Full Text of SB2563 102nd General Assembly
SB2563enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 13-102.1, 13-106, 13-107, 13-108, and | 6 | | 13-109.1 and by adding Sections 13-102.2, 13-103.3 and | 7 | | 13-105.1 as follows:
| 8 | | (625 ILCS 5/13-102.1)
| 9 | | Sec. 13-102.1. Diesel powered vehicle emission inspection | 10 | | report.
Beginning July
1, 2000, the Department of | 11 | | Transportation
shall
conduct an annual study concerned with | 12 | | the results
of
emission inspections for diesel powered | 13 | | vehicles registered for a gross weight
of more than 16,000 | 14 | | pounds or having a gross vehicle weight rating of more
than | 15 | | 16,000 pounds. The
study
shall be reported to the General | 16 | | Assembly by June 30, 2001, and every
June
30 thereafter. The | 17 | | study shall also be sent to the Illinois
Environmental
| 18 | | Protection Agency for its use in environmental matters.
| 19 | | The study shall include, but not be limited to, the | 20 | | following information:
| 21 | | (a) the number of diesel powered vehicles
that were
| 22 | | inspected for emission compliance
pursuant to
this Chapter | 23 | | 13 during the previous year , separating the number of |
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| 1 | | inspections conducted at a brick-and-mortar official
| 2 | | testing station and the number of inspections conducted by | 3 | | an official portable emissions testing company ;
| 4 | | (b) the number of diesel powered vehicles that failed | 5 | | and passed the
emission
inspections conducted pursuant to
| 6 | | this
Chapter
13 during the previous year , separating the | 7 | | number of inspections conducted at a brick-and-mortar | 8 | | official
testing station and the number of inspections | 9 | | conducted by an official portable emissions testing | 10 | | company ; and
| 11 | | (c) the number of diesel powered vehicles that failed | 12 | | the emission
inspections conducted
pursuant to this | 13 | | Chapter 13 more than
once in
the previous year , separating | 14 | | the number of inspections conducted at a brick-and-mortar | 15 | | official
testing station and the number of inspections | 16 | | conducted by an official portable emissions testing | 17 | | company .
| 18 | | (Source: P.A. 100-700, eff. 8-3-18.)
| 19 | | (625 ILCS 5/13-102.2 new) | 20 | | Sec. 13-102.2. Diesel Emissions Opacity Report. | 21 | | (a) By March 15, 2023, the Department of Transportation | 22 | | shall make available to the public a report that includes the | 23 | | following: | 24 | | (1) a summary and disclosure of actual Department | 25 | | diesel emission testing data for at least one year through |
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| 1 | | December 31, 2022, including an analysis of opacity levels | 2 | | recorded from actual opacity tests conducted, keyed to the | 3 | | model year of the vehicle and mileage; | 4 | | (2) a census of the opacity limits for other states | 5 | | and Environmental Protection Agency (EPA) non-attainment | 6 | | areas in the United States; | 7 | | (3) a summary of actual air quality data in Illinois | 8 | | compared to actual air quality data from other states and | 9 | | EPA non-attainment areas in the United States; and | 10 | | (4) substantive input from trucking or transportation | 11 | | companies and the public, including environmental justice | 12 | | communities, in the affected areas on the impact of | 13 | | stricter opacity limits. | 14 | | (b) In the report, the Department must include the | 15 | | following items in an effort for the State to better | 16 | | understand the technology, repair, and enforcement elements of | 17 | | diesel emissions standards in Illinois: | 18 | | (1) an analysis of the feasibility of including an | 19 | | onboard diagnostics (OBD) testing regime for vehicles | 20 | | model year 2010 and newer that are compatible with such | 21 | | testing; and | 22 | | (2) recommendations for improving the effectiveness of | 23 | | the diesel emissions testing program. | 24 | | (625 ILCS 5/13-103.3 new) | 25 | | Sec. 13-103.3. Official portable emissions testing |
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| 1 | | company; fee; permit; bond. Upon the payment of a fee of $10 | 2 | | and the filing of an application by the proprietor of any | 3 | | vehicle service company upon forms furnished by the | 4 | | Department, accompanied by proof of experience, training, and | 5 | | ability of the operator of the testing equipment, together | 6 | | with proof of approved testing equipment as defined in Section | 7 | | 13-102 and the giving of a bond conditioned upon faithful | 8 | | observance of this Section and of rules adopted by the | 9 | | Department in the amount of $1,000 with security approved by | 10 | | the Department, the Department shall issue a permit to the | 11 | | proprietor of the vehicle service company to operate an | 12 | | official portable emissions testing company. An