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Public Act 91-0254
HB2031 Enrolled LRB9104097KSgcC
AN ACT concerning motor vehicles, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Diesel Emissions Testing Fund.
Section 7. The State Mandates Act is amended by adding
Section 8.23 as follows:
(30 ILCS 805/8.23 new)
Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 91st General Assembly.
Section 10. The Illinois Vehicle Code is amended by
changing Sections 13-103, 13-106, and 13-114 and adding
Sections 13-100.1, 13-102.1, 13-109.1, 13-109.2, 13-109.3,
13-116.1, and 13-117 as follows:
(625 ILCS 5/13-100.1 new)
Sec. 13-100.1. Definitions. As used in this Chapter,
"affected areas" means the counties of Cook, DuPage, Lake,
Kane, McHenry, Will, Madison, St. Clair, and Monroe and the
townships of Aux Sable and Goose Lake in Grundy County and
the township of Oswego in Kendall County.
(625 ILCS 5/13-102.1 new)
Sec. 13-102.1. Diesel powered vehicle emission
inspection report. Beginning July 1, 2000, the Department of
Transportation shall conduct an annual study concerned with
the results of emission inspections for diesel powered
vehicles registered for a gross weight of more than 16,000
pounds. The study shall be reported to the General Assembly
by June 30, 2001, and every June 30 thereafter. The study
shall also be sent to the Illinois Environmental Protection
Agency for its use in environmental matters.
The studies shall include, but not be limited to, the
following information:
(a) the number of diesel powered vehicles that were
inspected for emission compliance pursuant to this
Chapter 13 during the previous year;
(b) the number of diesel powered vehicles that
failed and passed the emission inspections required
pursuant to this Chapter 13 during the previous year; and
(c) the number of diesel powered vehicles that
failed the emission inspections pursuant to this Chapter
13 more than once in the previous year.
(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
Sec. 13-103. Official testing stations - Fee - Permit -
Bond. Upon the payment of a fee of $10 and the filing of an
application by the proprietor of any vehicle service station
or public or private garage upon forms furnished by the
Department, accompanied by proof of experience, training and
ability of the operator of the testing equipment, together
with proof of installation of approved testing equipment as
defined in Section 13-102 and the giving of a bond
conditioned upon faithful observance of this Section and of
rules and regulations issued by the Department in the amount
of $1,000 with security approved by the Department, the
Department shall issue a permit to the proprietor of such
vehicle service station or garage to operate an Official
Testing Station. Such permit shall expire 12 months following
its issuance, but may be renewed annually by complying with
the requirements set forth in this Section and upon the
payment of a renewal fee of $10. Proprietors of official
testing stations for which permits have been issued prior to
the effective date of this Act may renew such permits for the
renewal fee of $10 on the expiration of each 12 months
following issuance of such permits, by complying with the
requirements set forth in this Section. However, any city,
village or incorporated town shall upon application to the
Department and without payment of any fee or filing of any
bond, but upon proof of experience, training and ability of
the operator of the testing equipment, and proof of the
installation of approved testing equipment as defined in
Section 13-102, be issued a permit to operate such testing
station as an Official Testing Station under this Act. The
permit so issued shall at all times be displayed in a
prominent place in the vehicle service station, garage or
municipal testing station which is licensed as an Official
Testing Station under this Act. No person or vehicle service
station, garage or municipal testing station shall in any
manner claim or represent himself or itself to be an official
testing station unless a permit has been issued to him or it
as provided in this Section.
Any person or municipality who or which has received a
permit under this Section may test his or its own second
division vehicles and issue certificates of safety and
conduct emission inspections of his or its own second
division vehicles in accordance with the requirements of
Section 13-109.1 with respect to any such second division
vehicles owned, operated or controlled by him or it.
Each such permit issued by the Department shall state on
its face the location of the official testing station to be
operated under the permit and safety tests shall be made only
at such location. However, the Department may, upon
application, authorize a change in the location of the
official testing station and the removal of the testing
equipment to the new location. Upon approval of such
application, the Department shall issue an endorsement which
the applicant shall affix to his permit. Such endorsement
constitutes authority for the applicant to make such change
in location and to remove his testing equipment at the times
and to the places stated in the endorsement.
