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2016
ILLINOIS
REGISTER
RULES
Rules of
OF GOVERNMENTAL
Governmental Agencies
AGENCIES
Volume 40, Issue 6
February 5, 2016
Pages 2,300 - 2,883
Index Department
Index
Department
Administrative
Code Division
Administrative
Code
111 E. Monroe
St. Division
111
E. Monroe
Springfield,
ILSt.
62756
Springfield,
IL
62756
217-782-7017
217-782-7017
www.cyberdriveillinois.com
Printed on recycled paper
Printed by authority of the State of Illinois. February — 90
PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
TABLE OF CONTENTS
February 5, 2016 Volume 40, Issue 6
PROPOSED RULES
COMMERCE COMMISSION, ILLINOIS
Electric Interconnection of Distributed Generation Facilities
83 Ill. Adm. Code 466............................................................................2300
Electric Interconnection of Large Distributed Generation Facilities
83 Ill. Adm. Code 467............................................................................2396
LABOR RELATIONS BOARD, ILLINOIS
General Procedures
80 Ill. Adm. Code 1200..........................................................................2414
STATE TOLL HIGHWAY AUTHORITY, ILLINOIS
State Toll Highway Rules
92 Ill. Adm. Code 2520..........................................................................2440
TRANSPORTATION, DEPARTMENT OF
Inspection Procedures for Special Vehicles
92 Ill. Adm. Code 438............................................................................2449
Official Testing Stations (Repealer)
92 Ill. Adm. Code 448............................................................................2554
ADOPTED RULES
AGRICULTURE, DEPARTMENT OF
Diseased Animals
8 Ill. Adm. Code 85…............................................................................2682
Illinois Dead Animal Disposal Act
8 Ill. Adm. Code 90…............................................................................2699
Swine Disease Control and Eradication Act
8 Ill. Adm. Code 105…..........................................................................2716
Animal Disease Laboratories Act
8 Ill. Adm. Code 110…..........................................................................2727
Meat and Poultry Inspection Act
8 Ill. Adm. Code 125…..........................................................................2739
CAPITAL DEVELOPMENT BOARD
Illinois Energy Conservation Code
71 Ill. Adm. Code 600............................................................................2754
HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF
Medical Assistance Programs
89 Ill. Adm. Code 120............................................................................2784
SECRETARY OF STATE
Illinois State Library Grant Programs
23 Ill. Adm. Code 3035..........................................................................2808
STATE BOARD OF ELECTIONS
Established Political Party and Independent Candidate
Nominating Petitions
i
26 Ill. Adm. Code 201............................................................................2836
New Political Party Nominating Petitions
26 Ill. Adm. Code 202............................................................................2841
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
JOINT COMMITTEE ON ADMINISTRATIVE RULES
February Agenda…………............................................................................2845
SECOND NOTICES RECEIVED
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Second Notices Received…...........................................................................2852
EXECUTIVE ORDERS AND PROCLAMATIONS
EXECUTIVE ORDER
Executive Order Consolidating Multiple Information Technology
Functions Into a Single Department of Innovation and Technology
2016-1...………………..........................................................................2854
PROCLAMATIONS
Bill of Rights Day
2015-338…………….............................................................................2867
Illinois Flag Display Act - Chicago Firefighter Daniel Capuano
2015-339……………….........................................................................2867
Impaired Driving Prevention Month
2015-340…………….............................................................................2868
Illinois Flag Display Act - CW2 Kevin Mose Weiss
2015-341…………….............................................................................2869
Move Over Day
2015-342……………….........................................................................2870
Career and Technical Education Month
2016-2………………….........................................................................2871
Enrolled Agent Week
2016-3………………….........................................................................2871
Mentoring Month
2016-4………………….........................................................................2872
Rare Disease Day
2016-5………………….........................................................................2873
Ronald Reagan Day
2016-6………………….........................................................................2874
School Choice Week
2016-7………………….........................................................................2875
Turner Syndrome Awareness Month
2016-8………………….........................................................................2876
Cervical Cancer Awareness Month
2016-9………………….........................................................................2877
Congenital Diaphragmatic Hernia Action Day
2016-10………………...........................................................................2878
Early Hearing Detection and Intervention Day
2016-11………………...........................................................................2879
ii
Martin Luther King, Jr., Day of Service
2016-12………………...........................................................................2879
Step It Up America Day
2016-13………………...........................................................................2881
Illinois Flag Display Act - Oak Park Firefighter Kenneth Harris
2016-14………………...........................................................................2881
Illinois Flag Display Act - U.S. Private First Class Kenneth Leroy
Cunningham
2016-15………………...........................................................................2882
iii
INTRODUCTION
The Illinois Register is the official state document for publishing public notice of rulemaking
activity initiated by State governmental agencies. The table of contents is arranged categorically
by rulemaking activity and alphabetically by agency within each category.
Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of
existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and
Proclamations issued by the Governor; notices of public information required by State Statute; and
activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint
Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors
the rulemaking activities of State Agencies; is also published in the Register.
The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules
adopted by State agencies). The most recent edition of the Code, along with the Register, comprise
the most current accounting of State agencies’ rulemakings.
The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois
Administrative Procedure Act [5 ILCS 100/1-1, et seq.].
ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2016
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iv
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v
June 3, 2016
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December 27, 2016
December 30, 2016
ILLINOIS REGISTER
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NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part: Electric Interconnection of Distributed Generation Facilities
2)
Code Citation: 83 Ill. Adm. Code 466
3)
Section Numbers:
466.30
466.35
466.45
466.50
466.60
466.70
466.80
466.90
466.100
466.110
466.120
466.APPENDIX A
466.APPENDIX B
466.APPENDIX C
466.APPENDIX D
466.APPENDIX G
4)
Statutory Authority: Implementing Section 16-107.5 of the Public Utilities Act [220
ILCS 5/16-107.5] and authorized by Sections 16-107.5 and 10-101 of the Public Utilities
Act [220 ILCS 5/16-107.5 and 10-101]
5)
A Complete Description of the Subjects and Issues Involved: This rulemaking and the
associated proceeding in 83 Ill. Adm. Code 467 are intended to update the Commission's
rules on interconnection, reflecting recent changes by the Federal Energy Regulatory
Commission in its own rules on small-generator interconnection and the push for smart
grid infrastructure improvement in Illinois. In addition, the amendments are intended to
be consistent with the statutory goal of minimizing barriers to the interconnection of
distributed generation.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rule currently in effect? No
Proposed Actions:
Amendment
New Section
New Section
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
ILLINOIS REGISTER
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8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? Yes
10)
Are there any other rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objectives: The proposed rulemaking neither creates nor
expands any State mandate on units of local government, school districts, or community
college districts.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Comments should be filed, within 45 days after the date of this issue of the
Illinois Register, in Docket No. 14-0135 with:
Elizabeth Rolando, Chief Clerk
Illinois Commerce Commission
527 East Capitol Avenue
Springfield IL 62701
217/782-7434
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: This rulemaking will affect any subject jurisdictional entities that are
also small businesses as defined in the Illinois Administrative Procedure Act. This
rulemaking will not affect any small municipalities or not-for-profit corporations.
B)
Reporting, bookkeeping or other procedures required for compliance:
Bookkeeping and filing procedures
C)
Types of professional skills necessary for compliance: Managerial and
accounting skills
Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
included on either of the two most recent agendas because: The Commission did not
anticipate the need for this rulemaking at that time.
ILLINOIS REGISTER
ILLINOIS COMMERCE COMMISSION
NOTICE OF PROPOSED AMENDMENTS
The full text of the Proposed Amendments begins on the next page:
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TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 466
ELECTRIC INTERCONNECTION OF DISTRIBUTED GENERATION FACILITIES
Section
466.10
Scope
466.30
Definitions
466.35
Waiver
466.40
Technical Standardsstandards
466.45
Pre-Application Report
466.50
Interconnection Requestsrequests
466.60
General Requirementsrequirements
466.70
Lab-Certified EquipmentLab-certified equipment
466.80
Determining the Review Levelreview level
466.90
Level 1 Expedited Reviewexpedited review
466.100
Level 2 Expedited Reviewexpedited review
466.110
Level 3 Expedited Reviewexpedited review
466.120
Level 4 Reviewreview
466.130
Disputes
466.140
Records
466.APPENDIX A Level 1 Application and Contract
466.APPENDIX B Certificate of Completion
466.APPENDIX C Levels 2 to 4 Application
466.APPENDIX D Levels 12 to 4 Contract
466.APPENDIX E Interconnection Feasibility Study Agreement
466.APPENDIX F
Interconnection System Impact Study Agreement
466.APPENDIX G Interconnection Facilities Study Agreement
AUTHORITY: Implementing Section 16-107.5 of the Public Utilities Act [220 ILCS 5/16107.5] and authorized by Sections 16-107.5 and 10-101 of the Public Utilities Act [220 ILCS
5/16-107.5 and 10-101].
SOURCE: Emergency rules adopted at 32 Ill. Reg. 6556, effective April 1, 2008, for a
maximum of 150 days; adopted at 32 Ill. Reg. 14504, effective August 25, 2008; amended at 40
Ill. Reg. ______, effective ____________.
ILLINOIS REGISTER
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Section 466.30 Definitions
Terms defined in Section 16-102 of the Public Utilities Act (Act) [220 ILCS 5/16-102] shall
have the same meaning for purposes of this part as they have under Section 5/16-102 of the Act,
unless further defined in this Part. The following words and terms, when used in this Part, have
the following meanings unless the context indicates otherwise:
"Adverse system impact" means a negative effect that compromises the safety or
reliability of the electric distribution system or materially affects the quality of
electric service provided by the electric distribution company (EDC) to other
customers.
"Affected system" means an electric system not owned or operated by the electric
distribution company reviewing the interconnection request that could suffer an
adverse system impact from the proposed interconnection.
"Applicant" means a person (or entity) who has submitted an interconnection
request to interconnect a distributed generation facility to an EDC's electric
distribution system.
"Area network" means a type of electric distribution system served by multiple
transformers interconnected in an electrical network circuit, generally used in
large, densely populated metropolitan areas.
"Business day" means Monday through Friday, excluding State and federal
holidays.
"Calendar day" means any day, including Saturdays, Sundays and State and
federal holidays.
"Certificate of completion" means a certificate, in a form approved by the
Commission, that contains information about the interconnection equipment to be
used, its installation and local inspections (see Appendix B).
"Commissioning test" means tests applied to a distributed generation facility by
the applicant after construction is completed to verify that the facility does not
create adverse system impacts and performs to the submitted specifications. At a
minimum, the scope of the commissioning tests performed shall include the
ILLINOIS REGISTER
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NOTICE OF PROPOSED AMENDMENTS
commissioning test specified in Institute of Electrical and Electronics Engineers,
Inc. (IEEE) Standard 1547 Section 5.4 "Commissioning tests.".
"Distributed generation facility" means the equipment used by an interconnection
customer to generate or store electricity that operates in parallel with the electric
distribution system. A distributed generation facility typically includes an electric
generator, a prime mover, and the interconnection equipment required to safely
interconnect with the electric distribution system or local electric power system.
"Distribution upgrade" means a required addition or modification to the electric
distribution system to accommodate the interconnection of the distributed
generation facility. Distribution upgrades do not include interconnection
facilities.
"Draw-out type circuit breaker" means a switching device capable of making,
carrying and breaking currents under normal and abnormal circuit conditions such
as those of a short circuit. A draw-out circuit breaker can be physically removed
from its enclosure creating a visible break in the circuit. The draw-out circuit
breaker shall be capable of being locked in the open, drawn-out position.
"Electric distribution company" (EDC) means any electric utility subject to the
jurisdiction of the Commission.
"Electric distribution system" means the facilities and equipment owned and
operated by the EDC and used to transmit electricity to ultimate usage points such
as homes and industries from interchanges with higher voltage transmission
networks that transport bulk power over longer distances. The voltage levels at
which electric distribution systems operate differ among areas, but generally
operate at less than 100 kilovolts (kV) of electricity. "Electric distribution
system" has the same meaning as the term "Area EPS," as defined in Section
3.1.6.1 of IEEE Standard 1547.
"Fault current" is the electrical current that flows through a circuit during an
electrical fault condition. A fault condition occurs when one or more electrical
conductors contact ground or each other. Types of faults include phase to ground,
double-phase to ground, three-phase to ground, phase-to-phase, and three-phase.
Often, a fault current is several times larger in magnitude than the current that
normally flows through a circuit.
ILLINOIS REGISTER
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"IEEE Standard 1547" is the Institute of Electrical and Electronics Engineers,
Inc., 3 Park Avenue, New York, NY 10016-5997, Standard 1547 (2003)
"Standard for Interconnecting Distributed Resources with Electric Power
Systems." This incorporation does not include any later amendments or editions.
"IEEE Standard 1547.1" is the IEEE Standard 1547.1 (2005) "Conformance Test
Procedures for Equipment Interconnecting Distributed Resources with Electric
Power Systems." This incorporation does not include any later amendments or
editions.
"Interconnection customer" means a person or entity that interconnects a
distributed generation facility to an electric distribution system.
"Interconnection equipment" means a group of components or an integrated
system owned and operated by the interconnection customer that connects an
electric generator with a local electric power system, as that term is defined in
Section 3.1.6.2 of IEEE Standard 1547, or with the electric distribution system.
Interconnection equipment is all interface equipment including switchgear,
protective devices, inverters or other interface devices. Interconnection
equipment may be installed as part of an integrated equipment package that
includes a generator or other electric source.
"Interconnection facilities" means facilities and equipment required by the EDC
to accommodate the interconnection of a distributed generation facility.
Collectively, interconnection facilities include all facilities and equipment
between the distributed generation facility's interconnection equipment and the
point of interconnection, including any modifications, additions, or upgrades
necessary to physically and electrically interconnect the distributed generation
facility to the electric distribution system. Interconnection facilities are sole use
facilities and do not include distribution upgrades.
"Interconnection request" means an applicant's request, in a form approved by the
Commission, for interconnection of a new distributed generation facility or to
change the capacity or other operating characteristics of an existing distributed
generation facility already interconnected with the electric distribution system.
"Interconnection study" is any study described in Sections 466.120.
ILLINOIS REGISTER
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"Lab-certified" means a designation that the interconnection equipment meets the
requirements set forth in Section 466.70.
"Line section" is that portion of an electric distribution system connected to an
interconnection customer's site, bounded by automatic sectionalizing devices
and/or the end of the distribution line.
"Local electric power system" means facilities that deliver electric power to a load
that is contained entirely within a single premises or group of premises. Local
electric power system has the same meaning as that term has as defined in Section
3.1.6.2 of IEEE Standard 1547.
"Minor system modifications" means modifications to an EDC's Electric
Distribution System located between the service tap on the distribution circuit and
the meter serving the Interconnection Customer or other minor system changes
that the EDC estimates will entail less than four hours of work and $1000 in
materials.
"Nameplate capacity" is the maximum rated output of a generator, prime mover,
or other electric power production equipment under specific conditions designated
by the manufacturer and usually indicated on a nameplate physically attached to
the power production equipment.
"Nationally recognized testing laboratory" or "NRTL" means a qualified private
organization that meets the requirements of the Occupational Safety and Health
Administration's (OSHA) regulations. See 29 CFR 1910.7. (February 25,
2011July 31, 2000). This incorporation does not include any later amendments or
editions. NRTLs perform independent safety testing and product certification.
Each NRTL shall meet the requirements as set forth by OSHA in its NRTL
program.
"Parallel operation" or "parallel" means a distributed generation facility that is
connected electrically to the electric distribution system for longer than 100
milliseconds.
"Point of interconnection" means the point where the distributed generation
facility is electrically connected to the electric distribution system. Point of
interconnection has the same meaning as the term "point of common coupling"
defined in Section 3.1.13 of IEEE Standard 1547.
ILLINOIS REGISTER
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"Primary line" means an electric distribution system line operating at greater than
600 volts.
"Queue position" means, for each distribution circuit or line section, the order of a
completed interconnection request relative to all other pending completed
interconnection requests on that distribution circuit or line section. It is
established by the date that the EDC receives the completed interconnection
request.
"Radial distribution circuit" means a circuit configuration in which independent
feeders branch out radially from a common source of supply.
"Scoping meeting" means a meeting between representatives of the applicant and
EDC conducted for the purpose of discussing interconnection issues and
exchanging relevant information.
"Secondary line" means an electric distribution system line, or service line,
operating at 600 volts or less.
"Shared transformer" means a transformer that supplies secondary voltage to
more than one customer.
"Spot network" means a type of electric distribution system that uses two or more
inter-tied transformers to supply an electrical network circuit. A spot network is
generally used to supply power to a single customer or a small group of
customers. Spot network has the same meaning as the term "spot network"
defined in Section 4.1.4 of IEEE Standard 1547.
"Standard distributed generation interconnection agreement" means a standard
interconnection agreement applicable to interconnection requests for distributed
generation facilities. (see Appendices A and D).
"UL Standard 1741" means the standard titled "Inverters, Converters, and
Controllers and Interconnection System Equipment for Use With Distributed
Energy Resources (January 28, 2010)in Independent Power Systems," November
7, 2005 edition, Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook
IL 60062-2096. This incorporation does not include any later amendments or
editions.
ILLINOIS REGISTER
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"Witness test" means a verification either by an on-site observation or review of
documents that the interconnection installation evaluation required by IEEE
Standard 1547 Section 5.3 and the commissioning test required by IEEE Standard
1547 Section 5.4 have been performed. For interconnection equipment that has
not been lab-certified, the witness test shall also include verification of the on-site
design tests as required by IEEE Standard 1547 Section 5.1 and verification of
production tests required by IEEE Standard 1547 Section 5.2. All verified tests
are to be performed in accordance with the test procedures specified by IEEE
Standard 1547.1.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 466.35 Waiver
a)
b)
The Commission may, on application or petition of an EDC, distributed
generation applicant or customer, or on its own motion, grant a temporary or
permanent waiver from this Part, or any Section or subsection of this Part, in
individual cases in which the Commission finds that:
1)
the provision from which the waiver is granted is not statutorily mandated;
2)
no party will be injured by the granting of the waiver; and
3)
the rule from which the waiver is granted would, as applied to the
particular case, be unreasonable or unnecessarily burdensome.
The burden of proof in establishing a right to waiver shall be on the party seeking
the waiver.
(Source: Added at 40 Ill. Reg. ______, effective ____________)
Section 466.45 Pre-Application Report
a)
A potential applicant may submit a formal written request form along with a nonrefundable fee of $300 for a pre-application report on a proposed project at a
specific site. The EDC shall provide the pre-application data described in Section
466.50(b) to the potential applicant within 20 business days after receipt of the
completed pre-application report request form and payment of the $300 fee. The
ILLINOIS REGISTER
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pre-application report produced by the EDC is non-binding and does not confer
any rights; the potential applicant must file an application before it can
interconnect with the EDC's system. The written pre-application report request
form shall include the following information:
b)
1)
project contact information, including name, address, phone number and
email address;
2)
project location (street address with nearby cross streets and town);
3)
meter number, pole number, EDC account number or other equivalent
information identifying proposed point of interconnection, if available;
4)
generator type (e.g., solar, wind, combined heat and power, battery
storage/inverter system and fuel cells);
5)
total generation capacity (alternating current kW);
6)
single or three phase generator configuration;
7)
whether new electric service is required for the site. Include the existing
minimum and maximum on-site electrical demand (in kW) and describe
any expected changes to the minimum and/or maximum on-site electrical
demand (in kW), including the timing of those changes; and
8)
number and capacity of each generator unit to be interconnected at the site
specified in the pre-application report request.
Using the information provided in the pre-application report request form
described in subsection (a), the EDC will identify the distribution facilities that
are likely to serve the proposed point of interconnection if the project is
constructed, including: substation/area bus, substation transformer and/or
distribution circuit, as applicable. This identification by the EDC does not
guarantee, after application of the relevant review process, that the EDC will use
the distribution facilities identified in the pre-application report to connect to the
project. The potential applicant must request additional pre-application reports if
information about multiple points of interconnection is requested. Subject to
subection (c), the pre-application report shall include the following information:
ILLINOIS REGISTER
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1)
total capacity (in mega volt amperesMVA) of substation/area bus,
substation transformer or distribution circuit that the EDC identifies, based
on the operating ratings that the EDC expects would apply to these
facilities if used to serve the proposed point of interconnection;
2)
existing aggregate generation capacity (i.e., amount of generation online,
in MVA) interconnected to the substation/area bus, substation transformer
or distribution circuit that the EDC identifies;
3)
aggregate queued generation capacity (i.e., amount of generation in the
queue, in MVA) for the substation/area bus, substation transformer or
distribution circuit that the EDC identifies;
4)
available capacity (i.e., total capacity less the sum of existing aggregate
generation capacity and aggregate queued generation capacity, in MVA)
of substation/area bus, substation transformer or distribution circuit that
the EDC identifies;
5)
nominal operating voltages of substation/area bus, substation transformer
and/or distribution circuit that the EDC identifies;
6)
nominal operating voltage of the identified distribution circuit at the
proposed point of interconnection;
7)
approximate circuit distance between the proposed point of
interconnection and the identified substation/area bus;
8)
relevant line sections actual or estimated peak load and minimum load
data, including daytime minimum load (i.e., minimum load from 10 a.m.
to 4 p.m. for fixed panel photovoltaic systems and from 8 a.m. to 6 p.m.
for photovoltaic (PV) systems utilizing tracking systems), and absolute
minimum load, when available;
9)
number and rating of protective devices and number and type (standard,
bi-directional) of voltage regulating devices between the proposed point of
interconnection and the substation/area bus that the EDC identifies;
10)
whether the identified substation transformer uses a load tap changer;
ILLINOIS REGISTER
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c)
11)
number of phases available at the proposed point of interconnection. If a
single phase, the distance from the proposed point of interconnection to
the EDC's three-phase distribution circuit;
12)
limiting conductor ratings from the proposed point of interconnection to
the distribution substation;
13)
whether the point of interconnection is located on a spot network, grid
network or radial supply; and
14)
based on the proposed point of interconnection, existing or known
constraints such as, but not limited to, electrical dependencies at that
location, short circuit interrupting capacity issues, power quality or
stability issues on the circuit, capacity constraints or secondary networks.
The pre-application report need only include existing data. A pre-application
report request does not obligate the EDC to conduct a study or other analysis of
the proposed generator in the event that data is not available. If some of the data is
not available, the EDC shall provide the interconnection customer with a preapplication report that includes the data that is available. The information
concerning "available capacity" provided pursuant to subsection (b)(4) does not
imply that an interconnection up to this level may be completed without impacts,
because there are many variables studied as part of the interconnection review
process, and data provided in the pre-application report may become outdated by
the time the complete application is submitted. Notwithstanding any of the
provisions of this Section, the EDC shall, in good faith, include data in the preapplication report that represents the best available information at the time of
reporting.
(Source: Added at 40 Ill. Reg. ______, effective ____________)
Section 466.50 Interconnection Requests
a)
Applicants seeking to interconnect a distributed generation facility shall submit an
interconnection request to the EDC that owns the electric distribution system to
which interconnection is sought. Applicants shall use interconnection request
forms approved by the Commission.
