Full Text of SB2083 95th General Assembly
SB2083ham001 95TH GENERAL ASSEMBLY
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Environmental Health Committee
Adopted in House Comm. on May 20, 2008
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| AMENDMENT TO SENATE BILL 2083
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| AMENDMENT NO. ______. Amend Senate Bill 2083 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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, |
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| atherosclerosis, stroke, asthma attacks, permanent respiratory | 2 |
| damage, and retardation of lung growth in children. | 3 |
| (b) The health impacts from diesel emissions particularly | 4 |
| affect children, the elderly, and people with weakened immune | 5 |
| systems. | 6 |
| (c) Particularly high concentrations of diesel emissions | 7 |
| often occur in heavily traveled transportation corridors, | 8 |
| intermodal yards, bus depots, and construction sites; these | 9 |
| diesel "hot spots" often are found in densely populated urban | 10 |
| areas, disproportionately impacting ethnic minorities and | 11 |
| people of lower economic status. | 12 |
| (d) Diesel engine crankcases also are a source of emissions | 13 |
| that can seep into the cabin and expose vehicle drivers and | 14 |
| passengers to harmful diesel emissions. | 15 |
| (e) Diesel exhaust also contains black carbon emissions, | 16 |
| which contribute to global climate change. | 17 |
| (f) Reduction of diesel emissions can help address these | 18 |
| human health and climate problems. | 19 |
| (g) The United States Environmental Protection Agency has | 20 |
| enacted requirements over the past few years requiring the | 21 |
| substantial reduction of emissions from new diesel engines in | 22 |
| both heavy-duty highway vehicles and land-based nonroad | 23 |
| equipment. However, these regulations do not apply to any of | 24 |
| the over 11,000,000 existing diesel engines in the United | 25 |
| States, most of which emit substantially more pollution and | 26 |
| often remain in service for 10 to 30 years depending on the |
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| type of engine and equipment. | 2 |
| (h) Practical, cost-effective measures to substantially | 3 |
| reduce diesel particulate emissions are available today, and | 4 |
| can be applied to many existing diesel engines. The same | 5 |
| technology that limits diesel pollution from new diesel engines | 6 |
| can be retrofitted onto existing engines or applied in new | 7 |
| replacement engines to reduce diesel emissions by 85% or more. | 8 |
| (i) Therefore, the purpose of this Funding Program is to | 9 |
| help minimize the public health risks from exposure to diesel | 10 |
| particulate emissions as expeditiously as practical. | 11 |
| Section 10. Definitions.
For purposes of this Act: | 12 |
| (a) "Auxiliary power unit" means a portable, | 13 |
| vehicle-mounted system that provides climate control and power | 14 |
| for a diesel vehicle interior cabin without using the | 15 |
| propulsion engine. | 16 |
| (b) "CARB" means the California Air Resources Board. | 17 |
| (c) "Certified engine configuration" means a new, rebuilt, | 18 |
| or remanufactured engine configuration: | 19 |
| (1) that has been certified or verified by USEPA or | 20 |
| CARB; | 21 |
| (2) that meets or exceeds certain engine emissions | 22 |
| standards, as determined by IEPA; and | 23 |
| (3) in the case of a certified engine configuration | 24 |
| involving the replacement of an existing engine or vehicle, | 25 |
| an engine configuration that replaced an engine that was |
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| removed from the vehicle and returned to the supplier for | 2 |
| remanufacturing to a more stringent set of engine emissions | 3 |
| standards or for scrappage. | 4 |
| (d) "Closed Crankcase Ventilation System" or "CCV" means | 5 |
| equipment that completely closes the crankcase of a diesel | 6 |
| engine to the atmosphere and routes the crankcase vapor to the | 7 |
| engine intake air system or the exhaust system. | 8 |
| (f) "DOT" means the Department of Transportation. | 9 |
| (g) "Fleet" means one or more diesel vehicles or mobile or | 10 |
| stationary diesel engines owned or operated by the same person | 11 |
