an Official HB2031 Enrolled -3- LRB9104097KSgcC 1 Testing Station. Such permit shall expire 12 months following 2 its issuance, but may be renewed annually by complying with 3 the requirements set forth in this Section and upon the 4 payment of a renewal fee of $10. Proprietors of official 5 testing stations for which permits have been issued prior to 6 the effective date of this Act may renew such permits for the 7 renewal fee of $10 on the expiration of each 12 months 8 following issuance of such permits, by complying with the 9 requirements set forth in this Section. However, any city, 10 village or incorporated town shall upon application to the 11 Department and without payment of any fee or filing of any 12 bond, but upon proof of experience, training and ability of 13 the operator of the testing equipment, and proof of the 14 installation of approved testing equipment as defined in 15 Section 13-102, be issued a permit to operate such testing 16 station as an Official Testing Station under this Act. The 17 permit so issued shall at all times be displayed in a 18 prominent place in the vehicle service station, garage or 19 municipal testing station which is licensed as an Official 20 Testing Station under this Act. No person or vehicle service 21 station, garage or municipal testing station shall in any 22 manner claim or represent himself or itself to be an official 23 testing station unless a permit has been issued to him or it 24 as provided in this Section. 25 Any person or municipality who or which has received a 26 permit under this Section may test his or its own second 27 division vehicles and issue certificates of safety and 28 conduct emission inspections of his or its own second 29 division vehicles in accordance with the requirements of 30 Section 13-109.1 with respect to any such second division 31 vehicles owned, operated or controlled by him or it. 32 Each such permit issued by the Department shall state on 33 its face the location of the official testing station to be 34 operated under the permit and safety tests shall be made only HB2031 Enrolled -4- LRB9104097KSgcC 1 at such location. However, the Department may, upon 2 application, authorize a change in the location of the 3 official testing station and the removal of the testing 4 equipment to the new location. Upon approval of such 5 application, the Department shall issue an endorsement which 6 the applicant shall affix to his permit. Such endorsement 7 constitutes authority for the applicant to make such change 8 in location and to remove his testing equipment at the times 9 and to the places stated in the endorsement. 10 (Source: P.A. 80-606.) 11 (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106) 12 Sec. 13-106. Rates and charges by official testing 13 stations-Schedule to be filed. Every operator of an official 14 testing station shall file with the Department, in the manner 15 prescribed by the Department, a schedule of all rates and 16 charges made by him for performing the teststestprovided 17 for in Section 13-101 and Section 13-109.1. Such rate or 18 charge shall include an amount to reimburse the operator of 19 the official testing station for the purchase from the 20 Department of the certificate of safety required by this 21 chapter, not to exceed that fee paid to the Department by the 22 operator authorized by this chapter. Such rates and charges 23 shall be just and reasonable and the Department upon its own 24 initiative or upon complaint of any person or corporation may 25 require the testing station operator to appear for a hearing 26 and prove that the rates so filed are just and reasonable. A 27 "just and reasonable" rate or charge, for the purposes of 28 this Section, means a rate or charge which is the same, or 29 nearly the same, as the prevailing rate or charge for the 30 same or similar tests made in the community where the station 31 is located. No operator may change this schedule of rates 32 and charges until the proposed changes are filed with and 33 approved by the Department. No license may be issued to any HB2031 Enrolled -5- LRB9104097KSgcC 1 official testing station unless the applicant has filed with 2 the Department a proposed schedule of rates and charges and 3 unless such rates and charges have been approved by the 4 Department. No operator of an official testing station shall 5 charge more or less than the rates so filed with and approved 6 by the Department. 7 (Source: P.A. 80-606.) 8 (625 ILCS 5/13-109.1 new) 9 Sec. 13-109.1. Annual emission inspection tests; 10 standards; penalties; funds. 11 (a) For each diesel powered vehicle that is registered 12 for a gross weight of more than 16,000 pounds, is registered 13 within an affected area, and is a 2 year or older model year, 14 an annual emission inspection test shall be conducted at an 15 official testing station certified by the Department to 16 perform diesel emission inspections pursuant to the standards 17 set forth in subsection (b) of this Section. This annual 18 emission inspection test may be conducted in conjunction with 19 a semi-annual safety test. 20 (b) Diesel emission inspections conducted under this 21 Chapter 13 shall be conducted in accordance with the Society 22 of Automotive Engineers Recommended Practice J1667 23 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel 24 Powered Vehicles" and the cutpoint standards set forth in the 25 United States Environmental Protection Agency guidance 26 document "Guidance to States on Smoke Opacity Cutpoints to be 27 used with the SAE J1667 In-Use Smoke Test Procedure". Those 28 procedures and standards, as now in effect, are made a part 29 of this Code, in the same manner as though they were set out 30 in full in this Code. 31 Notwithstanding the above cutpoint standards, for motor 32 vehicles that are model years 1973 and older, until December 33 31, 2002, the level of peak smoke opacity shall not exceed 70 HB2031 Enrolled -6- LRB9104097KSgcC 1 percent. Beginning January 1, 2003, for motor vehicles that 2 are model years 1973 and older, the level of peak smoke 3 opacity shall not exceed 55 percent. 4 (c) If the annual emission inspection reveals that the 5 vehicle is not in compliance with the diesel emission 6 standards set forth in subsection (b) of this Section, the 7 operator of the official testing station shall issue a 8 warning notice requiring correction of the violation. The 9 correction shall be made and the vehicle submitted to an 10 emissions retest at an official testing station certified by 11 the Department to perform diesel emission inspections within 12 30 days from the issuance of the warning notice requiring 13 correction of the violation. 