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b)
EDCs may charge a fee by level that an applicant must remit in order to process
an interconnection request.EDCs shall specify the fee by level that the applicant
shall remit to process the interconnection request. The fee shall be specified in
the interconnection request forms. EDCs may charge a fee by level that applicants
must remit in order to process an interconnection request. The EDCs shall not
charge more than the fees specified in the interconnection request application
forms (Appendices A and D).
c)
Interconnection requests may be submitted electronically, if agreed to by the
parties.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 466.60 General Requirements
a)
When an interconnection request for a distributed generation facility includes
multiple energy production devices at a site for which the applicant seeks a single
point of interconnection, the interconnection request shall be evaluated on the
basis of the aggregate nameplate capacity of the multiple devices.
b)
When an interconnection request is for an increase in capacity for an existing
distributed generation facility, the interconnection request shall be evaluated on
the basis of the new total nameplate capacity of the distributed generation facility.
c)
EDCs shall designate a point of contact and provide contact information on its
website. The point of contact shall be able to direct applicant questions
concerning interconnection request submissions and the interconnection request
process to knowledgeable individuals within the EDC.
d)
The information that the EDC makes available to potential applicants can include
previously existing EDC studies that help applicants understand whether it is
feasible to interconnect a distributed generation facility at a particular point on the
EDC's electric distribution system. However, the EDC can refuse to provide the
information to the extent that providing it violates security requirements or
confidentiality agreements, or it is contrary to law or State or federal regulations.
In appropriate circumstances, the EDC may require a confidentiality agreement
prior to release of this information.
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e)
When an interconnection request is deemed complete by the EDC, any
modification that is not agreed to by the EDC requires submission of a new
interconnection request.
f)
When an applicant is not currently a customer of the EDC at the proposed site, the
applicant shall provide, upon EDC request, proof of the applicant's legal right to
control the site, evidenced by the applicant's name on a property tax bill, deed,
lease agreement or other legally binding contract.
g)
To minimize the cost to interconnect multiple distributed generation facilities, the
EDC or the applicant may propose a single point of interconnection for multiple
distributed generation facilities located at an interconnection customer site that is
on contiguous property. If the applicant rejects the EDC's proposal for a single
point of interconnection, the applicant shall pay any additional cost to provide a
separate point of interconnection for each distributed generation facility. If the
EDC, without written technical explanation, rejects the customer's proposal for a
single point of interconnection, the EDC shall pay any additional cost to provide
separate points of interconnection for each distributed generation facility.
h)
To protect the safety of the EDC's employees or the reliability of the distribution
system, EDCs may require that distributed generation facilities have the capability
to be isolated from the EDC. For distributed generation facilities interconnecting
to a primary line, the isolation shall be by means of a lockable, visible-break
isolation device accessible by the EDC. For distributed generation facilities
interconnecting to a secondary line, the isolation shall be by means of a lockable
isolation device whose status is indicated and is accessible by the EDC. For
distributed generation facilities interconnecting to a secondary line through a selfcontained meter, the EDC's removal of the self-contained electric meter may
satisfy this capability. The isolation device shall be installed, owned and
maintained by the owner of the distributed generation facility and located
electrically between the distributed generation facility and the point of
interconnection. A draw-out type of circuit breaker accessible to the EDC with a
provision for padlocking at the drawn-out position satisfies the requirement for an
isolation device.
i)
The interconnection customer shall allow the EDC to isolate the distributed
generation facility. An interconnection customer may elect to provide the EDC
with access to an isolation device that is contained in a building or area that may
be unoccupied and locked or not otherwise accessible to the EDC by installing a
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lockbox provided by the EDC that allows ready access to the isolation device.
The lockbox shall be in a location determined by the EDC to be accessible by the
EDC. The interconnection customer shall permit the EDC to affix a placard in a
location of its choosing that provides instructions to EDC operating personnel for
accessing the isolation device. If the EDC needs to isolate the distribution
generation facility, the EDC shall not be held liable for any damages resulting
from the actions necessary to isolate the generation facility.
j)
Any metering required for a distributed generation interconnection shall be
installed, operated, and maintained in accordance with applicable EDC tariffs and
agreements. Any such metering requirements shall be identified in the standard
distributed generation interconnection agreement executed between the
interconnection customer and the EDC.
k)
EDC monitoring and control of distributed generation facilities are permitted only
when the nameplate rating is greater than 2 MVA. Monitoring and control
requirements shall be consistent with the EDC's published requirements and shall
be clearly identified in the interconnection agreement between the interconnection
customer and the EDC. Transfer trip shall not be considered EDC monitoring and
control when required and installed to protect the electric distribution system or
an affected system against adverse system impacts.
l)
The EDC may require a witness test after the distributed generation facility is
constructed. The applicant shall provide the EDC with at least 15 business days
notice of the planned commissioning test for the distributed generation facility.
The applicant and EDC shall schedule the witness test at a mutually agreeable
time. If the witness test results are not acceptable to the EDC, the applicant shall
be granted 30 business days to address and resolve any deficiencies. The time
period for addressing and resolving any deficiencies may be extended upon the
mutual agreement of the EDC and the applicant prior to the end of the 30 business
days. An initial request for extension shall not be denied by the EDC; subsequent
requests may be denied. If the applicant fails to address and resolve the
deficiencies to the EDC's satisfaction, the interconnection request shall be deemed
withdrawn. Even if the EDC or an entity approved by the EDC does not witness a
commissioning test, the applicant remains obligated to satisfy the interconnection
test specifications and requirements set forth in IEEE Standard 1547 Section 5.
The applicant shall, if requested by the EDC, provide a copy of all documentation
in its possession regarding testing conducted pursuant to IEEE Standard 1547.1.
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m)
Each EDC shall allow interconnection applications to be submitted through the
EDC's website or via another website if a link is provided on the EDC's website.
n)
Each EDC shall dedicate a page on their website to interconnection procedures,
that shall include:
o)
1)
the EDC's interconnection procedures and attachments in an electronically
searchable format;
2)
the EDC's interconnection application forms in a format that allows for
electronic entry of data;
3)
the EDC's interconnection agreements; and
4)
the EDC's point of contact for questions about interconnection and
submission of interconnection requests, including e-mail and phone
number.
Each EDC shall allow electronic signatures to be used for interconnection
applications.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 466.70 Lab-Certified Equipment
An interconnection request may be eligible for expedited interconnection review under Section
466.90 if the distributed generation facility uses interconnection equipment that is lab-certified.
Interconnection equipment shall be deemed to be lab-certified upon establishment of the
following:
a)
The interconnection equipment has been successfully tested in accordance with
IEEE Standard 1547.1, and it complies with the appropriate codes and standards
referenced in subsection (f) as demonstrated by any NRTL recognized by OSHA
to test and certify interconnection equipment; and
b)
The interconnection equipment has been labeled and is publicly listed by the
NRTL at the time of the interconnection application; and
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c)
The NRTL testing the interconnection equipment makes all test standards and
procedures that it used to perform equipment certification available, and, with
applicant approval, the test data itself. The NRTL may make this information
readily available by publishing it on its web site and by encouraging it to be
included in the manufacturer's literature accompanying the equipment; and
d)
The applicant's use of the interconnection equipment falls within the use or uses
for which the interconnection equipment was labeled and listed by the NRTL; and
e)
The generator, other electric sources, and/or interface components being utilized
are compatible with the interconnection equipment and are consistent with the
testing and listing specified by the NRTL for this type of interconnection
equipment; and
f)
To meet the requirements for lab certification, interconnection equipment shall be
evaluated by an NRTL in accordance with the following codes and standards:
g)
1)
IEEE 1547 Standard for Interconnecting Distributed Resources with
Electric Power Systems (including use of IEEE 1547.1 testing protocols to
establish conformity);
2)
UL 1741 Inverters, Converters, and Controllers and Interconnection
System Equipment for Use WithRequirement with Distributed Energy
Resources; and
3)
NFPA 70, National Electrical Code (20142008), National Fire Protection
Association, 1 Batterymarch Park, Quincy MA 02169-7471. This
incorporation does not include any later amendments or editions; and
Lab-certified interconnection equipment shall not require further design testing or
production testing, as specified by IEEE Standard 1547 Sections 5.1 and 5.2, or
additional interconnection equipment modification to meet the requirements for
expedited review; however, nothing in this Section shall preclude the need for an
interconnection installation evaluation, commissioning tests or periodic testing as
specified by IEEE Standard 1547 Sections 5.3, 5.4 and 5.5 or for a witness test
conducted by an EDC.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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Section 466.80 Determining the Review Level
An EDC shall determine whether an interconnection request should be processed under the Level
1, 2, 3 or 4 procedures by using the following screens:
a)
b)
An EDC shall use Level 1 procedures to evaluate all interconnection requests to
connect a distributed generation facility when:
1)
The applicant has filed a Level 1 application; and
2)
The distributed generation facility has aan nameplate capacity of 25 kW10
kVA or less; and
3)
The distributed generation facility is inverter-based; and
4)
The customer interconnection equipment proposed for the distributed
generation facility is lab-certified.; and
5)
No construction of facilities by the EDC shall be required to accommodate
the distributed generation facility.
An EDC shall use Level 2 procedures for evaluating interconnection requests
when:
1)
The applicant has filed a Level 2 application; and
2)
For certified inverter-based systems, the size limit varies according to the
voltage of the line at the proposed point of interconnection and the
distance from the substation, pursuant to the following table:The
nameplate capacity rating is 2 MVA or less; and
Line Voltage
Level 2 Eligibility
< 5 kV
≤ 500 kW
≥ 5 kV and < 15 kV
≤ 3 MW
≥ 15 kV and < 30 kV
≤ 4 MW
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≥ 30 kV and ≤ 69 kV
c)
≤ 5 MW
3)
All distributed generation facilities connecting to lines greater than 69 kV
are ineligible for Level 2 review regardless of size. All synchronous and
induction machines must be no larger than 2 MW to be eligible;
43)
The interconnection equipment proposed for the distributed generation
facility is lab-certified; and
54)
The proposed interconnection is to a radial distribution circuit or a spot
network limited to serving one customer.; and
5)
No construction of facilities by the EDC shall be required to accommodate
the distributed generation facility, other than minor modifications
provided for in Section 466.100(f).
An EDC shall use Level 3 review procedures for evaluating interconnection
requests to area networks and radial distribution circuits where power will not be
exported based on the following criteria.
1)
For interconnection requests to the load side of an area network, the
following criteria shall be satisfied to qualify for a Level 3 expedited
review:
A)
The applicant has filed a Level 3 application; and
B)
The nameplate capacity of the distributed generation facility is less
than or equal to 50 kW50 kVA; and
C)
The proposed distributed generation facility uses a lab-certified
inverter-based equipment package; and
D)
The distributed generation facility uses reverse power relays and/or
other protection functions that prevent the export of power into the
area network; and
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2)
d)
E)
The aggregate of all generation on the area network does not
exceed the lower of 5% of an area network's maximum load or 50
(kilo volt amperes/(kVA)).; and
F)
No construction of facilities by the EDC shall be required to
accommodate the distributed generation facility.
For interconnection requests to a radial distribution circuit, the following
criteria shall be satisfied to qualify for a Level 3 expedited review:
A)
The applicant has filed a Level 3 application; and
B)
The aggregated total of the nameplate capacity of all of the
generators on the circuit, including the proposed distributed
generation facility, is 10 MVA or less; and
C)
The distributed generation facility will use reverse power relays or
other protection functions that prevent power flow onto the electric
distribution system; and
D)
The distributed generation facility is not served by a shared
transformer.; and
E)
No construction of facilities by the EDC on its own system shall be
required to accommodate the distributed generation facility.
An EDC shall use the Level 4 study review procedures for evaluating
interconnection requests when:
1)
The applicant has filed a Level 4 application; and
2)
The nameplate capacity of the small generation facility is 10 MVA or less;
and
3)
Not all of the interconnection equipment or distributed generation
facilities being used for the application is lab-certified.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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Section 466.90 Level 1 Expedited Review
An EDC shall use the Level 1 interconnection review procedures for an interconnection request
that meet the requirements specified in Section 466.80(a). An EDC may not impose additional
requirements on Level 1 reviews that are not specifically authorized under this Section unless the
applicant agrees.
a)
b)
The EDC shall evaluate the potential for adverse system impacts using the
following screens, which shall be satisfied:
1)
For interconnection of a proposed distributed generation facility to a radial
distribution circuit, the total distributed generation connected to the
distribution circuit, including the proposed distributed generation facility,
may not exceed 15% of the maximum load normally supplied by the
distribution circuit.
2)
The total capacity of distributed generation facilities connected on the load
side of spot network protectors, including the proposed facility, shall not
exceed 5% of the spot network's maximum load or 50 kVA, whichever is
less.
3)
When a proposed distributed generation facility is to be interconnected on
a single-phase shared secondary line, the aggregate generation capacity on
the shared secondary line, including the proposed distributed generation
facility, shall not exceed 20 kVA.
4)
When a proposed distributed generation facility is single-phase and is to
be interconnected on a center tap neutral of a 240 volt service, its addition
may not create an imbalance between the two sides of the 240 volt service
of more than 20% of the nameplate rating of the service transformer.
5)
The EDC shall not be required to construct any facilities on its own
system to accommodate the distributed generation facility's
interconnection.
The Level 1 interconnection shall use the following procedures:
1)
The applicant submits an interconnection request using the appropriate
form along with the Level 1 application fee (see Appendix A).
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2)
Within 7 business days after receipt of the interconnection request, the
EDC shall inform the applicant whether the interconnection request is
complete or not. If the request is incomplete, the EDC shall specify what
information is missing and the applicant has 10 business days after
receiving notice from the EDC to provide the missing information or the
interconnection request shall be deemed withdrawn.
3)
Within 15 business days after the EDC notifies the applicant that its
interconnection request is complete, the EDC shall verify whether the
distributed generation facility passes all the relevant Level 1 screens.
4)
If the applicant passes the Level 1 screens and meets the conditions for
approval by the EDC, the following timeframes shall apply: If the EDC
determines and demonstrates that a distributed generation facility does not
pass all relevant Level 1 screens, the EDC shall provide a letter to the
applicant explaining the reasons that the facility did not pass those screens.
A)
If the proposed interconnection requires no construction of
facilities by the EDC on its own system, the EDC shall send the
applicant an executed "Conditional Agreement to Interconnect
Distributed Generation Facility" (Appendix A) within 5 business
days after notification of the Level 1 review results.
B)
If the proposed interconnection requires only minor system
modifications, the EDC shall notify the applicant of what
requirement when it provides the Level 1 results. The applicant
must inform the EDC if the applicant elects to continue the
application. If the applicant makes such an election, the EDC shall
provide a standard distributed generation interconnection
agreement (see Appendix D), along with a non-binding good faith
cost estimate and construction schedule for those upgrades, to the
applicant within 30 business days after the EDC receives such an
election.
C)
If the proposed interconnection requires more than minor system
modifications, the EDC shall notify the applicant of that
requirement when it provides the Level 1 results. The applicant
must inform the EDC if the applicant elects to proceed with the
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proposed interconnection. If the applicant makes such an election,
the EDC may elect to:
5)
i)
provide a standard distributed generation interconnection
agreement (see Appendix D), along with a non-binding
good faith cost estimate and construction schedule for those
upgrades, within 45 business days after the EDC receives
such an election; or
ii)
notify the applicant that an interconnection facilities study
must be performed pursuant to Section 466.120(e)(3).
Upon approvingOtherwise, the EDC shall approve the interconnection
request pursuant to subection (b)(4), the EDC shalland provide to the
applicant a signed version of the "Conditional Agreement to Interconnect
Distributed Generation Facility" in Appendix A subject to the following
conditions:
A)
The distributed generation facility has been approved by local or
municipal electric code officials with jurisdiction over the
interconnection;
B)
A certificate of completion (see Appendix B) has been returned to
the EDC. Completion of local inspections may be designated on
inspection forms used by local inspecting authorities;
C)
The witness test has been successfully completed if required by the
EDC or if the witness test has been waived according to of
Appendix A(2)(c)(ii); and
D)
The applicant has signed a standard distributed generation
interconnection agreement (see Appendix A). When an applicant
does not sign the agreement within 30 business days after receipt
of the agreement from the EDC, the interconnection request is
deemed withdrawn unless the applicant requests to have the
deadline extended for no more than 15 business days. An initial
request for extension shall not be denied by the EDC, but
subsequent requests may be denied.
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6)
If the EDC determines and demonstrates that a distributed generation
facility does not pass all relevant Level 1 screens, the EDC shall provide a
letter to the applicant explaining the reasons that the facility did not pass
those screens.
76)
If a distributed generation facility is not approved under a Level 1 review,
and the EDC's reasons for denying Level 1 status are not subject to
dispute, the applicant may submit a new interconnection request for
consideration under Level 2, Level 3 or Level 4 procedures. The queue
position assigned to the Level 1 interconnection request shall be retained,
provided that the new interconnection request is made by the applicant
within 15 business days after notification that the current interconnection
request is denied.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 466.100 Level 2 Expedited Review
An EDC shall use the Level 2 review procedure for interconnection requests that meet the Level
2 criteria in Section 466.80(b). An EDC may not impose additional requirements for Level 2
reviews that are not specifically authorized under this Section unless the applicant agrees.
a)
The EDC shall evaluate the potential for adverse system impacts using the
following screens, which shall be satisfied:
1)
For interconnection of a proposed distributed generation facility to a radial
distribution circuit, the total distributed generation connected to the
distribution circuit, including the proposed distributed generation facility,
may not exceed 15% of the maximum normal load normally supplied by
the distribution circuit
2)
For interconnection of a proposed distributed generation facility to the
load side of spot network protectors, the proposed distributed generation
facility shall utilize an inverter-based equipment package. The customer
interconnection equipment proposed for the distributed generation facility
must be lab-certified and, when aggregated with other generation, may not
exceed 5% of a spot network's maximum load.
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3)
The proposed distributed generation facility, in aggregation with other
generation on the distribution circuit, may not contribute more than 10%
to the distribution circuit's maximum fault current at the point on the
primary line nearest the point of interconnection.
4)
The proposed distributed generation facility, in aggregate with other
generation on the distribution circuit, shall not cause any distribution
protective devices and equipment including substation breakers, fuse
cutouts, and line reclosers, or other customer equipment on the electric
distribution system to be exposed to fault currents exceeding 90% of their
short circuit interrupting capability. The interconnection may not occur
under Level 2 if equipment on the EDC's distribution circuit is already
exposed to fault currents of between 90% and 100% of the EDC's
equipment short circuit interrupting capability. However, if fault currents
exceed 100% of the EDC's equipment short circuit interrupting capability
even without the distributed generation being interconnected, the EDC
shall replace the equipment at its own expense, and interconnection may
proceed under Level 2.
5)
When a customer-generator facility is to be connected to 3-phase, 3-wire
primary EDC distribution lines, a 3-phase or single-phase generator shall
be connected phase-to-phase.
6)
When a customer-generator facility is to be connected to 3-phase, 4-wire
primary EDC distribution lines, a 3-phase or single phase generator shall
be connected line-to-neutral and shall be grounded.
7)
When the proposed distributed generation facility is to be interconnected
on single-phase shared secondary line, the aggregate generation capacity
on the shared secondary line, including the proposed distributed
generation facility, may not exceed 20 kVA.
8)
When a proposed distributed generation facility is single-phase and is to
be interconnected on a center tap neutral of a 240 volt service, its addition
may not create an imbalance between the two sides of the 240 volt service
of more than 20% of the nameplate rating of the service transformer.
9)
A distributed generation facility, in aggregate with other generation
interconnected to the distribution side of a substation transformer feeding
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the circuit where the distributed generation facility proposes to
interconnect, may not exceed 10 MVA in an area where there are known
or posted transient stability limitations to generating units located in the
general electrical vicinity.
10)
b)
Except as permitted by additional review in Section 466.100(f), the EDC
shall not be required to construct any facilities on its own system to
accommodate the distributed generation facility's interconnection.
The Level 2 interconnection shall use the following procedures:
1)
The applicant submits an interconnection request using the appropriate
form and the Level 2 application fee (see Appendix C).
2)
Within 10 business days after receiving the interconnection request, the
EDC shall inform the applicant as to whether the interconnection request
is complete. If the request is incomplete, the EDC shall specify what
materials are missing and the applicant has 10 business days to provide the
missing information or the interconnection request shall be deemed
withdrawn.
3)
After an interconnection request is deemed complete, the EDC shall assign
a queue position based upon the date that the interconnection request is
determined to be complete. The EDC shall then inform the applicant of its
queue position.
4)
If, after determining that the interconnection request is complete, the EDC
determines that it needs additional information to evaluate the distributed
generation facility's adverse system impact, it shall request this
information. The EDC may not restart the review process or alter the
applicant's queue position because it requires the additional information.
The EDC can extend the time to finish its evaluation only to the extent of
the delay required for receipt of the additional information. If the
additional information is not provided by the applicant within 15 business
days, the interconnection request shall be deemed withdrawn.
5)
Within 20 business days after the EDC notifies the applicant it has
received a completed interconnection request, the EDC shall:
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c)
A)
Evaluate the interconnection request using the Level 2 screening
criteria.
B)
Provide the applicant with the EDC's evaluation, including a
written technical explanation. If an EDC does not have a record of
receipt of the interconnection request and the applicant can
demonstrate that the original interconnection request was
delivered, the EDC shall expedite its review to complete the
evaluation of the interconnection request within 20 business days
after applicant's demonstration.
When an EDC determines that the interconnection request passes the Level 2
screening criteria contained in subection (a), the interconnection request passes
the Supplemental Review contained in subection (f), or the EDC determines that
the distributed generation facility can be interconnected safely and will not cause
adverse system impacts, even if it fails one or more of the Level 2 screening
criteria, it shall provide the applicant with a standard distributed generation
interconnection agreement (see Appendix D) within the following timeframes:on
the day the EDC makes its determination.
1)
If the proposed interconnection requires no construction of facilities by the
EDC on its own system, the interconnection agreement shall be provided
within 5 business days after the notification of Level 2 review results.
2)
If the proposed interconnection requires only minor system modifications,
the EDC shall notify the applicant of the required minor system
modifications when it provides the Level 2 results. The applicant must
inform the EDC if the applicant elects to continue the application and pay
a reasonable fee. If the applicant makes such an election, the EDC shall
provide to the applicant the interconnection agreement, along with a nonbinding good faith cost estimate and construction schedule for the required
upgrades within 30 business days after the EDC receives such an election.
3)
If the proposed interconnection requires more than minor system
modifications, the EDC shall notify the applicant of that requirement when
it provides the Level 2 or supplemental review results. The applicant must
inform the EDC if the applicant elects to continue the application. If the
applicant makes such an election, the EDC may elect to: provide a
standard distributed generation interconnection agreement (see Appendix
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D), along with a non-binding good faith cost estimate and construction
schedule for the required upgrades within 45 business days after the EDC
receives such an election; or notify the applicant that an interconnection
facilities study under Section 466.120(e)(3) must be performed to
determine the necessary upgrades. If the applicant elects to proceed with
an interconnection facilities study, the EDC shall proceed with the
interconnection facilities study according to the timeframes and process in
Section 466.120(e)(3).
d)
Within 30 business days after receipt of the standard distributed generation
interconnection agreement, the applicant shall sign and return the agreement to
the EDC. If the applicant does not sign and return the agreement within 30
business days, the interconnection request shall be deemed withdrawn unless the
applicant requests a 15 business day extension in writing. The initial request for
extension may not be denied by the EDC. When the EDC constructs an
additional review under the provisions of subsection (f), the interconnection of the
distributed generation facility shall proceed according to milestones agreed to by
the parties in the standard distributed generation interconnection agreement.
e)
The standard distributed generation interconnection agreement is not final until:
f)
1)
All requirements in the standard distributed generation interconnection
agreement are satisfied;
2)
The distributed generation facility is approved by the electric code
officials with jurisdiction over the interconnection;
3)
The applicant provides a certificate of completion (see Appendix B) to the
EDC. Completion of local inspections may be designated on inspection
forms used by local inspecting authorities; and
4)
The witness test is successfully completed if required by the EDC or if the
witness test is waived according to Article 2.1.1 of Appendix D.