| or group of related persons. | 12 |
| (h) "Heavy duty diesel vehicle" means a motor vehicle with | 13 |
| a gross vehicle weight rating of at least 14,000 pounds that is | 14 |
| powered by a diesel engine. | 15 |
| (i) "IEPA" means the Illinois Environmental Protection | 16 |
| Agency. | 17 |
| (j) "Incremental cost" means the cost of an applicant's | 18 |
| emission reduction measure actions, less the baseline cost that | 19 |
| would otherwise be incurred by the applicant in the normal | 20 |
| course of business. Incremental costs may include added lease | 21 |
| or fuel costs as well as capital costs. | 22 |
| (k) "Level 3 Control" means a Verified Diesel Emission | 23 |
| Control Device that achieves a particulate matter (PM) emission | 24 |
| reduction of 85% or more from uncontrolled engine emission | 25 |
| levels, or that reduces emissions to less than or equal to 0.01 | 26 |
| grams of PM per brake horsepower-hour. Level 3 Control includes |
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| repowering or replacing the existing diesel engine with an | 2 |
| engine meeting USEPA's 2007 Heavy-duty Highway Diesel | 3 |
| Standards, or in the case of a nonroad engine, an engine | 4 |
| meeting the USEPA's Tier 4 Nonroad Diesel Standards; Level 3 | 5 |
| Control also includes new diesel engines meeting the emissions | 6 |
| standards. | 7 |
| (l) "Medium duty diesel vehicle" means a motor vehicle with | 8 |
| a gross vehicle weight rating of at least 8,500 pounds and less | 9 |
| than 14,000 pounds that is powered by a diesel engine. | 10 |
| (m) "Motor vehicle" means any self-propelled vehicle | 11 |
| designed for transporting persons or property on a street or | 12 |
| highway, including an on-road diesel vehicle. | 13 |
| (n) "Nonroad engine" means an internal combustion engine | 14 |
| (including the fuel system) that is not used in a motor vehicle | 15 |
| or a vehicle used solely for competition, or that is not a | 16 |
| stationary source, except that this term shall apply to | 17 |
| internal combustion engines used to power generators, | 18 |
| compressors, or similar equipment used in any construction | 19 |
| program or project. | 20 |
| (o) "Nonroad vehicle" means a vehicle or piece of equipment | 21 |
| that is powered by a nonroad engine, 50 horsepower and greater, | 22 |
| and that is not a motor vehicle or a vehicle used solely for | 23 |
| competition, which shall include, but not be limited to, | 24 |
| excavators, backhoes, cranes, compressors, generators, | 25 |
| bulldozers, and similar equipment; unless otherwise indicated, | 26 |
| nonroad vehicles do not include locomotives or marine vessels. |
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| (p) "Person" means any natural person, co-partnership, | 2 |
| firm, company, association, joint stock association, | 3 |
| corporation, or other like organization or entity. | 4 |
| (q) "PM" means particulate matter, a criteria pollutant | 5 |
| listed under Section 7408 of the federal Clean Air Act. | 6 |
| (r) "Public agency" means a state, city, county, | 7 |
| administration, department, division, bureau, board, | 8 |
| commission, corporation, institution, or agency of government, | 9 |
| the expenses of which are paid in whole or in part from the | 10 |
| public treasury. | 11 |
| (s) "Retrofit" means to equip a diesel motor vehicle or | 12 |
| nonroad vehicle with new particulate emissions-reducing parts | 13 |
| or technology verified by USEPA or CARB after manufacture of | 14 |
| the original engine. | 15 |
| (t) "Ultra low sulfur diesel fuel" means diesel fuel that | 16 |
| has a sulfur content of no more than 15 parts per million. | 17 |
| (u) "USEPA" means the United States Environmental | 18 |
| Protection Agency. | 19 |
| (x) "Verified diesel emission control device" means: | 20 |
| (1) an emission control device or strategy that has | 21 |
| been verified to achieve a specified diesel PM reduction by | 22 |
| USEPA or CARB; or | 23 |
| (2) replacement or repowering with an engine that is | 24 |
| certified to specific PM emissions performance by USEPA or | 25 |
| CARB. | 26 |
| (y) "Verified technology" means a verified diesel emission |
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| control device, an advanced truckstop electrification system, | 2 |
| or an auxiliary power unit.
