Bill Amendment: IL SB3980 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ZERO EMISSION VEHICLE ACT

Status: 2026-03-27 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB3980 Detail]

Download: Illinois-2025-SB3980-Senate_Amendment_001.html

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Sen. Mike Porfirio

Filed: 3/10/2026

 

 

 

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AMENDMENT TO SENATE BILL 3980
AMENDMENT NO. ______. Amend Senate Bill 3980 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be referred to as the
Diesel Emissions Accountability and Fleet Data Act.
Section 5. The Illinois Vehicle Code is amended by
changing Sections 13-102.1 and 13-109.1 and by adding Section
18c-1206 as follows:
(625 ILCS 5/13-102.1)
Sec. 13-102.1. Diesel-powered 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 diesel powered vehicles registered for a gross
weight of more than 16,000 pounds or having a gross vehicle

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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. Beginning July 1, 2027, the Department
of Transportation must include the results of emission
inspections for diesel-powered vehicles registered for a gross
weight of more than 10,000 pounds or having a gross vehicle
weight rating of more than 10,000 pounds in the annual study
required under this Section.
The study shall include, but not be limited to, the
following information:
(a) the number of diesel-powered 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 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

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(c) the number of diesel-powered 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. 102-566, eff. 1-1-22.)
(625 ILCS 5/13-109.1)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties; funds.
(a) Until June 30, 2027, for 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) or (b-2) of this Section, as
applicable. This annual emission inspection test may be
conducted in conjunction with a semi-annual safety test.
Beginning July 1, 2027, for each diesel-powered vehicle
that is registered for a gross weight of more than 10,000
pounds, is registered within an affected area, and is a 2-year

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or older model year, an annual emission inspection test must
be conducted at an official testing station or by an official
portable emissions testing company certified by the Department
of Transportation to perform diesel emission inspections under
the standards set forth in subsection (b-2) of this Section.
This annual emission inspection test may be conducted in
conjunction with a semiannual safety test. For purposes of
subsection (a), beginning July 1, 2027, compliance with
emission standards must be determined under subsection (b) or
(b-2), as applicable, based on the vehicle's gross weight and
model year.
(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

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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.
(b-2) Notwithstanding subsection (b), beginning July 1,
2027, diesel emission inspections conducted under Chapter 13
must be in accordance with the Society of Automotive Engineers
Recommended Practice J1667 "Snap-Acceleration Smoke Test
Procedure for Heavy-Duty Diesel Powered Vehicles" and must
determine compliance using the following standards, as
applicable:
(1) For diesel-powered vehicles registered for a gross
weight of more than 14,000 pounds that do not have onboard
diagnostics systems, the level of peak smoke opacity may
not exceed:
(A) 40% opacity for vehicles that are model years
1990 and older;
(B) 30% opacity for vehicles that are model years
1991 through 1996;
(C) 20% opacity for vehicles that are model years
1997 through 2006; and
(D) 5% opacity for vehicles that are model years
2007 through 2012.
(2) An onboard diagnostics testing protocol must be
used to determine that the emissions control system is in
full operation for:
(A) diesel-powered vehicles registered for a gross

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weight of more than 14,000 pounds that are model years
2013 or later; and
(B) diesel-powered vehicles registered for a gross
weight of 10,001 pounds through 14,000 pounds that are
model year 2007 or later.
The Pollution Control Board must amend its smoke opacity
standards and test procedures, and the Department of
Transportation must adopt rules defining onboard diagnostic
testing protocols, training and equipment needs, fee
assessments, and enforcement procedures under this Section.
(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) or (b-2) of
this Section, as applicable, 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) or (b-2), as
applicable, as determined by an emissions retest at an

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official testing station or through an official portable
emissions testing company, the certified emissions testing
operator 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 $2,000 $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,
Illinois 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, 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 $6,000 $3,000 have been spent
in an effort to achieve compliance with the emission standards
set forth in subsection (b) or (b-2) as applicable. 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.

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(c-5) (Blank).
(d) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22;
102-813, eff. 5-13-22.)
(625 ILCS 5/18c-1206 new)
Sec. 18c-1206. Large fleet reporting requirement.
(a) The purpose of this Section is to establish reporting
requirements for motor carriers in the State to gather data on
the transition of medium-duty and heavy-duty vehicles to
zero-emission vehicles over time. This public data will
provide regulators and government agencies with the
information necessary to identify the hardest-to-electrify
sectors and invest public dollars responsibly.
(b) In this Section:
"Common ownership or control" means being owned,
dispatched, or managed on a day-to-day basis by the same
person or entity. Vehicles managed by the same directors,
officers, or managers, or by distinct corporations that are
controlled by the same majority stockholders are considered to
be under common ownership or control, even if their titles are
held by different business entities or they have different
taxpayer identification numbers. A vehicle is considered to be
under an entity's control if that entity operates the vehicle
using that entity's State or federal operating authority or
other registration. Vehicles owned by different entities but

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operated by using common or shared resources to manage the
day-to-day operations by using the same motor carrier number,
displaying the same name or logo, or contractors who represent
the same company are considered to be under common ownership
or control. Common ownership or control of a federal
government vehicle is the primary responsibility of the
governmental agency that is directly responsible for the
day-to-day operational control of the vehicle. Common
ownership or control does not include independent
owner-operators or motor carriers that are dispatched by, but
are not subject to the day-to-day operational direction and
maintenance control of, a broker or third party.
"Drayage truck" means any in-use, on-road vehicle with a
gross vehicle weight rating greater than 33,000 pounds that is
used for transporting cargo, such as containerized, bulk, or
break-bulk goods that:
(1) operates on or transgresses through an Illinois
port, warehouse of 30,000 square feet or larger, or
intermodal railyard property to load, unload, or transport
cargo, including empty containers and chassis; or
(2) operates on off-port or intermodal railyard
property transporting cargo or empty containers or chassis
that originated from or is destined to a port or
intermodal railyard property.
"Drayage truck" does not include trucks that are any of
the following:

