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91_HB2031sam001
LRB9104097KSdvam01
1 AMENDMENT TO HOUSE BILL 2031
2 AMENDMENT NO. . Amend House Bill 2031 as follows:
3 on page 1, line 16, by deleting "13-101,"; and
4 on page 1, line 16, by deleting "13-109,"; and
5 on page 1, line 17, by inserting "13-109.1, 13-109.2,
6 13-109.3," after "13-102.1,"; and
7 by deleting lines 25 and 26 on page 1, all of pages 2 through
8 4, and lines 1 through 13 on page 5; and
9 on page 5, by replacing line 16 with the following:
10 "emission inspections.
11 (a) The Department of State Police is"; and
12 on page 5, line 19, by changing "and", to ","; and
13 on page 5, line 20, by replacing "8,000 pounds", with "16,000
14 pounds, and are a 2 year or older model year"; and
15 on page 5, immediately below line 31, by inserting the
16 following:
17 "(b) Except as otherwise provided in Section 13-109.1,
18 it is unlawful for any person to operate a diesel powered
19 vehicle that is registered for a gross weight of more than
20 16,000 pounds upon the roadways of this State within the
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1 affected areas in violation of the diesel emission standards
2 set forth in subsection (b) Section 13-109.1.
3 Notwithstanding any other penalty, until December 31,
4 2000, whenever a law enforcement officer of the Department of
5 State Police determines that a diesel powered vehicle that is
6 registered for a gross weight of more than 16,000 pounds is
7 in violation of the diesel emission standards, the law
8 enforcement officer shall issue a written warning citation
9 informing the person that he or she is in violation of the
10 State's diesel emission standards. Beginning January 1, 2001,
11 whenever a law enforcement officer of the Department of State
12 Police determines that a diesel powered vehicle that is
13 registered for a gross weight of more than 16,000 pounds is
14 in violation of the diesel emission standards, as evidenced
15 by the issuance of a citation for a violation of the diesel
16 emission standards, the operator of the vehicle shall be
17 guilty of a petty offense punishable by a $400 fine, except
18 that a third or subsequent violation within one year of the
19 first violation is a petty offense punishable by a $1,000
20 fine. In no event may an operator who has received a
21 citation under this Section receive, within 30 days of the
22 initial citation, a second or subsequent citation for
23 operating the same vehicle in violation of the diesel
24 emission standard under this Chapter."; and
25 on page 6, line 10, by changing "January 1, 2001" to "July 1,
26 2000"; and
27 on page 6, line 15, by replacing "8,000" with "16,000"; and
28 on page 6, line 16, by changing "December 31, 2001, and every
29 December 31" to "June 30, 2001, and every June 30"; and
30 on page 8, by replacing lines 7 through 14 with the
31 following:
32 "division vehicles and issue certificates of safety and
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1 conduct emission inspections of his or its own second
2 division vehicles in accordance with the requirements of
3 Section 13-109.1 with respect to any such second division
4 vehicles owned, operated, or controlled by him or it."; and
5 by replacing lines 28 through 33 on page 8, all of pages 9
6 through 12, and lines 1 through 21 on page 13 with the
7 following:
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, for motor vehicles that are
32 model years 1973 and older, until December 31, 2002, the
33 level of peak smoke opacity shall not exceed 70 percent.
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1 Beginning January 1, 2003, for motor vehicles that are model
2 years 1973 and older, the level of peak smoke opacity shall
3 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.
27 The Department or an official testing station may issue a
28 certificate of waiver subsequent to a reinspection of a
29 vehicle that failed the emissions inspection. Certificate of
30 waiver shall be issued upon determination that documented
31 proof demonstrates that emissions repair costs for the
32 noncompliant vehicle of at least $3,000 have been spent in an
33 effort to achieve compliance with the emission standards set
34 forth in subsection (b). The Department of Transportation
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1 shall adopt rules for the implementation of this subsection
2 including standards of documented proof as well as the
3 criteria by which a waiver shall be granted.
4 (d) There is hereby created within the State Treasury a
5 special fund to be known as the Diesel Emissions Testing
6 Fund, constituted from the fines collected pursuant to
7 subsection (c) of this Section, Section 13-101.2, and Section
8 13-109.2. Subject to appropriation, moneys from the Diesel
9 Emissions Testing Fund shall be available, as a supplement to
10 moneys appropriated from the General Revenue Fund, to the
11 Department of Transportation and the Department of State
12 Police for their implementation of the diesel emission
13 inspection requirements under this Chapter 13. All moneys
14 received from fines imposed under this Section shall be paid
15 into the Diesel Emissions Testing Fund. All citations issued
16 pursuant to this Section, Section 13-101.2, and Section
17 13-109.2 shall be considered non-moving violations. The
18 Department of Transportation and the Department of State
19 Police are authorized to promulgate rules to implement their
20 responsibilities under this Section.
21 (625 ILCS 5/13-109.2 new)
22 Sec. 13-109.2. Diesel emission violations by owners.
23 Except as otherwise provided in Section 13-109.1, it is
24 unlawful for the owner of a diesel powered vehicle to permit
25 the operation of that vehicle upon the highways of this State
26 within the affected areas that (i) has been placed out of
27 service pursuant to subsection (c) of Section 13-109.1 and
28 has not passed a retest at an official testing station or
29 been granted a waiver; or (ii) is registered for a gross
30 weight of more than 16,000 pounds and exceeds the diesel
31 emission standards, as evidenced by the issuance of a
32 citation for a violation of the diesel emission standards.
33 Notwithstanding any other penalty, until December 31,
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1 2000, an owner of a diesel powered vehicle who violates this
2 Section shall be issued a warning citation informing him or
3 her that the person's vehicle is in violation of the State's
4 diesel emission standards. Beginning January 1, 2001,
5 whenever a law enforcement officer determines that a diesel
6 powered vehicle that is registered for a gross weight of more
7 than 16,000 pounds is in violation of the diesel emission
8 standards and the owner of that vehicle permitted the
9 operation of that vehicle within the affected areas, as
10 evidenced by the issuance of a citation for a violation of
11 the diesel emission standards, the owner of the vehicle is
12 guilty of a petty offense punishable by a $400 fine, except
13 that a third or subsequent violation within one year of the
14 first violation is a petty offense punishable by a $1,000
15 fine. In no event may the owner of a vehicle who has received
16 a citation under this Section receive, within 30 days of the
17 initial citation, a second or subsequent citation for
18 permitting the operation of the same vehicle in violation of
19 the diesel emission standards.
20 (625 ILCS 5/13-109.3 new)
21 Sec. 13-109.3. Exemption from diesel emissions
22 inspections. The following vehicles are exempt from the
23 diesel emissions inspection requirements set forth in this
24 Chapter:
25 (1) Second division vehicles being operated on
26 mileage plates issued pursuant to section 3-818; and
27 (2) Second division vehicles being operated on
28 plates issued pursuant to subsection (c) of Section
29 3-815."; and
30 on page 14, by replacing lines 15 and 16 with the following:
31 "of more than 16,000 pounds, registered within this State,
32 and operated by an interstate carrier of property or a"; and
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1 on page 15, by replacing lines 4 through 15 with the
2 following:
3 "not require or conduct a diesel emission inspection program.
4 This Section is a limitation under subsection (h) of Section
5 6 of Article VII of the Illinois Constitution on the
6 exclusive exercise by home rule units of powers and functions
7 exercised by the State.
8 Section 99. Effective date. This Act takes effect on
9 July 1, 2000.".