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90_SB0733
625 ILCS 5/13B-15
625 ILCS 5/13B-20
625 ILCS 5/13B-25
Amends the Vehicle Emissions Inspection Law of 1995
(Chapter 13B of the Illinois Vehicle Code) to provide for the
inspection of diesel-powered vehicles. Effective
immediately.
SDS/90bill0029/mgp
SDS/90bill0029/mgp
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 13B-15, 13B-20, and 13B-25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 13B-15, 13B-20, and 13B-25 as follows:
7 (625 ILCS 5/13B-15)
8 Sec. 13B-15. Inspections.
9 (a) Beginning January 1, 1995, every motor vehicle that
10 is owned by a resident of an affected county, other than a
11 diesel-powered vehicle or a vehicle that is exempt under
12 subsection (f) or (g), is subject to inspection under the
13 program. Diesel-powered vehicles become subject to
14 inspection under the program beginning July 1, 1998.
15 The Agency shall send notice of the assigned inspection
16 month, at least 15 days before the beginning of the assigned
17 month, to the owner of each vehicle subject to the program.
18 For a vehicle that was subject to inspection before the
19 effective date of this amendatory Act of 1994 and for which
20 an initial inspection sticker or initial inspection
21 certificate has already been issued, the month to be assigned
22 by the Agency for that vehicle shall not be earlier than the
23 current assigned month, unless so requested by the owner. If
24 the assigned month is later than the current assigned month,
25 the Agency shall issue either a corrected inspection sticker
26 or corrected certificate for that vehicle.
27 Initial emission inspection stickers or initial
28 inspection certificates, as the case may be, expire on the
29 last day of the third month following the month assigned by
30 the Agency for the first inspection of the vehicle. Renewal
31 inspection stickers or certificates expire on the last day of
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1 the third month following the month assigned for inspection
2 in the year in which the vehicle's next inspection is
3 required.
4 The Agency or its agent may issue an interim emission
5 inspection sticker or certificate for any vehicle subject to
6 inspection that does not have a currently valid emission
7 inspection sticker or certificate at the time the Agency is
8 notified by the Secretary of State of its registration by a
9 new owner, and for which an initial emission inspection
10 sticker or certificate has already been issued. Interim
11 emission inspection stickers or certificates expire no later
12 than the last day of the sixth complete calendar month after
13 the date the Agency issued the interim emission inspection
14 sticker or certificate.
15 The owner of each vehicle subject to inspection shall
16 obtain an emission inspection sticker or certificate for the
17 vehicle in accordance with this subsection. Before the
18 expiration of the emission inspection sticker or certificate,
19 the owner shall have the vehicle inspected and, upon
20 demonstration of compliance, obtain a renewal emission
21 inspection sticker or certificate. A renewal emission
22 inspection sticker or certificate shall not be issued more
23 than 5 months before the expiration date of the previous
24 inspection sticker or certificate.
25 (b) Except as provided in subsection (c), vehicles shall
26 be inspected every 2 years on a schedule that begins in the
27 second calendar year after the vehicle model year.
28 (c) A vehicle may be inspected out of its 2-year
29 inspection schedule when a new owner acquires the vehicle and
30 it should have been, but was not, in compliance with this Act
31 when the vehicle was acquired by the new owner.
32 (d) The owner of a vehicle subject to inspection shall
33 have the vehicle inspected and obtain and display on the
34 vehicle or carry within the vehicle, in a manner specified by
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1 the Agency, a valid unexpired emission inspection sticker or
2 certificate in the manner specified by the Agency.
3 Any person who violates this subsection (d) is guilty of
4 a petty offense, except that a third or subsequent violation
5 within one year of the first violation is a Class C
6 misdemeanor. The fine imposed for a violation of this
7 subsection shall be not less than $50 if the violation
8 occurred within 60 days following the date by which a new or
9 renewal emission inspection sticker or certificate was
10 required to be obtained for the vehicle, and not less than
11 $300 if the violation occurred more than 60 days after that
12 date.
13 (e) (1) For a $20 fee, to be paid into the Vehicle
14 Inspection Fund, the Agency shall inspect:
15 (A) Vehicles operated on federal installations
16 within an affected county, pursuant to Title 40, Section
17 51.356 of the Code of Federal Regulations.
18 (B) Federally owned vehicles operated in affected
19 counties.
20 (2) For a fee of $20, to be paid into the Vehicle
21 Inspection Fund, the Agency may inspect:
22 (A) Vehicles registered in and subject to emission
23 inspections requirements of another state.
24 (B) Vehicles presented for inspection on a
25 voluntary basis.
26 Any fees collected under this subsection shall not offset
27 normally appropriated Motor Fuel Tax Funds.
28 (f) The following vehicles are not subject to
29 inspection:
30 (1) Vehicles not subject to registration under
31 Article IV of Chapter 3 of this Code, other than vehicles
32 owned by the federal government.
