Bill Text: IL SB2563 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Provides that the Department of Transportation shall issue a permit to the proprietor of a vehicle service company that meets certain requirements to operate an official portable emissions testing company. Provides that a permittee may test the permittee's own second division vehicles and issue certificates of safety and conduct emission inspections of the permittee's own second division vehicles. Adds language governing fees, bonding, and oversight of official portable emissions testing companies. Makes corresponding changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0566 [SB2563 Detail]

Download: Illinois-2021-SB2563-Chaptered.html

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Public Act 102-0566
SB2563 Enrolled LRB102 15863 RAM 21232 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 13-102.1, 13-106, 13-107, 13-108, and
13-109.1 and by adding Sections 13-102.2, 13-103.3 and
13-105.1 as follows:
(625 ILCS 5/13-102.1)
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 or having a gross vehicle weight rating 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 study 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, separating the number of

inspections conducted at a brick-and-mortar official
testing station and the number of inspections conducted by
an official portable emissions testing company;
(b) the number of diesel powered vehicles that failed
and passed the emission inspections conducted pursuant to
this Chapter 13 during the previous year, separating the
number of inspections conducted at a brick-and-mortar
official testing station and the number of inspections
conducted by an official portable emissions testing
company; and
(c) the number of diesel powered vehicles that failed
the emission inspections conducted pursuant to this
Chapter 13 more than once in the previous year, separating
the number of inspections conducted at a brick-and-mortar
official testing station and the number of inspections
conducted by an official portable emissions testing
company.
(Source: P.A. 100-700, eff. 8-3-18.)
(625 ILCS 5/13-102.2 new)
Sec. 13-102.2. Diesel Emissions Opacity Report.
(a) By March 15, 2023, the Department of Transportation
shall make available to the public a report that includes the
following:
(1) a summary and disclosure of actual Department
diesel emission testing data for at least one year through

December 31, 2022, including an analysis of opacity levels
recorded from actual opacity tests conducted, keyed to the
model year of the vehicle and mileage;
(2) a census of the opacity limits for other states
and Environmental Protection Agency (EPA) non-attainment
areas in the United States;
(3) a summary of actual air quality data in Illinois
compared to actual air quality data from other states and
EPA non-attainment areas in the United States; and
(4) substantive input from trucking or transportation
companies and the public, including environmental justice
communities, in the affected areas on the impact of
stricter opacity limits.
(b) In the report, the Department must include the
following items in an effort for the State to better
understand the technology, repair, and enforcement elements of
diesel emissions standards in Illinois:
(1) an analysis of the feasibility of including an
onboard diagnostics (OBD) testing regime for vehicles
model year 2010 and newer that are compatible with such
testing; and
(2) recommendations for improving the effectiveness of
the diesel emissions testing program.
(625 ILCS 5/13-103.3 new)
Sec. 13-103.3. Official portable emissions testing

company; fee; permit; bond. Upon the payment of a fee of $10
and the filing of an application by the proprietor of any
vehicle service company 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 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 adopted 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 the vehicle service company to operate an
official portable emissions testing company. An official
portable emissions testing company shall only conduct portable
emissions inspections for diesel fleets with 5 or more diesel
vehicles required to be inspected under subsection (a) of
Section 13-109.1, and only at the fleet owner's place of
business. A permit issued under this Section shall expire 12
months following its issuance, but may be renewed annually by
complying with this Section and upon the payment of a renewal
fee of $10. No person or vehicle service company shall operate
as an official portable emissions testing company without
having been issued a permit as provided in this Section.
A permittee under this Section may test second division
vehicles owned, operated, or controlled by the permittee to
conduct emission inspections of such vehicles in accordance
with Section 13-109.1. A permittee under this Section may

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

testing company.
(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
Sec. 13-106. Rates and charges by official testing
stations and official portable emissions testing companies;
schedule stations-Schedule to be filed. Every operator of an
official testing station or official portable emissions
testing company 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 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 or official portable emissions testing company
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 or official portable
emissions testing company 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 or
official portable emissions testing company shall charge more
or less than the rates so filed with and approved by the
Department.
(Source: P.A. 91-254, eff. 7-1-00.)
(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 13-107. Investigation of complaints against official
testing stations and official portable emissions testing
companies. The Department shall, upon its own motion, or upon
charges made in writing verified under oath, investigate
complaints that an official testing station or official
portable emissions testing company is willfully falsifying
records or tests, either for the purpose of selling parts or
services not actually required, or for the purpose of issuing
a certificate of safety for a vehicle designed to carry 15 or
fewer passengers operated by a contract carrier transporting
employees in the course of their employment on a highway of
this State, second division vehicle, or medical transport
vehicle that is not in safe mechanical condition as determined
by the standards of this Chapter in violation of the

provisions of this Chapter or of the rules and regulations
issued by the Department.
The Secretary of Transportation, for the purpose of more
effectively carrying out the provisions of Chapter 13, may
appoint such a number of inspectors as he may deem necessary.
Such inspectors shall inspect and investigate applicants for
official testing station or official portable emissions
testing company permits and investigate and report violations.
With respect to enforcement of the provisions of this Chapter
13, such inspectors shall have and may exercise throughout the
State all the powers of police officers.
The Secretary must authorize to each inspector and to any
other employee of the Department exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and (ii)
contains a unique identifying number. No other badge shall be
authorized by the Department. Nothing in this Section
prohibits the Secretary from issuing shields or other
distinctive identification to employees not exercising the
powers of a peace officer if the Secretary determines that a
shield or distinctive identification is needed by the employee
to carry out his or her responsibilities.
(Source: P.A. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
Sec. 13-108. Hearing on complaint against official testing

station or official portable emissions testing company;
suspension station-Suspension or revocation of permit. If it
appears to the Department, either through its own
investigation or upon charges verified under oath, that any of
the provisions of this Chapter or the rules and regulations of
the Department, are being violated, the Department, shall
after notice to the person, firm or corporation charged with
such violation, conduct a hearing. At least 10 days prior to
the date of such hearing the Department shall cause to be
served upon the person, firm or corporation charged with such
violation, a copy of such charge or charges by registered mail
or by the personal service thereof, together with a notice
specifying the time and place of such hearing. At the time and
place specified in such notice the person, firm or corporation
charged with such violation shall be given an opportunity to
appear in person or by counsel and to be heard by the Secretary
of Transportation or an officer or employee of the Department
designated in writing by him to conduct such hearing. If it
appears from the hearing that such person, firm or corporation
is guilty of the charge preferred against him or it, the
Secretary of Transportation may order the permit suspended or
revoked, and the bond forfeited. Any such revocation or
suspension shall not be a bar to subsequent arrest and
prosecution for violation of this Chapter.
(Source: P.A. 78-255.)

(625 ILCS 5/13-109.1)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties; funds.
(a) For each diesel powered vehicle that (i) is registered
for a gross weight of more than 16,000 pounds, (ii) is
registered within an affected area, and (iii) is a 2 year or
older model year, an annual emission inspection test shall be
conducted at an official testing station or by an official
portable emissions testing company certified by the Illinois
Department of Transportation 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.
(a-5) (Blank).
(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 under subsection (a)
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 or
official portable emissions testing company 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 or official
portable emissions testing company 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 or
through an official portable emissions testing company, the
certified emissions testing operator , 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, or an
official portable emissions testing company 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.
(c-5) (Blank).
(d) (Blank).
(Source: P.A. 100-700, eff. 8-3-18.)