official | 13 | | portable emissions testing company shall only conduct portable | 14 | | emissions inspections for diesel fleets with 5 or more diesel | 15 | | vehicles required to be inspected under subsection (a) of | 16 | | Section 13-109.1, and only at the fleet owner's place of | 17 | | business. A permit issued under this Section shall expire 12 | 18 | | months following its issuance, but may be renewed annually by | 19 | | complying with this Section and upon the payment of a renewal | 20 | | fee of $10. No person or vehicle service company shall operate | 21 | | as an official portable emissions testing company without | 22 | | having been issued a permit as provided in this Section. | 23 | | A permittee under this Section may test second division | 24 | | vehicles owned, operated, or controlled by the permittee to | 25 | | conduct emission inspections of such vehicles in accordance | 26 | | with Section 13-109.1. A permittee under this Section may |
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| 1 | | conduct interstate inspections on interstate carriers in | 2 | | accordance with 49 CFR Part 396. | 3 | | Each permit issued by the Department shall state on its | 4 | | face the location of the recordkeeping office of the | 5 | | proprietor of the official portable emissions testing company. | 6 | | However, the Department, upon application, may authorize a | 7 | | change in the location of the recordkeeping office. Upon the | 8 | | approval of such an application, the Department shall issue an | 9 | | endorsement to be fixed by the applicant to the permit. Such an | 10 | | endorsement constitutes authority for the applicant to make | 11 | | the change in location. | 12 | | (625 ILCS 5/13-105.1 new) | 13 | | Sec. 13-105.1. Inspection of official portable emissions | 14 | | testing company. Employees specifically authorized by the | 15 | | Department shall inspect, at frequent intervals, vehicles, | 16 | | equipment, and the recordkeeping office used by an official | 17 | | portable emissions testing company. Department employees under | 18 | | this Section shall have access to all records, relating to | 19 | | tests and work done or parts sold as a result of such tests, to | 20 | | ascertain whether tests are properly, fairly, and honestly | 21 | | made. Department employees under this Section may examine the | 22 | | owner of an official portable emissions company or any officer | 23 | | or employee thereof under oath. The Department shall conduct | 24 | | periodic nonscheduled inspections of the premises of vehicles | 25 | | owned and operated by a licensed official portable emissions |
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| 1 | | testing company.
| 2 | | (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
| 3 | | Sec. 13-106. Rates and charges by official testing | 4 | | stations and official portable emissions testing companies; | 5 | | schedule stations-Schedule
to be filed. Every operator of an | 6 | | official testing station or official portable emissions | 7 | | testing company shall file with
the Department, in the manner | 8 | | prescribed by the Department, a schedule of
all rates and | 9 | | charges made by him for performing the tests
provided for in
| 10 | | Section 13-101 and Section 13-109.1. Such rate or charge shall | 11 | | include an
amount to reimburse
the operator of the official | 12 | | testing station or official portable emissions testing company | 13 | | for the purchase from the
Department
of the certificate of | 14 | | safety required by this chapter, not to exceed that
fee paid to | 15 | | the Department by the operator authorized by this chapter.
| 16 | | Such rates and charges shall be just and reasonable and the | 17 | | Department upon
its own initiative or upon complaint of any | 18 | | person or corporation may require
the testing station operator | 19 | | to appear for a hearing and prove that the
rates so filed are | 20 | | just and reasonable. A "just and reasonable" rate or
charge, | 21 | | for the purposes of this Section, means a rate or charge which | 22 | | is
the same, or nearly the same, as the prevailing rate or | 23 | | charge for the same
or similar tests made in the community | 24 | | where the station is located. No
operator may change this | 25 | | schedule of rates and charges until the proposed
changes are |
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| 1 | | filed with and approved by the Department. No license may be
| 2 | | issued to any official testing station or official portable | 3 | | emissions testing company unless the applicant has filed with
| 4 | | the Department a proposed schedule of rates and charges and | 5 | | unless such
rates and charges have been approved by the | 6 | | Department. No operator of
an official testing station or | 7 | | official portable emissions testing company shall charge more | 8 | | or less than the rates so
filed with and approved by the | 9 | | Department.