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| Section 15. Mechanics of the Diesel Emissions Reduction | 4 |
| Funding Program.
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| (a) The Diesel Emissions Reduction Fund (the "Fund") is | 6 |
| hereby established as a special fund in the State treasury. | 7 |
| (1) The Fund shall be administered by IEPA for the | 8 |
| benefit of the Diesel Emissions Reduction Funding Program | 9 |
| established under this Section. | 10 |
| (2) Interest earned on the Fund shall be credited to | 11 |
| the Fund. | 12 |
| (3) Moneys in the Fund shall be used only to implement | 13 |
| the Funding Program, provided that a maximum total of 2% of | 14 |
| the money in the Fund may be used for Fund administrative | 15 |
| costs incurred by both the IEPA and the Department of | 16 |
| Revenue. Moneys allocated to an eligible diesel emission | 17 |
| reduction measure but not expended in any fiscal year shall | 18 |
| be carried over to succeeding fiscal years. | 19 |
| (b) Establishment and Administration of the Funding | 20 |
| Program. Within one year after the effective date of this | 21 |
| Funding Program, IEPA, in consultation with the Department of | 22 |
| Revenue and after notice and public comment, shall promulgate | 23 |
| rules to establish and implement the Diesel Emissions Reduction | 24 |
| Funding Program in accordance with this Act. | 25 |
| (1) The Funding Program shall consist of either the |
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| Grant Program or the Rebate Program established pursuant to | 2 |
| this Act, or both programs, as determined by IEPA in its | 3 |
| sole discretion. | 4 |
| (2) If IEPA elects to disburse Funding Program funds | 5 |
| pursuant to the Grant Program, IEPA shall establish and | 6 |
| administer that program and shall provide grants and | 7 |
| low-cost revolving loans from the Fund, on a competitive | 8 |
| basis, to eligible measures to achieve significant | 9 |
| reductions of diesel particulate emissions in accordance | 10 |
| with the provisions of subsection (c). | 11 |
| (3) If IEPA elects to disburse Funding Program funds | 12 |
| pursuant to the Rebate Program, IEPA shall establish and | 13 |
| administer that program and shall provide rebates from the | 14 |
| Fund in accordance with subsection (d). | 15 |
| (4) In administering the Funding Program and in | 16 |
| accordance with the requirements of this program, IEPA | 17 |
| shall: | 18 |
| (A) manage Funding Program funds and oversee the | 19 |
| Funding Program; | 20 |
| (B) produce guidelines, protocols, and criteria | 21 |
| for eligible emission reduction measures; | 22 |
| (C) develop methodologies for evaluating emission | 23 |
| reduction measure benefits and cost-effectiveness; | 24 |
| (D) develop procedures for monitoring whether the | 25 |
| emissions reductions projected for grants awarded for | 26 |
| emission reduction measures under this Act are |
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| actually achieved; | 2 |
| (E) prepare reports regarding the progress and | 3 |
| effectiveness of the Funding Program; and | 4 |
| (F) take all appropriate and necessary actions so | 5 |
| that emissions reductions achieved through the Funding | 6 |
| Program may be credited by USEPA to the appropriate | 7 |
| emissions reduction objectives in the State | 8 |
| implementation plan. | 9 |
| (c) Grant Program. Any Grant Program established by IEPA | 10 |
| pursuant to subsection (b)(1) shall be implemented in | 11 |
| accordance with the following provisions: | 12 |
| (1) IEPA shall annually allocate at its discretion some | 13 |
| or all of the moneys available in the Fund to the Grant | 14 |
| Program. Grant Program funds not expended in a given year | 15 |
| shall be transferred to the Grant Program or any Rebate | 16 |
| Program established under subsection (d) for the following | 17 |
| year at IEPA's discretion. | 18 |
| (2) Fund Distribution. Subject to the provisions of | 19 |
| subsection (a)(4), IEPA shall distribute funds available | 20 |
| for each fiscal year for eligible emission reduction | 21 |
| measures under the Grant Program. | 22 |
