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1 | AN ACT concerning vehicles.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Vehicle Emissions Act. | ||||||||||||||||||||||||||
6 | Section 5. Definitions. For purposes of this Act: | ||||||||||||||||||||||||||
7 | "Agency" means the Illinois Environmental Protection | ||||||||||||||||||||||||||
8 | Agency. | ||||||||||||||||||||||||||
9 | "Director" means the Director of the Illinois | ||||||||||||||||||||||||||
10 | Environmental Protection Agency. | ||||||||||||||||||||||||||
11 | "New vehicle" has the same meaning as set out in Section | ||||||||||||||||||||||||||
12 | 1-148.4 of the Illinois Vehicle Code. | ||||||||||||||||||||||||||
13 | Section 10. Environmental Protection Agency authority. | ||||||||||||||||||||||||||
14 | (a) The Agency shall adopt and implement emission standards | ||||||||||||||||||||||||||
15 | for new vehicles that are 2009 model-year or later for the | ||||||||||||||||||||||||||
16 | control of emissions from new vehicles that the Agency finds to | ||||||||||||||||||||||||||
17 | be necessary and technologically feasible to carry out the | ||||||||||||||||||||||||||
18 | purposes of this Act. Before adopting these standards, the | ||||||||||||||||||||||||||
19 | Agency shall consider the impact of these standards on the | ||||||||||||||||||||||||||
20 | economy of the State, including, but not limited to, their | ||||||||||||||||||||||||||
21 | effect on vehicle fuel efficiency. | ||||||||||||||||||||||||||
22 | (b) The standards adopted under this Act may be applicable |
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1 | to vehicle engines, rather than to vehicles. | ||||||
2 | Section 15. Certification. | ||||||
3 | (a) No new vehicle or new vehicle engine shall be certified | ||||||
4 | by the Agency unless the vehicle or engine meets the emission | ||||||
5 | standards adopted by the Agency under Section 5 under test | ||||||
6 | procedures adopted by the Agency under Section 25. | ||||||
7 | (b) For the certification of new vehicles or new vehicle | ||||||
8 | engines, the Agency shall adopt, by rule, test procedures and | ||||||
9 | any other procedures necessary to determine whether the | ||||||
10 | vehicles or engines are in compliance with the emissions | ||||||
11 | standards established under Section 10. The Agency shall base | ||||||
12 | its test procedures on federal test procedures. | ||||||
13 | Section 20. New vehicles. | ||||||
14 | (a) No new vehicle, new vehicle engine, or vehicle with a | ||||||
15 | new vehicle engine required under this Act to meet the emission | ||||||
16 | standards established under Section 10 shall be sold to the | ||||||
17 | ultimate purchaser, offered or delivered for sale to the | ||||||
18 | ultimate purchaser, or registered in this State if the | ||||||
19 | manufacturer has violated emission standards or test | ||||||
20 | procedures and has failed to take corrective action, which may | ||||||
21 | include recall of vehicles or engines, specified by the Agency | ||||||
22 | in accordance with rules of the Agency. If a manufacturer | ||||||
23 | contests the necessity for, or the scope of, a recall of | ||||||
24 | vehicles or engines ordered under this Section and so advises |
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1 | the Agency, the Agency shall not require such recall unless it | ||||||
2 | first affords the manufacturer the opportunity, at a public | ||||||
3 | hearing, to present evidence in support of the manufacturer's | ||||||
4 | objections. If a vehicle or engine is recalled under this | ||||||
5 | Section, the manufacturer shall make all necessary corrections | ||||||
6 | specified by the Agency without charge to the registered owner | ||||||
7 | of the vehicle or vehicle with such engine or, at the | ||||||
8 | manufacturer's election, reimburse the registered owner for | ||||||
9 | the cost of making such necessary corrections. | ||||||
10 | The procedures for determining and the facts constituting | ||||||
11 | compliance or failure of compliance shall be established by the | ||||||
12 | Agency. | ||||||
13 | (b) For all vehicles equipped with on board diagnostic | ||||||
14 | systems and certified in accordance with the test procedures | ||||||
15 | adopted under Section 15, the Agency shall adopt rules that | ||||||
16 | require a vehicle manufacturer to do all of the following to | ||||||
17 | the extent allowed by federal law: | ||||||
18 | (1) Make available, within a reasonable period of time, | ||||||
19 | and by reasonable business means, including, but not | ||||||
20 | limited to, use of the Internet, as determined by the | ||||||
