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91_HB2031sam002
LRB9104097KSgcam12
1 AMENDMENT TO HOUSE BILL 2031
2 AMENDMENT NO. . Amend House Bill 2031, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The State Finance Act is amended by adding
6 Section 5.490 as follows:
7 (30 ILCS 105/5.490 new)
8 Sec. 5.490. The Diesel Emissions Testing Fund.
9 Section 7. The State Mandates Act is amended by adding
10 Section 8.23 as follows:
11 (30 ILCS 805/8.23 new)
12 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
13 and 8 of this Act, no reimbursement by the State is required
14 for the implementation of any mandate created by this
15 amendatory Act of the 91st General Assembly.
16 Section 10. The Illinois Vehicle Code is amended by
17 changing Sections 13-103, 13-106, and 13-114 and adding
18 Sections 13-100.1, 13-102.1, 13-109.1, 13-109.2, 13-109.3,
19 13-116.1, and 13-117 as follows:
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1 (625 ILCS 5/13-100.1 new)
2 Sec. 13-100.1. Definitions. As used in this Chapter,
3 "affected areas" means the counties of Cook, DuPage, Lake,
4 Kane, McHenry, Will, Madison, St. Clair, and Monroe and the
5 townships of Aux Sable and Goose Lake in Grundy County and
6 the township of Oswego in Kendall County.
7 (625 ILCS 5/13-102.1 new)
8 Sec. 13-102.1. Diesel powered vehicle emission
9 inspection report. Beginning July 1, 2000, the Department of
10 Transportation shall conduct an annual study concerned with
11 the results of emission inspections for diesel powered
12 vehicles registered for a gross weight of more than 16,000
13 pounds. The study shall be reported to the General Assembly
14 by June 30, 2001, and every June 30 thereafter. The study
15 shall also be sent to the Illinois Environmental Protection
16 Agency for its use in environmental matters.
17 The studies shall include, but not be limited to, the
18 following information:
19 (a) the number of diesel powered vehicles that were
20 inspected for emission compliance pursuant to this
21 Chapter 13 during the previous year;
22 (b) the number of diesel powered vehicles that
23 failed and passed the emission inspections required
24 pursuant to this Chapter 13 during the previous year; and
25 (c) the number of diesel powered vehicles that
26 failed the emission inspections pursuant to this Chapter
27 13 more than once in the previous year.
28 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
29 Sec. 13-103. Official testing stations - Fee - Permit -
30 Bond. Upon the payment of a fee of $10 and the filing of an
31 application by the proprietor of any vehicle service station
32 or public or private garage upon forms furnished by the
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1 Department, accompanied by proof of experience, training and
2 ability of the operator of the testing equipment, together
3 with proof of installation of approved testing equipment as
4 defined in Section 13-102 and the giving of a bond
5 conditioned upon faithful observance of this Section and of
6 rules and regulations issued by the Department in the amount
7 of $1,000 with security approved by the Department, the
8 Department shall issue a permit to the proprietor of such
9 vehicle service station or garage to operate an Official
10 Testing Station. Such permit shall expire 12 months following
11 its issuance, but may be renewed annually by complying with
12 the requirements set forth in this Section and upon the
13 payment of a renewal fee of $10. Proprietors of official
14 testing stations for which permits have been issued prior to
15 the effective date of this Act may renew such permits for the
16 renewal fee of $10 on the expiration of each 12 months
17 following issuance of such permits, by complying with the
18 requirements set forth in this Section. However, any city,
19 village or incorporated town shall upon application to the
20 Department and without payment of any fee or filing of any
21 bond, but upon proof of experience, training and ability of
22 the operator of the testing equipment, and proof of the
23 installation of approved testing equipment as defined in
24 Section 13-102, be issued a permit to operate such testing
25 station as an Official Testing Station under this Act. The
26 permit so issued shall at all times be displayed in a
27 prominent place in the vehicle service station, garage or
28 municipal testing station which is licensed as an Official
29 Testing Station under this Act. No person or vehicle service
30 station, garage or municipal testing station shall in any
31 manner claim or represent himself or itself to be an official
32 testing station unless a permit has been issued to him or it
33 as provided in this Section.
34 Any person or municipality who or which has received a
-4- LRB9104097KSgcam12
1 permit under this Section may test his or its own second
2 division vehicles and issue certificates of safety and
3 conduct emission inspections of his or its own second
4 division vehicles in accordance with the requirements of
5 Section 13-109.1 with respect to any such second division
6 vehicles owned, operated or controlled by him or it.