33 (2) Motorcycles, motor driven cycles, and motorized
34 pedalcycles.
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1 (3) Farm vehicles and implements of husbandry.
2 (4) Implements of warfare owned by the State or
3 federal government.
4 (5) Antique vehicles and vehicles of model year
5 1967 or before.
6 (6) Vehicles operated exclusively for parade or
7 ceremonial purposes by any veterans, fraternal, or civic
8 organization, organized on a not-for-profit basis.
9 (7) Vehicles for which a Junking Certificate has
10 been issued by the Secretary of State under Section 3-117
11 of this Code.
12 (8) Diesel powered vehicles, and Vehicles that are
13 powered exclusively by electricity.
14 (9) Vehicles operated exclusively in organized
15 amateur or professional sporting activities, as defined
16 in the Environmental Protection Act.
17 (10) Vehicles registered in, subject to, and in
18 compliance with the emission inspection requirements of
19 another state.
20 The Agency may issue temporary or permanent exemption
21 stickers or certificates for vehicles temporarily or
22 permanently exempt from inspection under this subsection (f).
23 An exemption sticker or certificate does not need to be
24 displayed.
25 (g) According to criteria the Agency may adopt, a motor
26 vehicle may be exempted from the inspection requirements of
27 this Section by the Agency on the basis of an Agency
28 determination that the vehicle is located and primarily used
29 outside of the affected counties or in other jurisdictions
30 where vehicle emission inspections are not required. The
31 Agency may issue an annual exemption sticker or certificate
32 without inspection for any vehicle exempted from inspection
33 under this subsection.
34 (h) Any owner or lessee of a fleet of 15 or more motor
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1 vehicles which are subject to inspection under this Section
2 may apply to the Agency for a permit to establish and operate
3 a Private Official Inspection Station.
4 (i) Pursuant to Title 40, Section 51.371 of the Code of
5 Federal Regulations, the Agency shall establish a program of
6 on-road testing of in-use vehicles through the use of remote
7 sensing devices. The Agency shall evaluate the emission
8 performance of 0.5% of the subject fleet or 20,000 vehicles,
9 whichever is less. Under no circumstances shall on-road
10 testing include any sort of roadblock or roadside pullover or
11 cause any type of traffic delay.
12 If, during the course of on-road inspections, a vehicle
13 is found to exceed the on-road emissions standards
14 established for the model year and type of vehicle, the
15 Agency shall send a notice to the vehicle owner. The notice
16 shall document the occurrence and results of on-road
17 exceedances. The notice of a second on-road exceedance shall
18 indicate that the vehicle has been reassigned and is subject
19 to an out-of-cycle follow-up inspection at an official
20 inspection station. In no case shall the Agency send a notice
21 of an on-road exceedance to the owner of a vehicle that was
22 found to exceed the on-road emission standards established
23 for the model year and type of vehicle if the vehicle is
24 registered outside of the affected counties.
25 (Source: P.A. 88-533.)
26 (625 ILCS 5/13B-20)
27 Sec. 13B-20. Rules and standards.
28 (a) The Agency shall propose standards necessary to
29 achieve reductions in the emission of hydrocarbons, carbon
30 monoxide, and oxides of nitrogen from motor vehicles subject
31 to inspection under this Chapter. Within 120 days after the
32 Agency proposes these standards, the Board shall adopt rules
33 establishing standards for the emission of hydrocarbons,
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1 carbon monoxide, and oxides of nitrogen from motor vehicles
2 subject to inspection under this Chapter. These rules may be
3 amended from time to time pursuant to Agency proposals. The
4 Board shall set standards necessary to achieve the reductions
5 in vehicle hydrocarbons, carbon monoxide, and oxides of
6 nitrogen emissions, as determined by the applicable vehicle
7 emission estimation model and rules developed by the United
8 States Environmental Protection Agency, required by the
9 federal Clean Air Act. A predetermined rate of failure shall
10 not be used in determining standards necessary to achieve the
11 reductions in vehicle hydrocarbons, carbon monoxide and
12 oxides of nitrogen emissions. The emission standards
13 established by the Board for vehicles of model year 1981 or
14 later shall be identical in substance, as defined in Section
15 7.2(a) of the Environmental Protection Act, to the emission
16 standards promulgated by the United States Environmental
17 Protection Agency.
18 If the Administrator of the United States Environmental
19 Protection Agency finds that oxides of nitrogen emission
20 reductions are not beneficial under Title 40, Section
21 51.351(d) of the Code of Federal Regulations, the Board shall
22 not adopt rules establishing such standards for the emission
23 of oxides of nitrogen under this Chapter. Any rules
24 establishing these standards that have already been adopted
25 before the findings by the United States Environmental
26 Protection Agency shall be repealed by the Board by
27 preemptory rulemaking under the Illinois Administrative
28 Procedure Act upon petition by the Agency.
29 Except as otherwise provided in this subsection,
30 subsection (b) of Section 27 of the Environmental Protection
31 Act and the rulemaking provisions of the Illinois
32 Administrative Procedure Act shall not apply to rules adopted
33 by the Board under this subsection. Challenges to the
34 validity of rules adopted by the Board under this subsection
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1 (a) may only be brought by filing a petition for review in
2 the Appellate Court under Section 29 of the Environmental
3 Protection Act within 35 days after the rule is filed with
4 the Secretary of State.
