Illinois General Assembly - Full Text of SB2563
Illinois General Assembly

Previous General Assemblies

Full Text of SB2563  102nd General Assembly

SB2563sam002 102ND GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/23/2021

 

 


 

 


 
10200SB2563sam002LRB102 15863 RAM 25805 a

1
AMENDMENT TO SENATE BILL 2563

2    AMENDMENT NO. ______. Amend Senate Bill 2563, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Sections 13-102.1, 13-106, 13-107, 13-108, and
713-109.1 and by adding Sections 13-102.2, 13-103.3 and
813-105.1 as follows:
 
9    (625 ILCS 5/13-102.1)
10    Sec. 13-102.1. Diesel powered vehicle emission inspection
11report. Beginning July 1, 2000, the Department of
12Transportation shall conduct an annual study concerned with
13the results of emission inspections for diesel powered
14vehicles registered for a gross weight of more than 16,000
15pounds or having a gross vehicle weight rating of more than
1616,000 pounds. The study shall be reported to the General

 

 

10200SB2563sam002- 2 -LRB102 15863 RAM 25805 a

1Assembly by June 30, 2001, and every June 30 thereafter. The
2study shall also be sent to the Illinois Environmental
3Protection Agency for its use in environmental matters.
4    The study shall include, but not be limited to, the
5following information:
6        (a) the number of diesel powered vehicles that were
7    inspected for emission compliance pursuant to this Chapter
8    13 during the previous year, separating the number of
9    inspections conducted at a brick-and-mortar official
10    testing station and the number of inspections conducted by
11    an official portable emissions testing company;
12        (b) the number of diesel powered vehicles that failed
13    and passed the emission inspections conducted pursuant to
14    this Chapter 13 during the previous year, separating the
15    number of inspections conducted at a brick-and-mortar
16    official testing station and the number of inspections
17    conducted by an official portable emissions testing
18    company; and
19        (c) the number of diesel powered vehicles that failed
20    the emission inspections conducted pursuant to this
21    Chapter 13 more than once in the previous year, separating
22    the number of inspections conducted at a brick-and-mortar
23    official testing station and the number of inspections
24    conducted by an official portable emissions testing
25    company.
26(Source: P.A. 100-700, eff. 8-3-18.)
 

 

 

10200SB2563sam002- 3 -LRB102 15863 RAM 25805 a

1    (625 ILCS 5/13-102.2 new)
2    Sec. 13-102.2. Diesel Emissions Opacity Report.
3    (a) By September 15, 2022, the Department of
4Transportation shall make available to the public a report
5that includes the following:
6        (1) a summary and disclosure of actual Department
7    diesel emission testing data for at least one year through
8    June 1, 2022, including an analysis of opacity levels
9    recorded from actual opacity tests conducted, keyed to the
10    model year of the vehicle and mileage;
11        (2) a census of the opacity limits for other states
12    and Environmental Protection Agency (EPA) non-attainment
13    areas in the United States;
14        (3) a summary of actual air quality data in Illinois
15    compared to actual air quality data from other states and
16    EPA non-attainment areas in the United States; and
17        (4) substantive input from trucking or transportation
18    companies and the public, including environmental justice
19    communities, in the affected areas on the impact of
20    stricter opacity limits.
21    (b) In the report, the Department must include the
22following items in an effort for the State to better
23understand the technology, repair, and enforcement elements of
24diesel emissions standards in Illinois:
25        (1) an analysis of the feasibility of including an

 

 

10200SB2563sam002- 4 -LRB102 15863 RAM 25805 a

1    onboard diagnostics (OBD) testing regime for vehicles
2    model year 2010 and newer that are compatible with such
3    testing; and
4        (2) recommendations for improving the effectiveness of
5    the diesel emissions testing program.
 
6    (625 ILCS 5/13-103.3 new)
7    Sec. 13-103.3. Official portable emissions testing
8company; fee; permit; bond. Upon the payment of a fee of $10
9and the filing of an application by the proprietor of any
10vehicle service company upon forms furnished by the
11Department, accompanied by proof of experience, training, and
12ability of the operator of the testing equipment, together
13with proof of approved testing equipment as defined in Section
1413-102 and the giving of a bond conditioned upon faithful
15observance of this Section and of rules adopted by the
16Department in the amount of $1,000 with security approved by
17the Department, the Department shall issue a permit to the
18proprietor of the vehicle service company to operate an
19official portable emissions testing company. An official
20portable emissions testing company shall only conduct portable
21emissions inspections for diesel fleets with 5 or more diesel
22vehicles required to be inspected under subsection (a) of
23Section 13-109.1, and only at the fleet owner's place of
24business. A permit issued under this Section shall expire 12
25months following its issuance, but may be renewed annually by

 

 

10200SB2563sam002- 5 -LRB102 15863 RAM 25805 a

1complying with this Section and upon the payment of a renewal
2fee of $10. No person or vehicle service company shall operate
3as an official portable emissions testing company without
4having been issued a permit as provided in this Section.
5    A permittee under this Section may test second division
6vehicles owned, operated, or controlled by the permittee to
7conduct emission inspections of such vehicles in accordance
8with Section 13-109.1. A permittee under this Section may
9conduct interstate inspections on interstate carriers in
10accordance with 49 CFR Part 396.
11    Each permit issued by the Department shall state on its
12face the location of the recordkeeping office of the
13proprietor of the official portable emissions testing company.
14However, the Department, upon application, may authorize a
15change in the location of the recordkeeping office. Upon the
16approval of such an application, the Department shall issue an
17endorsement to be fixed by the applicant to the permit. Such an
18endorsement constitutes authority for the applicant to make
19the change in location.
 