| 10 | | (Source: P.A. 91-254, eff. 7-1-00.)
| 11 | | (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
| 12 | | Sec. 13-107. Investigation of complaints against official | 13 | | testing stations and official portable emissions testing | 14 | | companies . The Department shall, upon its own motion, or upon | 15 | | charges made in
writing verified under oath, investigate | 16 | | complaints that an official
testing station or official | 17 | | portable emissions testing company is willfully falsifying | 18 | | records or tests,
either for the
purpose of selling parts or | 19 | | services not actually required, or for the
purpose of issuing | 20 | | a certificate of safety for a vehicle designed to carry 15
or | 21 | | fewer passengers operated by a contract carrier transporting
| 22 | | employees in the course of their employment on a highway of | 23 | | this State,
second division
vehicle,
or medical transport | 24 | | vehicle
that is not in safe mechanical condition as determined | 25 | | by the standards of
this Chapter in violation of the |
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| 1 | | provisions of this Chapter or of the rules
and regulations | 2 | | issued by the Department.
| 3 | | The Secretary of Transportation, for the purpose of more | 4 | | effectively
carrying out the provisions of Chapter 13, may | 5 | | appoint such a number of
inspectors as he may deem necessary. | 6 | | Such inspectors shall inspect and
investigate applicants for | 7 | | official testing station or official portable emissions | 8 | | testing company permits and investigate
and report violations. | 9 | | With respect to enforcement of the
provisions of this Chapter | 10 | | 13, such inspectors shall have and may exercise
throughout the | 11 | | State all the powers of police officers.
| 12 | | The Secretary must authorize to each inspector and to any | 13 | | other employee of
the Department exercising the powers of a | 14 | | peace officer a distinct badge that,
on its face, (i) clearly | 15 | | states that the badge is authorized by the Department
and (ii) | 16 | | contains a unique identifying number. No other badge shall be
| 17 | | authorized by the Department.
Nothing in this Section | 18 | | prohibits the Secretary from issuing shields or other
| 19 | | distinctive identification to employees not exercising the | 20 | | powers of a peace
officer if the Secretary determines that a | 21 | | shield or distinctive identification
is needed by the employee | 22 | | to carry out his or her responsibilities.
| 23 | | (Source: P.A. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
| 24 | | (625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
| 25 | | Sec. 13-108. Hearing on complaint against official testing |
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| 1 | | station or official portable emissions testing company; | 2 | | suspension station-Suspension or
revocation of permit. If it | 3 | | appears to the Department, either through its own | 4 | | investigation or
upon charges verified under oath, that any of | 5 | | the provisions of this
Chapter or the rules and regulations of | 6 | | the Department, are being violated,
the Department, shall | 7 | | after notice to the person, firm or corporation
charged with | 8 | | such violation, conduct a hearing. At least 10 days prior to
| 9 | | the date of such hearing the Department shall cause to be | 10 | | served upon the
person, firm or corporation charged with such | 11 | | violation, a copy of such
charge or charges by registered mail | 12 | | or by the personal service thereof,
together with a notice | 13 | | specifying the time and place of such hearing. At
the time and | 14 | | place specified in such notice the person, firm or corporation
| 15 | | charged with such violation shall be given an opportunity to | 16 | | appear in
person or by counsel and to be heard by the Secretary | 17 | | of Transportation or
an officer or employee of the Department | 18 | | designated in writing by him to
conduct such hearing. If it | 19 | | appears from the hearing that such person, firm
or corporation | 20 | | is guilty of the charge preferred against him or it, the
| 21 | | Secretary of Transportation may order the permit suspended or | 22 | | revoked, and
the bond forfeited. Any such revocation or | 23 | | suspension shall not be a bar to
subsequent arrest and | 24 | | prosecution for violation of this Chapter.
| 25 | | (Source: P.A. 78-255.)
