House Sponsors: MADIGAN,MJ-GRANBERG-NOVAK-GASH-FEIGENHOLTZ, GARRETT, LYONS,EILEEN, ERWIN, MCKEON, FRITCHEY AND STROGER. Senate Sponsors: RADOGNO-MAHAR-MADIGAN,L-LIGHTFORD-SHAW Short description: VEH CD-DIESEL EMISSION INSPEC Synopsis of Bill as introduced: Amends the Illinois Vehicle Code. Provides that all diesel-- powered vehicles weighing 8,000 pounds or more shall be subject to the State's vehicle emission inspection program (currently, only vehicles owned by residents of an affected county are subject to the program). Provides for the emission inspection procedures and standards of diesel-powered vehicles weighing 8,000 pounds or more. Provides for random inspections of diesel-powered vehicles weighing 8,000 pounds or more at weigh stations, roadside, or other reasonable locations throughout the State. Provides that a violation of the emission standards for diesel-powered vehicles weighing 8,000 or more pounds is a petty offense punishable by a fine of not less than $400, except that a third violation within one year of the first violation is a Class C misdemeanor. Provides that State agencies concerned with the administration and enforcement of the emission inspections of these vehicles be reimbursed for the expenses of the program from the General Revenue Fund. FISCAL NOTE (Environmental Protection Agency) Total first year fiscal impact would be $20 million; following annual totals would be $10 million. HOUSE AMENDMENT NO. 1. Deletes reference to: 625 ILCS 5/13B-15 625 ILCS 5/13B-20 625 ILCS 5/13B-25 625 ILCS 5/13B-40 625 ILCS 5/13B-50 625 ILCS 5/13B-60 Adds reference to: 625 ILCS 5/13-100.1 new 625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101 625 ILCS 5/13-101.2 new 625 ILCS 5/13-102.1 new 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/13-114 from Ch. 95 1/2, par. 13-114 625 ILCS 5/13-116.1 new Deletes everything. Further amends the Illinois Vehicle Code to provide that residents and units of local governments of certain counties and townships are subject to emission inspection once a year by the Department of Transportation for diesel-powered vehicles re- gistered for a gross weight of more than 8,000 pounds when the vehicle submitted for its safety test. Authorizes the Department of State Police to conduct random emission inspections Statewide of diesel-- powered vehicles registered for a gross weight of more than 8,000 pounds. Provides that a vehicle owner who fails an emission inspection for a diesel-powered vehicle shall have 30 days to correct the problem; after 30 days the vehicle is placed out-of-service. Requires the Department of Transportation and the Department of State Police to conduct annual studies on their diesel-powered vehicle emission inspection practices and report their findings to the General Assembly. Provides that only moneys from the General Revenue Fund be used for the diesel emission inspection. Effective January 1, 2000. FISCAL NOTE, H-AM 1 (Environmental Protection Agency) EPA estimates no additional costs from HA #1. STATE MANDATES NOTE (Dept. of Commerce and Community Affairs) Does not create a State mandate. FISCAL NOTE, H-AM 1 (Department of Transportation) Total projected implementation cost is $1,797,000. HOME RULE NOTE, H-AM 1 (Department of Commerce and Community Affairs) HB 2031 (H-am 1) does not pre-empt home rule authority. STATE MANDATES NOTE, H-AM 1 (Department of Commerce and Community Affairs) HB 2031 does not create a State mandate. HOME RULE NOTE, H-AM 2, 3 (Department of Commerce and Community Affairs) HB 2031 (H-ams 2 and 3) pre-empts home rule authority. STATE MANDATES NOTE, H-AM 2, 3 (Department of Commerce and Community Affairs) HB 2031 (H-ams 2 and 3) does not create a mandate. FISCAL NOTE, H-AM 3 (Department of Transportation) Same as previous DOT fiscal note. HOUSE AMENDMENT NO. 2. Adds reference to: 30 ILCS 105/5.490 new 625 ILCS 5/13-101.3 new 625 ILCS 5/13-103 from Ch. 95 1/2, par. 13-103 625 ILCS 5/13-114 from Ch. 95 1/2, par. 13-114 Deletes everything. Replaces the substance of H-am No. 1. Amends the Illinois Vehicle Code to provide that residents and units of local government of certain counties and townships are subject to emission inspection once a year by the Department of