7 Each such permit issued by the Department shall state on
8 its face the location of the official testing station to be
9 operated under the permit and safety tests shall be made only
10 at such location. However, the Department may, upon
11 application, authorize a change in the location of the
12 official testing station and the removal of the testing
13 equipment to the new location. Upon approval of such
14 application, the Department shall issue an endorsement which
15 the applicant shall affix to his permit. Such endorsement
16 constitutes authority for the applicant to make such change
17 in location and to remove his testing equipment at the times
18 and to the places stated in the endorsement.
19 (Source: P.A. 80-606.)
20 (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
21 Sec. 13-106. Rates and charges by official testing
22 stations-Schedule to be filed. Every operator of an official
23 testing station shall file with the Department, in the manner
24 prescribed by the Department, a schedule of all rates and
25 charges made by him for performing the tests test provided
26 for in Section 13-101 and Section 13-109.1. Such rate or
27 charge shall include an amount to reimburse the operator of
28 the official testing station for the purchase from the
29 Department of the certificate of safety required by this
30 chapter, not to exceed that fee paid to the Department by the
31 operator authorized by this chapter. Such rates and charges
32 shall be just and reasonable and the Department upon its own
33 initiative or upon complaint of any person or corporation may
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1 require the testing station operator to appear for a hearing
2 and prove that the rates so filed are just and reasonable. A
3 "just and reasonable" rate or charge, for the purposes of
4 this Section, means a rate or charge which is the same, or
5 nearly the same, as the prevailing rate or charge for the
6 same or similar tests made in the community where the station
7 is located. No operator may change this schedule of rates
8 and charges until the proposed changes are filed with and
9 approved by the Department. No license may be issued to any
10 official testing station unless the applicant has filed with
11 the Department a proposed schedule of rates and charges and
12 unless such rates and charges have been approved by the
13 Department. No operator of an official testing station shall
14 charge more or less than the rates so filed with and approved
15 by the Department.
16 (Source: P.A. 80-606.)
17 (625 ILCS 5/13-109.1 new)
18 Sec. 13-109.1. Annual emission inspection tests;
19 standards; penalties; funds.
20 (a) For each diesel powered vehicle that is registered
21 for a gross weight of more than 16,000 pounds, is registered
22 within an affected area, and is a 2 year or older model year,
23 an annual emission inspection test shall be conducted at an
24 official testing station certified by the Department to
25 perform diesel emission inspections pursuant to the standards
26 set forth in subsection (b) of this Section. This annual
27 emission inspection test may be conducted in conjunction with
28 a semi-annual safety test.
29 (b) Diesel emission inspections conducted under this
30 Chapter 13 shall be conducted in accordance with the Society
31 of Automotive Engineers Recommended Practice J1667
32 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
33 Powered Vehicles" and the cutpoint standards set forth in the
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1 United States Environmental Protection Agency guidance
2 document "Guidance to States on Smoke Opacity Cutpoints to be
3 used with the SAE J1667 In-Use Smoke Test Procedure". Those
4 procedures and standards, as now in effect, are made a part
5 of this Code, in the same manner as though they were set out
6 in full in this Code.
7 Notwithstanding the above cutpoint standards, for motor
8 vehicles that are model years 1973 and older, until December
9 31, 2002, the level of peak smoke opacity shall not exceed 70
10 percent. Beginning January 1, 2003, for motor vehicles that
11 are model years 1973 and older, the level of peak smoke
12 opacity shall not exceed 55 percent.
13 (c) If the annual emission inspection reveals that the
14 vehicle is not in compliance with the diesel emission
15 standards set forth in subsection (b) of this Section, the
16 operator of the official testing station shall issue a
17 warning notice requiring correction of the violation. The
18 correction shall be made and the vehicle submitted to an
19 emissions retest at an official testing station certified by
20 the Department to perform diesel emission inspections within
21 30 days from the issuance of the warning notice requiring
22 correction of the violation.
23 If, within 30 days from the issuance of the warning
24 notice, the vehicle is not in compliance with the diesel
25 emission standards set forth in subsection (b) as determined
26 by an emissions retest at an official testing station, the
27 operator of the official testing station or the Department
28 shall place the vehicle out-of-service in accordance with the
29 rules promulgated by the Department. Operating a vehicle that
30 has been placed out-of-service under this subsection (c) is a
31 petty offense punishable by a $1,000 fine. The vehicle must
32 pass a diesel emission inspection at an official testing
33 station before it is again placed in service. The Secretary
34 of State, Department of State Police, and other law
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1 enforcement officers shall enforce this Section. No emergency
2 vehicle, as defined in Section 1-105, may be placed
3 out-of-service pursuant to this Section.
