Illinois General Assembly - Full Text of SB2083
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Full Text of SB2083  95th General Assembly


Environmental Health Committee

Adopted in House Comm. on May 20, 2008





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2     AMENDMENT NO. ______. Amend Senate Bill 2083 by replacing
3 everything after the enacting clause with the following:
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,



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1 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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1 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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1     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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1 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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1     (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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1 control device, an advanced truckstop electrification system,
2 or an auxiliary power unit.
3     Section 15. Mechanics of the Diesel Emissions Reduction
4 Funding Program.
5     (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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1     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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1         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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1             (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                      (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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1             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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1             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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1                 (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
5                 (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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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     (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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1     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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1         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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1         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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1 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.".