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(1) Class 6 or smaller;
(2) unibody vehicles that do not have separate tractor
and trailers, including, but not limited to, dedicated
auto transports, dedicated fuel delivery vehicles,
concrete mixers, and on-road mobile cranes;
(3) emergency vehicles;
(4) military tactical support vehicle; and
(5) off-road vehicles, such as a yard truck or a
mobile crane
"Fleet" means one or more medium-duty or heavy-duty
vehicles owned by a fleet owner or under common ownership or
control of a controlling party. "Fleet" includes rental or
leased vehicles that are considered owned by the fleet owner.
"Fleet" does not include vehicles held solely for sale, lease,
or transfer and not operated on public roadways during the
reporting period.
"Fleet owner" means the person or entity that owns the
vehicles comprising the fleet. The owner is presumed to be
either the person registered with the Secretary of State as
the owner or lessee of a vehicle or its equivalent in another
state, province, or country. Vehicle ownership is based on the
vehicle registration document or the vehicle title, except for
the following:
(1) For vehicles that are owned by the federal
government and not registered in any State or local
jurisdiction, the owner is the department, agency, branch,

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or other entity of the United States, including the United
States Postal Service, to which the vehicles in the fleet
are assigned or that has responsibility for maintenance of
the vehicles.
(2) For vehicles that are rented or leased from a
business that is regularly engaged in the trade or
business of renting or leasing motor vehicles without
drivers, including truck leases that are part of a bundled
service agreement, the owner is presumed to be the rental
or leasing entity for purposes of compliance, unless the
rental or lease agreement for the vehicle is for a period
of one year or longer and the terms of the rental or lease
agreement or other equally reliable evidence identifies
the renting operator or lessee of the vehicle as the party
responsible for compliance with State laws, including for
reporting obligations under this Section.
"Medium-duty or heavy-duty vehicle" means a vehicle with a
gross vehicle weight rating greater than 8,500 pounds.
(c) By no later than July 1, 2027, the Illinois Commerce
Commission must adopt reporting metrics for the purposes of
this Section for large medium-duty and heavy-duty vehicle
fleets operating in Illinois. The Commission must establish
rules and processes governing the collection, submission, and
management of reported vehicle and fuel information to inform
the transition to zero-emission vehicles. The rules must also
provide for coordination and data sharing, as appropriate and

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consistent with State and federal law, among State agencies
including, but not limited to, the Department of
Transportation, the Office of the Secretary of State, and the
Environmental Protection Agency, for the purpose of reducing
duplicative reporting burdens on regulated entities, improving
data accuracy and completeness, and supporting State
transportation planning, infrastructure investment, and
incentive programs. The rules must include significant public
and stakeholder engagement before completion. In adopting
rules under this subsection, the Commission must adhere to the
following:
(1) It must establish reporting metrics that
prioritize public health and climate outcomes for
disadvantaged communities. The final metrics must provide
useful and publicly available information to inform State
incentives, utility planning, and infrastructure
investments for the zero-emission vehicle transition for
communities most burdened by vehicle traffic. At a
minimum, required reporting metrics must include:
(A) fleet size;
(B) vehicle body type;
(C) fuel type; and
(D) vehicle home base.
(2) It must establish eligible entities as a fleet
that operated a facility in Illinois in 2025 and met, at a
minimum, any of the following criteria:

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(A) any fleet owner that had gross annual revenues
greater than $20,000,000 in the United States for the
2025 tax year, including revenues from all
subsidiaries under common ownership and control,
subdivisions, or branches, and had one or more
medium-duty or heavy-duty vehicles under common
ownership or control that were operated in Illinois in
2025;
(B) any fleet owner in the 2025 calendar year that
had 5 or more medium-duty or heavy-duty vehicles under
common ownership or control;
(C) any broker or entity that dispatched 5 or more
medium-duty or heavy-duty vehicles into or throughout
Illinois in 2025;
(D) any State governmental agency, including all
State and local municipalities, that had one or more
medium-duty or heavy-duty vehicles that were operated
in Illinois in 2025; or
(E) any federal governmental agency that had one
or more medium-duty or heavy-duty vehicles that were
operated in Illinois in 2025.
(3) It must establish a reporting frequency of 2 years
for all eligible entities. The results of the reporting
must be made publicly available in an easy-to-understand
and anonymized form, aggregated by geography, sector, or
vehicle class, before the subsequent reporting

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requirement.
(4) It must establish a specific program for drayage
vehicles in this State with a reporting frequency of one
year.
(5) It must provide opportunity for public comment and
engagement before each reporting period begins.
(6) It must establish reasonable penalties for
noncompliance.
(7) It must provide for the repeal of reporting
requirements that is conditioned on the State having
reached the goal of having 100% of the vehicles that are
medium-duty or heavy-duty vehicles be zero-emission
vehicles. The Commission must periodically evaluate
whether the conditions for the repeal of those
requirements have been met and provide public notice
before termination of reporting requirements.
Section 90. The State Mandates Act is amended by adding
Section 8.50 as follows:
(30 ILCS 805/8.50 new)
Sec. 8.50. 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 104th General Assembly.

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.".