(Source: P.A. 80-606.)
(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
Sec. 13-106. Rates and charges by official testing
stations-Schedule to be filed. Every operator of an official
testing station shall file with the Department, in the manner
prescribed by the Department, a schedule of all rates and
charges made by him for performing the tests test provided
for in Section 13-101 and Section 13-109.1. Such rate or
charge shall include an amount to reimburse the operator of
the official testing station for the purchase from the
Department of the certificate of safety required by this
chapter, not to exceed that fee paid to the Department by the
operator authorized by this chapter. Such rates and charges
shall be just and reasonable and the Department upon its own
initiative or upon complaint of any person or corporation may
require the testing station operator to appear for a hearing
and prove that the rates so filed are just and reasonable. A
"just and reasonable" rate or charge, for the purposes of
this Section, means a rate or charge which is the same, or
nearly the same, as the prevailing rate or charge for the
same or similar tests made in the community where the station
is located. No operator may change this schedule of rates
and charges until the proposed changes are filed with and
approved by the Department. No license may be issued to any
official testing station unless the applicant has filed with
the Department a proposed schedule of rates and charges and
unless such rates and charges have been approved by the
Department. No operator of an official testing station shall
charge more or less than the rates so filed with and approved
by the Department.
(Source: P.A. 80-606.)
(625 ILCS 5/13-109.1 new)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties; funds.
(a) For each diesel powered vehicle that is registered
for a gross weight of more than 16,000 pounds, is registered
within an affected area, and is a 2 year or older model year,
an annual emission inspection test shall be conducted at an
official testing station certified by the Department to
perform diesel emission inspections pursuant to the standards
set forth in subsection (b) of this Section. This annual
emission inspection test may be conducted in conjunction with
a semi-annual safety test.
(b) Diesel emission inspections conducted under this
Chapter 13 shall be conducted in accordance with the Society
of Automotive Engineers Recommended Practice J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
Powered Vehicles" and the cutpoint standards set forth in the
United States Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be
used with the SAE J1667 In-Use Smoke Test Procedure". Those
procedures and standards, as now in effect, are made a part
of this Code, in the same manner as though they were set out
in full in this Code.
Notwithstanding the above cutpoint standards, for motor
vehicles that are model years 1973 and older, until December
31, 2002, the level of peak smoke opacity shall not exceed 70
percent. Beginning January 1, 2003, for motor vehicles that
are model years 1973 and older, the level of peak smoke
opacity shall not exceed 55 percent.
(c) If the annual emission inspection reveals that the
vehicle is not in compliance with the diesel emission
standards set forth in subsection (b) of this Section, the
operator of the official testing station shall issue a
warning notice requiring correction of the violation. The
correction shall be made and the vehicle submitted to an
emissions retest at an official testing station certified by
the Department to perform diesel emission inspections within
30 days from the issuance of the warning notice requiring
correction of the violation.
If, within 30 days from the issuance of the warning
notice, the vehicle is not in compliance with the diesel
emission standards set forth in subsection (b) as determined
by an emissions retest at an official testing station, the
operator of the official testing station or the Department
shall place the vehicle out-of-service in accordance with the
rules promulgated by the Department. Operating a vehicle that
has been placed out-of-service under this subsection (c) is a
petty offense punishable by a $1,000 fine. The vehicle must
pass a diesel emission inspection at an official testing
station before it is again placed in service. The Secretary
of State, Department of State Police, and other law
enforcement officers shall enforce this Section. No emergency
vehicle, as defined in Section 1-105, may be placed
out-of-service pursuant to this Section.