WhenAdditional review may be appropriate when a distributed generation facility
fails to meet one or more of the Level 2 screens contained in subection (a), the.
The EDC shall offer to perform a supplemental review in accordance with the
following subsections andadditional review to determine whether there are minor
modifications to the distributed generation facility or electric distribution system
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that would enable the interconnection to be made safely and so that it will not
cause adverse system impacts. The EDC shall provide the applicant with a
nonbinding estimate for the costs of the supplemental review.additional review
and the costs of minor modifications to the electric distribution system. The EDC
shall undertake the supplemental reviewadditional review only after the applicant
pays for the supplemental review.additional review. The EDC shall undertake the
modifications only after the applicant pays for the modifications.
1)
If the applicant accepts the offer of a supplemental review, the applicant
shall agree in writing and pay the amount of the EDC's good faith estimate
of the costs of that review, both within 15 business days after the offer. If
the written agreement and payment have not been received by the EDC
within that timeframe, the interconnection request shall be considered
withdrawn by the applicant.
2)
The applicant may specify the order in which the EDC will complete the
screens in this Section.
3)
The applicant shall be responsible for the EDC's actual costs for
conducting the supplemental review. The applicant must pay any
additional costs that exceed the good faith estimate within 20 business
days after receipt of the invoice or resolution of any dispute. If the initial
payment exceeds the invoiced actual costs, the EDC will return that excess
within 20 business days after the invoice without interest.
4)
Within 30 business days following receipt of the payment for a
supplemental review, the EDC shall perform a supplemental review using
the screens set forth in this subsection (f)(4); notify in writing the
applicant of the results; and (3) include with the notification copies of the
analysis and data underlying the EDC's determinations under the screens.
A)
Minimum Load Screen
When 12 months of line section minimum load data (including
onsite load but not station service load served by the proposed
distributed generation facility) are available, the aggregate
generating facility capacity on the line section is less than 100% of
the minimum load for all line sections bounded by automatic
sectionalizing devices upstream of the proposed distributed
generation facility. If minimum load data is not available, the EDC
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shall include the reasons that it is unable to determine minimum
load in its supplemental review results notification under this
Section.
i)
The type of generation used by the proposed distributed
generation facility will be taken into account when
determining circuit or line section minimum load relevant
for the application of this screen. Solar PV generation
systems with no battery storage use daytime minimum load
(i.e., 10 a.m. to 4 p.m. for fixed panel systems and 8 a.m. to
6 p.m. for PV systems utilizing tracking systems), while all
other generation uses absolute minimum load.
ii)
Only the net injection into the EDC's electric system will
be considered as part of the aggregate generation.
iii)
For evaluating this screen, the EDC will not include as part
of the aggregate generation any existing distributed
generating capacity already reflected in the minimum load
data.
B)
Voltage and Power Quality Screen
The project, considered in aggregate with existing generation, must
meet the following requirements: the voltage regulation can be
maintained in compliance with relevant requirements under all
system conditions; the voltage fluctuation is within the EDC's
acceptable limits; and the harmonic levels meet limits
recommended by IEEE Standard 519-2014: Recommended
Practice and Requirements for Harmonic Control in Electric Power
Systems.
C)
Safety and Reliability Screen
The location of the proposed distributed generation facility and the
aggregate generation capacity on the line section do not create
impacts to safety or reliability that cannot be adequately addressed
without application of the Level 4 process. The EDC shall give due
consideration to the following and other factors in determining
potential impacts to safety and reliability in applying this screen:
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5)
g)
i)
whether the line section has significant minimum loading
levels dominated by a small number of customers (e.g.,
several large commercial customers);
ii)
whether the loading along the line section is uniform or
even;
iii)
whether the proposed distributed generation facility is
located in close proximity to the substation (i.e., less than
2.5 electrical circuit miles), and whether the line section
from the substation to the point of interconnection is a
mainline rated for normal and emergency ampacity;
iv)
whether the proposed distributed generation facility
incorporates a time delay function to prevent reconnection
of the generator to the system until system voltage and
frequency are within normal limits for a prescribed time;
v)
whether operational flexibility is reduced by the proposed
distributed generation facility, such that transfer of the line
section of the distributed generation facility to a
neighboring distribution circuit/substation may trigger
overloads or voltage issues; and
vi)
whether the proposed distributed generation facility
employs equipment or systems certified by a nationally
recognized testing laboratory (NRTL) to address technical
issues such as, but not limited to, islanding, reverse power
flow or voltage quality.
If the proposed interconnection passes the supplemental review screening
in this Section, the EDC shall provide the applicant with an executable
interconnection agreement pursuant to subsections (c), (d) and (e).
If the distributed generation facility is not approved under a Level 2 review, the
EDC shall provide the applicant with written notification explaining its reasons
for denying the interconnection request. The applicant may submit a new
interconnection request for consideration under a Level 4 interconnection review.
The queue position assigned to the Level 2 interconnection request shall be
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retained, provided that the new interconnection request is made by the applicant
within 15 business days after notification that the current interconnection request
is denied.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 466.110 Level 3 Expedited Review
An EDC shall use the Level 3 expedited review procedure for an interconnection request that
meets the criteria in Section 466.80(c) or (d). An EDC may not impose additional requirements
for Level 3 reviews not specifically authorized under this section unless the applicant agrees.
a)
A Level 3 interconnection shall use the following procedures:
1)
The applicant submits an interconnection request using the appropriate
form and the Level 3 application fee (see Appendix C).
2)
Within 10 business days after receiving the interconnection request, the
EDC shall inform the applicant as to whether the interconnection request
is complete. If the request is incomplete, the EDC shall specify what
materials are missing and the applicant has 10 business days to provide the
missing information, or the interconnection request shall be deemed
withdrawn.
3)
After an interconnection request is deemed complete, the EDC shall assign
a queue position to it based upon the date the interconnection request is
determined to be complete. The EDC shall then inform the applicant of its
queue position.
4)
If, after determining that the interconnection request is complete, the EDC
determines that it needs additional information to evaluate the distributed
generation facility's adverse system impact, it shall request this
information. The EDC may not restart the review process or alter the
applicant's queue position because it requires the additional information.
The EDC can extend the time to finish its evaluation only to the extent of
the delay is required for receipt of the additional information. If this
additional information is not provided by the applicant within 15 business
days, the interconnection request shall be deemed withdrawn.
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5)
6)
b)
Interconnection requests meeting the requirements set forth in Section
466.80(c)(1) for non-exporting distributed generation facilities
interconnecting to an area network shall be presumed to be appropriate for
interconnection. The EDC shall process the interconnection request to
area networks using the following procedures:
A)
The EDC shall evaluate the interconnection request under Level 2
interconnection review procedures as set forth in Section
466.100(a) except that the EDC has 25 business days to evaluate
the interconnection request against the screens to determine
whether interconnecting the distributed generation facility to the
EDC's area network has any potential adverse system impacts.
B)
If the Level 2 screens for area networks identify potential adverse
system impacts, the EDC may determine, at its sole discretion, that
it is inappropriate for the distributed generation facility to
interconnect to the area network under Level 3 review, and the
interconnection request is denied. The applicant may submit a new
interconnection request for consideration under Level 4 procedures
at the queue position assigned to the Level 3 interconnection
request, if the new interconnection request is made within 15
business days after notification that the current application is
denied.
For interconnection requests that meet the requirements of Section
466.80(c)(2) for non-exporting distributed generation facilities
interconnecting to a radial distribution circuit, the EDC shall evaluate the
interconnection request under the Level 2 expedited review in Section
466.100(a).
For a distributed generation facility that satisfies the criteria in Section
466.110(a)(5) or (a)(6), the EDC shall approve the interconnection request and
provide a standard interconnection agreement (see Appendix D) for the applicant
to sign within the following timeframes:on the day the EDC makes its
determination.
1)
If the proposed interconnection requires no construction of facilities by the
EDC on its own system, the interconnection agreement shall be provided
within 5 business days after the notification of Level 3 review results.
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2)
If the proposed interconnection requires only minor system modifications,
the EDC shall notify the applicant of that requirement when it provides the
Level 3 results. The applicant must inform the EDC if the applicant elects
to continue the application and pay a reasonable fee. If the applicant
makes such an election, the EDC shall provide the interconnection
agreement, along with a non-binding good faith cost estimate and
construction schedule for those upgrades, to the applicant within 30
business days after the EDC receives such an election.
3)
If the proposed interconnection requires more than minor system
modifications, the EDC shall notify the applicant of that requirement when
it provides the Level 3 results. The applicant must inform the EDC if the
applicant elects to proceed with the interconnection. If the applicant makes
such an election, the EDC may elect to: provide a standard distributed
generation interconnection agreement (see Appendix D), along with a nonbinding good faith cost estimate and construction schedule for those
upgrades within 45 business days after the EDC receives such an election;
or notify the applicant that an interconnection facilities study must be
performed pursuant to Section 466.120(e)(3).
c)
Within 30 business days after receipt of the standard distributed generation
interconnection agreement, the applicant shall complete, sign and return the
agreement to the EDC. If the applicant does not sign the standard distributed
generation interconnection agreement within 30 business days, the request shall
be deemed withdrawn, unless the applicant requests a 15 business day extension
in writing. An initial request for extension may not be denied by the EDC. After
the standard distributed generation interconnection agreement is signed by the
parties, interconnection of the distributed generation facility shall proceed
according to any milestones agreed to by the parties in the standard distributed
generation interconnection agreement.
d)
The interconnection agreement shall not be final until:
1)
All requirements in the interconnection agreement are satisfied; and
2)
The distributed generation facility is approved by the electric code
officials with jurisdiction over the distributed generation facility; and
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e)
3)
The applicant provides a certificate of completion (see Appendix B) to the
EDC; and
4)
The witness test is successfully completed, if required by the EDC or if the
witness test is waived according to Article 2.1.1 of Appendix D.
If the distributed generation facility is not approved under a Level 3 review, the
EDC shall provide the applicant with written notification explaining its reasons
for denying the interconnection request. The applicant may submit a new
interconnection request for consideration under a Level 4 interconnection review.
The queue position assigned to the Level 3 interconnection request shall be
retained, provided that the new interconnection request is made within 15
business days after notification that the current interconnection request is denied.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 466.120 Level 4 Review
An EDC shall use the Level 4 study review procedures for an interconnection request that meets
the criteria in Section 466.80(d).
a)
The applicant submits an interconnection request using the appropriate form,
along with the Level 4 application fee (see Appendix C).
b)
Within 10 business days after receipt of an interconnection request, the EDC shall
notify the applicant whether the request is complete. When the interconnection
request is not complete, the EDC shall provide the applicant with a written list
detailing the information required to complete the interconnection request. The
applicant has 10 business days to provide the required information or the
interconnection request is considered withdrawn. The parties may agree to extend
the time for receipt of the additional information. The interconnection request is
deemed complete when the required information has been provided by the
applicant, or the parties have agreed that the applicant may provide additional
information at a later time.
c)
After an interconnection request is deemed complete, the EDC shall assign a
queue position to it based upon the date the interconnection request is determined
to be complete. When assigning a queue position, an EDC may consider whether
there are any other interconnection projects on the same distribution circuit. If
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there are other interconnection projects on the same distribution circuit, the EDC
may consider them together. If an EDC assigns a queue position based on the
existence of interconnection projects on the same distribution circuit, the EDC
shall notify the applicant of that fact when it assigns the queue position. The
queue position of an interconnection request is used to determine the cost
responsibility for the facilities necessary to accommodate the interconnection.
The EDC shall notify the applicant as to its position in the queue. If the
interconnection request is subsequently amended, it shall receive a new queue
position based on the date that it was amended.
d)
After the interconnection request has been assigned to the queue, the following
procedures shall be followed in performing a Level 4 study review:
1)
By mutual agreement of the parties, the scoping meeting, interconnection
feasibility study, interconnection impact study, or interconnection
facilities study provided for in a Level 4 review and discussed in this
Section may be waived or combined.
2)
If agreed to by the parties, a scoping meeting on a mutually agreed upon
date and time shall be held, after the EDC has notified the applicant that
the Level 4 interconnection request is deemed complete, or the applicant
has requested that its interconnection request proceed under Level 4
review after failing the requirements of a Level 2 or Level 3 review. The
meeting's purpose is to review the interconnection request, existing studies
relevant to the interconnection request, and the results of the Level 1,
Level 2 or Level 3 screening criteria.
3)
When the parties agree that an interconnection feasibility study shall be
performed, the EDC shall provide to the applicant, no later than 10
business days after the receipt of a complete interconnection request or, if
held, the scoping meeting, an interconnection feasibility study agreement
(see Appendix E), including an outline of the scope of the study and an
estimate of the cost to perform the study. If the applicant does not sign
and return the study agreement within 15 business days, the application
shall be deemed withdrawn.
4)
When the parties agree that an interconnection feasibility study is not
required, the EDC shall provide to the applicant, no later than 10 business
days after the receipt of a complete interconnection request or, if held, the
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scoping meeting, an interconnection system impact study agreement (see
Appendix F), including an outline of the scope of the study and an
estimate of the cost to perform the study. If the applicant does not sign
and return the study agreement within 15 business days, the application
shall be deemed withdrawn.
5)
e)
If the parties agree that neither an interconnection feasibility study nor a
system impact study is required, the EDC shall provide to the applicant, no
later than 10 business days after receipt of a complete interconnection
request or, if held, the scoping meeting, an interconnection facilities study
agreement (see Appendix G) including an outline of the scope of the study
and an estimate of the cost to perform the study. If the applicant does not
sign and return the study agreement within 15 business days, the
application shall be deemed withdrawn.
The following guidelines shall govern all required interconnection studies:
1)
An interconnection feasibility study shall include any necessary analyses
for the purpose of identifying a potential adverse system impact to the
EDC's electric distribution system that would result from the
interconnection from among the following:
A)
Initial identification of any circuit breaker short circuit capability
limits exceeded as a result of the interconnection.
B)
Initial identification of any thermal overload or voltage limit
violations resulting from the interconnection.
C)
Initial review of grounding requirements and system protection.
D)
Description and nonbinding estimated cost of facilities required to
interconnect the distributed generation facility to the EDC's
electric distribution system in a safe and reliable manner.
E)
If an applicant requests that the interconnection feasibility study
evaluate multiple potential points of interconnection, additional
evaluations may be required. Additional evaluations shall be paid
for by the applicant.
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2)
F)
An interconnection system impact study is not required when the
interconnection feasibility study concludes that there is no adverse
system impact, or when the study identifies an adverse system
impact, but the EDC is able to identify a remedy without the need
for an interconnection system impact study.
G)
Each party can require that the standard form of interconnection
feasibility study agreement approved by the Commission be used.
If both parties agree, however, an alternative form can be used.
An interconnection system impact study evaluates the impact of the
proposed interconnection on both the safety and reliability of the EDC's
electric distribution system. The study identifies and details the system
impacts that interconnecting the distributed generation facility to the
distribution system has if there are no system modifications. It focuses on
the potential or actual adverse system impacts identified in the
interconnection feasibility study, including those that were identified in
the scoping meeting. The study shall consider all other distributed
generating facilities that, on the date the interconnection system impact
study is commenced, are directly interconnected with the EDC's system,
have a pending higher queue position to interconnect to the electric
distribution system, or have signed an interconnection agreement.
A)
A distribution interconnection system impact study shall be
performed when a potential distribution system adverse system
impact is identified in the interconnection feasibility study. The
EDC shall send the applicant an interconnection system impact
study agreement within 10 business days after transmittal of the
interconnection feasibility study report. The agreement shall
include an outline of the scope of the study and a non-binding
estimate of the cost to perform the study. The impact study shall
include any pertinent elements from among the following:
i)
A load flow study;
ii)
Identification of affected systems;
iii)
An analysis of equipment interrupting ratings;
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B)
C)
iv)
A protection coordination study;
v)
Voltage drop and flicker studies;
vi)
Protection and set point coordination studies;
vii)
Grounding reviews;
viii)
Impact on system operation.
An interconnection system impact study shall consider any
necessary criteria from among the following:
i)
A short circuit analysis;
ii)
A stability analysis;
iii)
Alternatives for mitigating adverse system impacts on
affected systems;
iv)
Voltage drop and flicker studies;
v)
Protection and set point coordination studies;
vi)
Grounding reviews.
The final interconnection system impact study shall provide the
following:
i)
The underlying assumptions of the study;
ii)
The results of the analyses;
iii)
A list of any potential impediments to providing the
requested interconnection service;
iv)
Required distribution upgrades; and
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v)
3)
A non-binding estimate of cost and time to construct any
required distribution upgrades.
D)
The parties may use an interconnection impact study agreement as
approved by the Commission. If both parties agree, however, an
alternative form can be used.
E)
The parties may use an interconnection impact study agreement as
approved by the Commission. If both parties agree, however, an
alternative form can be used.
The interconnection facilities study shall be conducted as follows:
A)
A report shall be transmitted to the applicant with an
interconnection facilities study agreement, that includes an outline
of the scope of the study and a non-binding estimate of the cost to
perform the study within 10 business days after completion of the
interconnection system impact study, if performed, or within 10
business days after the applicant notifies the EDC pursuant to
Section 466.90(b)(4)(C), Section 466.100(c)(3), or Section
466.110(b)(3).
B)
The interconnection facilities study shall estimate the cost of the
equipment, engineering, procurement and construction work,
including overheads, needed to implement the conclusions of the
interconnection feasibility study and the interconnection system
impact study. The interconnection facilities study shall identify:
i)
The electrical switching configuration of the equipment,
including transformer, switchgear, meters and other station
equipment;
ii)
The nature and estimated cost of the EDC's interconnection
facilities and distribution upgrades necessary to accomplish
the interconnection; and
iii)
An estimate for the time required to complete the
construction and installation of the facilities.
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f)
C)
The EDC may agree to permit an applicant to separately arrange
for a third party to design and construct the required
interconnection facilities. In such a case, when the applicant
agrees to separately arrange for design and construction, and to
comply with security and confidentiality requirements, the EDC
shall make all relevant information and required specifications
available to the applicant to permit the applicant to obtain an
independent design and cost estimate for the facilities, which shall
be built in accordance with the EDC's specifications.
D)
Upon completion of the interconnection facilities study, and after
the applicant agrees to pay for the interconnection facilities and
distribution upgrades identified in the interconnection facilities
study, the EDC shall provide a standard distributed generation
interconnection agreement (see Appendix D) for the applicant to
sign the day the EDC makes its determination.
E)
In the event that distribution upgrades are identified in the impact
study that shall be added only in the event that higher-queued
customers not yet interconnected eventually complete and
interconnect their generation facilities, the applicant may elect to
interconnect without paying for such upgrades at the time of the
interconnection, provided that it agrees to pay for such upgrades at
the time the higher-queued customer is ready to interconnect. If
the applicant does not pay for such upgrades at that time, the EDC
shall require the applicant to immediately disconnect its
distribution generation facility to accommodate the higher-queued
customer.
F)
The parties may use an interconnection facilities study agreement
approved by the Commission. If both parties agree, however, an
alternative form can be used.
When an EDC determines, as a result of the studies conducted under a Level 4
review, that it is appropriate to interconnect the distributed generation facility, the
EDC shall provide the applicant with a standard distributed generation
interconnection agreement. If the interconnection request is denied, the EDC
shall provide the applicant with a written explanation as to its reasons for denying
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interconnection. If denied, the interconnection request does not retain its position
in the queue.
g)
Within 30 business days after receipt of the standard distributed generation
interconnection agreement, the applicant shall provide all necessary information
required of the applicant by the agreement, and the EDC shall develop all other
information required of the EDC by the agreement. After completing the
agreement with the additional information, the applicant shall sign and return the
agreement to the EDC. If the applicant does not sign and return the agreement
within 30 business days after its completion, the interconnection request shall be
deemed withdrawn, unless the applicant requests in writing to have the deadline
extended by no more than 15 business days. The initial request for extension may
not be denied by the EDC. If the applicant does not sign the agreement after the
15 business day extension, the interconnection request shall be deemed
withdrawn. If withdrawn, the interconnection request does not retain its position
in the queue. When construction is required, the interconnection of the distributed
generation facility shall proceed according to milestones agreed to by the parties
in the standard distributed generation interconnection agreement.
h)
The standard distributed generation interconnection agreement is not final until:
1)
The requirements of the interconnection agreement are satisfied; and
2)
The distributed generation facility is approved by electric code officials
with jurisdiction over the interconnection; and
3)
The applicant provides a certificate of completion (see Appendix B) to the
EDC. Completion of local inspections may be designated on inspection
forms used by local inspecting authorities; and
4)
The witness test is successfully completed if required by the EDC or if the
witness test is waived according to Article 2.1.1 of Appendix D.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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Section 466.APPENDIX A Level 1 Application and Contract
Illinois Standard Distributed Generation Interconnection
Level 1
Interconnection Request Application Form and
Conditional Agreement to Interconnect
(Lab-Certified Inverter-Based Distributed Generation Facilities 25 kW10 kVA and
Smaller)
AN APPLICATION FEE OF $50.00 MUST BE SUBMITTED WITH THE APPLICATION.
Interconnection Applicant Contact Information
Name:
Mailing Address:
City:
State:
Telephone (Daytime):
Zip Code:
(Evening):
Facsimile Number:
E-Mail Address:
Alternate Contact Information (if different from Applicant)
Name:
Mailing Address:
City:
State:
Telephone (Daytime):
Zip Code:
(Evening):
Facsimile Number:
E-Mail Address:
Equipment Contractor
Name:
Mailing Address:
City:
State:
Zip Code:
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Telephone (Daytime):
(Evening):
Facsimile Number:
E-Mail Address:
Electrical Contractor (if Different from Equipment Contractor):
Name:
Mailing Address:
City:
State:
Telephone (Daytime):
Zip Code:
(Evening):
Facsimile Number:
E-Mail Address:
License number:
Active License?
Yes
No
Is the Interconnection Customer requesting Net Metering in accordance with 83 Ill. Adm. Code
465?
Yes
No
Distributed Generation Facility ("Facility") Information
Facility Address:
City:
State:
Zip Code:
Electric Distribution Company (EDC) serving Facility site:
Electric Supplier (if different from EDC):
Account Number of Facility site (existing EDC customers):
Inverter Manufacturer:
Model:
Is the inverter lab-certified as that term is defined in the Illinois Distributed Generation
Interconnection Standard? Yes
No
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(If yes, attach manufacturer's technical specifications and label information from a nationally
recognized testing laboratory.)
Generation Facility Nameplate Rating:
Prime Mover:
Energy Source:
Photovoltaic
(kW)
(kVA)
Reciprocating Engine
Turbine
Other
Solar
Wind
Hydro
Natural Gas
Fuel Oil
Other
(AC Volts)
Fuel Cell
Diesel
Commissioning Date:
(If the Commissioning Date changes, the interconnection customer must inform the EDC as soon
as it is aware of the changed date.)
