Bill Text: IL HB4860 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Unlawful Restrictions on the Use and Sale of Motor Vehicles Act. Provides that no State agency or unit of local government shall restrict the use or sale of a motor vehicle based on the energy source used to power the motor vehicle, including an energy source used for propulsion or used for powering other functions of the motor vehicle. Limits the concurrent exercise of home rule powers. Amends the Illinois Vehicle Code. Provides that the Environmental Protection Agency shall not propose and the Illinois Pollution Control Board shall not adopt motor vehicle emissions standards that are established by California as a result of California having received a waiver pursuant to the federal Clean Air Act.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4860 Detail]

Download: Illinois-2023-HB4860-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4860 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
New Act
625 ILCS 5/13C-20
Creates the Unlawful Restrictions on the Use and Sale of Motor Vehicles Act. Provides that no State agency or unit of local government shall restrict the use or sale of a motor vehicle based on the energy source used to power the motor vehicle, including an energy source used for propulsion or used for powering other functions of the motor vehicle. Limits the concurrent exercise of home rule powers. Amends the Illinois Vehicle Code. Provides that the Environmental Protection Agency shall not propose and the Illinois Pollution Control Board shall not adopt motor vehicle emissions standards that are established by California as a result of California having received a waiver pursuant to the federal Clean Air Act.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Unlawful Restrictions on the Use and Sale of Motor Vehicles
Act.
Section 5. Definitions. In this Act:
"Motor vehicle" has the meaning given to that term in
Section 1-146 of the Illinois Vehicle Code.
"State agency" means any branch, department, board,
committee, or commission of State government.
Section 10. Prohibited restrictions. No State agency or
unit of local government shall restrict the use or sale of a
motor vehicle based on the energy source used to power the
motor vehicle, including an energy source used for propulsion
or used for powering other functions of the motor vehicle.
Section 15. Home rule. A home rule unit may not regulate
the use or sale of motor vehicles in a manner inconsistent with
this Section. This subsection 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

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functions exercised by the State.
Section 95. The Illinois Vehicle Code is amended by adding
Section 13C-20 as follows:
(625 ILCS 5/13C-20)
Sec. 13C-20. Rules and standards.
(a) The rules and emission standards adopted under
subsection (a) of Section 13B-20 of this Code shall apply to
the program established under this Chapter and continue in
effect until amended or repealed by the Board under this
subsection.
The Agency shall propose any other standards necessary to
achieve reductions in the emission of hydrocarbons, carbon
monoxide, and oxides of nitrogen from motor vehicles subject
to inspection under this Chapter. Within 120 days after the
Agency proposes those standards, the Board shall adopt any
necessary rules establishing standards for the emission of
hydrocarbons, carbon monoxide, and oxides of nitrogen from
motor vehicles subject to inspection under this Chapter. The
rules may be amended from time to time pursuant to Agency
proposals. The Board shall set standards necessary to achieve
the reductions in vehicle hydrocarbons, carbon monoxide, and
oxides of nitrogen emissions, as determined by the applicable
vehicle emission estimation model and rules developed by the
United States Environmental Protection Agency, that are

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required by the federal Clean Air Act. A predetermined rate of
failure shall not be used in determining standards necessary
to achieve the reductions in vehicle hydrocarbons, carbon
monoxide, and oxides of nitrogen emissions. The emission
standards established by the Board for vehicles of model year
1981 or later shall be identical in substance, as defined in
Section 7.2(a) of the Environmental Protection Act, to the
emission standards promulgated by the United States
Environmental Protection Agency.
Except as otherwise provided in this subsection,
subsection (b) of Section 27 of the Environmental Protection
Act and the rulemaking provisions of the Illinois
Administrative Procedure Act do not apply to rules adopted by
the Board under this subsection. Challenges to the validity of
rules adopted by the Board under this subsection or subsection
(a) of Section 13B-20 may be brought only by filing a petition
for review in the Appellate Court under Section 29 of the
Environmental Protection Act within 35 days after the rule is
filed with the Secretary of State.
(b) The procedures established by the Agency under
subsection (b) of Section 13B-20 of this Code shall apply to
the program established under this Chapter and remain in
effect until amended or repealed under this subsection. The
Agency may at any time amend or repeal those procedures and may
establish additional procedures designed to implement this
Chapter.

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