The Department or an official testing station may issue a
certificate of waiver subsequent to a reinspection of a
vehicle that failed the emissions inspection. Certificate of
waiver shall be issued upon determination that documented
proof demonstrates that emissions repair costs for the
noncompliant vehicle of at least $3,000 have been spent in an
effort to achieve compliance with the emission standards set
forth in subsection (b). The Department of Transportation
shall adopt rules for the implementation of this subsection
including standards of documented proof as well as the
criteria by which a waiver shall be granted.
(d) There is hereby created within the State Treasury a
special fund to be known as the Diesel Emissions Testing
Fund, constituted from the fines collected pursuant to
subsection (c) of this Section. Subject to appropriation,
moneys from the Diesel Emissions Testing Fund shall be
available, as a supplement to moneys appropriated from the
General Revenue Fund, to the Department of Transportation for
its implementation of the diesel emission inspection
requirements under this Chapter 13. All moneys received from
fines imposed under this Section shall be paid into the
Diesel Emissions Testing Fund. All citations issued pursuant
to this Section shall be considered non-moving violations.
The Department of Transportation is authorized to promulgate
rules to implement its responsibilities under this Section.
(625 ILCS 5/13-109.2 new)
Sec. 13-109.2. Pollution Control Board diesel emission
standards and tests. Within 8 months of the effective date
of this amendatory Act of the 91st General Assembly, the
Pollution Control Board shall amend its heavy-duty diesel
smoke opacity standards and test procedures to be consistent
with the procedures and standards set forth in Section
13-109.1.
(625 ILCS 5/13-109.3 new)
Sec. 13-109.3. Exemption from diesel emissions
inspections. Second division vehicles being operated on
plates issued pursuant to subsection (c) of Section 3-815 are
exempt from the diesel emissions inspection requirements set
forth in this Chapter.
(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
Sec. 13-114. Interstate carriers of property. Any
vehicle registered in Illinois and operated by an interstate
carrier of property shall be exempt from the provisions of
this Chapter provided such carrier has registered with the
Bureau of Motor Carrier Safety of the Federal Highway
Administration as an interstate motor carrier of property and
has been assigned a federal census number by such Bureau. An
interstate carrier of property, however, is not exempt from
the provisions of Section 13-111(b) of this Chapter.
Any vehicle registered in Illinois and operated by a
private interstate carrier of property shall be exempt from
the provisions of this Chapter, except the provisions of
Section 13-111(b), provided it:
1. is registered with the Bureau of Motor Carrier
Safety of the Federal Highway Administration, and
2. carries in the motor vehicle documentation
issued by the Bureau of Motor Carrier Safety of the
Federal Highway Administration displaying the federal
census number assigned, and
3. displays on the sides of the motor vehicle the
census number, which must be no less than 2 inches high,
with a brush stroke no less than 1/4 inch wide in a
contrasting color.
Notwithstanding any other provision of this Section, each
diesel powered vehicle that is registered for a gross weight
of more than 16,000 pounds, registered within the affected
area, and operated by an interstate carrier of property or a
private interstate carrier of property within the affected
area is subject to the provisions of this Chapter that
pertain to diesel emission inspections.
(Source: P.A. 85-1407.)
(625 ILCS 5/13-116.1 new)
Sec. 13-116.1. Emission inspection funding. The
Department of Transportation shall be reimbursed for all
expenses related to the training, equipment, recordkeeping,
and conducting of diesel powered emission inspections
pursuant to this Chapter 13 when that testing is conducted
within the affected areas, subject to appropriation, from the
General Revenue Fund and the Diesel Emissions Testing Fund.
No moneys from any funds other than the General Revenue Fund
and the Diesel Emissions Testing Fund shall be appropriated
for diesel emission inspections under this Chapter 13.
(625 ILCS 5/13-117 new)
Sec. 13-117. Home rule. A unit of local government
within the affected areas, including home rule units, shall
not require or conduct a diesel emission inspection program
that does not meet or exceed the standards of the diesel
emission inspections provided for in this Chapter 13. A unit
of local government within the affected areas, including home
rule units, must affirmatively comply with the diesel
emission inspection requirements of this Chapter 13. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
Section 99. Effective date. This Act takes effect on
July 1, 2000.
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