95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2083

 

Introduced 2/14/2008, by Sen. Jacqueline Y. Collins - Donne E. Trotter

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.708 new

    Creates the Illinois Diesel Emissions Reduction Act. Creates the Illinois Diesel Emissions Reduction Funding Program and the Diesel Emissions Reduction Fund. Provides that moneys in the Fund shall be used only to implement the Funding Program. Requires the collection of a surcharge on the retail sale or lease of certain diesel vehicles that are of a model year 2006 or earlier and are not equipped with Level 3 Controls. Requires a similar surcharge on the registration of certain diesel vehicles. Requires IEPA, in consultation with the Department of Revenue and after notice and public comment, to promulgate rules to establish and implement the Diesel Emissions Reduction Funding Program. Sets out guidelines for the administration of the Diesel Emissions Reduction Funding Program and the corresponding grant and rebate programs. Provides that IEPA may seek injunctive relief in any court of competent jurisdiction to enforce any provision of the Funding Program. Amends the Illinois Vehicle Code. Provides that the Secretary of State shall require additional information with the registration of a diesel motor vehicle to support a reliable and complete inventory of diesel motor vehicles in the State. Provides that the Secretary of State, in consultation with DOT and IEPA, shall, promulgate regulations by October 1, 2008 to develop a program for registration of diesel nonroad vehicles, locomotives, and diesel marine vessels, and shall implement the program beginning January 1, 2009. Contains other provisions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning finance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Illinois Diesel Emissions Reduction Act.
 
6     Section 5. Legislative findings and purpose. The
7 Legislature hereby finds and declares that:
8     (a) Diesel exhaust particle pollution poses a clear and
9 present health risk to the people of Illinois. The United
10 States Environmental Protection Agency has classified diesel
11 exhaust as a likely human carcinogen, and has identified diesel
12 particulate matter and diesel exhaust organic gases as toxic
13 air pollutants. Diesel exhaust is also a prime contributor to
14 airborne fine particle pollution that is linked to premature
15 death and other serious cardiovascular and pulmonary problems
16 such as heart attacks, abnormal heart rhythms,
17 atherosclerosis, stroke, asthma attacks, permanent respiratory
18 damage, and retardation of lung growth in children.
19     (b) The health impacts from diesel emissions particularly
20 affect children, the elderly, and people with weakened immune
21 systems.
22     (c) Particularly high concentrations of diesel emissions
23 often occur in heavily traveled transportation corridors,

 

 

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1 intermodal yards, bus depots, and construction sites; these
2 diesel "hot spots" often are found in densely populated urban
3 areas, disproportionately impacting ethnic minorities and
4 people of lower economic status.
5     (d) Diesel engine crankcases also are a source of emissions
6 that can seep into the cabin and expose vehicle drivers and
7 passengers to harmful diesel emissions.
8     (e) Diesel exhaust also contains black carbon emissions,
9 which contribute to global climate change.
10     (f) Reduction of diesel emissions can help address these
11 human health and climate problems.
12     (g) The United States Environmental Protection Agency has
13 enacted requirements over the past few years requiring the
14 substantial reduction of emissions from new diesel engines in
15 both heavy-duty highway vehicles and land-based nonroad
16 equipment. However, these regulations do not apply to any of
17 the over 11,000,000 existing diesel engines in the United
18 States, most of which emit substantially more pollution and
19 often remain in service for 10 to 30 years depending on the
20 type of engine and equipment.
21     (h) Practical, cost-effective measures to substantially
22 reduce diesel particulate emissions are available today, and
23 can be applied to many existing diesel engines. The same
24 technology that limits diesel pollution from new diesel engines
25 can be retrofitted onto existing engines or applied in new
26 replacement engines to reduce diesel emissions by 85% or more.

 

 

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1     (i) Therefore, the purpose of this Funding Program is to
2 help minimize the public health risks from exposure to diesel
3 particulate emissions as expeditiously as practical.
 
