SB2563 EnrolledLRB102 15863 RAM 21232 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 13-102.1, 13-106, 13-107, 13-108, and
613-109.1 and by adding Sections 13-102.2, 13-103.3 and
713-105.1 as follows:
 
8    (625 ILCS 5/13-102.1)
9    Sec. 13-102.1. Diesel powered vehicle emission inspection
10report. Beginning July 1, 2000, the Department of
11Transportation shall conduct an annual study concerned with
12the results of emission inspections for diesel powered
13vehicles registered for a gross weight of more than 16,000
14pounds or having a gross vehicle weight rating of more than
1516,000 pounds. The study shall be reported to the General
16Assembly by June 30, 2001, and every June 30 thereafter. The
17study shall also be sent to the Illinois Environmental
18Protection Agency for its use in environmental matters.
19    The study shall include, but not be limited to, the
20following 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
22shall make available to the public a report that includes the
23following:
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
15following items in an effort for the State to better
16understand the technology, repair, and enforcement elements of
17diesel 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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1company; fee; permit; bond. Upon the payment of a fee of $10
2and the filing of an application by the proprietor of any
3vehicle service company upon forms furnished by the
4Department, accompanied by proof of experience, training, and
5ability of the operator of the testing equipment, together
6with proof of approved testing equipment as defined in Section
713-102 and the giving of a bond conditioned upon faithful
8observance of this Section and of rules adopted by the
9Department in the amount of $1,000 with security approved by
10the Department, the Department shall issue a permit to the
11proprietor of the vehicle service company to operate an
12official portable emissions testing company. An official
13portable emissions testing company shall only conduct portable
14emissions inspections for diesel fleets with 5 or more diesel
15vehicles required to be inspected under subsection (a) of
16Section 13-109.1, and only at the fleet owner's place of
17business. A permit issued under this Section shall expire 12
18months following its issuance, but may be renewed annually by
19complying with this Section and upon the payment of a renewal
20fee of $10. No person or vehicle service company shall operate
21as an official portable emissions testing company without
22having been issued a permit as provided in this Section.
23    A permittee under this Section may test second division
24vehicles owned, operated, or controlled by the permittee to
25conduct emission inspections of such vehicles in accordance
26with Section 13-109.1. A permittee under this Section may

 

 

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1conduct interstate inspections on interstate carriers in
2accordance with 49 CFR Part 396.
3    Each permit issued by the Department shall state on its
4face the location of the recordkeeping office of the
5proprietor of the official portable emissions testing company.
6However, the Department, upon application, may authorize a
7change in the location of the recordkeeping office. Upon the
8approval of such an application, the Department shall issue an
9endorsement to be fixed by the applicant to the permit. Such an
10endorsement constitutes authority for the applicant to make
11the change in location.
 
12    (625 ILCS 5/13-105.1 new)
13    Sec. 13-105.1. Inspection of official portable emissions
14testing company. Employees specifically authorized by the
15Department shall inspect, at frequent intervals, vehicles,
16equipment, and the recordkeeping office used by an official
17portable emissions testing company. Department employees under
18this Section shall have access to all records, relating to
19tests and work done or parts sold as a result of such tests, to
20ascertain whether tests are properly, fairly, and honestly
21made. Department employees under this Section may examine the
22owner of an official portable emissions company or any officer
23or employee thereof under oath. The Department shall conduct
24periodic nonscheduled inspections of the premises of vehicles
25owned and operated by a licensed official portable emissions

 

 

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1testing 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
4stations and official portable emissions testing companies;
5schedule stations-Schedule to be filed. Every operator of an
6official testing station or official portable emissions
7testing company shall file with the Department, in the manner
8prescribed by the Department, a schedule of all rates and
9charges made by him for performing the tests provided for in
10Section 13-101 and Section 13-109.1. Such rate or charge shall
11include an amount to reimburse the operator of the official
12testing station or official portable emissions testing company
13for the purchase from the Department of the certificate of
14safety required by this chapter, not to exceed that fee paid to
15the Department by the operator authorized by this chapter.
16Such rates and charges shall be just and reasonable and the
17Department upon its own initiative or upon complaint of any
18person or corporation may require the testing station operator
19to appear for a hearing and prove that the rates so filed are
20just and reasonable. A "just and reasonable" rate or charge,
21for the purposes of this Section, means a rate or charge which
22is the same, or nearly the same, as the prevailing rate or
23charge for the same or similar tests made in the community
24where the station is located. No operator may change this
25schedule of rates and charges until the proposed changes are

 

 

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1filed with and approved by the Department. No license may be
2issued to any official testing station or official portable
3emissions testing company unless the applicant has filed with
4the Department a proposed schedule of rates and charges and
5unless such rates and charges have been approved by the
6Department. No operator of an official testing station or
7official portable emissions testing company shall charge more
8or less than the rates so filed with and approved by the
9Department.
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
13testing stations and official portable emissions testing
14companies. The Department shall, upon its own motion, or upon
15charges made in writing verified under oath, investigate
16complaints that an official testing station or official
17portable emissions testing company is willfully falsifying
18records or tests, either for the purpose of selling parts or
19services not actually required, or for the purpose of issuing
20a certificate of safety for a vehicle designed to carry 15 or
21fewer passengers operated by a contract carrier transporting
22employees in the course of their employment on a highway of
23this State, second division vehicle, or medical transport
24vehicle that is not in safe mechanical condition as determined
25by the standards of this Chapter in violation of the

 

 