| (3) Applications. | 23 |
| (A) To receive a grant or loan under the Grant | 24 |
| Program, the applicant shall submit to IEPA an | 25 |
| application including such information IEPA may | 26 |
| require. |
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| (B) An application under this subsection shall | 2 |
| include: | 3 |
| (i) a description of the air quality of the | 4 |
| area in which the emission reduction measure | 5 |
| fleets will operate; | 6 |
| (ii) a description of the emission reduction | 7 |
| measure proposed by the applicant, including: | 8 |
| (I) any certified engine configuration or | 9 |
| verified technology proposed to be used or | 10 |
| funded in the emission reduction measure; and | 11 |
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(II) the means by which the emission | 12 |
| reduction measure will achieve a significant | 13 |
| reduction in diesel emissions; | 14 |
| (iii) an evaluation (using methodology | 15 |
| approved by IEPA) of the quantifiable and | 16 |
| unquantifiable benefits of the emissions | 17 |
| reductions of the proposed emission reduction | 18 |
| measure; | 19 |
| (iv) an estimate of the cost of the proposed | 20 |
| emission reduction measure; | 21 |
| (v) a description of the age and expected | 22 |
| lifetime control of the equipment to be used or | 23 |
| funded in the proposed emission reduction measure; | 24 |
| (vi) a description of the diesel fuel | 25 |
| available in the areas to be served by the proposed | 26 |
| emission reduction measure, including the sulfur |
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| content of the fuel; | 2 |
| (vii) provisions for the monitoring and | 3 |
| verification of the emission reduction measure; | 4 |
| and | 5 |
| (viii) such other information as may be | 6 |
| required by IEPA. | 7 |
| (4) Eligibility. | 8 |
| (A) A proposed emission reduction measure must | 9 |
| meet the requirements of this Act to be eligible for a | 10 |
| grant or loan under the Grant Program. | 11 |
| (B) IEPA may consider for funding the following | 12 |
| types of emission reduction measures: | 13 |
| (i) installation of a retrofit technology | 14 |
| (including any incremental costs of a repowered or | 15 |
| new diesel engine) that significantly reduces | 16 |
| particulate emissions through development and | 17 |
| implementation of a certified engine configuration | 18 |
| or a verified diesel emission control device for a | 19 |
| medium-duty or heavy-duty diesel motor vehicle, a | 20 |
| diesel nonroad vehicle, a commercial marine engine | 21 |
| or a locomotive; | 22 |
| (ii) installation of a CCV on any vehicle or | 23 |
| equipment described in subsection (B)(i); and | 24 |
| (iii) programs or emission reduction measures | 25 |
| to reduce long-duration idling using verified | 26 |
| technology involving a vehicle described in |
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| subsection (B)(i); provided that truckstop | 2 |
| electrification facilities shall be eligible for | 3 |
| low-cost revolving loans but not eligible for | 4 |
| grants. | 5 |
| (C) In providing a grant or loan under the Grant | 6 |
| Program, IEPA shall give priority to otherwise | 7 |
| eligible emission reduction measures that, as | 8 |
| determined by IEPA: | 9 |
| (i) maximize public health benefits; | 10 |
| (ii) are cost-effective; | 11 |
| (iii) serve areas: | 12 |
| (I) with the highest population density; | 13 |
| (II) that are poor air quality areas, | 14 |
| including areas identified by IEPA as: | 15 |
| (a) in nonattainment or maintenance of | 16 |
| national ambient air quality standards for | 17 |
| a criteria pollutant; | 18 |
| (b) areas with toxic air pollutant | 19 |
| concerns; | 20 |
| (III) that receive a disproportionate | 21 |
| quantity of air pollution from a diesel fleets, | 22 |
| including truckstops, ports, rail yards, | 23 |
| terminals, and distribution centers; or | 24 |
| (iv) include a certified engine configuration | 25 |
| or verified technology that has a long expected | 26 |
| useful life; |
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| (v) will maximize the useful life of any | 2 |