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| 1 | | (625 ILCS 5/13-109.1)
| 2 | | Sec. 13-109.1. Annual emission inspection tests;
| 3 | | standards; penalties;
funds. | 4 | | (a) For each diesel powered vehicle that (i) is registered | 5 | | for a gross
weight of
more than 16,000 pounds, (ii) is | 6 | | registered within an affected area, and
(iii) is a 2 year
or | 7 | | older model year, an annual emission
inspection test
shall be | 8 | | conducted at an official testing station or by an official | 9 | | portable emissions testing company certified by the Illinois
| 10 | | Department
of Transportation to perform
diesel emission | 11 | | inspections pursuant to the standards set forth in
subsection
| 12 | | (b) of this
Section. This annual emission inspection test may | 13 | | be conducted in conjunction
with a
semi-annual safety test.
| 14 | | (a-5) (Blank).
| 15 | | (b) Diesel emission inspections conducted under this | 16 | | Chapter 13 shall be
conducted in accordance with the Society | 17 | | of Automotive Engineers Recommended
Practice J1667
| 18 | | "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel | 19 | | Powered
Vehicles" and the cutpoint standards set forth in the | 20 | | United States
Environmental Protection Agency guidance
| 21 | | document "Guidance to States on Smoke Opacity Cutpoints to be | 22 | | used with the
SAE J1667 In-Use Smoke Test Procedure". Those | 23 | | procedures and standards, as
now in effect, are made a part of | 24 | | this Code, in the same manner as though they
were set out in | 25 | | full in this Code.
| 26 | | Notwithstanding the above cutpoint standards, for motor |
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| 1 | | vehicles that are
model years 1973 and
older, until
December | 2 | | 31,
2002, the level of peak smoke opacity shall not exceed 70 | 3 | | percent. Beginning
January
1, 2003, for motor vehicles that | 4 | | are model years 1973 and older, the level of
peak smoke
opacity | 5 | | shall not exceed 55 percent.
| 6 | | (c) If the annual emission inspection under subsection (a) | 7 | | reveals
that the vehicle is not in compliance with
the
diesel | 8 | | emission standards set forth in subsection (b) of this | 9 | | Section, the
operator of the
official
testing station or | 10 | | official portable emissions testing company shall issue a | 11 | | warning notice requiring correction of the
violation. The | 12 | | correction shall be made and the vehicle submitted to an
| 13 | | emissions retest at an official testing station or official | 14 | | portable emissions testing company certified by the Department | 15 | | to
perform diesel emission inspections within 30 days from the | 16 | | issuance of the
warning notice requiring correction of the | 17 | | violation.
| 18 | | If, within 30 days from the issuance of the warning | 19 | | notice, the vehicle is
not in compliance with the diesel
| 20 | | emission standards set forth in subsection (b) as determined | 21 | | by an emissions
retest at an official testing station or | 22 | | through an official portable emissions testing company, the | 23 | | certified emissions testing operator , the operator of the | 24 | | official
testing station or the Department shall place the | 25 | | vehicle out-of-service in
accordance with the rules | 26 | | promulgated by the Department. Operating a vehicle
that has |
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| 1 | | been placed out-of-service under this subsection (c) is a | 2 | | petty
offense punishable by a $1,000 fine.
The vehicle must | 3 | | pass a diesel emission inspection at an official testing
| 4 | | station before it is again placed in service.
The Secretary of | 5 | | State, Department of State Police, and other law enforcement
| 6 | | officers shall enforce this Section.
No emergency vehicle, as | 7 | | defined in Section 1-105, may be placed out-of-service
| 8 | | pursuant to this Section.
| 9 | | The Department , or an official testing station , or an | 10 | | official portable emissions testing company may issue a | 11 | | certificate of
waiver subsequent to a reinspection of a | 12 | | vehicle that failed the emissions
inspection. Certificate of | 13 | | waiver shall be issued upon determination that
documented | 14 | | proof demonstrates that emissions repair costs for the | 15 | | noncompliant
vehicle of at least $3,000 have been spent in an | 16 | | effort to achieve
compliance with the emission standards set | 17 | | forth in subsection (b). The
Department of Transportation | 18 | | shall adopt rules for the implementation of this
subsection | 19 | | including standards of documented proof as well as the | 20 | | criteria by
which a waiver shall be granted.
| 21 | | (c-5) (Blank).
| 22 | | (d) (Blank).
| 23 | | (Source: P.A. 100-700, eff. 8-3-18.)
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