4     Section 10. Definitions. For purposes of this Act:
5     (a) "Auxiliary power unit" means a portable,
6 vehicle-mounted system that provides climate control and power
7 for a diesel vehicle interior cabin without using the
8 propulsion engine.
9     (b) "CARB" means the California Air Resources Board.
10     (c) "Certified engine configuration" means a new, rebuilt,
11 or remanufactured engine configuration:
12         (1) that has been certified or verified by USEPA or
13     CARB;
14         (2) that meets or exceeds certain engine emissions
15     standards, as determined by IEPA; and
16         (3) in the case of a certified engine configuration
17     involving the replacement of an existing engine or vehicle,
18     an engine configuration that replaced an engine that was
19     removed from the vehicle and returned to the supplier for
20     remanufacturing to a more stringent set of engine emissions
21     standards or for scrappage.
22     (d) "Closed Crankcase Ventilation System" or "CCV" means
23 equipment that completely closes the crankcase of a diesel
24 engine to the atmosphere and routes the crankcase vapor to the
25 engine intake air system or the exhaust system.

 

 

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1     (f) "DOT" means the Department of Transportation.
2     (g) "Fleet" means one or more diesel vehicles or mobile or
3 stationary diesel engines owned or operated by the same person
4 or group of related persons.
5     (h) "Heavy duty diesel vehicle" means a motor vehicle with
6 a gross vehicle weight rating of at least 14,000 pounds that is
7 powered by a diesel engine.
8     (i) "IEPA" means the Illinois Environmental Protection
9 Agency.
10     (j) "Incremental cost" means the cost of an applicant's
11 emission reduction measure actions, less the baseline cost that
12 would otherwise be incurred by the applicant in the normal
13 course of business. Incremental costs may include added lease
14 or fuel costs as well as capital costs.
15     (k) "Level 3 Control" means a Verified Diesel Emission
16 Control Device that achieves a particulate matter (PM) emission
17 reduction of 85% or more from uncontrolled engine emission
18 levels, or that reduces emissions to less than or equal to 0.01
19 grams of PM per brake horsepower-hour. Level 3 Control includes
20 repowering or replacing the existing diesel engine with an
21 engine meeting USEPA's 2007 Heavy-duty Highway Diesel
22 Standards, or in the case of a nonroad engine, an engine
23 meeting the USEPA's Tier 4 Nonroad Diesel Standards; Level 3
24 Control also includes new diesel engines meeting the emissions
25 standards.
26     (l) "Medium duty diesel vehicle" means a motor vehicle with

 

 

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1 a gross vehicle weight rating of at least 8,500 pounds and less
2 than 14,000 pounds that is powered by a diesel engine.
3     (m) "Motor vehicle" means any self-propelled vehicle
4 designed for transporting persons or property on a street or
5 highway, including an on-road diesel vehicle.
6     (n) "Nonroad engine" means an internal combustion engine
7 (including the fuel system) that is not used in a motor vehicle
8 or a vehicle used solely for competition, or that is not a
9 stationary source, except that this term shall apply to
10 internal combustion engines used to power generators,
11 compressors, or similar equipment used in any construction
12 program or project.
13     (o) "Nonroad vehicle" means a vehicle or piece of equipment
14 that is powered by a nonroad engine, 50 horsepower and greater,
15 and that is not a motor vehicle or a vehicle used solely for
16 competition, which shall include, but not be limited to,
17 excavators, backhoes, cranes, compressors, generators,
18 bulldozers, and similar equipment; unless otherwise indicated,
19 nonroad vehicles do not include locomotives or marine vessels.
20     (p) "Person" means any natural person, co-partnership,
21 firm, company, association, joint stock association,
22 corporation, or other like organization or entity.
23     (q) "PM" means particulate matter, a criteria pollutant
24 listed under Section 7408 of the federal Clean Air Act.
25     (r) "Public agency" means a state, city, county,
26 administration, department, division, bureau, board,

 

 