Insurance Disclosure
The attached terms and conditions contain provisions related to liability and indemnification, and
should be carefully considered by the interconnection customer. The interconnection customer
shall carry general liability insurance coverage, such as, but not limited to, homeowner's
insurance. Whenever possible, the interconnection customer shall name the EDC as an
additional insured on its homeowner's insurance policy, or similar policy covering general
liability.
Customer Signature
I hereby certify that: (1) I have read and understand the terms and conditions which are attached
hereto by reference; (2) I hereby agree to comply with the attached terms and conditions; and (3)
to the best of my knowledge, all of the information provided in this application request form is
complete and true.
Applicant Signature:
Title:
Date:
………………………………………………………………………………………………………
Conditional Agreement to Interconnect Distributed Generation Facility
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Receipt of the application fee is acknowledged and, by its signature below, the EDC has
determined the interconnection request is complete. Interconnection of the distributed generation
facility is conditionally approved contingent upon the attached terms and conditions of this
Agreement, the return of the attached Certificate of Completion, duly executed verification of
electrical inspection and successful witness test.
EDC Signature:
Date:
Name:
Title:
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Terms and Conditions for Interconnection
1)
Construction of the Distributed Generation Facility. The interconnection customer
may proceed to construct (including operational testing not to exceed 2 hours) the
distributed generation facility, once the conditional Agreement to interconnect a
distributed generation facility has been signed by the EDC.
2)
Final Interconnection and Operation. The interconnection customer may operate the
distributed generation facility and interconnect with the EDC's electric distribution
system after all of the following have occurred:
3)
a)
Electrical Inspection: Upon completing construction, the interconnection
customer shall cause the distributed generation facility to be inspected by the local
electrical inspection authority, who shall establish that the distributed generator
facility meets local code requirements.
b)
Certificate of Completion: The interconnection customer shall provide the EDC
with a copy of the Certificate of Completion, with all relevant and necessary
information fully completed by the interconnection customer, as well as an
inspection form from the local electrical inspection authority demonstrating that
the distributed generation facility passed inspection.
c)
The EDC has completed its witness test as per the following:
i)
Within 10 business days of the commissioning date, the EDC must, upon
reasonable notice and at a mutually convenient time, conduct a witness
test of the distributed generation facility to ensure that all equipment has
been appropriately installed and that all electrical connections have been
made in accordance with the applicable codes.
ii)
If the EDC does not perform the witness test within the 10 business days
after the commissioning date or such other time as is mutually agreed to
by the Parties, the witness test is deemed waived unless the EDC cannot
do so for good cause. In these cases, upon EDC request, the
interconnection customer shall agree to another date for the test within 10
business days after the original scheduled date.
IEEE 1547. The distributed generation facility shall be installed, operated and tested in
accordance with the requirements of The Institute of Electrical and Electronics Engineers,
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Inc. (IEEE), 3 Park Avenue New York, NY 10016-5997, Standard 1547 (2003) "Standard
for Interconnecting Distributed Resources with Electric Power Systems."
4)
Access. The EDC shall have direct, unabated access to the disconnect switch and
metering equipment of the distributed generation facility at all times. The EDC shall
provide 5 business days notice to the customer prior to using its right of access except in
emergencies.
5)
Metering. Any required metering shall be installed pursuant to Illinois Commerce
Commission approved tariffs.
6)
Disconnection. The EDC may disconnect the distributed generation facility upon any of
the following conditions, but must reconnect the distributed generation facility once the
condition is cured:
7)
a)
For scheduled outages, provided that the distributed generation facility is treated
in the same manner as EDC's load customers;
b)
For unscheduled outages or emergency conditions;
c)
If the distributed generation facility does not operate in the manner consistent
with this Agreement;
d)
Improper installation or failure to pass the witness test;
e)
If the distributed generation facility is creating a safety, reliability or a power
quality problem; or
f)
The interconnection equipment used by the distributed generation facility is delisted by the Nationally Recognized Testing Laboratory that provided the listing
at the time the interconnection was approved.
Indemnification. The interconnection customer shall indemnify and defend the EDC
and the EDC's directors, officers, employees, and agents from all damages and expenses
resulting from any third party claim arising out of or based upon the interconnection
customer's (a) negligence or willful misconduct or (b) breach of this Agreement. The
EDC shall indemnify and defend the interconnection customer and the interconnection
customer's directors, officers, employees, and agents from all damages and expenses
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resulting from a third party claim arising out of or based upon the EDC's (a) negligence
or willful misconduct or (b) breach of this Agreement.
8)
Insurance. The interconnection customer shall provide the EDC with proof that it has a
current homeowner's insurance policy, or other general liability policy, and, when
possible, the interconnection customer shall name the EDC as an additional insured on its
homeowner's insurance policy, or similar policy covering general liability.
9)
Limitation of Liability. Each Party's liability to the other Party for any loss, cost, claim,
injury, liability, or expense, including reasonable attorney's fees, relating to or arising
from any act or omission in its performance of this Agreement, shall be limited to the
amount of direct damage actually incurred. In no event shall either Party be liable to the
other Party for any indirect, incidental, special, consequential, or punitive damages of any
kind whatsoever.
10)
Termination. This Agreement may be terminated under the following conditions:
a)
By interconnection customer − The interconnection customer may terminate this
interconnection agreement by providing written notice to the EDC. If the
interconnection customer ceases operation of the distributed generation facility,
the interconnection customer must notify the EDC
b)
By the EDC − The EDC may terminate this Agreement if the interconnection
customer fails to remedy a violation of terms of this Agreement within 30
calendar days after notice, or such other date as may be mutually agreed to prior
to the expiration of the 30 calendar day remedy period. The termination date may
be no less than 30 calendar days after the interconnection customer receives
notice of its violation from the EDC.
11)
Modification of Distributed Generation Facility. The interconnection customer must
receive written authorization from the EDC before making any changes to the distributed
generation facility that could affect the EDC's distribution system. If the interconnection
customer makes such modifications without the EDC's prior written authorization, the
EDC shall have the right to disconnect the distributed generation facility.
12)
Permanent Disconnection. In the event the Agreement is terminated, the EDC shall
have the right to disconnect its facilities or direct the interconnection customer to
disconnect its distributed generation facility.
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13)
Disputes. Each Party agrees to attempt to resolve all disputes regarding the provisions of
this agreement that cannot be resolved between the two Parties pursuant to the dispute
resolution provisions found in 83 Ill. Adm. Code 466.130.
14)
Governing Law, Regulatory Authority, and Rules. The validity, interpretation and
enforcement of this Agreement and each of its provisions shall be governed by the laws
of the State of Illinois. Nothing in this Agreement is intended to affect any other
agreement between the EDC and the interconnection customer.
15)
Survival Rights. This Agreement shall remain in effect after termination to the extent
necessary to allow or require either Party to fulfill rights or obligations that arose under
the Agreement.
16)
Assignment/Transfer of Ownership of the Distributed Generation Facility. This
Agreement shall terminate upon the transfer of ownership of the distributed generation
facility to a new owner unless the transferring owner assigns the agreement to the new
owner, the new owner agrees in writing to the terms of this agreement, and the
transferring owner so notifies the EDC in writing prior to the transfer of ownership.
17)
Definitions. Any term used herein and not defined shall have the same meaning as the
defined terms used in 83 Ill. Adm. Code 466 (the Illinois Distributed Generation
Interconnection Standard).
18)
Notice. The Parties may mutually agree to provide notices, demands, comments, or
requests by electronic means such as e-mail. Absent agreement to electronic
communication, or unless otherwise provided in this Agreement, any written notice,
demand, or request required or authorized in connection with this Agreement shall be
deemed properly given if delivered in person, delivered by recognized national courier
service, or sent by first class mail, postage prepaid, to the person specified below:
If to Interconnection Customer:
Use the contact information provided in the interconnection customer's application. The
interconnection customer is responsible for notifying the EDC of any change in the
contact party information, including change of ownership.
If to EDC:
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Use the contact information provided below. The EDC is responsible for notifying the
interconnection customer of any change in the contact party information.
Name:
Mailing Address:
City:
Telephone (Daytime):
Facsimile Number:
State:
(Evening):
E-Mail Address:
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Zip Code:
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Section 466.APPENDIX B Certificate of Completion
Certificate of Completion
(To be completed and returned to the EDC when installation is complete
and final electric inspector approval has been obtained1)
Interconnection Customer Information
Name:
Mailing Address:
City:
Telephone (Daytime):
Facsimile Number:
State:
Zip Code:
(Evening):
E-Mail Address:
Check if owner-installed
Installer
Name:
Mailing Address:
City:
Telephone (Daytime):
Facsimile Number:
State:
Zip Code:
(Evening):
E-Mail Address:
Final Electric Inspection and Interconnection Customer Signature
The distributed generation facility is complete and has been approved by the local electric
inspector having jurisdiction. A signed copy of the electric inspector's form indicating final
approval is attached. The interconnection customer acknowledges that it shall not operate the
1
Prior to interconnected operation, the interconnection customer is required to complete this form and return it to
the EDC. Use contact information provided on the EDC's web page for generator interconnection to obtain
mailing address/fax number/e-mail address.
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distributed generation facility until receipt of the final acceptance and approval by the EDC as
provided below.
Signed:
Date:
(Signature of interconnection customer)
Printed Name:
Check if copy of signed electric inspection form is attached
Check if copy of as built documents is attached (projects larger than 25 kW10 kVA only)
……………………………………………………………………………………………………
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Acceptance and Final Approval for Interconnection (for EDC use only)
The interconnection agreement is approved and the distributed generation facility is approved for
interconnected operation upon the signing and return of this Certificate of Completion by EDC:
Electric Distribution Company waives Witness Test?
(Initial)
If not waived, date of successful Witness
Test:
Yes
(____)
Passed: (Initial)
EDC Signature:
Date:
Printed Name:
Title:
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
No
(____)
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Section 466.APPENDIX C Levels 2 to 4 Application
Level 2, Level 3 & Level 4
Interconnection Request Application Form
(Greater than 25 kW10 kVA to 10 MVA or less)
Interconnection Customer Contact Information
Name:
Mailing Address:
City:
State:
Telephone (Daytime):
(Evening):
Facsimile Number:
E-Mail Address:
Zip Code:
Alternative Contact Information (if different from Customer Contact Information)
Name:
Mailing Address:
City:
State:
Telephone (Daytime):
(Evening):
Facsimile Number:
E-Mail Address:
Zip Code:
Facility Address (if different from above):
City:
State:
Electric Distribution Company (EDC) Serving Facility Site:
Electric Supplier (if different from EDC):
Account Number of Facility Site (existing EDC customers):
Inverter Manufacturer:
Equipment Contractor
Model:
Zip Code:
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Name:
Mailing Address:
City:
State:
Telephone (Daytime):
(Evening):
Facsimile Number:
E-Mail Address:
Zip Code:
Electrical Contractor (if different from Equipment Contractor)
Name:
Mailing Address:
City:
State:
Telephone (Daytime):
(Evening):
Facsimile Number:
E-Mail Address:
Zip Code:
License Number:
Electric Service Information for Customer Facility Where Generator Will Be
Interconnected
Capacity:
Type of Service:
(Amps)
Voltage:
Single Phase
(Volts)
Three Phase
If 3 Phase Transformer, Indicate Type:
Primary Winding
Wye
Delta
Secondary Winding
Wye
Delta
Transformer Size:
Impedance:
Intent of Generation
Offset Load (Unit will operate in parallel, but will not export power to EDC)
Net Meter (Unit will operate in parallel and will export power pursuant to Illinois Net
Metering or other filed tariffs)
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Wholesale Market Transaction (Unit will operate in parallel and participate in PJM or
MISO markets pursuant to a PJM Wholesale Market Participation Agreement or MISO
equivalent)
Back-up Generation (Units that temporarily operate in parallel with the electric distribution
system for more than 100 milliseconds)
Note: Backup units that do not operate in parallel for more than 100 milliseconds do not need an
interconnection agreement.
Generator & Prime Mover Information
ENERGY SOURCE (Hydro, Wind, Solar, Process Byproduct, Biomass, Oil, Natural Gas, Coal, etc.):
ENERGY CONVERTER TYPE (Wind Turbine, Photovoltaic Cell, Fuel Cell, Steam Turbine, etc.):
GENERATOR SIZE:
NUMBER OF UNITS:
TOTAL CAPACITY:
kW or
kVA
GENERATOR TYPE (Check one):
Induction
Inverter
2008__________________
kW or
Synchronous
kVA
Other 14504August 25,
Requested Procedure Under Which to Evaluate Interconnection Request1
Please indicate below which review procedure applies to the interconnection request. The
review procedure used is subject to confirmation by the EDC.
Level 2 – Lab-certified interconnection equipment with an aggregate electric
nameplate capacity not exceeding the specifications in Section 466.90(b)(2).less than
or equal to 2 MVA. Lab-certified is defined in Section 466.30. (Application fee is
$100 plus $1.00 per kVA.)
Level 3 – Distributed generation facility does not export power. Nameplate capacity
rating is less than or equal to 50 kW50 kVA if connecting to area network or less
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than or equal to 10 MW10 MVA if connecting to a radial distribution feeder.
(Application fee amount is $500 plus $2.00 per kVA.)
Level 4 – Nameplate capacity rating is less than or equal to 10 MVA and the
distributed generation facility does not qualify for a Level 1, Level 2 or Level 3
review, or the distributed generation facility has been reviewed but not approved
under a Level 1, Level 2 or Level 3 review. (Application fee amount is $1,000 plus
$2.00 per kVA, to be applied toward any subsequent studies related to this
application.)
1
Note:
Descriptions for interconnection review categories do not list all criteria that must be
satisfied. For a complete list of criteria, please refer to 83 Ill. Adm. Code 466,
Electric Interconnection of Distributed Generation Facilities.
Distributed Generation Facility Information
Commissioning Date: _________________________________
List interconnection components/systems to be used in the distributed generation facility
that are lab-certified.
Component/System
NRTL Providing Label & Listing
1.
2.
3.
4.
5.
Please provide copies of manufacturer brochures or technical specifications.
Energy Production Equipment/Inverter Information:
Synchronous
Rating:
Induction
kW
Inverter
Rating:
Other
kVA
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Rated Voltage:
Volts
Rated Current:
Amps
System Type Tested (Total System):
Yes
No; attach product literature
For Synchronous Machines:
Note: Contact EDC to determine if all the information requested in this section is required
for the proposed distributed generation facility.
Manufacturer:
Model No.:
Version No.:
Submit copies of the Saturation Curve and the Vee Curve
Salient
Torque:
Non-Salient
lb/ft
Rated RPM:
voltage and current and
at rated
generator
Field Amperes:
% PF over-excited
Type of Exciter:
Output Power of Exciter:
Type of Voltage Regulator:
Current:
Locked Rotor
Amps
Winding Connection:
Generator Connection:
Synchronous Speed:
RPM
Min. Operating Freq./Time:
Delta
Wye
Wye Grounded
Direct-axis Synchronous Reactance:
(Xd)
ohms
Direct-axis Transient Reactance:
(X'd)
ohms
Direct-axis Sub-transient Reactance:
(X''d)
ohms
Negative Sequence Reactance:
ohms
Zero Sequence Reactance:
ohms
Neutral Impedance or Grounding Resister (if any):
ohms
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For Induction Machines:
Note: Contact EDC to determine if all the information requested in this section is required
for the proposed distributed generation facility.
Manufacturer:
Model No.:
Version No.:
Locked Rotor Current:
Amps
Rotor Resistance (Rr):
ohms Exciting Current:
Rotor Reactance (Xr):
ohms Reactive Power Required:
Magnetizing Reactance (Xm):
ohms
Stator Resistance (Rs):
ohms
Stator Reactance (Xs):
ohms
Short Circuit Reactance (X"d):
Phases:
Single
Frame Size:
VARs (No Load)
VARs (Full Load)
ohms
Three Phase
Design Letter:
Temp. Rise:
Reverse Power Relay Information (Level 3 Review Only)
Manufacturer:
Relay Type:
Model Number:
Reverse Power Setting:
Reverse Power Time Delay (if any):
Additional Information For Inverter-Based Facilities
Inverter Information:
Manufacturer:
Type:
Amps
Model:
Forced Commutated
Line Commutated
°C.
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Rated Output:
Watts
Efficiency:
%
Inverter UL 1741 Listed:
Volts
Power Factor:
Yes
%
No
DC Source / Prime Mover:
Rating:
kW
Rating:
Rated Voltage:
kVA
Volts
Open Circuit Voltage (if applicable):
Rated Current:
Volts
Amps
Short Circuit Current (if applicable):
Amps
Other Facility Information:
One Line Diagram attached:
Plot Plan attached:
Yes
Yes
Customer Signature
I hereby certify that all of the information provided in this Interconnection Request Application
Form is true.
Applicant Signature:
Title:
Date:
An application fee is required before the application can be processed. Please verify that the
appropriate fee is included with the application:
Amount: _____________________
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EDC Acknowledgement
Receipt of the application fee is acknowledged and this interconnection request is complete.
EDC Signature:
Printed Name:
Date:
Title:
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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Section 466.APPENDIX D Levels 12 to 4 Contract
STANDARD AGREEMENT FOR INTERCONNECTION
OF DISTRIBUTED GENERATION FACILITIES WITH A
CAPACITY LESS THAN OR EQUAL TO 10 MVA
This agreement ("Agreement") is made and entered into
this
day of
, by and between
("interconnection customer"),
as an individual person, or as a
organized and existing under the
laws of the State of
and
, ("Electric
existing under the laws of the State
Distribution Company" (EDC)), a
of
Illinois. Interconnection customer and EDC each may be referred to as a "Party," or
collectively as the "Parties."
Recitals:
Whereas, interconnection customer is proposing to install or direct the installation of a
distributed generation facility, or is proposing a generating capacity addition to an existing
distributed generation facility, consistent with the interconnection request application form
completed by interconnection customer on ________________; and
Whereas, the interconnection customer will operate and maintain, or cause the operation and
maintenance of, the distributed generation facility; and
Whereas, interconnection customer desires to interconnect the distributed generation facility
with EDC's electric distribution system.
Now, therefore, in consideration of the premises and mutual covenants set forth in this
Agreement, and other good and valuable consideration, the receipt, sufficiency and adequacy of
which are hereby acknowledged, the Parties covenant and agree as follows:
Article 1. Scope and Limitations of Agreement
1.1
This Agreement shall be used for all approved interconnection requests for distributed
generation facilities that fall under Levels 1, 2, 3 and 4 according to the procedures set
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forth in Part 466 of the Commission's rules (83 Ill. Adm. Code 466) (referred to as the
Illinois Distributed Generation Interconnection Standard).
1.2
This Agreement governs the terms and conditions under which the distributed generation
facility will interconnect to, and operate in parallel with, the EDC's electric distribution
system.
1.3
This Agreement does not constitute an agreement to purchase or deliver the
interconnection customer's power.
1.4
Nothing in this Agreement is intended to affect any other agreement between the EDC
and the interconnection customer.
1.5
Terms used in this agreement are defined as in Section 466.30 of the Illinois Distributed
Generation Interconnection Standard unless otherwise noted.
1.6
Responsibilities of the Parties
1.6.1
The Parties shall perform all obligations of this Agreement in accordance with all
applicable laws and regulations.
1.6.2
The EDC shall construct, own, operate, and maintain its interconnection facilities
in accordance with this Agreement.
1.6.3
The interconnection customer shall construct, own, operate, and maintain its
distributed generation facility and interconnection facilities in accordance with
this Agreement.
1.6.4
Each Party shall operate, maintain, repair, and inspect, and shall be fully
responsible for, the facilities that it now or subsequently may own unless
otherwise specified in the attachments to this Agreement. Each Party shall be
responsible for the safe installation, maintenance, repair and condition of its
respective lines and appurtenances on its respective sides of the point of
interconnection.
1.6.5
The interconnection customer agrees to design, install, maintain and operate its
distributed generation facility so as to minimize the likelihood of causing an
adverse system impact on the electric distribution system or any other electric
system that is not owned or operated by the EDC.
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1.7
Parallel Operation Obligations
Once the distributed generation facility has been authorized to commence parallel
operation, the interconnection customer shall abide by all operating procedures
established in IEEE Standard 1547 and any other applicable laws, statutes or guidelines,
including those specified in Attachment 4 of this Agreement.
1.8
Metering
The interconnection customer shall be responsible for the cost to purchase, install,
operate, maintain, test, repair, and replace metering and data acquisition equipment
specified in Attachments 5 and 6 of this Agreement.
1.9
Reactive Power
1.10
1.9.1
Interconnection customers with a distributed generation facility larger than or
equal to 1 MVA shall design their distributed generation facilities to maintain a
power factor at the point of interconnection between .95 lagging and .95 leading
at all times. Interconnection customers with a distributed generation facility
smaller than 1 MVA shall design their distributed generation facility to maintain a
power factor at the point of interconnection between .90 lagging and .90 leading
at all times.
1.9.2
Any EDC requirements for meeting a specific voltage or specific reactive power
schedule as a condition for interconnection shall be clearly specified in
Attachment 4. Under no circumstance shall the EDC's additional requirements for
voltage or reactive power schedules exceed the normal operating capabilities of
the distributed generation facility.
1.9.3
If the interconnection customer does not operate the distributed generation facility
within the power factor range specified in Attachment 4, or does not operate the
distribute generation facility in accordance with a voltage or reactive power
schedule specified in Attachment 4, the interconnection customer is in default,
and the terms of Article 6.5 apply.
Standards of Operations
The interconnection customer must obtain all certifications, permits, licenses and
approvals necessary to construct, operate and maintain the facility and to perform its
obligations under this Agreement. The interconnection customer is responsible for
coordinating and synchronizing the distributed generation facility with the EDC's system.
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The interconnection customer is responsible for any damage that is caused by the
interconnection customer's failure to coordinate or synchronize the distributed generation
facility with the electric distribution system. The interconnection customer agrees to be
primarily liable for any damages resulting from the continued operation of the distributed
generation facility after the EDC ceases to energize the line section to which the
distributed generation facility is connected. In Attachment 4, the EDC shall specify the
shortest reclose time setting for its protection equipment that could affect the distributed
generation facility. The EDC shall notify the interconnection customer at least 10
business days prior to adopting a faster reclose time on any automatic protective
equipment, such as a circuit breaker or line recloser, that might affect the distributed
generation facility.
Article 2. Inspection, Testing, Authorization, and Right of Access
2.1
Equipment Testing and Inspection
The interconnection customer shall test and inspect its distributed generation facility
including the interconnection equipment prior to interconnection in accordance with
IEEE Standard 1547 (2003) and IEEE Standard 1547.1 (2005). The interconnection
customer shall not operate its distributed generation facility in parallel with the EDC's
electric distribution system without prior written authorization by the EDC as provided
for in Articles 2.1.1-2.1.3.
