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.)