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1 commission, corporation, institution, or agency of government,
2 the expenses of which are paid in whole or in part from the
3 public treasury.
4     (s) "Retrofit" means to equip a diesel motor vehicle or
5 nonroad vehicle with new particulate emissions-reducing parts
6 or technology verified by USEPA or CARB after manufacture of
7 the original engine.
8     (t) "Ultra low sulfur diesel fuel" means diesel fuel that
9 has a sulfur content of no more than 15 parts per million.
10     (u) "USEPA" means the United States Environmental
11 Protection Agency.
12     (x) "Verified diesel emission control device" means:
13         (1) an emission control device or strategy that has
14     been verified to achieve a specified diesel PM reduction by
15     USEPA or CARB; or
16         (2) replacement or repowering with an engine that is
17     certified to specific PM emissions performance by USEPA or
18     CARB.
19     (y) "Verified technology" means a verified diesel emission
20 control device, an advanced truckstop electrification system,
21 or an auxiliary power unit.
 
22     Section 15. Mechanics of the Diesel Emissions Reduction
23 Funding Program.
24     (a) The Diesel Emissions Reduction Fund (the "Fund") is
25 hereby established as a special fund in the State treasury.

 

 

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1         (1) The Fund shall be administered by IEPA for the
2     benefit of the Diesel Emissions Reduction Funding Program
3     established under this Section.
4         (2) Interest earned on the Fund shall be credited to
5     the Fund.
6         (3) The Fund consists of: the funds, contributions,
7     fees, and surcharges under subsections (a)(5), (a)(6),
8     (c)(4)(D), and (d)(10) of this Section.
9         (4) Moneys in the Fund shall be used only to implement
10     the Funding Program, provided that a maximum total of 2% of
11     the money in the Fund may be used for Fund administrative
12     costs incurred by both the IEPA and the Department of
13     Revenue. Moneys allocated to an eligible diesel emission
14     reduction measure but not expended in any fiscal year shall
15     be carried over to succeeding fiscal years.
16         (5) A surcharge is hereby imposed on the retail sale,
17     lease, or rental of diesel nonroad vehicles in an amount
18     equal to 1% of the sales price or the lease or rental
19     amount. Such a surcharge shall not apply when a public
20     agency is the customer in the sale, lease or rental of a
21     nonroad diesel vehicle. The Department of Revenue shall,
22     within one year after enactment of this Act, adopt any
23     procedures needed for the collection, administration, and
24     enforcement of the surcharge authorized by this
25     subsection, and shall deposit all surcharges to the credit
26     of the Fund.

 

 

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1         (6) A surcharge is hereby imposed on every retail sale
2     or lease of every heavy duty diesel vehicle that is of a
3     model year 2006 or earlier that is not equipped with Level
4     3 Controls and that is sold or leased in this State. The
5     amount of the surcharge is 1% of the total consideration.
6     Such a surcharge shall not apply when a public agency is
7     the customer in the sale, lease or rental of a heavy duty
8     diesel vehicle. The Department of Revenue shall, within one
9     year after the enactment of this Act, adopt any procedures
10     needed for the collection, administration, and enforcement
11     of the surcharge authorized by this subsection, and shall
12     deposit all surcharges to the credit of the Fund.
13     (b) Establishment and Administration of the Funding
14 Program. Within one year after the effective date of this
15 Funding Program, IEPA, in consultation with the Department of
16 Revenue and after notice and public comment, shall promulgate
17 rules to establish and implement the Diesel Emissions Reduction
18 Funding Program in accordance with this Act.
19         (1) The Funding Program shall consist of either the
20     Grant Program or the Rebate Program established pursuant to
21     this Act, or both programs, as determined by IEPA in its
22     sole discretion.
23         (2) If IEPA elects to disburse Funding Program funds
24     pursuant to the Grant Program, IEPA shall establish and
25     administer that program and shall provide grants and
26     low-cost revolving loans from the Fund, on a competitive

 

 