2.1.1
The EDC shall perform a witness test after construction of the distributed
generation facility is completed, but before parallel operation, unless the EDC
specifically waives the witness test. The interconnection customer shall provide
the EDC at least 15 business days notice of the planned commissioning test for
the distributed generation facility. If the EDC performs a witness test at a time
that is not concurrent with the commissioning test, it shall contact the
interconnection customer to schedule the witness test at a mutually agreeable time
within 10 business days after the scheduled commissioning test designated on the
application. If the EDC does not perform the witness test within 10 business days
after the commissioning test, the witness test is deemed waived unless the Parties
mutually agree to extend the date for scheduling the witness test, or unless the
EDC cannot do so for good cause, in which case, the Parties shall agree to another
date for scheduling the test within 10 business days after the original scheduled
date. If the witness test is not acceptable to the EDC, the interconnection customer
has 30 business days to address and resolve any deficiencies. This time period
may be extended upon agreement between the EDC and the interconnection
customer. If the interconnection customer fails to address and resolve the
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deficiencies to the satisfaction of the EDC, the applicable cure provisions of
Article 6.5 shall apply. The interconnection customer shall, if requested by the
EDC, provide a copy of all documentation in its possession regarding testing
conducted pursuant to IEEE Standard 1547.1.
2.1.2
If the interconnection customer conducts interim testing of the distributed
generation facility prior to the witness test, the interconnection customer shall
obtain permission from the EDC before each occurrence of operating the
distributed generation facility in parallel with the electric distribution system. The
EDC may, at its own expense, send qualified personnel to the distributed
generation facility to observe such interim testing, but it cannot mandate that
these tests be considered in the final witness test. The EDC is not required to
observe the interim testing or precluded from requiring the tests be repeated at the
final witness test.
2.1.3
After the distributed generation facility passes the witness test, the EDC shall
affix an authorized signature to the certificate of completion and return it to the
interconnection customer approving the interconnection and authorizing parallel
operation. The authorization shall not be conditioned or delayed.
2.2
Commercial Operation
The interconnection customer shall not operate the distributed generation facility, except
for interim testing as provided in Article 2.1, until such time as the certificate of
completion is signed by all Parties.
2.3
Right of Access
The EDC must have access to the disconnect switch and metering equipment of the
distributed generation facility at all times. When practical, the EDC shall provide notice
to the customer prior to using its right of access.
Article 3. Effective Date, Term, Termination, and Disconnection
3.1
Effective Date
This Agreement shall become effective upon execution by all Parties.
3.2
Term of Agreement
This Agreement shall become effective on the effective date and shall remain in effect
unless terminated in accordance with Article 3.3 of this Agreement.
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3.3
3.4
Termination
3.3.1
The interconnection customer may terminate this Agreement at any time by
giving the EDC 30 calendar days prior written notice.
3.3.2
Either Party may terminate this Agreement after default pursuant to Article 6.5.
3.3.3
The EDC may terminate, upon 60 calendar days' prior written notice, for failure
of the interconnection customer to complete construction of the distributed
generation facility within 12 months after the in-service date as specified by the
Parties in Attachment 2, which may be extended by agreement between the
Parties.
3.3.4
The EDC may terminate this Agreement, upon 60 calendar days' prior written
notice, if the interconnection customer has abandoned, cancelled, permanently
disconnected or stopped development, construction, or operation of the distributed
generation facility, or if the interconnection customer fails to operate the
distributed generation facility in parallel with the EDC's electric system for three
consecutive years.
3.3.5
Upon termination of this Agreement, the distributed generation facility will be
disconnected from the EDC's electric distribution system. Terminating this
Agreement does not relieve either Party of its liabilities and obligations that are
owed or continuing when the Agreement is terminated.
3.3.6
If the Agreement is terminated, the interconnection customer loses its position in
the interconnection queue.
Temporary Disconnection
A Party may temporarily disconnect the distributed generation facility from the electric
distribution system in the event one or more of the following conditions or events occurs:
3.4.1
Emergency conditions – shall mean any condition or situation: (1) that in the
judgment of the Party making the claim is likely to endanger life or property; or
(2) that the EDC determines is likely to cause an adverse system impact, or is
likely to have a material adverse effect on the EDC's electric distribution system,
interconnection facilities or other facilities, or is likely to interrupt or materially
interfere with the provision of electric utility service to other customers; or (3)
that is likely to cause a material adverse effect on the distributed generation
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facility or the interconnection equipment. Under emergency conditions, the EDC
or the interconnection customer may suspend interconnection service and
temporarily disconnect the distributed generation facility from the electric
distribution system. The EDC must notify the interconnection customer when it
becomes aware of any conditions that might affect the interconnection customer's
operation of the distributed generation facility. The interconnection customer shall
notify the EDC when it becomes aware of any condition that might affect the
EDC's electric distribution system. To the extent information is known, the
notification shall describe the condition, the extent of the damage or deficiency,
the expected effect on the operation of both Parties' facilities and operations, its
anticipated duration, and the necessary corrective action.
3.4.2
Scheduled maintenance, construction, or repair – the EDC may interrupt
interconnection service or curtail the output of the distributed generation facility
and temporarily disconnect the distributed generation facility from the EDC's
electric distribution system when necessary for scheduled maintenance,
construction, or repairs on EDC's electric distribution system. To the extent
possible, the EDC shall provide the interconnection customer with notice five
business days before an interruption. The EDC shall coordinate the reduction or
temporary disconnection with the interconnection customer; however, the
interconnection customer is responsible for out-of-pocket costs incurred by the
EDC for deferring or rescheduling maintenance, construction or repair at the
interconnection customer's request.
3.4.3
Forced outages – The EDC may suspend interconnection service to repair the
EDC's electric distribution system. The EDC shall provide the interconnection
customer with prior notice, if possible. If prior notice is not possible, the EDC
shall, upon written request, provide the interconnection customer with written
documentation, after the fact, explaining the circumstances of the disconnection.
3.4.4
Adverse system impact – the EDC must provide the interconnection customer
with written notice of its intention to disconnect the distributed generation facility,
if the EDC determines that operation of the distributed generation facility creates
an adverse system impact. The documentation that supports the EDC's decision to
disconnect must be provided to the interconnection customer. The EDC may
disconnect the distributed generation facility if, after receipt of the notice, the
interconnection customer fails to remedy the adverse system impact, unless
emergency conditions exist, in which case, the provisions of Article 3.4.1 apply.
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The EDC may continue to leave the generating facility disconnected until the
adverse system impact is corrected.
3.4.5
Modification of the distributed generation facility – The interconnection customer
must receive written authorization from the EDC prior to making any change to
the distributed generation facility, other than a minor equipment modification. If
the interconnection customer modifies its facility without the EDC's prior written
authorization, the EDC has the right to disconnect the distributed generation
facility until such time as the EDC concludes the modification poses no threat to
the safety or reliability of its electric distribution system.
3.4.6
The EDC is not responsible for any lost opportunity or other costs incurred by the
interconnection customer as a result of an interruption of service under Article 3.
Article 4. Cost Responsibility for Interconnection Facilities and Distribution Upgrades
4.1
4.2
Interconnection Facilities
4.1.1
The interconnection customer shall pay for the cost of the interconnection
facilities itemized in Attachment 3. The EDC shall identify the additional
interconnection facilities necessary to interconnect the distributed generation
facility with the EDC's electric distribution system, the cost of those facilities, and
the time required to build and install those facilities, as well as an estimated date
of completion of the building or installation of those facilities.
4.1.2
The interconnection customer is responsible for its expenses, including overheads,
associated with owning, operating, maintaining, repairing, and replacing its
interconnection equipment.
Distribution Upgrades
The EDC shall design, procure, construct, install, and own any distribution upgrades. The
actual cost of the distribution upgrades, including overheads, shall be directly assigned to
the interconnection customer whose distributed generation facility caused the need for the
distribution upgrades.
Article 5. Billing, Payment, Milestones, and Financial Security
5.1
Billing and Payment Procedures and Final Accounting (Applies to supplemental
reviewsadditional reviews conducted under a Level 2Level 1, 2 or 3 review with EDC
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construction necessary for accommodating the distributed generation facility, and Level 4
reviews)
5.2
5.1.1
The EDC shall bill the interconnection customer for the design, engineering,
construction, and procurement costs of EDC-provided interconnection facilities
and distribution upgrades contemplated by this Agreement as set forth in
Attachment 3. The billing shall occur on a monthly basis, or as otherwise agreed
to between the Parties. The interconnection customer shall pay each bill within 30
calendar days after receipt, or as otherwise agreed to between the Parties.
5.1.2
Within 90 calendar days after completing the construction and installation of the
EDC's interconnection facilities and distribution upgrades described in
Attachments 2 and 3 to this Agreement, the EDC shall provide the
interconnection customer with a final accounting report of any difference between
(1) the actual cost incurred to complete the construction and installation of the
EDC's interconnection facilities and distribution upgrades; and (2) the
interconnection customer's previous deposit and aggregate payments to the EDC
for the interconnection facilities and distribution upgrades. If the interconnection
customer's cost responsibility exceeds its previous deposit and aggregate
payments, the EDC shall invoice the interconnection customer for the amount due
and the interconnection customer shall make payment to the EDC within 30
calendar days. If the interconnection customer's previous deposit and aggregate
payments exceed its cost responsibility under this Agreement, the EDC shall
refund to the interconnection customer an amount equal to the difference within
30 calendar days after the final accounting report. Upon request from the
interconnection customer, if the difference between the budget estimate and the
actual cost exceeds 20%, the EDC will provide a written explanation for the
difference.
5.1.3
If a Party disputes any portion of its payment obligation pursuant to this Article 5,
the Party shall pay in a timely manner all non-disputed portions of its invoice, and
the disputed amount shall be resolved pursuant to the dispute resolution
provisions contained in Article 8. A Party disputing a portion of an Article 5
payment shall not be considered to be in default of its obligations under this
Article.
Interconnection Customer Deposit
At least 20 business days prior to the commencement of the design, procurement,
installation, or construction of the EDC's interconnection facilities and distribution
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upgrades, the interconnection customer shall provide the EDC with a deposit equal to
100% of the estimated, non-binding cost to procure, install, or construct any such
facilities. However, when the estimated date of completion of the building or installation
of facilities exceeds three months from the date of notification, pursuant to Article 4.1.1
of this Agreement, this deposit may be held in escrow by a mutually agreed-upon thirdparty, with any interest to inure to the benefit of the interconnection customer.
Article 6. Assignment, Limitation on Damages, Indemnity, Force Majeure, and Default
6.1
6.2
Assignment
This Agreement may be assigned by either Party. If the interconnection customer
attempts to assign this Agreement, the assignee must agree to the terms of this Agreement
in writing and such writing must be provided to the EDC. Any attempted assignment that
violates this Article is void and ineffective. Assignment shall not relieve a Party of its
obligations, nor shall a Party's obligations be enlarged, in whole or in part, by reason of
the assignment. An assignee is responsible for meeting the same obligations as the
assignor.
6.1.1
Either Party may assign this Agreement without the consent of the other Party to
any affiliate (including mergers, consolidations, or transfers, or a sale of a
substantial portion of the Party's assets, between the Party and another entity), of
the assigning Party that has an equal or greater credit rating and the legal authority
and operational ability to satisfy the obligations of the assigning Party under this
Agreement.
6.1.2
The interconnection customer can assign this Agreement, without the consent of
the EDC, for collateral security purposes to aid in providing financing for the
distributed generation facility.
Limitation on Damages
Except for cases of gross negligence or willful misconduct, the liability of any Party to
this Agreement shall be limited to direct actual damages and reasonable attorney's fees,
and all other damages at law are waived. Under no circumstances, except for cases of
gross negligence or willful misconduct, shall any Party or its directors, officers,
employees and agents, or any of them, be liable to another Party, whether in tort, contract
or other basis in law or equity for any special, indirect, punitive, exemplary or
consequential damages, including lost profits, lost revenues, replacement power, cost of
capital or replacement equipment. This limitation on damages shall not affect any Party's
rights to obtain equitable relief, including specific performance, as otherwise provided in
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this Agreement. The provisions of this Article 6.2 shall survive the termination or
expiration of the Agreement.
6.3
Indemnity
6.3.1
This provision protects each Party from liability incurred to third parties as a
result of carrying out the provisions of this Agreement. Liability under this
provision is exempt from the general limitations on liability found in Article 6.2.
6.3.2
The interconnection customer shall indemnify and defend the EDC and the EDC's
directors, officers, employees, and agents, from all damages and expenses
resulting from a third party claim arising out of or based upon the interconnection
customer's (a) negligence or willful misconduct or (b) breach of this Agreement.
6.3.3
The EDC shall indemnify and defend the interconnection customer and the
interconnection customer's directors, officers, employees, and agents from all
damages and expenses resulting from a third party claim arising out of or based
upon the EDC's (a) negligence or willful misconduct or (b) breach of this
Agreement.
6.3.4
Within 5 business days after receipt by an indemnified Party of any claim or
notice that an action or administrative or legal proceeding or investigation as to
which the indemnity provided for in this Article may apply has commenced, the
indemnified Party shall notify the indemnifying Party of such fact. The failure to
notify, or a delay in notification, shall not affect a Party's indemnification
obligation unless that failure or delay is materially prejudicial to the indemnifying
Party.
6.3.5
If an indemnified Party is entitled to indemnification under this Article as a result
of a claim by a third party, and the indemnifying Party fails, after notice and
reasonable opportunity to proceed under this Article, to assume the defense of
such claim, that indemnified Party may, at the expense of the indemnifying Party,
contest, settle or consent to the entry of any judgment with respect to, or pay in
full, the claim.
6.3.6
If an indemnifying Party is obligated to indemnify and hold any indemnified Party
harmless under this Article, the amount owing to the indemnified person shall be
the amount of the indemnified Party's actual loss, net of any insurance or other
recovery.
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6.4
6.5
Force Majeure
6.4.1
As used in this Article, a force majeure event shall mean any act of God, labor
disturbance, act of the public enemy, war, acts of terrorism, insurrection, riot, fire,
storm or flood, explosion, breakage or accident to machinery or equipment
through no direct, indirect, or contributory act of a Party, any order, regulation or
restriction imposed by governmental, military or lawfully established civilian
authorities, or any other cause beyond a Party's control. A force majeure event
does not include an act of gross negligence or intentional wrongdoing by the Party
claiming force majeure.
6.4.2
If a force majeure event prevents a Party from fulfilling any obligations under this
Agreement, the Party affected by the force majeure event ("Affected Party") shall
notify the other Party of the existence of the force majeure event within one
business day. The notification must specify the circumstances of the force
majeure event, its expected duration, and the steps that the Affected Party is
taking and will take to mitigate the effects of the event on its performance. If the
initial notification is verbal, it must be followed up with a written notification
within one business day. The Affected Party shall keep the other Party informed
on a continuing basis of developments relating to the force majeure event until the
event ends. The Affected Party may suspend or modify its obligations under this
Agreement (other than the obligation to make payments) only to the extent that
the effect of the force majeure event cannot be otherwise mitigated.
Default
6.5.1
No default shall exist when the failure to discharge an obligation (other than the
payment of money) results from a force majeure event as defined in this
Agreement, or the result of an act or omission of the other Party.
6.5.2
A Party shall be in default ("Default") of this Agreement if it fails in any material
respect to comply with, observe or perform, or defaults in the performance of, any
covenant or obligation under this Agreement and fails to cure the failure within 60
calendar days after receiving written notice from the other Party. Upon a default
of this Agreement, the non-defaulting Party shall give written notice of the default
to the defaulting Party. Except as provided in Article 6.5.3, the defaulting Party
has 60 calendar days after receipt of the default notice to cure the default;
provided, however, if the default cannot be cured within 60 calendar days, the
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defaulting Party shall commence the cure within 20 calendar days after original
notice and complete the cure within six months from receipt of the default notice;
and, if cured within that time, the default specified in the notice shall cease to
exist.
6.5.3
If a Party has assigned this Agreement in a manner that is not specifically
authorized by Article 6.1, fails to provide reasonable access pursuant to Article
2.3, and is in default of its obligations pursuant to Article 7, or if a Party is in
default of its payment obligations pursuant to Article 5 of this Agreement, the
defaulting Party has 30 days from receipt of the default notice to cure the default.
6.5.4
If a default is not cured as provided for in this Article, or if a default is not
capable of being cured within the period provided for in this Article, the nondefaulting Party shall have the right to terminate this Agreement by written
notice, and be relieved of any further obligation under this Agreement and,
whether or not that Party terminates this Agreement, to recover from the
defaulting Party all amounts due under this Agreement, plus all other damages
and remedies to which it is entitled at law or in equity. The provisions of this
Article shall survive termination of this Agreement.
Article 7. Insurance
For distributed generation facilities with a nameplate capacity of 1 MVA or above, the
interconnection customer shall carry sufficient insurance coverage so that the maximum
comprehensive/general liability coverage that is continuously maintained by the interconnection
customer during the term shall be not less than $2,000,000 for each occurrence, and an
aggregate, if any, of at least $4,000,000. The EDC, its officers, employees and agents shall be
added as an additional insured on this policy. The interconnection customer agrees to provide the
EDC with at least 30 calendar days advance written notice of cancellation, reduction in limits, or
non-renewal of any insurance policy required by this Article.
Article 8. Dispute Resolution
8.1
Parties shall attempt to resolve all disputes regarding interconnection as provided in this
Article in a good faith manner.
8.2
If there is a dispute between the Parties about an interpretation of the Agreement, the
aggrieved Party shall issue a written notice to the other Party to the agreement that
specifies the dispute and the Agreement articles that are disputed.
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8.3
A meeting between the Parties shall be held within ten days after receipt of the written
notice. Persons with decision-making authority from each Party shall attend the meeting.
If the dispute involves technical issues, persons with sufficient technical expertise and
familiarity with the issue in dispute from each Party shall also attend the meeting. The
meeting may be conducted by teleconference.
8.4
After the first meeting, each Party may seek resolution through complaint or mediation
procedures available at the Commission. The Commission may designate an engineer
from the Commission's Energy Division to assist in resolving the dispute. Dispute
resolution shall be conducted in a manner designed to minimize costs and delay. Dispute
resolution may be conducted by phone.
8.5
Pursuit of dispute resolution may not affect an interconnection request or an
interconnection applicant's position in the EDC's interconnection queue.
8.6
If the Parties fail to resolve their dispute under the dispute resolution provisions of this
Article, nothing in this Article shall affect any Party's rights to obtain equitable relief,
including specific performance, as otherwise provided in this Agreement.
Article 9. Miscellaneous
9.1
Governing Law, Regulatory Authority, and Rules
The validity, interpretation and enforcement of this Agreement and each of its provisions
shall be governed by the laws of the State of Illinois, without regard to its conflicts of law
principles. This Agreement is subject to all applicable laws and regulations. Each Party
expressly reserves the right to seek change in, appeal, or otherwise contest any laws,
orders or regulations of a governmental authority. The language in all parts of this
Agreement shall in all cases be construed as a whole, according to its fair meaning, and
not strictly for or against the EDC or interconnection customer, regardless of the
involvement of either Party in drafting this Agreement.
9.2
Amendment
Modification of this Agreement shall be only by a written instrument duly executed by
both Parties.
9.3
No Third-Party Beneficiaries
This Agreement is not intended to and does not create rights, remedies, or benefits of any
character whatsoever in favor of any persons, corporations, associations, or entities other
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than the Parties, and the obligations in this Agreement assumed are solely for the use and
benefit of the Parties, their successors in interest and, where permitted, their assigns.
9.4
Waiver
9.4.1
Except as otherwise provided in this Agreement, a Party's compliance with any
obligation, covenant, agreement, or condition in this Agreement may be waived
by the Party entitled to the benefits thereof only by a written instrument signed by
the Party granting the waiver, but the waiver or failure to insist upon strict
compliance with the obligation, covenant, agreement, or condition shall not
operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
9.4.2. Failure of any Party to enforce or insist upon compliance with any of the terms or
conditions of this Agreement, or to give notice or declare this Agreement or the
rights under this Agreement terminated, shall not constitute a waiver or
relinquishment of any rights set out in this Agreement, but the same shall be and
remain at all times in full force and effect, unless and only to the extent expressly
set forth in a written document signed by that Party granting the waiver or
relinquishing any such rights. Any waiver granted, or relinquishment of any right,
by a Party shall not operate as a relinquishment of any other rights or a waiver of
any other failure of the Party granted the waiver to comply with any obligation,
covenant, agreement, or condition of this Agreement.
9.5
Entire Agreement
Except as provided in Article 9.1, this Agreement, including all attachments, constitutes
the entire Agreement between the Parties with reference to the subject matter of this
Agreement, and supersedes all prior and contemporaneous understandings or agreements,
oral or written, between the Parties with respect to the subject matter of this Agreement.
There are no other agreements, representations, warranties, or covenants that constitute
any part of the consideration for, or any condition to, either Party's compliance with its
obligations under this Agreement.
9.6
Multiple Counterparts
This Agreement may be executed in two or more counterparts, each of which is deemed
an original, but all constitute one and the same instrument.
9.7
No Partnership
This Agreement shall not be interpreted or construed to create an association, joint
venture, agency relationship, or partnership between the Parties, or to impose any
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partnership obligation or partnership liability upon either Party. Neither Party shall have
any right, power or authority to enter into any agreement or undertaking for, or act on
behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other
Party.
9.8
Severability
If any provision or portion of this Agreement shall for any reason be held or adjudged to
be invalid or illegal or unenforceable by any court of competent jurisdiction or other
governmental authority, (1) that portion or provision shall be deemed separate and
independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable
the benefits to each Party that were affected by the ruling, and (3) the remainder of this
Agreement shall remain in full force and effect.
9.9
Environmental Releases
Each Party shall notify the other Party of the release of any hazardous substances, any
asbestos or lead abatement activities, or any type of remediation activities related to the
distributed generation facility or the interconnection facilities, each of which may
reasonably be expected to affect the other Party. The notifying Party shall (1) provide the
notice as soon as practicable, provided that Party makes a good faith effort to provide the
notice no later than 24 hours after that Party becomes aware of the occurrence, and (2)
promptly furnish to the other Party copies of any publicly available reports filed with any
governmental authorities addressing such events.
9.10
Subcontractors
Nothing in this Agreement shall prevent a Party from using the services of any
subcontractor it deems appropriate to perform its obligations under this Agreement;
provided, however, that each Party shall require its subcontractors to comply with all
applicable terms and conditions of this Agreement in providing services and each Party
shall remain primarily liable to the other Party for the performance of the subcontractor.
9.10.1 A subcontract relationship does not relieve any Party of any of its obligations
under this Agreement. The hiring Party remains responsible to the other Party for
the acts or omissions of its subcontractor. Any applicable obligation imposed by
this Agreement upon the hiring Party shall be equally binding upon, and shall be
construed as having application to, any subcontractor of the hiring Party.
9.10.2 The obligations under this Article cannot be limited in any way by any limitation
of subcontractor's insurance.
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Article 10. Notices
10.1
General
Unless otherwise provided in this Agreement, any written notice, demand, or request
required or authorized in connection with this Agreement ("Notice") shall be deemed
properly given if delivered in person, delivered by recognized national courier service, or
sent by first class mail, postage prepaid, to the person specified below:
If to Interconnection Customer:
Interconnection Customer:
Attention:
Address:
City:
State:
Phone:
Fax:
Zip:
E-Mail:
If to EDC:
EDC:
Attention:
Address:
City:
State:
Phone:
Fax:
Zip:
E-Mail:
Alternative Forms of Notice
Any notice or request required or permitted to be given by either Party to the other Party and not
required by this Agreement to be in writing may be given by telephone, facsimile or e-mail to the
telephone numbers and e-mail addresses set out above.
10.2
Billing and Payment
Billings and payments shall be sent to the addresses set out below:
If to Interconnection Customer:
Interconnection Customer:
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Attention:
Address:
City:
State:
Zip:
State:
Zip:
If to EDC:
EDC:
Attention:
Address:
City:
10.3
Designated Operating Representative
The Parties may also designate operating representatives to conduct the communications
that may be necessary or convenient for the administration of this Agreement. This
person will also serve as the point of contact with respect to operations and maintenance
of the Party's facilities.