21 | Agency, to all affected persons, the full contents of all | ||||||
22 | manuals, technical service bulletins, and training | ||||||
23 | materials regarding emissions-related vehicle information | ||||||
24 | that is made available to their franchised dealerships. | ||||||
25 | (2) Make available for sale to all affected persons the | ||||||
26 | manufacturer's emissions-related enhanced diagnostic |
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1 | tools, and make emissions-related enhanced data stream | ||||||
2 | information and bidirectional controls related to tools | ||||||
3 | available in electronic format to equipment and tool | ||||||
4 | companies. | ||||||
5 | (3) If the vehicle manufacturer uses reprogrammable | ||||||
6 | computer chips in its vehicles, provide equipment and tool | ||||||
7 | companies with the information that is provided by the | ||||||
8 | manufacturer to its dealerships to allow those companies to | ||||||
9 | incorporate into aftermarket tools the same reprogramming | ||||||
10 | capability. | ||||||
11 | (4) Make available to all affected persons, within a | ||||||
12 | reasonable period of time, a general description of their | ||||||
13 | on board diagnostic systems, which shall contain the | ||||||
14 | information described in this paragraph. For each | ||||||
15 | monitoring system utilized by a manufacturer that | ||||||
16 | illuminates the on board diagnostic systems malfunction | ||||||
17 | indicator light, the vehicle manufacturer shall provide | ||||||
18 | all of the following: | ||||||
19 | (A) a general description of the operation of the | ||||||
20 | monitor, including a description of the parameter that | ||||||
21 | is being monitored; | ||||||
22 | (B) a listing of all typical on board diagnostic | ||||||
23 | systems diagnostic trouble codes associated with each | ||||||
24 | monitor; | ||||||
25 | (C) a description of the typical enabling | ||||||
26 | conditions for each monitor to execute during vehicle |
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1 | operation, including, but not limited to, minimum and | ||||||
2 | maximum intake air and engine coolant temperature, | ||||||
3 | vehicle speed range, and time after engine startup; | ||||||
4 | (D) a listing of each monitor sequence, execution | ||||||
5 | frequency, and typical duration; | ||||||
6 | (E) a listing of typical malfunction thresholds | ||||||
7 | for each monitor; | ||||||
8 | (F) for on board diagnostic system parameters for | ||||||
9 | specific vehicles that deviate from the typical | ||||||
10 | parameters, the on board diagnostic system description | ||||||
11 | shall indicate the deviation and provide a separate | ||||||
12 | listing of the typical value for those vehicles; and | ||||||
13 | (G) the information required by this Section shall | ||||||
14 | not include specific algorithms, specific software | ||||||
15 | code, or specific calibration data beyond that | ||||||
16 | required to be made available through the generic scan | ||||||
17 | tool in federal regulations. | ||||||
18 | (5) Not utilize any access or recognition code or any | ||||||
19 | type of encryption for the purpose of preventing a vehicle | ||||||
20 | owner from using an emissions-related vehicle part with the | ||||||
21 | exception of the powertrain control modules, engine | ||||||
22 | control modules, and transmission control modules, that | ||||||
23 | has not been manufactured by that manufacturer or any of | ||||||
24 | the manufacturer's original equipment suppliers. | ||||||
25 | (6) Provide to all affected persons information | ||||||
26 | regarding initialization procedures relating to |
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1 | immobilizer circuits or other lockout devices to | ||||||
2 | reinitialize vehicle on board computers that employ | ||||||
3 | integral vehicle security systems if necessary to repair or | ||||||
4 | replace an emissions-related part, or if necessary for the | ||||||
5 | proper installation of vehicle on board computers that | ||||||
6 | employ integral vehicle security systems. | ||||||
7 | (7) All information required to be provided to affected | ||||||
8 | persons by this Section shall be provided for fair, | ||||||
9 | reasonable, and nondiscriminatory compensation, in a | ||||||
10 | format that is readily accessible to all affected persons, | ||||||
11 | as determined by the Agency. | ||||||
12 | (c) Any information required to be disclosed under a final | ||||||
13 | rule adopted under this Section that the vehicle manufacturer | ||||||
14 | demonstrates to a court, on a case-by-case basis, to be a trade | ||||||