14 If, within 30 days from the issuance of the warning 15 notice, the vehicle is not in compliance with the diesel 16 emission standards set forth in subsection (b) as determined 17 by an emissions retest at an official testing station, the 18 operator of the official testing station or the Department 19 shall place the vehicle out-of-service in accordance with the 20 rules promulgated by the Department. Operating a vehicle that 21 has been placed out-of-service under this subsection (c) is a 22 petty offense punishable by a $1,000 fine. The vehicle must 23 pass a diesel emission inspection at an official testing 24 station before it is again placed in service. The Secretary 25 of State, Department of State Police, and other law 26 enforcement officers shall enforce this Section. No emergency 27 vehicle, as defined in Section 1-105, may be placed 28 out-of-service pursuant to this Section. 29 The Department or an official testing station may issue a 30 certificate of waiver subsequent to a reinspection of a 31 vehicle that failed the emissions inspection. Certificate of 32 waiver shall be issued upon determination that documented 33 proof demonstrates that emissions repair costs for the 34 noncompliant vehicle of at least $3,000 have been spent in an HB2031 Enrolled -7- LRB9104097KSgcC 1 effort to achieve compliance with the emission standards set 2 forth in subsection (b). The Department of Transportation 3 shall adopt rules for the implementation of this subsection 4 including standards of documented proof as well as the 5 criteria by which a waiver shall be granted. 6 (d) There is hereby created within the State Treasury a 7 special fund to be known as the Diesel Emissions Testing 8 Fund, constituted from the fines collected pursuant to 9 subsection (c) of this Section. Subject to appropriation, 10 moneys from the Diesel Emissions Testing Fund shall be 11 available, as a supplement to moneys appropriated from the 12 General Revenue Fund, to the Department of Transportation for 13 its implementation of the diesel emission inspection 14 requirements under this Chapter 13. All moneys received from 15 fines imposed under this Section shall be paid into the 16 Diesel Emissions Testing Fund. All citations issued pursuant 17 to this Section shall be considered non-moving violations. 18 The Department of Transportation is authorized to promulgate 19 rules to implement its responsibilities under this Section. 20 (625 ILCS 5/13-109.2 new) 21 Sec. 13-109.2. Pollution Control Board diesel emission 22 standards and tests. Within 8 months of the effective date 23 of this amendatory Act of the 91st General Assembly, the 24 Pollution Control Board shall amend its heavy-duty diesel 25 smoke opacity standards and test procedures to be consistent 26 with the procedures and standards set forth in Section 27 13-109.1. 28 (625 ILCS 5/13-109.3 new) 29 Sec. 13-109.3. Exemption from diesel emissions 30 inspections. Second division vehicles being operated on 31 plates issued pursuant to subsection (c) of Section 3-815 are 32 exempt from the diesel emissions inspection requirements set HB2031 Enrolled -8- LRB9104097KSgcC 1 forth in this Chapter. 2 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114) 3 Sec. 13-114. Interstate carriers of property. Any 4 vehicle registered in Illinois and operated by an interstate 5 carrier of property shall be exempt from the provisions of 6 this Chapter provided such carrier has registered with the 7 Bureau of Motor Carrier Safety of the Federal Highway 8 Administration as an interstate motor carrier of property and 9 has been assigned a federal census number by such Bureau. An 10 interstate carrier of property, however, is not exempt from 11 the provisions of Section 13-111(b) of this Chapter. 12 Any vehicle registered in Illinois and operated by a 13 private interstate carrier of property shall be exempt from 14 the provisions of this Chapter, except the provisions of 15 Section 13-111(b), provided it: 16 1. is registered with the Bureau of Motor Carrier 17 Safety of the Federal Highway Administration, and 18 2. carries in the motor vehicle documentation 19 issued by the Bureau of Motor Carrier Safety of the 20 Federal Highway Administration displaying the federal 21 census number assigned, and 22 3. displays on the sides of the motor vehicle the 23 census number, which must be no less than 2 inches high, 24 with a brush stroke no less than 1/4 inch wide in a 25 contrasting color. 26 Notwithstanding any other provision of this Section, each 27 diesel powered vehicle that is registered for a gross weight 28 of more than 16,000 pounds, registered within the affected 29 area, and operated by an interstate carrier of property or a 30 private interstate carrier of property within the affected 31 area is subject to the provisions of this Chapter that 32 pertain to diesel emission inspections. 33 (Source: P.A. 85-1407.) HB2031 Enrolled -9- LRB9104097KSgcC 1 (625 ILCS 5/13-116.1 new) 2 Sec. 13-116.1. Emission inspection funding. The 3 Department of Transportation shall be reimbursed for all 4 expenses related to the training, equipment, recordkeeping, 5 and conducting of diesel powered emission inspections 6 pursuant to this Chapter 13 when that testing is conducted 7 within the affected areas, subject to appropriation, from the 8 General Revenue Fund and the Diesel Emissions Testing Fund. 9 No moneys from any funds other than the General Revenue Fund 10 and the Diesel Emissions Testing Fund shall be appropriated 11 for diesel emission inspections under this Chapter 13. 12 (625 ILCS 5/13-117 new) 13 Sec. 13-117. Home rule. A unit of local government 14 within the affected areas, including home rule units, shall 15 not require or conduct a diesel emission inspection program 16 that does not meet or exceed the standards of the diesel 17 emission inspections provided for in this Chapter 13. A unit 18 of local government within the affected areas, including home 19 rule units, must affirmatively comply with the diesel 20 emission inspection requirements of this Chapter 13. This 21 Section is a limitation under subsection (i) of Section 6 of 22 Article VII of the Illinois Constitution on the concurrent 23 exercise by home rule units of powers and functions exercised 24 by the State. 25 Section 99. Effective date. This Act takes effect on 26 July 1, 2000.