Interconnection Customer's Operating Representative:
Attention:
Address:
City:
State:
Zip:
State:
Zip:
EDC's Operating Representative:
Attention:
Address:
City:
10.4
Changes to the Notice Information
Either Party may change this notice information by giving five business days written
notice before the effective date of the change.
Article 11. Signatures
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized representatives.
For the Interconnection Customer:
Name:
Title:
Date:
For EDC:
Name:
Title:
Date:
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Attachment 1
Definitions
Adverse system impact – A negative effect that compromises the safety or reliability of the
electric distribution system or materially affects the quality of electric service provided by the
electric distribution company (EDC) to other customers.
Applicable laws and regulations – All duly promulgated applicable federal, State and local
laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or
administrative orders, permits and other duly authorized actions of any governmental authority,
having jurisdiction over the Parties.
Commissioning test – Tests applied to a distributed generation facility by the applicant after
construction is completed to verify that the facility does not create adverse system impacts. At a
minimum, the scope of the commissioning tests performed shall include the commissioning test
specified IEEE Standard 1547 Section 5.4 "Commissioning tests."
Distributed generation facility – The equipment used by an interconnection customer to
generate or store electricity that operates in parallel with the electric distribution system. A
distributed generation facility typically includes an electric generator, prime mover, and the
interconnection equipment required to safely interconnect with the electric distribution system or
a local electric power system.
Distribution upgrades – A required addition or modification to the EDC's electric distribution
system at or beyond the point of interconnection to accommodate the interconnection of a
distributed generation facility. Distribution upgrades do not include interconnection facilities.
Electric distribution company or EDC – Any electric utility entity subject to the jurisdiction of
the Illinois Commerce Commission.
Electric distribution system – The facilities and equipment used to transmit electricity to
ultimate usage points such as homes and industries from interchanges with higher voltage
transmission networks that transport bulk power over longer distances. The voltage levels at
which electric distribution systems operate differ among areas but generally carry less than 100
kilovolts of electricity. Electric distribution system has the same meaning as the term Area EPS,
as defined in 3.1.6.1 of IEEE Standard 1547.
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Facilities study – An engineering study conducted by the EDC to determine the required
modifications to the EDC's electric distribution system, including the cost and the time required
to build and install the modifications, as necessary to accommodate an interconnection request.
Force majeure event – Any act of God, labor disturbance, act of the public enemy, war, acts of
terrorism, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or
equipment through no direct, indirect, or contributory act of a Party, any order, regulation or
restriction imposed by governmental, military or lawfully established civilian authorities, or any
other cause beyond a Party's control. A force majeure event does not include an act of gross
negligence or intentional wrongdoing.
Governmental authority – Any federal, State, local or other governmental regulatory or
administrative agency, court, commission, department, board, other governmental subdivision,
legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over
the Parties, their respective facilities, or the respective services they provide, and exercising or
entitled to exercise any administrative, executive, police, or taxing authority or power; provided,
however, that this term does not include the interconnection customer, EDC or any affiliate of
either.
IEEE Standard 1547 – The Institute of Electrical and Electronics Engineers, Inc. (IEEE), 3
Park Avenue, New York NY 10016-5997, Standard 1547 (2003), "Standard for Interconnecting
Distributed Resources with Electric Power Systems."
IEEE Standard 1547.1 – The IEEE Standard 1547.1 (2005), "Conformance Test Procedures for
Equipment Interconnecting Distributed Resources with Electric Power Systems."
Interconnection agreement or Agreement – The agreement between the interconnection
customer and the EDC. The interconnection agreement governs the connection of the distributed
generation facility to the EDC's electric distribution system and the ongoing operation of the
distributed generation facility after it is connected to the EDC's electric distribution system.
Interconnection customer – The entity entering into this Agreement for the purpose of
interconnecting a distributed generation facility to the EDC's electric distribution system.
Interconnection equipment – A group of components or an integrated system connecting an
electric generator with a local electric power system or an electric distribution system that
includes all interface equipment, including switchgear, protective devices, inverters or other
interface devices. Interconnection equipment may be installed as part of an integrated equipment
package that includes a generator or other electric source.
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Interconnection facilities – Facilities and equipment required by the EDC to accommodate the
interconnection of a distributed generation facility. Collectively, interconnection facilities
include all facilities, and equipment between the distributed generation facility and the point of
interconnection, including modification, additions, or upgrades that are necessary to physically
and electrically interconnect the distributed generation facility to the electric distribution system.
Interconnection facilities are sole use facilities and do not include distribution upgrades.
Interconnection request – An interconnection customer's request, on the required form, for the
interconnection of a new distributed generation facility, or to increase the capacity or change the
operating characteristics of an existing distributed generation facility that is interconnected with
the EDC's electric distribution system.
Interconnection study – Any of the following studies, as determined to be appropriate by the
EDC: the interconnection feasibility study, the interconnection system impact study, and the
interconnection facilities study.
Illinois standard distributed generation interconnection rules – The most current version of
the procedures for interconnecting distributed generation facilities adopted by the Illinois
Commerce Commission. See 83 Ill. Adm. Code 466.
Parallel operation or Parallel – The state of operation that occurs when a distributed generation
facility is connected electrically to the electric distribution system.
Point of interconnection – The point where the distributed generation facility is electrically
connected to the electric distribution system. Point of interconnection has the same meaning as
the term "point of common coupling" defined in 3.1.13 of IEEE Standard 1547.
Witness test – For lab-certified equipment, verification (either by an on-site observation or
review of documents) by the EDC that the interconnection installation evaluation required by
IEEE Standard 1547 Section 5.3 and the commissioning test required by IEEE Standard 1547
Section 5.4 have been adequately performed. For interconnection equipment that has not been
lab-certified, the witness test shall also include verification by the EDC of the on-site design tests
required by IEEE Standard 1547 Section 5.1 and verification by the EDC of production tests
required by IEEE Standard 1547 Section 5.2. All tests verified by the EDC are to be performed
in accordance with the test procedures specified by IEEE Standard 1547.1.
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Attachment 2
Construction Schedule, Proposed Equipment & Settings
This attachment is to be completed by the interconnection customer and shall include the
following:
1.
The construction schedule for the distributed generation facility.
2.
A one-line diagram indicating the distributed generation facility, interconnection
equipment, interconnection facilities, metering equipment, and distribution upgrades.
3.
Component specifications for equipment identified in the one-line diagram.
4.
Component settings.
5.
Proposed sequence of operations.
6.
A three line diagram showing current potential circuits for protective relays.
7.
Relay tripping and control schematic diagram.
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Attachment 3
Description, Costs and Time Required to Build and
Install the EDC's Interconnection Facilities
This attachment is to be completed by the EDC and shall include the following:
1.
Required interconnection facilities, including any required metering.
2.
An estimate of itemized costs charged by the EDC for interconnection, including
overheads, based on results from prior studies.
3.
An estimate for the time required to build and install the EDC's interconnection facilities
based on results from prior studies and an estimate of the date upon which the facilities
will be completed.
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Attachment 4
Operating Requirements for Distributed Generation Facilities Operating in Parallel
The EDC shall list specific operating practices that apply to this distributed generation
interconnection and the conditions under which each listed specific operating practice applies.
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Attachment 5
Monitoring and Control Requirements
This attachment is to be completed by the EDC and shall include the following:
1.
The EDC's monitoring and control requirements must be specified, along with a reference
to the EDC's written requirements documents from which these requirements are derived.
2.
An internet link to the requirements documents.
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Attachment 6
Metering Requirements
This attachment is to be completed by the EDC and shall include the following:
1.
The metering requirements for the distributed generation facility.
2.
Identification of the appropriate tariffs that establish these requirements.
3.
An internet link to these tariffs.
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Attachment 7
As Built Documents
This attachment is to be completed by the interconnection customer and shall include the
following:
When it returns the certificate of completion to the EDC, the interconnection customer shall
provide the EDC with documents detailing the as-built status of the following:
1.
A one-line diagram indicating the distributed generation facility, interconnection
equipment, interconnection facilities, and metering equipment.
2.
Component specifications for equipment identified in the one-line diagram.
3.
Component settings.
4.
Proposed sequence of operations.
5.
A three-line diagram showing current potential circuits for protective relays.
6.
Relay tripping and control schematic diagram.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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Section 466.APPENDIX G Interconnection Facilities Study Agreement
Interconnection Facilities Study Agreement
This agreement ("Agreement") is made and entered into
this
day of
by and between
("interconnection customer"), as an
individual person, or as
a
organized and existing under the
laws of the State of
, and
("Electric Distribution
Company" (EDC)), a
existing under the laws of the
State of Illinois. Interconnection customer and EDC each may be referred to as a "Party", or
collectively as the "Parties".
Recitals:
Whereas, interconnection customer is proposing to develop a distributed generation facility or
modifying an existing distributed generation facility consistent with the interconnection request
application form completed by interconnection customer
; and
on
(Date)
Whereas, interconnection customer desires to interconnect the distributed generation facility
with EDC's electric distribution system; and
Whereas, EDC has completed an interconnection system impact study and provided the results
of said study to interconnection customer (unless proceeding directly from Level 1, 2 or 3
review); and
Whereas, interconnection customer has requested EDC to perform an interconnection facilities
study to specify and estimate the cost of the equipment, engineering, procurement and
construction work needed to interconnect the distributed generation facility;
Now, therefore, in consideration of and subject to the mutual covenants contained in this
Agreement, the Parties agree as follows:
1.
All terms defined in Section 466.30 of the Illinois Distributed Generation Interconnection
Standard shall have the meanings indicated in that Section when used in this Agreement.
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2.
Interconnection customer elects and EDC shall cause an interconnection facilities study
consistent with Section 466.120 of the Illinois Distributed Generation Interconnection
Standard.
3.
The scope of the interconnection facilities study shall be determined by the information
provided in Attachment A to this Agreement.
4.
An interconnection facilities study report (1) shall provide a description, estimated cost of
distribution upgrades, and a schedule for required facilities to interconnect the distributed
generation facility to EDC's electric distribution system; and (2) shall address all issues
identified in the interconnection system impact study (or identified in this study if the
system impact study is combined herein).
5.
Interconnection customer shall provide a study deposit of 100% of the estimated nonbinding study costs at least 20 business days prior to the date upon which the study
commences.
6.
In cases where no distribution upgrades are required, the interconnection facilities study
shall be completed and the results shall be transmitted to interconnection customer within
15 business days after this Agreement is signed by the Parties. In cases where distribution
upgrades are required, the interconnection facilities study shall be completed and the
results shall be transmitted to interconnection customer within 30 business days after this
Agreement is signed by the Parties.
7.
Study fees shall be based on actual costs and will be invoiced to interconnection customer
after the study is transmitted to interconnection customer. The invoice shall include an
itemized listing of employee time and costs expended on the study.
8.
Interconnection customer shall pay any actual study costs that exceed the deposit within
30 calendar days on receipt of the invoice. EDC shall refund any excess deposit amount
within 30 calendar days after the invoice.
In witness whereof, the Parties have caused this Agreement to be duly executed by their duly
authorized officers or agents on the day and year first above written.
[Insert name of interconnection customer]
Signed:
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Name (Printed):
Title:
[Insert name of EDC]
Signed:
Name (Printed):
Title:
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Attachment A to Interconnection Facilities Study Agreement
Minimum Information That Interconnection Customer Must Provide With the
Interconnection Facilities Study Agreement.
Provide location plan and simplified one-line diagram of the distributed generation facilities.
For staged projects, please indicate size and location of planned additional future generation.
On the one-line diagram, indicate the generation capacity attached at each metering location.
(Maximum load on CT/PT).
On the one-line diagram, indicate the location of auxiliary power. (Minimum load on CT/PT)
Amps.
One set of metering is required for each generation connection to the EDC's electric distribution
system.
Number of generation connections:
Will an alternate source of auxiliary power be available during CT/PT maintenance?
Yes
No
Will a transfer bus on the generation side of the metering require that each meter set be designed
for the total distributed generation capacity?
Yes
No
(Please indicate on the one-line diagram).
What type of control system or PLC will be located at the distributed generation facility?
What protocol does the control system or PLC
use?
Please provide a scale drawing of the site. Indicate the point of common coupling, distribution
line, and property lines.
Number of third party easements required for EDC's interconnection facilities:
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To be completed in coordination with EDC.
Is the distributed generation facility located in EDC's service area?
Yes
No
If No, please provide name of local provider:
Please provide the following proposed schedule dates:
Begin construction date:
Generator step-up transformers receive back feed power
date:
Generation testing date:
Commercial operation date:
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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1)
Heading of the Part: Electric Interconnection of Large Distributed Generation Facilities
2)
Code Citation: 83 Ill. Adm. Code 467
3)
Section Numbers:
467.30
467.45
467.50
467.60
467.70
4)
Statutory Authority: Implementing Section 16-107.5 of the Public Utilities Act [220
ILCS 5/16-107.5] and authorized by Sections 16-107.5 and 10-101 of the Public Utilities
Act [220 ILCS 5/16-107.5 and 10-101]
5)
A Complete Description of the Subjects and Issues Involved: This rulemaking and the
associated proceeding in 83 Ill. Adm. Code 466 are intended to update the Commission's
rules on interconnection, reflecting recent changes by the Federal Energy Regulatory
Commission in its own rules on small-generator interconnection and the push for smart
grid infrastructure improvement in Illinois. In addition, the amendments are intended to
be consistent with the statutory goal of minimizing barriers to the interconnection of
distributed generation.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rulemaking currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objective: The proposed rulemaking neither creates nor
expands any State mandate on units of local government, school districts, or community
college districts.
Proposed Actions:
Amendment
New Section
Amendment
Amendment
Amendment
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12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Comments should be filed, within 45 days after the date of this issue of the
Illinois Register, in Docket No. 14-0135 with:
Elizabeth Rolando, Chief Clerk
Illinois Commerce Commission
527 East Capitol Avenue
Springfield IL 62701
217/782-7434
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: This rulemaking will affect any subject jurisdictional entities that are
also small businesses as defined in the Illinois Administrative Procedure Act. This
rulemaking will not affect any small municipalities or not-for-profit corporations.
B)
Reporting, bookkeeping or other procedures required for compliance:
Bookkeeping and filing procedures
C)
Types of professional skills necessary for compliance: Managerial and
accounting skills
Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
included on either of the two most recent agendas because: The Commission did not
anticipate the need for this rulemaking at that time.
The full text of the Proposed Amendments begins on the next page:
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TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 467
ELECTRIC INTERCONNECTION OF LARGE
DISTRIBUTED GENERATION FACILITIES
Section
467.10
Scope
467.20
Definitions and Incorporations by Reference
467.30
Waiver
467.40
Technical Standards
467.45
Pre-Application Report
467.50
Interconnection Request Review
467.60
General Requirements
467.70
Interconnection Review Procedures
467.80
Disputes
467.90
Records
467.APPENDIX A Certificate of Completion
467.APPENDIX B Application
467.APPENDIX C Contract
467.APPENDIX D Interconnection Feasibility Study Agreement
467.APPENDIX E Interconnection System Impact Study Agreement
467.APPENDIX F
Interconnection Facilities Study Agreement
AUTHORITY: Implementing Section 16-107.5 of the Public Utilities Act [220 ILCS 5/16107.5] and authorized by Sections 16-107.5 and 10-101 of the Public Utilities Act [220 ILCS
5/16-107.5 and10-101].
SOURCE: Adopted at 34 Ill. Reg. 3515, effective March 1, 2010; amended at 40 Ill. Reg.
______, effective ____________.
Section 467.30 Waiver
a)
The Commission, on application or petition of an EDC, distributed generation
applicant or customer, or on its own motion, may grant a temporary or permanent
waiver from this Part, or any Section or subsection of this Part, in individual cases
in which the Commission finds that:
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b)
1)
the provision from which the waiver is granted is not statutorily mandated;
2)
no party will be injured by the granting of the waiver; and
3)
the rule from which the waiver is granted would, as applied to the
particular case, be unreasonable or unnecessarily burdensome.
The party seeking theburden of proof in establishing a right to waiver shall bear
the burden of proof to establish the right for abe on the party seeking the waiver.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 467.45 Pre-Application Report
a)
In addition to the information described in Section 467.60, which may be
provided in response to an informal request, a potential applicant may submit a
formal written request form along with a non-refundable fee of $300 for a preapplication report on a proposed project at a specific site. The EDC shall provide
the pre-application data described in this Section to the potential applicant within
20 business days after receipt of the completed request form and payment of the
$300 fee. The pre-application report produced by the EDC is non-binding and
does not confer any rights; the potential applicant must successfully file an
application before it can interconnect with the EDC's system. The written preapplication report request form shall include the following information in Section
467.50(a)(1) through (a)(9) to clearly and sufficiently identify the location of the
proposed point of interconnection:
1)
project contact information, including name, address, phone number and
email address;
2)
project location (street address with nearby cross streets and town);
3)
meter number, pole number or other equivalent information identifying
proposed point of interconnection, if available;
4)
generator type (e.g., solar, wind, combined heat and power, battery
storage/inverter system and fuel cells);
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b)
5)
size (alternating current kW);
6)
single or three phase generator configuration;
7)
whether a stand-alone generator is proposed (no onsite load, not including
station service);
8)
whether new service is requested for the site. If there is existing service,
include the customer account number, site minimum and maximum
current or proposed electric loads in kW (if available) and specify if the
load is expected to change; and
9)
the number and capacity of units to be interconnected.
Using the information provided in the pre-application report request form in
Section 467.50(a), the EDC will identify the substation/area bus, bank or circuit
likely to serve the proposed point of interconnection. This selection by the EDC
does not necessarily indicate, after application of the relevant review process, that
this would be the circuit to which the project ultimately connects. The potential
applicant must request additional pre-application reports if information about
multiple points of interconnection is requested. Subject to Section 467.50(c), the
pre-application report will include the following information:
1)
total capacity (in MVA) of substation/area bus, bank or circuit based on
normal or operating ratings likely to serve the proposed point of
interconnection;
2)
existing aggregate generation capacity (in MVA) interconnected to a
substation/area bus, bank or circuit (i.e., amount of generation online)
likely to serve the proposed point of interconnection;
3)
aggregate queued generation capacity (in MVA) for a substation/area bus,
bank or circuit (i.e., amount of generation in the queue) likely to serve the
proposed point of interconnection;
4)
available capacity (in MVA) of substation/area bus or bank and circuit
likely to serve the proposed point of interconnection (i.e., total capacity
less the sum of existing aggregate generation capacity and aggregate
queued generation capacity);
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c)
5)
substation nominal distribution voltage and/or transmission nominal
voltage if applicable based on the interconnection point;
6)
nominal distribution circuit voltage at the proposed point of
interconnection;
7)
approximate circuit distance between the proposed point of
interconnection and the substation;
8)
relevant line section actual or estimated peak load and minimum load data,
including daytime minimum load (i.e., 10 a.m. to 4 p.m. for fixed solar PV
panel systems and 8 a.m. to 6 p.m. for PV systems utilizing tracking
systems), and absolute minimum load, when available;
9)
number and rating of protective devices and number and type (standard,
bi-directional) of voltage regulating devices between the proposed point of
interconnection and the substation/area. Identify whether the substation
has a load tap changer;
10)
number of phases available at the proposed point of interconnection. If a
single phase, distance from the three-phase circuit;
11)
limiting conductor ratings from the proposed point of interconnection to
the distribution substation;
12)
whether the point of interconnection is located on a spot network, grid
network or radial supply; and
13)
based on the proposed point of interconnection, existing or known
constraints such as, but not limited to, electrical dependencies at that
location, short circuit interrupting capacity issues, power quality or
stability issues on the circuit, capacity constraints or secondary networks.
The pre-application report need only include existing data. A pre-application
report request does not obligate the EDC to conduct a study or other analysis of the
proposed generator in the event that data is not readily available. If the EDC
cannot complete all or some of a pre-application report due to lack of available
data, the EDC shall provide the interconnection customer with a pre-application
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report that includes the data that is available. The provision of information on
"available capacity" pursuant to subsection (b)(4) does not imply that an
interconnection up to this level may be completed without impacts, since there are
many variables studied as part of the interconnection review process and data
provided in the pre-application report may become outdated at the time of the
submission of the complete application. Notwithstanding any of the provisions of
this Section, the EDC shall, in good faith, include data in the pre-application report
that represents the best available information at the time of reporting.
(Source: Added at 40 Ill. Reg. ______, effective ____________)
Section 467.50 Interconnection Request Review
a)
Applicants seeking to interconnect a distributed generation facility, or to revise a
distributed generation facility that has already been interconnected, shall submit
an interconnection request to the EDC that owns the electric distribution system to
which interconnection is sought. Applicants shall use interconnection request
forms approved by the Commission. The EDC may require additional information
from the Applicant if the EDC can demonstrate that the additional information is
necessary in order for the EDC to conduct its review under these proceduresunder
this Part.
b)
The application fee is specified in the interconnection application form (see
Appendix B).
c)
Interconnection requests may be submitted electronically, if agreed to by the
parties.
d)
If the timelines provided in this Part cannot be met due to the unique
characteristics of the proposed facility, parties shall negotiate timelines that differ
from those established in these proceduresin this Part. Alternative timelines may
be needed to account for project complexities, personnel requirements or other
outside factors regarding a particular project. If a mutual agreement is not
reached, parties may use the dispute resolution procedures in Section 467.80.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 467.60 General Requirementsrequirements
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a)
When an interconnection request for a distributed generation facility includes
multiple energy production devices at a site for which the applicant seeks a single
point of interconnection, the interconnection request shall be evaluated on the
basis of the aggregate nameplate capacity of the multiple devices.
b)
When an interconnection request is for an increase in capacity for an existing
distributed generation facility, the interconnection request shall be evaluated on
the basis of the new total nameplate capacity of the distributed generation facility.
c)
EDCs shall designate a point of contact and provide contact information on their
websites. The point of contact shall be able to direct applicant questions
concerning interconnection request submissions and the interconnection request
process to knowledgeable individuals within the EDC.
d)
The information that the EDC makes available to potential applicants can include
prior EDC studies to help applicants understand whether it is feasible to
interconnect a distributed generation facility at a particular point on the EDC's
electric distribution system. However, the EDC can refuse to provide the
information to the extent that providing it violates security requirements or
confidentiality agreements, or is contrary to State or federal law. In appropriate
circumstances, the EDC may require a confidentiality agreement prior to release
of this information. If the EDC refuses to provide the requested information, it
shall give written notice to the applicant requesting the information, which shall
include the specific reasons that preclude sharing the requested information.
e)
After an interconnection request is deemed complete by the EDC, any
modification that is not agreed to by the EDC requires submission of a new
interconnection request.
f)
When an applicant is not currently a customer of the EDC at the proposed site, the
applicant shall provide, upon EDC request, proof of the applicant's legal right to
control the site, evidenced by the applicant's name on a property tax bill, deed,
lease agreement or other legally binding contract.
g)
The EDC or the applicant may propose a single point of interconnection for
multiple distributed generation facilities located at an interconnection customer
site that is on contiguous property. If the applicant rejects the EDC's proposal for
a single point of interconnection, the applicant shall pay any additional cost to
provide a separate point of interconnection for each distributed generation facility.