15 | secret shall be exempt from disclosure, unless the court, upon | ||||||
16 | the request of an affected person seeking disclosure of the | ||||||
17 | information, determines that the disclosure of the information | ||||||
18 | is necessary to mitigate anti-competitive effects. In making | ||||||
19 | this determination, the court shall consider, among other | ||||||
20 | things, the practices of any vehicle manufacturer that results | ||||||
21 | in the fullest disclosure of information listed in paragraph | ||||||
22 | (4) of subsection (a) of this Section. In actions subject to | ||||||
23 | this paragraph, the court shall preserve the secrecy of an | ||||||
24 | alleged trade secret by reasonable means, which may include | ||||||
25 | granting a protective order in connection with discovery | ||||||
26 | proceedings, holding an in-camera hearing, sealing the record |
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1 | of the action, or ordering any person involved in the | ||||||
2 | litigation not to disclose an alleged trade secret without | ||||||
3 | prior court approval. | ||||||
4 | (d) If information is required to be disclosed by a vehicle | ||||||
5 | manufacturer under subsection (c) of this Section, the court | ||||||
6 | shall allow for the imposition of reasonable business | ||||||
7 | conditions as a condition of disclosure, and may include | ||||||
8 | punitive sanctions for the improper release of information that | ||||||
9 | is determined to be a trade secret to a competitor of the | ||||||
10 | manufacturer. The court shall also provide for fair, | ||||||
11 | reasonable, and nondiscrimatory compensation to the vehicle | ||||||
12 | manufacturer for the disclosure of information determined by | ||||||
13 | the court to be a trade secret and required to be disclosed | ||||||
14 | under subsection (c) of this Section. The court shall provide | ||||||
15 | for the dissemination of trade secret information required to | ||||||
16 | be disclosed under subsection (c) of this Section through | ||||||
17 | licensing agreements and the collection of reasonable | ||||||
18 | licensing fees. If the court determines that disclosure of any | ||||||
19 | of the information required to be disclosed under subsection | ||||||
20 | (c) of this Section constitutes a taking of personal property, | ||||||
21 | a jury trial shall be held to determine the amount of | ||||||
22 | compensation for that taking, unless waived by the vehicle | ||||||
23 | manufacturer. | ||||||
24 | (e) The Agency shall periodically conduct surveys to | ||||||
25 | determine whether the information requirements imposed by this | ||||||
26 | Section are being fulfilled by actual field availability of the |
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1 | information. | ||||||
2 | (f) If the Director obtains credible evidence that a | ||||||
3 | vehicle manufacturer has failed to comply with any of the | ||||||
4 | requirements of this Section or the rules adopted by the | ||||||
5 | Agency, the Director shall issue a notice to comply to the | ||||||
6 | manufacturer. Not later than 30 days after issuance of the | ||||||
7 | notice to comply, the vehicle manufacturer shall submit to the | ||||||
8 | Director a compliance plan, unless within that 30-day period | ||||||
9 | the manufacturer requests an administrative hearing to contest | ||||||
10 | the basis or scope of the notice to comply in accordance with | ||||||
11 | subsection (g) of this Section. The Director shall accept the | ||||||
12 | compliance plan if it provides adequate demonstration that the | ||||||
13 | manufacturer will come into compliance with this Section and | ||||||
14 | the Agency's implementing rules within 45 days after submission | ||||||
15 | of the plan. However, the Director may extend the compliance | ||||||
16 | period if the Director determines that the violation cannot be | ||||||
17 | remedied within that period. | ||||||
18 | (g) If the vehicle manufacturer contests a notice to comply | ||||||
19 | under subsection (f) of this Section or the Director rejects | ||||||
20 | the compliance plan submitted by the manufacturer, an | ||||||
21 | administrative hearing shall be conducted by a hearing officer | ||||||
22 | appointed by the Agency, in accordance with procedures | ||||||
23 | established by the Agency. The hearing procedures shall provide | ||||||
24 | the manufacturer and any other interested party at least 30 | ||||||
25 | days notice of the hearing. If, after the hearing, the hearing | ||||||
26 | officer appointed by the Agency finds that the vehicle |
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1 | manufacturer has failed to comply with any of the requirements | ||||||