20    (625 ILCS 5/13-105.1 new)
21    Sec. 13-105.1. Inspection of official portable emissions
22testing company. Employees specifically authorized by the
23Department shall inspect, at frequent intervals, vehicles,
24equipment, and the recordkeeping office used by an official
25portable emissions testing company. Department employees under

 

 

10200SB2563sam002- 6 -LRB102 15863 RAM 25805 a

1this Section shall have access to all records, relating to
2tests and work done or parts sold as a result of such tests, to
3ascertain whether tests are properly, fairly, and honestly
4made. Department employees under this Section may examine the
5owner of an official portable emissions company or any officer
6or employee thereof under oath. The Department shall conduct
7periodic nonscheduled inspections of the premises of vehicles
8owned and operated by a licensed official portable emissions
9testing company.
 
10    (625 ILCS 5/13-106)  (from Ch. 95 1/2, par. 13-106)
11    Sec. 13-106. Rates and charges by official testing
12stations and official portable emissions testing companies;
13schedule stations-Schedule to be filed. Every operator of an
14official testing station or official portable emissions
15testing company shall file with the Department, in the manner
16prescribed by the Department, a schedule of all rates and
17charges made by him for performing the tests provided for in
18Section 13-101 and Section 13-109.1. Such rate or charge shall
19include an amount to reimburse the operator of the official
20testing station or official portable emissions testing company
21for the purchase from the Department of the certificate of
22safety required by this chapter, not to exceed that fee paid to
23the Department by the operator authorized by this chapter.
24Such rates and charges shall be just and reasonable and the
25Department upon its own initiative or upon complaint of any

 

 

10200SB2563sam002- 7 -LRB102 15863 RAM 25805 a

1person or corporation may require the testing station operator
2to appear for a hearing and prove that the rates so filed are
3just and reasonable. A "just and reasonable" rate or charge,
4for the purposes of this Section, means a rate or charge which
5is the same, or nearly the same, as the prevailing rate or
6charge for the same or similar tests made in the community
7where the station is located. No operator may change this
8schedule of rates and charges until the proposed changes are
9filed with and approved by the Department. No license may be
10issued to any official testing station or official portable
11emissions testing company unless the applicant has filed with
12the Department a proposed schedule of rates and charges and
13unless such rates and charges have been approved by the
14Department. No operator of an official testing station or
15official portable emissions testing company shall charge more
16or less than the rates so filed with and approved by the
17Department.
18(Source: P.A. 91-254, eff. 7-1-00.)
 
19    (625 ILCS 5/13-107)  (from Ch. 95 1/2, par. 13-107)
20    Sec. 13-107. Investigation of complaints against official
21testing stations and official portable emissions testing
22companies. The Department shall, upon its own motion, or upon
23charges made in writing verified under oath, investigate
24complaints that an official testing station or official
25portable emissions testing company is willfully falsifying

 

 

10200SB2563sam002- 8 -LRB102 15863 RAM 25805 a

1records or tests, either for the purpose of selling parts or
2services not actually required, or for the purpose of issuing
3a certificate of safety for a vehicle designed to carry 15 or
4fewer passengers operated by a contract carrier transporting
5employees in the course of their employment on a highway of
6this State, second division vehicle, or medical transport
7vehicle that is not in safe mechanical condition as determined
8by the standards of this Chapter in violation of the
9provisions of this Chapter or of the rules and regulations
10issued by the Department.
11    The Secretary of Transportation, for the purpose of more
12effectively carrying out the provisions of Chapter 13, may
13appoint such a number of inspectors as he may deem necessary.
14Such inspectors shall inspect and investigate applicants for
15official testing station or official portable emissions
16testing company permits and investigate and report violations.
17With respect to enforcement of the provisions of this Chapter
1813, such inspectors shall have and may exercise throughout the
19State all the powers of police officers.
20    The Secretary must authorize to each inspector and to any
21other employee of the Department exercising the powers of a
22peace officer a distinct badge that, on its face, (i) clearly
23states that the badge is authorized by the Department and (ii)
24contains a unique identifying number. No other badge shall be
25authorized by the Department. Nothing in this Section
26prohibits the Secretary from issuing shields or other

 

 

10200SB2563sam002- 9 -LRB102 15863 RAM 25805 a

1distinctive identification to employees not exercising the
2powers of a peace officer if the Secretary determines that a
3shield or distinctive identification is needed by the employee
4to carry out his or her responsibilities.
5(Source: P.A. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
 