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If the EDC, without written technical explanation, rejects the customer's proposal
for a single point of interconnection, the EDC shall pay any additional study cost
to provide separate points of interconnection for each distributed generation
facility.
h)
The interconnection customer shall allow the EDC to isolate the distributed
generation facility. The interconnection customer shall permit the EDC to affix a
placard in a location of its choosing that provides instructions to EDC operating
personnel for accessing the isolation device. If the EDC needs to isolate the
distributed generation facility, the EDC shall not be held liable for any damages
resulting from the actions necessary to isolate the generation facility as long as the
EDC is not negligent in isolating the distributed generation facility. Isolation
device specifications shall be established through the study review procedures at
Section 467.70.
i)
Any metering required for a distributed generation interconnection shall be
installed, operated and maintained in accordance with applicable EDC tariffs and
agreements. Metering requirements must be identified in the distributed
generation interconnection agreement executed between the interconnection
customer and the EDC.
j)
Monitoring and control requirements shall be consistent with the EDC's published
requirements, which shall be consistent with industry standards, and shall be
clearly identified in the interconnection agreement between the interconnection
customer and the EDC. Transfer trip shall not be considered EDC monitoring and
control when required and installed to protect the electric distribution system or
an affected system against adverse system impacts.
k)
The EDC may require a witness test after the distributed generation facility is
constructed or after the revisions are completed. The applicant shall provide the
EDC with at least 15 business days notice of a planned witness test for the
distributed generation facility. The applicant and EDC shall schedule the witness
test at a mutually agreeable time. Any disputes between the parties as to what
constitutes a witness test shall be resolved under Section 467.80. If the
distributed generation facility does not satisfactorily pass the witness test, the
applicant shall be granted 30 business days after the date of the witness test or
dispute resolution to address and resolve any deficiencies. The time period for
addressing and resolving any deficiencies may be extended upon the mutual
agreement of the EDC and the applicant prior to the end of the 30 business days.
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An initial request for extension shall not be denied by the EDC; subsequent
requests may be denied. If the applicant fails to address and resolve the
deficiencies to the EDC's satisfaction, the interconnection request shall be deemed
withdrawn. Even if the EDC or an entity approved by the EDC does not witness a
commissioning test, the applicant remains obligated to satisfy the EDC's
interconnection test specifications and requirements.
l)
When an interconnection request is for modifications to an existing distributed
generation facility, the EDC shall review the interconnection request to determine
if any studies are necessary. If no studies are necessary, the EDC shall inform the
applicant that the requested revisions are acceptable and can proceed without
further analysis by the EDC. The provisions of this Part shall continue to apply to
any revisions made to the existing distributed generation facility.
m)
Each EDC shall allow interconnection applications to be submitted through the
EDC's web site.
n)
Each EDC shall dedicate a page on their website to interconnection procedures.
The relevant website page shall include:
o)
1)
the EDC's interconnection procedures and attachments in an electronically
searchable format;
2)
the EDC's interconnection application forms in a format that allows for
electronic entry of data;
3)
the EDC's interconnection agreements; and
4)
the EDC's point of contact for submission of interconnection requests
including email and phone number.
Each EDC shall allow electronic signatures to be used for interconnection
applications.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 467.70 Interconnection Review Procedures
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a)
The applicant shall submit an interconnection request using Appendix B, along
with the application fee specified in Appendix B.
b)
Within 10 business days after receipt of an interconnection request, the EDC shall
notify the applicant whether the request is complete. When the interconnection
request is not complete, the EDC shall provide the applicant with a written list
detailing the information required to complete the interconnection request. When
additional information is required and reasonable, the applicant and the EDC shall
agree on a schedule to provide the required information or the interconnection
request is considered withdrawn. The parties may agree to extend the time for
receipt of the additional information. The interconnection request is deemed
complete when the required information has been provided by the applicant, or
the parties have agreed that the applicant may provide additional information at a
later time.
c)
The queue position of an interconnection request is used to determine the cost
responsibility for the system upgrades and interconnection facilities necessary to
accommodate the interconnection. The EDC shall notify the applicant as to its
queue position.
1)
If the applicant amends the interconnection request in a manner that
requires the EDC re-study the feasibility or impact of the interconnection,
the interconnection request shall receive a new queue position based on
the date that it was amended.
2)
If an EDC determines that other interconnection requests may affect the
same facilities on its electric distribution system or transmission system as
the distributed generation facility either proposed or being revised in an
applicant's interconnection request, the EDC may study these requests
together without regard to their queue position. If an EDC considers
interconnection requests together because they both affect the same
facilities on the electric distribution system or on transmission networks,
the EDC shall notify the applicant of that fact at the time studies are
initiated. If the EDC considers two or more interconnection requests
together, estimated costs allocated to each applicant shall not exceed the
estimated cost associated with the interconnection request had the EDC
reviewed the interconnection requests in sequence.
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d)
After the interconnection request has been assigned a queue position, the
following procedures shall be followed to determine how a study review shall be
conducted:
1)
The EDC shall offer the applicant the related study agreement forms
included in Appendices C, D, and E. By mutual agreement of the parties,
the scoping meeting, interconnection feasibility study, interconnection
system impact study, or interconnection facilities study provided for in a
study review and discussed in this Section may be waived or combined.
2)
A scoping meeting shall be held no later then 10 business days, or on a
mutually agreed upon date and time, after the EDC had notified the
applicant that the applicant has provided all the necessary information.
The meeting's purpose is to review the interconnection request and
existing studies relevant to the interconnection request.
3)
When the parties agree that an interconnection feasibility study shall be
performed, the EDC shall provide to the applicant, no later than 10
business days after the parties' agreement or, if held, the scoping meeting,
an interconnection feasibility study agreement (see Appendix D). The
interconnection feasibility study agreement shall include an outline for the
scope of the study and the study's estimated cost. If the applicant does not
sign and return the study agreement within 25 business days, the
application shall be deemed withdrawn and the queue position shall be
forfeited.
4)
When the parties agree that an interconnection system impact study shall
be performed, the EDC shall provide to the applicant, no later than 10
business days after the parties' agreement, an interconnection system
impact study agreement (see Appendix E). The interconnection system
impact study agreement shall include an outline for the study's scope and
the study's estimated cost. If the applicant does not sign and return the
study agreement within 25 business days, the application shall be deemed
withdrawn and the queue position shall be forfeited.
5)
When the parties agree that an interconnection facilities study shall be
performed, the EDC shall provide to the applicant, no later than 10
business days after parties' agreement, an interconnection facilities study
agreement (see Appendix F). The interconnection facilities study
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agreement shall include an outline for the study's scope and the study's
estimated cost. If the applicant does not sign and return the study
agreement within 25 business days, the application shall be deemed
withdrawn and the queue position shall be forfeited.
e)
6)
Interconnection studies that the EDC conducts shall consider all other
distributed generation facilities that, on the date the interconnection study
is commenced, are directly interconnected with the EDC's electric
distribution system, have a higher queue position than the request being
studied, or have a valid and active interconnection agreement.
7)
If the applicant signs and returns an interconnection study agreement, but
subsequently notifies the EDC that it will not continue with its proposed
large distributed generation facility project for any reason, the EDC need
not complete the study or provide the applicant with study results.
The following guidelines shall govern all required interconnection studies:
1)
An interconnection feasibility study shall include analyses to identify
potential adverse system impacts that would result from the proposed
interconnection.
A)
The interconnection feasibility study shall include pertinent
elements from among the following:
i)
Initial identification of any circuit breaker short circuit
capability limits exceeded as a result of the interconnection;
ii)
Initial identification of any thermal overload or voltage
limit violations resulting from the interconnection; and
iii)
Initial review of grounding requirements and system
protection.;
iv)
Description of and nonbinding estimated cost of facilities
required to interconnect the distributed generation facility
to the EDC's electric distribution system in a safe and
reliable manner; and
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v)
2)
Description of, and nonbinding estimated cost of, facilities
required to interconnect the distributed generation facility
to the EDC's electric distribution system in a safe and
reliable manner.
B)
If an applicant requests that the interconnection feasibility study
evaluates multiple potential points of interconnection, additional
evaluations may be required. Additional evaluations shall be paid
for by the applicant.
C)
An interconnection system impact study is not required when the
interconnection feasibility study concludes that there is no adverse
system impact, or when the study identifies an adverse system
impact, but the EDC is able to identify a remedy without the need
for an interconnection system impact study.
D)
The parties shall use an interconnection feasibility study
agreement, included as Appendix D, unless both parties agree to
use an alternative form.
An interconnection system impact study evaluates the impact of the
proposed interconnection on both the safety and reliability of the EDC's
electric distribution and transmission system. This study identifies and sets
forth in detail what system impacts interconnecting a new or revising an
existing distributed generation facility to the distribution system would
have on the electric distribution and transmission system, if there were no
system upgrades.
A)
A distribution interconnection system impact study shall be
performed when a potential adverse system impact is identified in
the interconnection feasibility study. The interconnection system
impact study shall include pertinent elements from among the
following:
i)
A load flow study;
ii)
Identification of affected systems;
iii)
A short-circuit analysis;
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B)
C)
3)
iv)
An analysis of equipment interrupting ratings;
v)
A protection coordination study;
vi)
Voltage drop and flicker studies;
vii)
A stability analysis;
viii)
Grounding reviews;
ix)
Impact on system operation; and
x)
Alternatives for mitigating adverse system impacts on
affected systems.
The final interconnection system impact study report shall provide
the following:
i)
The underlying assumptions of the study;
ii)
The results of the analyses;
iii)
A list of any potential impediments to providing the
requested interconnection service;
iv)
Required system upgrades; and
v)
A non-binding estimate of cost and time to construct any
required system upgrades.
The parties shall use an interconnection impact study agreement,
included as Appendix E, unless both parties agree to use an
alternative form.
The interconnection facilities study shall be conducted as follows:
A)
The interconnection facilities study shall estimate the cost of the
equipment, engineering, procurement and construction work,
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including overheads, needed to implement the conclusions of the
interconnection feasibility study and the interconnection system
impact study. The interconnection facilities study shall identify:
i)
The electrical switching configuration of the equipment,
including transformer, switchgear, meters and other station
equipment;
ii)
The nature and estimated cost of the EDC's interconnection
facilities and system upgrades necessary to accomplish the
interconnection; and
iii)
An estimate for the time required to complete the
construction and installation of the facilities.
B)
The EDC may agree to permit an applicant to arrange for a third
party to design and construct the required interconnection
facilities. In such a case, the EDC shall make all relevant
information and required specifications available to the applicant
to permit the applicant to obtain an independent design and cost
estimate for the facilities, which shall be built in accordance with
the EDC's specifications. The applicant shall ensure that any third
party with whom it shares the EDC's relevant information and
required specifications shall comply with applicable security and
confidentiality requirements.
C)
Upon completion of the interconnection facilities study, and after
the applicant agrees to pay any just and reasonable costs for the
interconnection facilities and system upgrades identified in the
interconnection facilities study, the EDC shall provide to the
applicant a standard distributed generation interconnection
agreement (see Appendix C) for the applicant to sign. The
applicant has 10 business days to sign the agreement or the
application is deemed withdrawn.
D)
In the event that system upgrades are identified in the impact study
that shall be added only in the event that higher-queued customers
not yet interconnected eventually complete and interconnect their
generation facilities, the applicant may elect to interconnect
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without paying for such upgrades at the time of the
interconnection, provided that it agrees to pay for the upgrades at
the time the higher-queued customer is ready to interconnect. If the
applicant does not pay for the upgrades at that time, the EDC shall
require the applicant to immediately disconnect its distribution
generation facility to accommodate the higher-queued customer.
E)
The parties shall use an interconnection facilities study agreement,
included as Appendix F, unless both parties agree to use an
alternative form.
f)
When an EDC determines that it is appropriate to interconnect the distributed
generation facility, the EDC shall provide the applicant with a standard distributed
generation interconnection agreement. If the interconnection request is denied, the
EDC shall provide the applicant with a written explanation as to its reasons for
denying interconnection. If the EDC's written explanation demonstrates that the
interconnection request was denied for valid reasons, the interconnection request
does not retain its queue position.
g)
Within 30 business days after receipt of the standard distributed generation
interconnection agreement, the applicant shall provide all necessary information
required of the applicant by the agreement. The EDC shall develop all other
information required of the EDC by the agreement. After completing the
agreement, the applicant shall sign and return the agreement to the EDC. If the
applicant does not sign and return the agreement within 30 business days after its
completion, the interconnection request shall be deemed withdrawn, unless the
applicant requests in writing to have the deadline extended by no more than 15
business days. The initial request for extension may not be denied by the EDC. If
the applicant does not sign the agreement after the 15 business day extension, the
interconnection request shall be deemed withdrawn unless a further extension is
agreed to by the parties. If withdrawn, the interconnection request does not retain
its queue position. When construction is required, the interconnection of the
distributed generation facility shall proceed according to milestones agreed to by
the parties in the distributed generation interconnection agreement.
h)
The distributed generation interconnection agreement is not final until:
1)
The requirements of the interconnection agreement are satisfied; and
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2)
The distributed generation facility is approved by any electric code
officials with jurisdiction over the interconnection; and
3)
The applicant provides a certificate of completion (see Appendix A) to the
EDC. Completion of local inspections may be designated on inspection
forms used by local inspecting authorities; and
4)
The witness test is successfully completed if required by the EDC or if the
witness test is waived according to Article 2.1.1 of Appendix C.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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1)
Heading of the Part: General Procedures
2)
Code Citation: 80 Ill. Adm. Code 1200
3)
Section Numbers:
1200.5
1200.7
1200.10
1200.20
1200.40
1200.45
1200.60
1200.70
1200.80
1200.90
1200.100
1200.105
1200.120
1200.135
1200.140
1200.143
1200.145
4)
Statutory Authority: Authorized by Section 5(i) of the Illinois Public Labor Relations
Act [5 ILCS 315/5(i)]
5)
A Complete Description of the Subjects and Issues Involved: The Board is conducting a
systematic review of its administrative rules for the first time since 2003. The
amendments proposed intend to bring Board practices in compliance with the Open
Meetings Act; make the Board's processes more efficient, e.g. allowing electronic filing;
and clarify existing procedures.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rulemaking currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
Proposed Actions:
Amendment
New Section
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
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9)
Does this rulemaking contain incorporations by reference? Yes
10)
Are there any other rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objective: This rulemaking does not create or expand a
State mandate under 30 ILCS 805.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Any interested person may submit comments in writing concerning this
proposed rulemaking not later than 45 days after publication of this Notice in the Illinois
Register to:
Sarah Kerley
Deputy General Counsel
Illinois Labor Relations Board
One Natural Resources Way, First Floor
Springfield, IL 62702
217/785-4004
[email protected]
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not for profit corporations
affected: None
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: This rulemaking was
included on the July 2014 and January 2015 regulatory agendas. It was not included in
the July 2015 agenda because the Board did not believe we would have the amendments
ready prior to submission of the January 2016 regulatory agenda. However, we were able
to complete them ahead of schedule.
The full text of the Proposed Amendments begins on the next page:
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TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1200
GENERAL PROCEDURES
Section
1200.3
1200.5
1200.7
1200.10
1200.20
1200.30
1200.40
1200.45
1200.50
1200.60
1200.70
1200.80
1200.90
1200.100
1200.105
1200.110
1200.120
1200.130
1200.135
1200.140
1200.143
1200.145
1200.150
1200.160
1200.170
General Statement of Purpose
Board Information and Business Hours
Board Meetings
Definitions
Filing and Service of Documents
Computation and Extensions of Time
Authority of Administrative Law Judges
Motions
Recording of Hearings and Payment of Court Reporting Services
Closing Arguments and Briefs Before An Administrative Law Judge
Representation of Parties
Ex Parte Communications
Subpoenas
Transfer of Jurisdiction
Consolidation of Proceedings
Amicus Curiae Briefs (Repealed)
Voluntary Settlement or Adjustment of Disputes
Rules of Evidence
Appeals Procedures, Board Review and Court Review
Amicus Curiae Briefs
Declaratory Rulings
Filing of Contracts
Conflicts of Interest
Variances and Suspensions of Rules
Board Member Meeting Attendance by Means other than Physical Presence
AUTHORITY: Implementing and authorized by the Illinois Public Labor Relations Act [5 ILCS
315].
SOURCE: Emergency rule adopted at 8 Ill. Reg. 17314, effective September 11, 1984, for a
maximum of 150 days; adopted at 9 Ill. Reg. 1846, effective January 25, 1985; amended at 11 Ill.
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Reg. 6428, effective March 27, 1987; amended at 12 Ill. Reg. 20096, effective November 18,
1988; amended at 14 Ill. Reg. 19896, effective November 30, 1990; amended at 17 Ill. Reg.
15588, effective September 13, 1993; amended at 20 Ill. Reg. 7391, effective May 10, 1996;
amended at 27 Ill. Reg. 7365, effective May 1, 2003; emergency amendment at 27 Ill. Reg.
15557, effective September 22, 2003, for a maximum of 150 days; emergency amendment
expired February 18, 2004; amended at 28 Ill. Reg. 4166, effective February 19, 2004;
emergency amendment at 28 Ill. Reg. 7540, effective May 12, 2004, for a maximum of 150 days;
emergency expired October 8, 2004; amended at 28 Ill. Reg. 15154, effective November 1, 2004;
emergency amendment at 37 Ill. Reg. 5897, effective April 22, 2013, for a maximum of 150
days; amended at 37 Ill. Reg. 14064, effective August 23, 2013; amended at 37 Ill. Reg. 20637,
effective December 13, 2013; emergency amendment at 39 Ill. Reg. 10641, effective July 15,
2015, for a maximum of 150 days; amended at 39 Ill. Reg. 15803, effective November 25, 2015;
amended at 40 Ill. Reg. ______, effective ____________.
Section 1200.5 Board Information and Business Hours
a)
The Springfield office of the Illinois Labor Relations Board is located at:
One Natural Resources Way, First Floor
Springfield IL 62702
telephone: 217-785-3155
facsimile: 217-785-4146
b)
The Chicago office of the Board is located at:
160 N. LaSalle St., Suite S-400
Chicago IL 60601
telephone: 312-793-6400
facsimile: 312-793-6989
c)
The Board's website address is www.Illinois.gov/ilrb www.state.il.us/ilrb. The
Board's designated email address for electronic filing purposes is
ILRB:[email protected]
d)
The official business hours of the Board are 8:30 a.m. to 5:00 p.m., Monday
through Friday.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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Section 1200.7 Board Meetings
a)
Notice of meetings is given on the Board's website, www.Illinois.gov/ilrb, and at
the each of the Board's offices in accordance with the provisions of the Open
Meetings Act [5 ILCS 120/2.02].
b)
After the Board has considered pending cases, members of the public shall be
permitted to address the Board during the open portion of a Board meeting on
subjects relevant to the Board's functions. The comments by each member of the
public shall be limited to a reasonable period of time, not to exceed five minutes,
without leave of the Chairman.
c)
Any person may record by tape, film or other means, the meetings of the Illinois
Labor Relations Board's State Panel, Local Panel or the Panels meeting in joint
session required to be open by Illinois law, provided that, if the recording process
interferes with the overall decorum and proceeding of a meeting, the recording
will be discontinued at the request of the Chairman or other presiding officer.
(Source: Added at 40 Ill. Reg. ______, effective ____________)
Section 1200.10 Definitions
This Part incorporates the definitions contained in Section 3 of the Act as well as other
definitions.
"Act" means the Illinois Public Labor Relations Act [5 ILCS 315].
"Administrative Law Judge" means either the agency head or an attorney licensed
to practice in Illinois.
"Administrative Law Judge's recommended decision and order" means findings of
fact and conclusions of law and reasons for those findings and conclusions. It is
not a final decision of the Board. Such a recommended decision and order will be
reviewed by the Board upon the filing of exceptions or on the Board's own
motion.
"Board" means the Illinois Labor Relations Board or State or Local Panel,
individually as applicable, or an agent designated by the Board.
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"Board agent" means any Board employee who is designated by the Board to
perform the acts and/or responsibilities outlined in the relevant sections of the
rules.
"Charging party" means the person, employer or labor organization filing an
unfair labor practice charge.
"Complaint" means a Board document issued to the parties in an unfair labor
practice proceeding, notifying them of a hearing and setting forth the issues of
fact or law to be resolved at the hearing.
"Employer" means "public employer" or "employer" as defined in Section 3(o) of
the Act or the party named in a representation petition, unit clarification petition,
decertification petition or voluntary recognition petition as the employer of the
unit described in the petition.
"Exclusive representative" means "exclusive representative" as defined in Section
3(f) of the Act.
"Executive Director's Order" includes reports concerning challenges and
objections to an election; deferrals to arbitration; orders holding cases in
abeyance; dismissals; directions of election; and other similar orders. These
orders are not final decisions of the Board but are the results of investigations.
The Board, upon the filing of an appeal, shall review such orders except that
orders and parts of orders finding sufficient issues of law and fact sufficient to
warrant a hearing are not appealable.
"Fact-finding" means a process whereby an employer and an exclusive
representative submit their disputes concerning the terms of a new collective
bargaining agreement to a neutral third party for non-binding findings of fact and
recommendations.
"General public employee unit" means any bargaining unit of employees who,
because they are not subject to Section 14 of the Act, have the right to strike in
accordance with Section 17 of the Act.
"Grievance arbitration" means a process whereby an employer and an exclusive
representative submit a dispute concerning the interpretation or application of an
existing collective bargaining agreement to a neutral third party for resolution.
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"Grievance mediation" means a process whereby an employer and an exclusive
representative employ a neutral third party to communicate with the parties and
endeavor to bring about an amicable, voluntary resolution of a dispute over the
interpretation or application of an existing collective bargaining agreement.
"Initial contract" means negotiations for a first collective bargaining agreement
between an exclusive representative and an employer, covering a bargaining unit,
following certification of that exclusive representative. that is not currently
covered by a collective bargaining agreement between the exclusive
representative and the employer.
"Interest arbitration" means a process whereby an employer and an exclusive
representative submit their disputes concerning the terms to be included inof a
new collective bargaining agreement for resolution by a neutral third party.
"Compulsory interest arbitration" shall refer to interest arbitration engaged in
pursuant to Section 14 of the Act. "Voluntary interest arbitration" shall refer to
all other interest arbitration engaged in under the Act.
"Labor organization" means "labor organization" as defined in Section 3(i) of the
Act.
"Mediation" means a process whereby an employer and an exclusive
representative employ a neutral third party to communicate with the parties and
endeavor to bring about an amicable, voluntary resolution of negotiations over the
terms of a new collective bargaining agreement.
"Petitioner" means the party named in a representation petition, unit clarification
petition, decertification petition or voluntary recognition petition as having filed
the petition.
"Protective services unit" means any bargaining unit subject to Section 14 of the
Act in which the employees accordingly do not have the right to strike. Such
units are units of security employees of a public employer, peace officer units, or
units of firefighters or paramedics. (Section 14(a) of the Act)
"Representation petition" means either a traditional representation petition to
determine a union's majority support through an election (election petition) as set
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forth in Section 9(a)(1) and (2) of the Act or a petition filed pursuant to the
Board's card check procedures (majority interest petition) as set forth in Section
9(a-5)(a)(5) of the Act.
"Respondent" means the party named in an unfair labor practice charge or
complaint as having allegedly committed the unfair labor practice.