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1     basis, to eligible measures to achieve significant
2     reductions of diesel particulate emissions in accordance
3     with the provisions of subsection (c).
4         (3) If IEPA elects to disburse Funding Program funds
5     pursuant to the Rebate Program, IEPA shall establish and
6     administer that program and shall provide rebates from the
7     Fund in accordance with subsection (d).
8         (4) In administering the Funding Program and in
9     accordance with the requirements of this program, IEPA
10     shall:
11             (A) manage Funding Program funds and oversee the
12         Funding Program;
13             (B) produce guidelines, protocols, and criteria
14         for eligible emission reduction measures;
15             (C) develop methodologies for evaluating emission
16         reduction measure benefits and cost-effectiveness;
17             (D) develop procedures for monitoring whether the
18         emissions reductions projected for grants awarded for
19         emission reduction measures under this Act are
20         actually achieved;
21             (E) prepare reports regarding the progress and
22         effectiveness of the Funding Program; and
23             (F) take all appropriate and necessary actions so
24         that emissions reductions achieved through the Funding
25         Program may be credited by USEPA to the appropriate
26         emissions reduction objectives in the State

 

 

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1         implementation plan.
2     (c) Grant Program. Any Grant Program established by IEPA
3 pursuant to subsection (b)(1) shall be implemented in
4 accordance with the following provisions:
5         (1) IEPA shall annually allocate at its discretion some
6     or all of the moneys available in the Fund to the Grant
7     Program. Grant Program funds not expended in a given year
8     shall be transferred to the Grant Program or any Rebate
9     Program established under subsection (d) for the following
10     year at IEPA's discretion.
11         (2) Fund Distribution. Subject to the provisions of
12     subsection (a)(4), IEPA shall distribute funds available
13     for each fiscal year for eligible emission reduction
14     measures under the Grant Program.
15         (3) Applications.
16             (A) To receive a grant or loan under the Grant
17         Program, the applicant shall submit to IEPA an
18         application including such information IEPA may
19         require.
20             (B) An application under this subsection shall
21         include:
22                 (i) a description of the air quality of the
23             area in which the emission reduction measure
24             fleets will operate;
25                 (ii) a description of the emission reduction
26             measure proposed by the applicant, including:

 

 

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1                     (I) any certified engine configuration or
2                 verified technology proposed to be used or
3                 funded in the emission reduction measure; and
4                      (II) the means by which the emission
5                 reduction measure will achieve a significant
6                 reduction in diesel emissions;
7                 (iii) an evaluation (using methodology
8             approved by IEPA) of the quantifiable and
9             unquantifiable benefits of the emissions
10             reductions of the proposed emission reduction
11             measure;
12                 (iv) an estimate of the cost of the proposed
13             emission reduction measure;
14                 (v) a description of the age and expected
15             lifetime control of the equipment to be used or
16             funded in the proposed emission reduction measure;
17                 (vi) a description of the diesel fuel
18             available in the areas to be served by the proposed
19             emission reduction measure, including the sulfur
20             content of the fuel;
21                 (vii) provisions for the monitoring and
22             verification of the emission reduction measure;
23             and
24                 (viii) such other information as may be
25             required by IEPA.
26         (4) Eligibility.

 

 

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1             (A) A proposed emission reduction measure must
2         meet the requirements of this Act to be eligible for a
3         grant or loan under the Grant Program.
4             (B) IEPA may consider for funding the following
5         types of emission reduction measures:
6                 (i) installation of a retrofit technology
7             (including any incremental costs of a repowered or
8             new diesel engine) that significantly reduces
9             particulate emissions through development and
10             implementation of a certified engine configuration
11             or a verified diesel emission control device for a
12             medium-duty or heavy-duty diesel motor vehicle, a
13             diesel nonroad vehicle, a commercial marine engine
14             or a locomotive;
15                 (ii) installation of a CCV on any vehicle or
16             equipment described in subsection (B)(i); and
17                 (iii) programs or emission reduction measures
18             to reduce long-duration idling using verified
19             technology involving a vehicle described in
20             subsection (B)(i); provided that truckstop
21             electrification facilities shall be eligible for
22             low-cost revolving loans but not eligible for
23             grants.
24             (C) In providing a grant or loan under the Grant
25         Program, IEPA shall give priority to otherwise
26         eligible emission reduction measures that, as