2 | of this Section or the rules adopted by the Agency, and the | ||||||
3 | manufacturer fails to correct the violation with 30 days after | ||||||
4 | the date of the finding, the hearing officer may impose a civil | ||||||
5 | penalty upon the manufacturer in an amount not to exceed | ||||||
6 | $25,000 per day per violation until the violation is corrected, | ||||||
7 | as determined in accordance with the hearing procedures | ||||||
8 | established by the Agency. The hearing procedures may provide | ||||||
9 | additional time for compliance prior to imposing a civil | ||||||
10 | penalty. If so, the hearing officer may grant additional time | ||||||
11 | for compliance if he or she determines that the violation | ||||||
12 | cannot be remedied within 30 days after the finding that a | ||||||
13 | violation has occurred. | ||||||
14 | (h) The Agency shall, report annually to the General | ||||||
15 | Assembly on the extent to which the implementation of this Act | ||||||
16 | is effective in furthering the intent and policy of this Act. | ||||||
17 | (i) Nothing in this Section is intended to authorize the | ||||||
18 | infringement of intellectual property rights embodied in | ||||||
19 | United States patents, trademarks, or copyrights, to the extent | ||||||
20 | those rights may be exercised consistently with any other | ||||||
21 | federal laws. | ||||||
22 | Section 25. Test engines. Each new vehicle or engine | ||||||
23 | required under this Act to meet the emission standards | ||||||
24 | established under Section 10 shall be, in all material | ||||||
25 | respects, substantially the same in construction as the test |
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1 | vehicle or engine, as the case may be, that has been certified | ||||||
2 | by the Agency in accordance with this Act. However, changes | ||||||
3 | with respect to new vehicles or engines previously certified | ||||||
4 | may be made if the changes do not increase emissions above the | ||||||
5 | standards for those vehicles or engines as certified and are | ||||||
6 | made in accordance with procedures specified by the Agency. | ||||||
7 | Section 30. Motorcycles. The Agency may, by rule, adopt | ||||||
8 | emission standards for 2009 or later model-year motorcycles | ||||||
9 | registered or identified by the Secretary of State that are | ||||||
10 | sold in the State on or after July 1, 2008, or such later date | ||||||
11 | as established by the Agency by rule.
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12 | Section 35. School busses. | ||||||
13 | (a) In lieu of certification under Section 15, the Agency | ||||||
14 | may certify a new vehicle designed for exclusive use as a | ||||||
15 | school bus, or a new vehicle engine intended for use in a | ||||||
16 | school bus, if the Director has granted a certificate of | ||||||
17 | conformity for the school bus or engine under the federal Clean | ||||||
18 | Air Act (42 U.S.C. Sec. 1857). | ||||||
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(b) The Agency shall grant a certification under | ||||||
20 | subsection (a) of this Section only if the manufacturer of the | ||||||
21 | school bus or engine demonstrates that an engine suitable for | ||||||
22 | use in the manufacturer's standard type of school bus which | ||||||
23 | meets the applicable emissions standards established by the | ||||||
24 | Agency under Section 10 is not available for installation. |
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(c) The Agency, prior to granting a certification under | ||||||
2 | subsection (a) of this Section, shall require a showing by the | ||||||
3 | manufacturer of the school bus or engine of a good faith effort | ||||||
4 | to procure or manufacture an engine which meets the standards | ||||||
5 | established by the Agency under Section 10 and, in the case of | ||||||
6 | the school bus manufacturer, a good faith effort to accomplish | ||||||
7 | a school bus redesign to accommodate such an engine. In the | ||||||
8 | absence of these showings, the Agency shall not grant a | ||||||
9 | certification under subsection (a) of this Section.
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10 | Section 90. The Illinois Vehicle Code is amended by adding | ||||||
11 | Section 13B-80 as follows: | ||||||
12 | (625 ILCS 5/13B-80 new)
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13 | Sec. 13B-80. Vehicle emissions act. Nothing in this Chapter | ||||||
14 | 13B shall limit the authority of the Environmental Protection | ||||||
15 | Agency under the Vehicle Emissions Act.
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