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1provisions of this Chapter or of the rules and regulations
2issued by the Department.
3    The Secretary of Transportation, for the purpose of more
4effectively carrying out the provisions of Chapter 13, may
5appoint such a number of inspectors as he may deem necessary.
6Such inspectors shall inspect and investigate applicants for
7official testing station or official portable emissions
8testing company permits and investigate and report violations.
9With respect to enforcement of the provisions of this Chapter
1013, such inspectors shall have and may exercise throughout the
11State all the powers of police officers.
12    The Secretary must authorize to each inspector and to any
13other employee of the Department exercising the powers of a
14peace officer a distinct badge that, on its face, (i) clearly
15states that the badge is authorized by the Department and (ii)
16contains a unique identifying number. No other badge shall be
17authorized by the Department. Nothing in this Section
18prohibits the Secretary from issuing shields or other
19distinctive identification to employees not exercising the
20powers of a peace officer if the Secretary determines that a
21shield or distinctive identification is needed by the employee
22to 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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1station or official portable emissions testing company;
2suspension station-Suspension or revocation of permit. If it
3appears to the Department, either through its own
4investigation or upon charges verified under oath, that any of
5the provisions of this Chapter or the rules and regulations of
6the Department, are being violated, the Department, shall
7after notice to the person, firm or corporation charged with
8such violation, conduct a hearing. At least 10 days prior to
9the date of such hearing the Department shall cause to be
10served upon the person, firm or corporation charged with such
11violation, a copy of such charge or charges by registered mail
12or by the personal service thereof, together with a notice
13specifying the time and place of such hearing. At the time and
14place specified in such notice the person, firm or corporation
15charged with such violation shall be given an opportunity to
16appear in person or by counsel and to be heard by the Secretary
17of Transportation or an officer or employee of the Department
18designated in writing by him to conduct such hearing. If it
19appears from the hearing that such person, firm or corporation
20is guilty of the charge preferred against him or it, the
21Secretary of Transportation may order the permit suspended or
22revoked, and the bond forfeited. Any such revocation or
23suspension shall not be a bar to subsequent arrest and
24prosecution 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;
3standards; penalties; funds.
4    (a) For each diesel powered vehicle that (i) is registered
5for a gross weight of more than 16,000 pounds, (ii) is
6registered within an affected area, and (iii) is a 2 year or
7older model year, an annual emission inspection test shall be
8conducted at an official testing station or by an official
9portable emissions testing company certified by the Illinois
10Department of Transportation to perform diesel emission
11inspections pursuant to the standards set forth in subsection
12(b) of this Section. This annual emission inspection test may
13be conducted in conjunction with a semi-annual safety test.
14    (a-5) (Blank).
15    (b) Diesel emission inspections conducted under this
16Chapter 13 shall be conducted in accordance with the Society
17of Automotive Engineers Recommended Practice J1667
18"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
19Powered Vehicles" and the cutpoint standards set forth in the
20United States Environmental Protection Agency guidance
21document "Guidance to States on Smoke Opacity Cutpoints to be
22used with the SAE J1667 In-Use Smoke Test Procedure". Those
23procedures and standards, as now in effect, are made a part of
24this Code, in the same manner as though they were set out in
25full in this Code.
26    Notwithstanding the above cutpoint standards, for motor

 

 

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1vehicles that are model years 1973 and older, until December
231, 2002, the level of peak smoke opacity shall not exceed 70
3percent. Beginning January 1, 2003, for motor vehicles that
4are model years 1973 and older, the level of peak smoke opacity
5shall not exceed 55 percent.
6    (c) If the annual emission inspection under subsection (a)
7reveals that the vehicle is not in compliance with the diesel
8emission standards set forth in subsection (b) of this
9Section, the operator of the official testing station or
10official portable emissions testing company shall issue a
11warning notice requiring correction of the violation. The
12correction shall be made and the vehicle submitted to an
13emissions retest at an official testing station or official
14portable emissions testing company certified by the Department
15to perform diesel emission inspections within 30 days from the
16issuance of the warning notice requiring correction of the
17violation.
18    If, within 30 days from the issuance of the warning
19notice, the vehicle is not in compliance with the diesel
20emission standards set forth in subsection (b) as determined
21by an emissions retest at an official testing station or
22through an official portable emissions testing company, the
23certified emissions testing operator , the operator of the
24official testing station or the Department shall place the
25vehicle out-of-service in accordance with the rules
26promulgated by the Department. Operating a vehicle that has

 

 

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1been placed out-of-service under this subsection (c) is a
2petty offense punishable by a $1,000 fine. The vehicle must
3pass a diesel emission inspection at an official testing
4station before it is again placed in service. The Secretary of
5State, Department of State Police, and other law enforcement
6officers shall enforce this Section. No emergency vehicle, as
7defined in Section 1-105, may be placed out-of-service
8pursuant to this Section.
9    The Department, or an official testing station, or an
10official portable emissions testing company may issue a
11certificate of waiver subsequent to a reinspection of a
12vehicle that failed the emissions inspection. Certificate of
13waiver shall be issued upon determination that documented
14proof demonstrates that emissions repair costs for the
15noncompliant vehicle of at least $3,000 have been spent in an
16effort to achieve compliance with the emission standards set
17forth in subsection (b). The Department of Transportation
18shall adopt rules for the implementation of this subsection
19including standards of documented proof as well as the
20criteria by which a waiver shall be granted.
21    (c-5) (Blank).
22    (d) (Blank).
23(Source: P.A. 100-700, eff. 8-3-18.)