 

 

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1         determined by IEPA:
2                 (i) maximize public health benefits;
3                 (ii) are cost-effective;
4                 (iii) serve areas:
5                     (I) with the highest population density;
6                     (II) that are poor air quality areas,
7                 including areas identified by IEPA as:
8                         (a) in nonattainment or maintenance of
9                     national ambient air quality standards for
10                     a criteria pollutant;
11                         (b) areas with toxic air pollutant
12                     concerns;
13                     (III) that receive a disproportionate
14                 quantity of air pollution from a diesel fleets,
15                 including truckstops, ports, rail yards,
16                 terminals, and distribution centers; or
17                 (iv) include a certified engine configuration
18             or verified technology that has a long expected
19             useful life;
20                 (v) will maximize the useful life of any
21             certified engine configuration or verified
22             technology used or funded by the project;
23                 (vi) conserve diesel fuel; and
24                 (vii) use ultra low sulfur diesel fuel.
25             (D) For a proposed emission reduction measure to
26         qualify for the Funding Program, other than a project

 

 

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1         involving a marine vessel or engine, not less than 75%
2         of vehicle miles traveled or hours of operation
3         projected for the 5 years immediately following the
4         award of a grant must be projected to take place in
5         this State. For a proposed emission reduction measure
6         involving a marine vessel or engine, the vessel or
7         engine must be operated in the waterways adjacent to or
8         within Illinois for a sufficient amount of time over
9         the lifetime of the measure, as determined by IEPA, to
10         meet the cost-effectiveness requirements of subsection
11         (c)(5). The owner of any vehicle receiving funding for
12         an emission reduction measure that fails after the
13         award of the grant to meet the geographical
14         requirements of this subsection shall pay a civil
15         penalty to IEPA equal to a portion of the grant funds
16         as IEPA shall require pursuant to prior regulations.
17         The proceeds of all such penalties shall be deposited
18         into the Fund.
19             (E) Each proposed emission reduction measure must
20         meet the cost-effectiveness requirements of subsection
21         (c)(5).
22             (F) A proposed emission reduction measure based on
23         the use of a certified engine configuration or verified
24         technology must document, in a manner acceptable to
25         IEPA, a reduction in particulate emissions of at least
26         50% (compared with the baseline emissions adopted by

 

 

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1         IEPA for the relevant engine year and application to
2         the extent not provided pursuant of the relevant CARB
3         or USEPA verification process). Three years after the
4         enactment of this Act, after study of available
5         emissions reduction technologies, and after public
6         notice and comment, IEPA may increase the minimum
7         percentage reduction in particulate emissions required
8         by this subsection to improve the ability of the
9         Funding Program to achieve its goals.
10         (5) Cost-effectiveness
11             (A) For purposes of this Act, "cost-effectiveness"
12         means the total dollar amount divided by the total
13         number of tons of particulate matter reduction
14         attributable to that expenditure. In calculating
15         cost-effectiveness, one-time grants of money at the
16         beginning of a project shall be annualized using a time
17         value of public funds or discount rate determined for
18         each project by IEPA, taking into account the interest
19         rate on bonds, interest earned by State funds, and
20         other factors IEPA considers appropriate.
21             (B) IEPA shall establish reasonable methodologies
22         for evaluating emission reduction measure
23         cost-effectiveness consistent with subsection (5)(A).
24             (C) Except as provided by subsection (5)(F), and
25         except for installation of CCVs under subsection
26         (4)(B)(ii), IEPA may not award a grant for a proposed

 

 