6    (625 ILCS 5/13-108)  (from Ch. 95 1/2, par. 13-108)
7    Sec. 13-108. Hearing on complaint against official testing
8station or official portable emissions testing company;
9suspension station-Suspension or revocation of permit. If it
10appears to the Department, either through its own
11investigation or upon charges verified under oath, that any of
12the provisions of this Chapter or the rules and regulations of
13the Department, are being violated, the Department, shall
14after notice to the person, firm or corporation charged with
15such violation, conduct a hearing. At least 10 days prior to
16the date of such hearing the Department shall cause to be
17served upon the person, firm or corporation charged with such
18violation, a copy of such charge or charges by registered mail
19or by the personal service thereof, together with a notice
20specifying the time and place of such hearing. At the time and
21place specified in such notice the person, firm or corporation
22charged with such violation shall be given an opportunity to
23appear in person or by counsel and to be heard by the Secretary
24of Transportation or an officer or employee of the Department
25designated in writing by him to conduct such hearing. If it

 

 

10200SB2563sam002- 10 -LRB102 15863 RAM 25805 a

1appears from the hearing that such person, firm or corporation
2is guilty of the charge preferred against him or it, the
3Secretary of Transportation may order the permit suspended or
4revoked, and the bond forfeited. Any such revocation or
5suspension shall not be a bar to subsequent arrest and
6prosecution for violation of this Chapter.
7(Source: P.A. 78-255.)
 
8    (625 ILCS 5/13-109.1)
9    Sec. 13-109.1. Annual emission inspection tests;
10standards; penalties; funds.
11    (a) For each diesel powered vehicle that (i) is registered
12for a gross weight of more than 16,000 pounds, (ii) is
13registered within an affected area, and (iii) is a 2 year or
14older model year, an annual emission inspection test shall be
15conducted at an official testing station or by an official
16portable emissions testing company certified by the Illinois
17Department of Transportation to perform diesel emission
18inspections pursuant to the standards set forth in subsection
19(b) of this Section. This annual emission inspection test may
20be conducted in conjunction with a semi-annual safety test.
21    (a-5) (Blank).
22    (b) Diesel emission inspections conducted under this
23Chapter 13 shall be conducted in accordance with the Society
24of Automotive Engineers Recommended Practice J1667
25"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel

 

 

10200SB2563sam002- 11 -LRB102 15863 RAM 25805 a

1Powered Vehicles" and the cutpoint standards set forth in the
2United States Environmental Protection Agency guidance
3document "Guidance to States on Smoke Opacity Cutpoints to be
4used with the SAE J1667 In-Use Smoke Test Procedure". Those
5procedures and standards, as now in effect, are made a part of
6this Code, in the same manner as though they were set out in
7full in this Code.
8    Notwithstanding the above cutpoint standards, for motor
9vehicles that are model years 1973 and older, until December
1031, 2002, the level of peak smoke opacity shall not exceed 70
11percent. Beginning January 1, 2003, for motor vehicles that
12are model years 1973 and older, the level of peak smoke opacity
13shall not exceed 55 percent.
14    (c) If the annual emission inspection under subsection (a)
15reveals that the vehicle is not in compliance with the diesel
16emission standards set forth in subsection (b) of this
17Section, the operator of the official testing station or
18official portable emissions testing company shall issue a
19warning notice requiring correction of the violation. The
20correction shall be made and the vehicle submitted to an
21emissions retest at an official testing station or official
22portable emissions testing company certified by the Department
23to perform diesel emission inspections within 30 days from the
24issuance of the warning notice requiring correction of the
25violation.
26    If, within 30 days from the issuance of the warning

 

 

10200SB2563sam002- 12 -LRB102 15863 RAM 25805 a

1notice, the vehicle is not in compliance with the diesel
2emission standards set forth in subsection (b) as determined
3by an emissions retest at an official testing station or
4through an official portable emissions testing company, the
5certified emissions testing operator , the operator of the
6official testing station or the Department shall place the
7vehicle out-of-service in accordance with the rules
8promulgated by the Department. Operating a vehicle that has
9been placed out-of-service under this subsection (c) is a
10petty offense punishable by a $1,000 fine. The vehicle must
11pass a diesel emission inspection at an official testing
12station before it is again placed in service. The Secretary of
13State, Department of State Police, and other law enforcement
14officers shall enforce this Section. No emergency vehicle, as
15defined in Section 1-105, may be placed out-of-service
16pursuant to this Section.
17    The Department, or an official testing station, or an
18official portable emissions testing company may issue a
19certificate of waiver subsequent to a reinspection of a
20vehicle that failed the emissions inspection. Certificate of
21waiver shall be issued upon determination that documented
22proof demonstrates that emissions repair costs for the
23noncompliant vehicle of at least $3,000 have been spent in an
24effort to achieve compliance with the emission standards set
25forth in subsection (b). The Department of Transportation
26shall adopt rules for the implementation of this subsection

 

 

10200SB2563sam002- 13 -LRB102 15863 RAM 25805 a

1including standards of documented proof as well as the
2criteria by which a waiver shall be granted.
3    (c-5) (Blank).
4    (d) (Blank).
5(Source: P.A. 100-700, eff. 8-3-18.)".