Transportation for diesel-powered vehicles registered for a gross weight of more than 8,000 pounds when the vehicle is submitted for its safety test. Authorizes the Department of State Police to conduct nonscheduled emission inspections Statewide of diesel-powered vehicles registered for a gross weight of more than 8,000 pounds. Authorizes the Department of State Police to promulgate rules for the training and certification of persons who conduct nonscheduled emission inspections. Provides that a vehicle owner who fails an emission inspection for a diesel-powered vehicle shall be issued a warning notice; after 30 days if the vehicle fails a retest, the vehicle is placed out-of-service. Provides that violations of the diesel emission standards is a business offense and the operator is subject to specified fines, to be deposited in the Diesel Emissions Testing Fund. Requires the Department of Transportation and the Department of State Police to conduct annual studies on their diesel-powered vehicle emission inspection practices and report their findings to the General Assembly. Provides that only moneys from the General Revenue Fund or the Diesel Emissions Testing Fund may be used for the diesel emission inspection. Amends the State Finance Act to create the Diesel Emissions Testing Fund. HOUSE AMENDMENT NO. 3. Adds reference to: 30 ILCS 805/8.23 new 625 ILCS 5/13-117 new Amends the State Mandates Act to provide that no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 91st General Assembly. Further amends the Illinois Vehicle Code to preempt home rule by providing that diesel emission inspections of a unit of local government within the affected areas must meet or exceed the procedures and standards set by the State and that a unit of local government within the affected areas must comply with the diesel emission inspections required by the State. SENATE AMENDMENT NO. 1. Deletes reference to: 625 ILCS 5/13-101 625 ILCS 5/13-109 Adds reference to: 625 ILCS 5/13-109.1 new 625 ILCS 5/13-109.2 new 625 ILCS 5/13-109.3 new Further amends the Illinois Vehicle Code to provide, until December 31, 2002, a lower smoke opacity standard for vehicles that are model years 1973 or older. Provides that the diesel emission inspections shall not be performed on vehicles that are not more than 2 years old or that are of a gross weight of 16,000 pounds or less (rather than 8,000 pounds or less). Provides for a 6-month period after the effective date of this amendatory Act during which a person who violates the diesel emission standards shall receive only a warning citation. Provides that an owner of a diesel-powered vehicle that exceeds the diesel emission standards who permits the operation of that vehicle upon the highways of this State shall be guilty of a petty offense and fined in the same manner as if he or she was the operator of the vehicle. Provides that the annual emission inspections need not be part of the safety tests. Effective July 1, 2000. SENATE AMENDMENT NO. 2. Deletes reference to: 625 ILCS 5/13-101.2 new 625 ILCS 5/13-101.3 new Adds reference to: 625 ILCS 5/13-106 from Ch. 95 1/2, par. 13-106 Deletes everything. Reinserts the bill as amended by Senate Amendment No. 1, with certain exceptions. Removes all provisions of the nonscheduled diesel emission inspections, including the authority granted to the Department of State Police to oversee the nonscheduled emission inspections. Removes the provisions making it a petty offense for an owner of a diesel-powered vehicle to permit the operation of that vehicle if that vehicle is in violation of the diesel emission standards. Provides that no emergency vehicle may be placed out-of-service for a violation of the diesel omission standards. Requires every operator of an official testing station to file a schedule of his or her rates and charges for diesel emission tests. Preempts home rule by providing that diesel emission inspections of a unit of local government within the affected areas must meet or exceed the standards set by the State. Last action on Bill: PUBLIC ACT.............................. 91-0254 Last action date: 99-07-23 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 2 END OF INQUIRY Full Text Bill Status