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1         emission reduction measure under the Grant Program the
2         cost-effectiveness of which, calculated in accordance
3         with subsections (5)(A) and (B) and criteria developed
4         thereunder, exceeds $135,000 per ton of PM emissions.
5         This subsection does not restrict IEPA authority under
6         other law to require emissions reductions with a
7         cost-effectiveness that exceeds $135,000 per ton.
8             (D) IEPA may not award a grant that provides an
9         amount that exceeds the incremental cost of the
10         proposed emission reduction measure.
11             (E) In determining the amount of a grant under this
12         Act, IEPA shall reduce the incremental cost of a
13         proposed new purchase, retrofit, repower, or add-on
14         equipment emission reduction measure by the value of
15         any existing financial incentive that directly reduces
16         the cost of the proposed measure, including tax credits
17         or deductions, other grants, loans, rebates, or any
18         other public financial assistance.
19             (F) Adjustment of cost-effectiveness. Based upon a
20         study of available emissions reduction technologies
21         and costs and after public notice and comment, IEPA may
22         change the values of the maximum grant award criteria
23         established in subsection (5)(C) to account for
24         inflation or to improve the ability of the Grant
25         Program to achieve its goals.
26     (d) Rebate Program. Any Rebate Program established by IEPA

 

 

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1 pursuant to subsection (b)(1) shall be implemented in
2 accordance with the following provisions:
3         (1) IEPA shall annually allocate at its discretion some
4     or all of the moneys available in the Fund to the Rebate
5     Program. Rebate Program funds not expended in a given year
6     shall be transferred to the Rebate Program or any Grant
7     Program established under subsection (c) for the following
8     year at IEPA's discretion.
9         (2) A retrofit vendor or owner of an eligible vehicle
10     who meets the requirements of this subsection shall be
11     eligible to receive a rebate under the Rebate Program; for
12     purposes of this subsection, "eligible vehicle" shall mean
13     a vehicle that meets the requirements of this subsection
14     and that is described in subsection (c)(4)(B)(i).
15         (3) Moneys from the Fund will be provided in the rebate
16     amount to defray the cost of purchase and installation of
17     retrofitting an eligible vehicle with a Level 3 Control in
18     combination with a CCV.
19         (4) Within 180 days after effective date of this Act,
20     IEPA shall establish the initial rebate amount for
21     retrofits of various types of eligible vehicles. IEPA shall
22     review the appropriateness of the amount no less frequently
23     than annually and may change the rebate amount to improve
24     the ability of the Rebate Program to achieve its goals.
25         (5) In order to receive a rebate, an eligible vehicle
26     owner or retrofit vendor shall:

 

 

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1             (A) submit to IEPA a completed rebate reservation
2         form including such information IEPA may require with
3         respect to each rebate sought;
4             (B) within 120 days of submission of a rebate
5         reservation form, the owner or vendor shall complete
6         the retrofit pertaining to the rebate reservation
7         form, and shall submit a completed IEPA reimbursement
8         request form including certification of retrofit
9         completion and compliance with all requirements of
10         this subsection and containing such other information
11         and such other conditions as IEPA may require.
12         (6) Rebates shall be provided on a first come, first
13     served basis, with priority established based upon the date
14     of IEPA receipt of a completed reservation form pursuant to
15     subsection (5)(A); provided that, if the retrofits are not
16     completed and the reimbursement request form is not
17     submitted to IEPA within the 120 day period as required by
18     subsection (5)(B), then IEPA may reduce the amount of the
19     rebate or take such other action as it has established by
20     regulations promulgated pursuant to this Funding Program.
21         (7) To the extent of available funds allocated to the
22     Rebate Program, IEPA shall pay the owner or vendor the
23     rebate within 60 days of receipt of a timely, complete, and
24     accurate reimbursement form.
25         (8) Owners of eligible vehicles for which rebates are
26     paid must:

 

 

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1             (A) meet the requirements of subsection (c)(4)(D);
2             (B) fuel the vehicle with ultra low sulfur diesel
3         fuel; and
4             (C) maintain the vehicle and Level 3 Controls
5         according to manufacturer specifications.
6         (9) The retrofit vendor to eligible vehicles for which
7     rebates are provided must honor all warranty provisions
8     according to their verification.
9         (10) Persons receiving rebates who fail to meet all
10     requirements of this subsection shall pay a civil penalty
11     to IEPA in the full amount of the rebates, plus interest at
12     a reasonable rate established by IEPA. The proceeds of all
13     such penalties shall be deposited in the Fund.
14     (e)Emission Reduction Credits.
15         (1) An emission reduction measure funded under the
16     Funding Program established under this Section may not be
17     used for credit under any State or federal emissions
18     reduction credit averaging, banking, or trading program.
19         (2) An emissions reduction generated by an emission
20     reduction measure funded under the Funding Program
21     established under this Section:
22             (A) may not be used as a marketable emissions
23         reduction credit or to offset any emissions reduction
24         obligation; but
25             (B) may be used to demonstrate conformity with the
26         State implementation plan.