5 (b) The Agency shall establish, and may from time to
6 time amend, procedures designed to implement this Chapter.
7 (c) Within 120 days after the effective date of this
8 amendatory Act of 1997, the Agency shall propose appropriate
9 standards for the inspection and testing of diesel-powered
10 vehicles. Within 120 days after the Agency proposes these
11 standards, the Board shall adopt rules establishing standards
12 for the emission of particulates and noxious or offensive
13 odors from diesel-powered vehicles. The rules may, but need
14 not, also require diesel-powered vehicles to be tested for
15 emission of any of the substances for which other vehicles
16 are tested, using the same or different standards, as
17 determined by the Board to be appropriate. These rules may
18 be amended from time to time pursuant to Agency proposals.
19 Challenges to the validity of rules adopted by the Board
20 under this subsection may be brought only by filing a
21 petition for review in the Appellate Court under Section 29
22 of the Environmental Protection Act within 35 days after the
23 rule is filed with the Secretary of State.
24 (Source: P.A. 88-533.)
25 (625 ILCS 5/13B-25)
26 Sec. 13B-25. Performance of inspections.
27 (a) The inspection of vehicles required under this
28 Chapter shall be performed only: (i) by inspectors who have
29 been certified by the Agency after successfully completing a
30 course of training and successfully passing a written test;
31 (ii) at official inspection stations or official on-road
32 inspection sites established under this Chapter; and (iii)
33 with equipment that has been approved by the Agency for these
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1 inspections.
2 (b) Except as provided in subsections (c), and (d), and
3 (i), the inspection shall consist of (i) a loaded mode
4 exhaust gas analysis; (ii) an evaporative system integrity
5 test; (iii) an evaporative system purge test; (iv) an
6 on-board computer diagnostic system check; and (v) a
7 verification that all required emission-related recall
8 repairs have been made under Title 40, Section 51.370 of the
9 Code of Federal Regulations. The owner of the vehicle or the
10 owner's agent shall be entitled to an emission inspection
11 certificate issued by an inspector only if all required tests
12 are passed at the time of the inspection.
13 (c) A steady-state idle exhaust gas analysis may be
14 substituted for the loaded mode exhaust gas analysis and the
15 evaporative purge system test in the following cases:
16 (1) On any vehicle of model year 1980 or older.
17 (2) On any heavy duty vehicle with a manufacturer
18 gross vehicle weight rating in excess of 8,500 pounds.
19 (3) On any vehicle for which loaded mode testing is
20 not possible due to vehicle design or configuration.
21 (d) A steady-state idle gas analysis may also be
22 substituted for the new procedures specified in subsection
23 (b) in inspections conducted in calendar year 1995 on any
24 vehicle of model year 1990 or older.
25 (e) The exhaust gas analysis shall consist of a test of
26 an exhaust gas sample to determine whether the quantities of
27 exhaust gas pollutants emitted by the vehicle meet the
28 standards set for vehicles of that type under Section 13B-20.
29 A vehicle shall be deemed to have passed this portion of the
30 inspection if the evaluation of the exhaust gas sample
31 indicates that the quantities of exhaust gas pollutants
32 emitted by the vehicle do not exceed the standards set for
33 vehicles of that type under Section 13B-20 or an inspector
34 certifies that the vehicle qualifies for a waiver of the
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1 exhaust gas pollutant standards under Section 13B-30.
2 (f) The evaporative system integrity test shall consist
3 of a procedure to determine if leaks exist in the vehicle
4 fuel evaporation emission control system. A vehicle shall be
5 deemed to have passed this test if no leaks are observed in
6 the system, as determined by comparison of observed pressure
7 decay with standards set for vehicles of that type and model
8 year.
9 (g) The evaporative system purge test shall consist of a
10 procedure to verify the purging of vapors stored in the
11 evaporative canister. A vehicle shall be deemed to have
12 passed this test if the purge flow exceeds standards set for
13 vehicles of that type and model year as measured during the
14 loaded mode exhaust gas test.
15 (h) The on-board computer diagnostic test shall consist
16 of accessing the vehicle's on-board computer system, if so
17 equipped, and reading any stored diagnostic codes that may be
18 present. The vehicle shall be deemed to have passed this
19 test if the codes observed did not exceed standards set for
20 vehicles of that type under Section 13B-20.
21 (i) The Agency shall prescribe appropriate testing and
22 inspection procedures for diesel-powered vehicles.
23 (Source: P.A. 88-533.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.