| certified engine configuration or verified | 3 |
| technology used or funded by the project; | 4 |
| (vi) conserve diesel fuel; and
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| (vii) use ultra low sulfur diesel fuel. | 6 |
| (D) For a proposed emission reduction measure to | 7 |
| qualify for the Funding Program, other than a project | 8 |
| involving a marine vessel or engine, not less than 75% | 9 |
| of vehicle miles traveled or hours of operation | 10 |
| projected for the 5 years immediately following the | 11 |
| award of a grant must be projected to take place in | 12 |
| this State. For a proposed emission reduction measure | 13 |
| involving a marine vessel or engine, the vessel or | 14 |
| engine must be operated in the waterways adjacent to or | 15 |
| within Illinois for a sufficient amount of time over | 16 |
| the lifetime of the measure, as determined by IEPA, to | 17 |
| meet the cost-effectiveness requirements of subsection | 18 |
| (c)(5). | 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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| 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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| 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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| 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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| (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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| (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 |
| (e)Emission Reduction Credits. | 10 |
| (1) An emission reduction measure funded under the | 11 |
| Funding Program established under this Section may not be | 12 |
| used for credit under any State or federal emissions | 13 |
| reduction credit averaging, banking, or trading program. | 14 |
| (2) An emissions reduction generated by an emission | 15 |
| reduction measure funded under the Funding Program | 16 |
| established under this Section: | 17 |
| (A) may not be used as a marketable emissions | 18 |
| reduction credit or to offset any emissions reduction | 19 |
| obligation; but | 20 |
| (B) may be used to demonstrate conformity with the | 21 |
| State implementation plan. | 22 |
| (3) An emission reduction measure involving a new | 23 |
| measure that would otherwise generate marketable credits | 24 |
| under State or federal emissions reduction credit | 25 |
| averaging, banking, or trading programs is not eligible for | 26 |
| funding under the Funding Program established under this |
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| Section unless: | 2 |
| (A) the measure includes the transfer of the | 3 |
| reductions that would otherwise be marketable credits | 4 |
| to the State implementation plan; and | 5 |
| (B) the reductions are permanently retired. | 6 |
| (f)Funding Program Reports. | 7 |
| (1) Not later than December 1, 2009, and not later than | 8 |
| December 1 of every second year thereafter, IEPA shall | 9 |
| publish and submit to the legislature a report of the | 10 |
| implementation of the provisions of this Funding Program. | 11 |
| IEPA shall provide notice and an opportunity for public | 12 |
| comment and public hearing on each draft biennial report | 13 |
| and, in producing a final biennial report, shall consider | 14 |
| and respond to all significant comments received; the | 15 |
| report shall be publicly available, and IEPA shall post it | 16 |
| on its website. | 17 |
| (2) The report must: | 18 |
| (A) include a review of each pollution-reduction | 19 |
| measure funded under any Grant Program, the amount | 20 |
| granted for the emission reduction measure, the | 21 |
| emissions reductions attributable to the emission | 22 |
| reduction measure, and the cost-effectiveness of the | 23 |
| emission reduction measure; IEPA shall also conduct an | 24 |
| annual review of any Rebate Program, including the | 25 |
| total rebates paid, the total retrofits installed and | 26 |
| the aggregate emission reductions attributable to |
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| those retrofits; | 2 |