 

 

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1         (3) An emission reduction measure involving a new
2     measure that would otherwise generate marketable credits
3     under State or federal emissions reduction credit
4     averaging, banking, or trading programs is not eligible for
5     funding under the Funding Program established under this
6     Section unless:
7             (A) the measure includes the transfer of the
8         reductions that would otherwise be marketable credits
9         to the State implementation plan; and
10             (B) the reductions are permanently retired.
11     (f)Funding Program Reports.
12         (1) Not later than December 1, 2009, and not later than
13     December 1 of every second year thereafter, IEPA shall
14     publish and submit to the legislature a report of the
15     implementation of the provisions of this Funding Program.
16     IEPA shall provide notice and an opportunity for public
17     comment and public hearing on each draft biennial report
18     and, in producing a final biennial report, shall consider
19     and respond to all significant comments received; the
20     report shall be publicly available, and IEPA shall post it
21     on its website.
22         (2) The report must:
23             (A) include a review of each pollution-reduction
24         measure funded under any Grant Program, the amount
25         granted for the emission reduction measure, the
26         emissions reductions attributable to the emission

 

 

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1         reduction measure, and the cost-effectiveness of the
2         emission reduction measure; IEPA shall also conduct an
3         annual review of any Rebate Program, including the
4         total rebates paid, the total retrofits installed and
5         the aggregate emission reductions attributable to
6         those retrofits;
7             (B) include a summary of IEPA's Funding Program
8         implementation activities under this Section;
9             (C) account for money received, money disbursed as
10         grants, money reserved for grants based on project
11         approvals, money disbursed as rebates, any recommended
12         transfer of money between allocations, and must
13         estimate future demand for grant and rebate funds under
14         the Funding Program;
15             (D) describe the overall effectiveness of the
16         Funding Program in delivering particulate emissions
17         reductions and other emission reductions as
18         co-benefits;
19             (E) evaluate the effectiveness of the Funding
20         Program in soliciting and evaluating project
21         applications, providing awards in a timely manner, and
22         monitoring project implementation;
23             (F) describe adjustments made to project selection
24         criteria and recommend any further needed changes or
25         adjustments to the grant programs, including changes
26         in grant award criteria, administrative procedures, or

 

 

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1         statutory provisions that would enhance the Funding
2         Program's effectiveness and efficiency;
3             (G) describe any adjustments made to the maximum
4         cost-effectiveness amount and award amount;
5             (H) evaluate the benefits of addressing additional
6         pollutants as part of the Funding Program; and
7             (I) include legislative recommendations necessary
8         to improve the effectiveness of the Funding Program.
 
9     Section 20. Miscellaneous.
10     (a) Equitable Relief Authorized. In addition to other
11 remedies provided in this Funding Program, IEPA may seek
12 injunctive relief in any court of competent jurisdiction to
13 enforce any provision of this Funding Program.
14     (b) Severability. If any clause, sentence, paragraph,
15 section or provision of this Funding Program shall be adjudged
16 by any court of competent jurisdiction to be invalid, such
17 judgment shall not affect, impair, or invalidate the remainder
18 of this Funding Program, but shall be confined in its operation
19 to the clause, sentence, paragraph, section, or provision of
20 this Funding Program directly involved in the controversy in
21 which the judgment was rendered.
 
22     Section 95. The State Finance Act is amended by adding
23 Section 5.708 as follows:
 

 

 

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1     (30 ILCS 105/5.708 new)
2     Sec. 5.708. The Diesel Emissions Reduction Fund.
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.