4 The Department or an official testing station may issue a
5 certificate of waiver subsequent to a reinspection of a
6 vehicle that failed the emissions inspection. Certificate of
7 waiver shall be issued upon determination that documented
8 proof demonstrates that emissions repair costs for the
9 noncompliant vehicle of at least $3,000 have been spent in an
10 effort to achieve compliance with the emission standards set
11 forth in subsection (b). The Department of Transportation
12 shall adopt rules for the implementation of this subsection
13 including standards of documented proof as well as the
14 criteria by which a waiver shall be granted.
15 (d) There is hereby created within the State Treasury a
16 special fund to be known as the Diesel Emissions Testing
17 Fund, constituted from the fines collected pursuant to
18 subsection (c) of this Section. Subject to appropriation,
19 moneys from the Diesel Emissions Testing Fund shall be
20 available, as a supplement to moneys appropriated from the
21 General Revenue Fund, to the Department of Transportation for
22 its implementation of the diesel emission inspection
23 requirements under this Chapter 13. All moneys received from
24 fines imposed under this Section shall be paid into the
25 Diesel Emissions Testing Fund. All citations issued pursuant
26 to this Section shall be considered non-moving violations.
27 The Department of Transportation is authorized to promulgate
28 rules to implement its responsibilities under this Section.
29 (625 ILCS 5/13-109.2 new)
30 Sec. 13-109.2. Pollution Control Board diesel emission
31 standards and tests. Within 8 months of the effective date
32 of this amendatory Act of the 91st General Assembly, the
33 Pollution Control Board shall amend its heavy-duty diesel
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1 smoke opacity standards and test procedures to be consistent
2 with the procedures and standards set forth in Section
3 13-109.1.
4 (625 ILCS 5/13-109.3 new)
5 Sec. 13-109.3. Exemption from diesel emissions
6 inspections. Second division vehicles being operated on
7 plates issued pursuant to subsection (c) of Section 3-815 are
8 exempt from the diesel emissions inspection requirements set
9 forth in this Chapter.
10 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
11 Sec. 13-114. Interstate carriers of property. Any
12 vehicle registered in Illinois and operated by an interstate
13 carrier of property shall be exempt from the provisions of
14 this Chapter provided such carrier has registered with the
15 Bureau of Motor Carrier Safety of the Federal Highway
16 Administration as an interstate motor carrier of property and
17 has been assigned a federal census number by such Bureau. An
18 interstate carrier of property, however, is not exempt from
19 the provisions of Section 13-111(b) of this Chapter.
20 Any vehicle registered in Illinois and operated by a
21 private interstate carrier of property shall be exempt from
22 the provisions of this Chapter, except the provisions of
23 Section 13-111(b), provided it:
24 1. is registered with the Bureau of Motor Carrier
25 Safety of the Federal Highway Administration, and
26 2. carries in the motor vehicle documentation
27 issued by the Bureau of Motor Carrier Safety of the
28 Federal Highway Administration displaying the federal
29 census number assigned, and
30 3. displays on the sides of the motor vehicle the
31 census number, which must be no less than 2 inches high,
32 with a brush stroke no less than 1/4 inch wide in a
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1 contrasting color.
2 Notwithstanding any other provision of this Section, each
3 diesel powered vehicle that is registered for a gross weight
4 of more than 16,000 pounds, registered within the affected
5 area, and operated by an interstate carrier of property or a
6 private interstate carrier of property within the affected
7 area is subject to the provisions of this Chapter that
8 pertain to diesel emission inspections.
9 (Source: P.A. 85-1407.)
10 (625 ILCS 5/13-116.1 new)
11 Sec. 13-116.1. Emission inspection funding. The
12 Department of Transportation shall be reimbursed for all
13 expenses related to the training, equipment, recordkeeping,
14 and conducting of diesel powered emission inspections
15 pursuant to this Chapter 13 when that testing is conducted
16 within the affected areas, subject to appropriation, from the
17 General Revenue Fund and the Diesel Emissions Testing Fund.
18 No moneys from any funds other than the General Revenue Fund
19 and the Diesel Emissions Testing Fund shall be appropriated
20 for diesel emission inspections under this Chapter 13.
21 (625 ILCS 5/13-117 new)
22 Sec. 13-117. Home rule. A unit of local government
23 within the affected areas, including home rule units, shall
24 not require or conduct a diesel emission inspection program
25 that does not meet or exceed the standards of the diesel
26 emission inspections provided for in this Chapter 13. A unit
27 of local government within the affected areas, including home
28 rule units, must affirmatively comply with the diesel
29 emission inspection requirements of this Chapter 13. This
30 Section is a limitation under subsection (i) of Section 6 of
31 Article VII of the Illinois Constitution on the concurrent
32 exercise by home rule units of powers and functions exercised
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1 by the State.
2 Section 99. Effective date. This Act takes effect on
3 July 1, 2000.".