| (B) include a summary of IEPA's Funding Program | 3 |
| implementation activities under this Section; | 4 |
| (C) account for money received, money disbursed as | 5 |
| grants, money reserved for grants based on project | 6 |
| approvals, money disbursed as rebates, any recommended | 7 |
| transfer of money between allocations, and must | 8 |
| estimate future demand for grant and rebate funds under | 9 |
| the Funding Program; | 10 |
| (D) describe the overall effectiveness of the | 11 |
| Funding Program in delivering particulate emissions | 12 |
| reductions and other emission reductions as | 13 |
| co-benefits; | 14 |
| (E) evaluate the effectiveness of the Funding | 15 |
| Program in soliciting and evaluating project | 16 |
| applications, providing awards in a timely manner, and | 17 |
| monitoring project implementation; | 18 |
| (F) describe adjustments made to project selection | 19 |
| criteria and recommend any further needed changes or | 20 |
| adjustments to the grant programs, including changes | 21 |
| in grant award criteria, administrative procedures, or | 22 |
| statutory provisions that would enhance the Funding | 23 |
| Program's effectiveness and efficiency; | 24 |
| (G) describe any adjustments made to the maximum | 25 |
| cost-effectiveness amount and award amount; | 26 |
| (H) evaluate the benefits of addressing additional |
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| pollutants as part of the Funding Program; and
| 2 |
| (I) include legislative recommendations necessary | 3 |
| to improve the effectiveness of the Funding Program.
| 4 |
| Section 20. Miscellaneous.
| 5 |
| (a) Equitable Relief Authorized. In addition to other | 6 |
| remedies provided in this Funding Program, IEPA may seek | 7 |
| injunctive relief in any court of competent jurisdiction to | 8 |
| enforce any provision of this Funding Program. | 9 |
| (b) Severability. If any clause, sentence, paragraph, | 10 |
| section or provision of this Funding Program shall be adjudged | 11 |
| by any court of competent jurisdiction to be invalid, such | 12 |
| judgment shall not affect, impair, or invalidate the remainder | 13 |
| of this Funding Program, but shall be confined in its operation | 14 |
| to the clause, sentence, paragraph, section, or provision of | 15 |
| this Funding Program directly involved in the controversy in | 16 |
| which the judgment was rendered. | 17 |
| (c) No rulemaking authority. Notwithstanding any other | 18 |
| rulemaking authority that may exist, neither the Governor nor | 19 |
| any agency or agency head under the jurisdiction of the | 20 |
| Governor has any authority to make or promulgate rules to | 21 |
| implement or enforce the provisions of this Act. If, however, | 22 |
| the Governor believes that rules are necessary to implement or | 23 |
| enforce the provisions of this Act, the Governor may suggest | 24 |
| rules to the General Assembly by filing them with the Clerk of | 25 |
| the House and Secretary of the Senate and by requesting that |
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| the General Assembly authorize such rulemaking by law, enact | 2 |
| those suggested rules into law, or take any other appropriate | 3 |
| action in the General Assembly's discretion. Nothing contained | 4 |
| in this Act shall be interpreted to grant rulemaking authority | 5 |
| under any other Illinois statute where such authority is not | 6 |
| otherwise explicitly given. For the purposes of this Act, | 7 |
| "rules" is given the meaning contained in Section 1-70 of the | 8 |
| Illinois Administrative Procedure Act, and "agency" and | 9 |
| "agency head" are given the meanings contained in Sections 1-20 | 10 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 11 |
| extent that such definitions apply to agencies or agency heads | 12 |
| under the jurisdiction of the Governor.
| 13 |
| Section 95. The State Finance Act is amended by adding | 14 |
| Section 5.708 as follows: | 15 |
| (30 ILCS 105/5.708 new) | 16 |
| Sec. 5.708. The Diesel Emissions Reduction Fund. | 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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