"Successor contract" means negotiations for a collective bargaining agreement
covering a bargaining unit that is currently covered by a collective bargaining
agreement between the exclusive representative and the employer.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.20 Filing and Service of Documents
a)
All charges, petitions, mediation requests and other initial documents relating to
any proceeding before the State Panel of the Illinois Labor Relations Board shall
be filed in the Board's Springfield office, which shall be designated as the State
Panel's principal office. All subsequent documents may shall be filed in either the
Board's Springfield or Chicago office., as directed by the Board. All documents
relating to any proceeding before the Local Panel of the Illinois Labor Relations
Board shall be filed with the Board's office in Chicago which shall be designated
as the Local Panel's principal office. Two copies of each document shall be filed.
The Board shall post, and from time to time revise as appropriate, a list containing
the postal and emailstreet and mailing addresses for filing by actual delivery of
papers and electronic filing by email.and the telephone numbers for filing by
electronic telefacsimile transmission (fax).
b)
Whenever this Part or 80 Ill. Adm. Code 1210, 1220 or 1230 requires that a
document be on a form developed by the Board, the document may be prepared
on a form obtained either from a Board office or from the Board's website.from
the Board or on a facsimile. Minor deviations in the form of a document shall not
be grounds for objecting to the document. Minor deviations are those concerning
form rather than substance that do not prejudice the other parties to a proceeding.
c)
Documents may be filed by any of the following methods:
1)
By actual delivery of documents to the Board;
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2)
By first class, registered or certified United States mail or by commercial
parcel delivery company; or
3)
By email, to the Board's designated email address for electronic filing,
provided that any and all attachments are in Microsoft Word format (.doc
or .docx) or in Portable Document Form (.pdf). The Board may direct
parties to provide hard copies of documents filed by e-mail.By fax, subject
to the following limitations:
A)
Parties shall transmit one copy of the documents, accompanied by
a cover sheet or form identifying the party filing the documents,
the total number of pages in the fax transmission, and the name,
address, telephone number and fax number of the person sending
the fax;
B)
The original documents filed by fax shall be mailed or delivered to
the appropriate Board office on the same day the fax is transmitted,
together with a fax confirmation receipt;
C)
The appropriate case numbers shall be indicated on the front page
of each document filed by fax, unless the document is being filed
to initiate proceedings before the Board;
D)
If receipt of a fax transmission commences after the close of the
Board's business hours, the documents will be deemed filed on the
next business day; and
E)
A fax shall not be used to submit authorization cards for purposes
of a showing of interest within the meaning of 80 Ill. Adm. Code
1210.80.
d)
All petitions and, intervening claims filed in representation proceedings, and all
amendments to those documents, shall be served on the appropriate parties by the
Board by certified mail or by regular mail accompanied by affidavit or certificate
of service.
e)
Service of DocumentsAll unfair labor practice charges and all documents, except
those listed in subsection (d), shall be served by the party filing the document on
all other parties to the proceedings. Evidence submitted to the Board in the
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course of an investigation shall not be subject to this requirement.
1)
2)
f)
Unless listed in this subsection (e), all documents shall be served by the
party filing the document on all parties to the proceeding:
A)
documents described in subsection (d);
B)
position statements and evidence submitted to the Board in the
course of any investigation of an unfair labor practice charge;
C)
position statements and evidence submitted to the Board in the
course of any investigation of an objection to an election;
D)
showing of interest evidence described in 80 Ill. Adm. Code
1210.80; and
E)
evidence of majority support referenced in 80 Ill. Adm. Code
1210.160(c).
When a party is represented in a proceeding before the Board, service
shall be on the party's representative. When a party is not represented,
service shall be on the party. The document shall not be considered
properly served unless accompanied by proof of service. Proof of service
shall consist of a written statement, signed by the party effecting service,
detailing the name of the party served and the date and manner of service.
In all matters, a document shall be considered filed with the Board on the date that
it is
1)
postmarked;,
2)
tendered to a delivery service;
3)
transmitted by e-mail, in accordance with Section 1200.20(c)(3); or
4)
received before the close of the Board's business hours by personal
delivery in either of the Board's offices.office of the appropriate Panel
before the close of the Board's business hours. Service made by fax shall
be regarded as completed upon production by the fax machine of
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confirmation of transmission, together with the same-day mailing of a
copy of the papers, postage pre-paid and properly addressed, to the person
being served.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.40 Authority of Administrative Law Judges
The Administrative Law Judge shall have the duty to conduct a fair hearing, to take all necessary
action to avoid delay, to maintain order and to ensure development of a clear and complete
record. The Administrative Law Judge shall have all powers necessary to achieve these ends,
including, but not limited to the discretionary authority to:
a)
Require the parties to participate in a pre-hearing conference and/or mediation
before proceeding with a hearing;
b)
Require all parties to submit pre-hearing information, including, but not limited
to, a detailed written statement of the issue to be resolved at hearing and its
position; a list of witnesses each party intends to call, the nature of their
testimony, the estimated time for each witness' testimony, and the estimated time
for the party's case in chief; a list of exhibits to be offered by each party in its case
in chief and a copy of each exhibit; and all other information the Administrative
Law Judge requests;
c)
Regulate the proceedings of the case, and the conduct of the parties and their
counsel;
d)
Administer oaths and affirmations;
e)
Receive relevant testimony and evidence;
f)
Establish reasonable limits on the frequency and duration of the testimony of any
witness and limit repetitious or cumulative testimony;
g)
Examine witnesses and direct witnesses to testify; however, this provision does
not lessen any party's burden of proof;
h)
Issue subpoenas and rule upon motions to revoke subpoenas;
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i)
Take administrative notice of generally recognized facts of which Illinois courts
may take judicial notice and of other facts within the specialized knowledge and
experience of the Board;
j)
Rule on objections, motions and questions of procedure;
k)
Authorize the submission of briefs and set the time for their filing;
l)
Hear closing argument;
m)
Order a hearing reopened prior to the issuance of the Administrative Law Judge's
recommended decision and order;
n)
Render and serve the recommended decision and order on the parties to the
proceeding;
o)
Carry out the duties of Administrative Law Judge as provided or otherwise
authorized by this Part or 80 Ill. Adm. Code 1210, 1220 or 1230 or the Act.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.45 Motions
a)
Motions during the course of an investigation must be filed with Executive
Director. In matters set for hearing, all motions must be filed with the assigned
Administrative Law Judge. Once the Administrative Law Judge's recommended
decision and order has issued, all motions mustshould be filed with the General
Counsel in the Board's Chicago office. Any briefs related to a motion filed before
an Administrative Law Judge or General Counsel must comport with Section
1200.140.
b)
Motions must be made in writing unless made during the hearing, at which time
the motions may be made verbally, on the record. Motions must briefly state the
grounds for the motion and any relief requested. Written motions must be served
in accordance with Section 1200.20.
1)
Motions to extend time for the filing of documents must contain a
statement that the moving party discussed the requested extension with the
other parties. If no objections were raised, the moving party must certify
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that the other parties were consulted and authorized the moving party to
represent that they have no objections. If objections were raised, the
moving party must describe those objections and its response.
2)
Motions for continuance of a hearing must contain a statement that the
moving party consulted with the other parties to determine whether they
have any objection to the requested continuance. Where there are no
objections, the moving party must certify that it has consulted with the
other parties and that they authorized the moving party to represent that
they have no objections. Where objections are raised, the moving party
must describe those objections and its response. The motion for
continuance must contain a statement that the moving party contacted the
other parties to determine their availability for hearing on subsequent dates
and it must indicate those dates in the motion.
3)
At any time prior to the issuance of the recommended decision and order,
a party may move to disqualify the Administrative Law Judge on the
grounds of bias or conflict of interest. The motion shall be in writing to
the General Counsel, with a copy to the Administrative Law Judge, setting
out the specific instances of bias or conflict of interest. An adverse
decision or ruling, in and of itself, is not grounds for disqualification. The
General Counsel may decline to disqualify the Administrative Law Judge
or may appoint another Administrative Law Judge to hear the case.
4)
Motions to defer an unfair labor practice matter to arbitration may be
made in accordance with Section 1220.65.
c)
Responses and any other answering documents, including memoranda and
affidavits, must be filed within 5 days after service of the motion, or as otherwise
required by the Executive Director, Administrative Law Judge or the Board.
Responses must be served in accordance with Section 1200.20.
d)
Rulings on motions shall be made in writing and served on all parties to the
proceeding. The Administrative Law Judge may reserve ruling on any motion
until the issuance of his recommended decision and order.
e)
Rulings on motions are not appealable to the Board, unless as otherwise provided
by the Board.
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(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.60 Closing Arguments and Briefs Before An Administrative Law Judge
Upon request, a party is entitled to a reasonable period of time at the close of the hearing for oral
argument, which shall be made part of the record. The Administrative Law Judge may direct the
filing of briefs when the filing is, in the opinion of the Administrative Law Judge, warranted by
the nature of the proceedings or the particular issues involved. All briefs filed shall be an
accordance with Section 1200.140.All briefs shall be no more than a total of 50 double-spaced
pages with margins of at least 1/2 inch, including attachments. All of the pages in excess of the
50 page limit will be rejected. The General Counsel may grant approval of exceptions and briefs
containing more than 50 pages only in extraordinary circumstances (e.g., in cases involving
extremely complex issues, in cases involving factual or legal issues of first impression, or in
cases involving a lengthy factual record).
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.70 Representation of Parties
A party may be represented by counsel or any other representative of the party's choosing. The
representative shall file a Notice of Appearance with the Board referencing the case number and
caption, and the postal address, email address and telephone number of the representative. Filing
pleadings on behalf of a party shall be equivalent to filing a Notice of Appearance, provided the
pleadings include the required information.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.80 Ex Parte Communications
No party or other persons legally interested in the outcome of a matter pending before an
Administrative Law Judge or any Board panelhearing may communicate ex parte regarding the
matter, either directly or indirectly, with anyan Administrative Law Judge or with any member of
the Board regarding matters pending before the Board.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.90 Subpoenas
Following the issuance of a complaint for hearing or a notice of representation hearing, the
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Board, upon the request of an Administrative Law Judge or upon the written application of a
party, shall have the power to issue subpoenas for witnesses and subpoenas for documents.
a)
Subpoenas for Witnesses
1)
A party's written application for subpoenas for witnesses must be directed
to the Administrative Law Judge, and must contain the following
information:
A)
the title and case number of the proceeding;
B)
the name, address, e-mail addres and phone number of the party
requesting the subpoena and its representative;
C)
the name of the person to be subpoenaed; and
D)
the date, time and place of the appearance to be commanded.
2)
Applications must be filed with the Board and served on the other parties
to the case at least 10 days before the hearing. The requested subpoenas
may be picked up at the Board's office where the hearing will be held or at
the office specified by the applicant in the subpoena request. Upon
request, the Board will mail the subpoenas to the applicant.
3)
The party requesting the subpoenas shall be responsible for serving the
subpoenas on the witnesses at least 5 days before the hearing date. The
party requesting the subpoenas shall also be responsible for payment of
the witness fees for attendance, subsistence and mileage. Witnesses
appearing at a hearing pursuant to subpoena are entitled to the same fees
and mileage as are allowed witnesses in civil cases in the courts of the
State of Illinois, pursuant to Section 4.3 of the Fees and Salaries Act [705
ILCS 35/4.3]. The requesting party must tender all fees with the
subpoena. A witness appearing at the request of the Board shall submit
the subpoena with a voucher when claiming reimbursement.
4)
Board employees shall not be subpoenaed to testify regarding matters that
occurred during their employment with the Board.
5)
Subpoenas shall remain in effect throughout the course of the proceedings.
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b)
Subpoenas for Documents (Subpoena Duces Tecum)
1)
c)
A party's written application for subpoenas for documents must be
directed to the Administrative Law Judge and must contain the following
information:
A)
the title and case number of the proceeding;
B)
the name, address and phone number of the party requesting the
subpoena and its representative;
C)
a detailed description of the books, papers, documents or other
objects to be produced pursuant to the subpoena;
D)
the name of the person to be served with the subpoena; and
E)
the date, time and place of production to be commanded.
2)
Applications must be filed with the Board and served on the other parties
to the case at least 10 days before the hearing and 10 days before the date
on which the documents are to be produced. The date and time for
production of documents may be prior to the hearing. The requested
subpoenas may be picked up at the Board's office where the hearing will
be held or at the office specified by the applicant in the subpoena request.
Upon request, the Board will mail the subpoenas to the applicant.
3)
The party requesting the subpoenas shall be responsible for serving the
subpoenas at least 5 days before the hearing date and 5 days before the
date on which the documents are to be produced.
4)
Confidential Board documents as defined in 2 Ill. Adm. Code 2501.20(c)
shall not be subpoenaed.
Motions to Revoke Subpoenas
A person objecting to the subpoena may file a motion to revoke the subpoena.
The motion must be filed at least 3 days prior to the hearing and 3 days before the
date on which the documents are to be produced. The motion shall be filed with
the Administrative Law Judge assigned to the case. Grounds for revocation shall
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include irrelevance, undue burden and privilege.
d)
Subpoenas in Impasse Proceedings
Subpoenas in impasse proceedings shall be handled in accordance with 80 Ill.
Adm. Code 1230.90. Motions to revoke the subpoena in such proceedings shall
be filed with the arbitrator or fact-finder.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.100 Transfer of Jurisdiction
a)
Whenever a proceeding is instituted before either the State or Local Panel of the
Illinois Labor Relations Board and it appears that the matter is properly subject to
the other Panel's jurisdiction, the first Panel shall transfer the case to the other
Panel.
b)
Whenever one Panel has transferred a case to the other Panel, the other Panel
canan refuse to accept the transfer if it believes that it does not have jurisdiction.
The other Panel's refusal to accept the transfer shall automatically initiate the
scheduling of a joint meeting of the State and Local PanelsPanel proceeding to
resolve the jurisdictional issue.
c)
Whenever only one member of either Panel believes that a case before that Panel
is subject to the jurisdiction of the other Panel, that member shall initiate a joint
Panel proceeding to resolve the jurisdictional issue.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.105 Consolidation of Proceedings
The Board mayshall consolidate two or more representation or unfair labor practice cases when
the following 3 conditions are met.
a)
The cases involve common parties or issues of law or fact and/or grow out of the
same transaction or occurrence;
b)
Consolidation would not prejudice the rights of the parties; and
c)
Consolidation would result in the efficient and expeditious resolution of cases.
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(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.120 Voluntary Settlement or Adjustment of Disputes
The Board, as a matter of policy, encourages the voluntary efforts of the parties to settle or adjust
disputes involving issues of representation, unfair labor practices, and interest and rights
disputes. Any such efforts at resolution or conciliation and any resulting settlements shall be in
compliance with the provisions, purposes and policies of the Act. Any facts, admissions against
interest, offers of settlement or proposals of adjustment that have been submitted pursuant to this
Section shall not be used as evidence of an admission of a violation of the Act.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.135 Appeals Procedures, Board Review and Court Review
a)
Executive Director's Orders
1)
Parties may appeal to the Board ordersOrders of the Executive Director,
except orders setting matters for hearing, may be appealed to the Board.
Notice of appeal and all supporting materials shall be filed with the
Board's General Counsel, in the Board's Chicago office, no later than 10
days after service of the Executive Director's order. The appeal shall be
served on all other parties in accordance with Section 1200.20.
2)
A party may file a response to the appeal and all materials in support of
the response no later than 5 days after service of the appeal. The response
shall be served on all other parties in accordance with Section 1200.20.
3)
The Board will review an Executive Director's order only upon the timely
filing of an appeal. Parties desiring oral argument before the Board shall
request oral argument and state the reasons for the requests in their appeals
and responses. The Board shall grant or deny requests for oral argument
depending upon the significance, complexity and novelty of the issues. In
addition, the Board may, on its own motion, request oral argument,
depending upon the significance, complexity and novelty of the issues.
The Board may adopt all, part or none of the order depending on the
extent to which it is consistent with the record and applicable law. The
Board shall issue and serve on all parties its decision and order.
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b)
Administrative Law Judge's Recommended Decision and Order
1)
Proceedings
A)
In representation proceedings, parties may file exceptions to the
Administrative Law Judge's recommended decision and order, and
briefs in support of those exceptions, no later than 14 days after
service of the recommended decision and order. Parties may file
responses to exceptions and briefs in support of the responses no
later than 10 days after service of the exceptions. In such
responses, parties that have not previously filed exceptions may
include cross-exceptions to any portion of the Administrative Law
Judge's decision. Within 5 days from the filing of the crossexceptions, parties may file cross-responses to the crossexceptions. Cross-responses shall be limited to the questions
raised in the cross-exceptions. All exceptions, responses, crossexceptions and cross-responses shall be filed in accordance with
Section 1200.135. Each party shall serve its exceptions, crossexceptions, responses, cross-responses, and briefs on the other
parties. If the original exceptions are withdrawn, then all
subsequent exceptions are moot.
B)
In unfair labor practice proceedings, parties may file exceptions to
the Administrative Law Judge's recommended decision and order,
and briefs in support of those exceptions, no later than 30 days
after service of the recommended decision and order. Parties may
file responses to exceptions and briefs in support of the responses
no later than 15 days after service of the exceptions. In such
responses, parties that have not previously filed exceptions may
include cross-exceptions to any portion of the Administrative Law
Judge's decision. Within 7 days from the filing of such crossexceptions, parties may file cross-responses to the crossexceptions. Cross-responses shall be limited to the questions
raised in the cross-exceptions. All exceptions, responses, crossexceptions and cross-responses shall be filed in accordance with
Section 1200.135. Each party shall serve its exceptions, crossexceptions, responses, cross-responses, and briefs on the other
parties.
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C)
In either type of proceeding, exceptions, responses, crossexceptions, cross-responses and briefs, shall be filed with the
Board's General Counsel in the Board's Chicago office. A party
not filing timely exceptions waives its right to object to the
Administrative Law Judge's recommended decision and order.
2)
Exceptions and/or cross-exceptions shall specifically set forth the
questions of procedure, fact, law or policy to which exception is taken,
shall identify that part of the Administrative Law Judge's recommended
decision and order to which objection is made, and shall state the grounds
for the exceptions and shall include the citation of authorities and citations
to the record unless set forth in a supporting brief. Any exception to a
ruling, finding, conclusion or recommendation that is not specifically
urged shall be deemed to have been waived. Any exception that fails to
comply with the foregoing requirements may be disregarded.
3)
Any brief in support of exceptions shall be confined to the subjects raised
in the exceptions and shall contain:
4)
A)
a clear and concise statement of the case containing all that is
material to the consideration of the questions presented;
B)
a specification of the questions involved and the issues to be
argued; and
C)
an argument, presenting clearly the points of fact and law relied
upon in support of the position taken on each question.
The Board will review the Administrative Law Judge's recommended
decision and order upon timely filing of exceptions or at any time on its
own motion. The Board may adopt all, part or none of the recommended
decision and order depending on the extent to which it is consistent with
the record and applicable law. The Board shall issue and serve on all
parties its decision and order.
A)
In representation proceedings, if the Board determines that a
question concerning representation exists, the Board shall direct
the holding of an election on a date and at a time and place set by
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the Board. The Board shall direct the posting of a Notice of
Election. Within 7 days following the Board's direction of an
election, the employer shall furnish the Board and the labor
organization with an excelsior list, which is a list of the full names,
alphabetized by last name, and addresses of the employees eligible
to vote in the election. The listlists shall be provided by personal
delivery or certified mail. The employer shall obtain receipts
verifying delivery.
B)
5)
In unfair labor practice proceedings, the Board will retain
jurisdiction over the case to ensure the parties' compliance with the
Board order. Unless overturned by the Board, the parties must
comply with the recommended decision and order.
If no exceptions to the Administrative Law Judge's recommended decision
and order have been filed within the prescribed time period, the parties
will be deemed to have waived their exceptions. Unless the Board
reviews the recommended decision and order upon its own motion, it will
not be legal precedent and shall be final and binding only on the parties to
that proceeding. The Board's General Counsel shall issue an order so
providing.
c)
Requests for Oral Argument
Parties desiring oral argument before the Board shall request oral argument and
state the reasons for the requests in their appeals, exceptions and responses. The
Board shall grant or deny requests for oral argument depending upon the
significance, complexity and novelty of the issues. In addition, the Board may, on
its own motion, request oral argument, depending upon the significance,
complexity and novelty of the issues.
dc)
Court Review of Board Orders
Appeals to a Board's decision shall be made in accordance with Sections 9 i) and
11 e) of the Act.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.140 Amicus Curiae Briefs
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a)
For purposes of this Section, "briefs" shall be deemed to include:
1)
post-hearing briefs before an Administrative Law Judge;
2)
briefs in support of appeals from Executive Director's orders and
responses to those orders, inclusive of any separate appeal or response
document filed with the brief;
3)
briefs in support of exceptions and cross-exceptions to an Administrative
Law Judge's recommended decision and order and responses to that
decision and order, inclusive of any separate exceptions, cross-exceptions
or response document filed with the brief;
4)
briefs in support of or opposition to petitions for declaratory ruling;
5)
objections to compliance orders; and
6)
amicus curiae briefs filed pursuant to subsection (c).
b)
All briefs, including supporting materials, shall be no more than a total of 50
double-spaced pages with margins of at least ½ inch, including attachments. All
of the pages in excess of the 50 page limit will be rejected, unless leave is granted.
In the extraordinary circumstance that a case involves extremely complex issues,
issues of first impression, or a lengthy factual record, a party may seek leave to
file a brief in excess of 50 pages by filing a motion requesting leave. Motions
seeking leave must be filed before the deadline for filing the brief at issue and
should be directed to the Administrative Law Judge with whom the brief is
pending or the General Counsel if the brief is on a matter before the Board.
c)
Interested non-partiesParties may file a motion with the Board to request leave to
file an amicus curiae brief or the Board, on its own motion, may solicit such
briefs. The Board's standards by which to grant leave to file an amicus brief will
include the importance of the issue presented, the general application of the issue
presented and the need perceived by the Board for additional briefing on the issue
presented. The amicus curiae brief shall conform to any conditions imposed by
the Board for briefs in the case in which the brief is filed. These interested nonpartiesAmicus curiae parties may be invited to participate in oral arguments heard
by the Board. The Board will accept amicus curiae briefs in its proceedings. The
filing of such briefs shall not serve to postpone or delay the proceedings.
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(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.143 Declaratory Rulings
Parties may petition the Board's General Counsel for a declaratory ruling, pursuant to Section 5150 of the Illinois Administrative Procedure Act [5 ILCS 100/5-150], as follows:
a)
In general public employee bargaining units covered by 80 Ill. Adm. Code
1230.Subpart C, if, after the commencement of negotiations and before reaching
agreement, the exclusive representative and the employer have a good faith
disagreement over whether the Act requires bargaining over a particular subject or
particular subjects, they may jointly petition for a declaratory ruling concerning
the status of the law.
1)
The petition must be signed by both parties and must contain the name,
address, email address, telephone number and person to contact for each
party, the date negotiations began, a statement of the legal issue on which
a declaratory ruling is sought, and a copy of the most recently negotiated
contract, if any.
2)
Declaratory rulings shall not be issued concerning factual issues that are in
dispute.
3)
Each party shall file a brief no later than 10 days after the filing of the
petition, unless an extension has been granted by the General Counsel.
4)
Any party desiring oral argument shall request oral argument in writing
prior to or at the time of the filing of its brief. The General Counsel shall
determine whether oral argument is warranted by the particular issues
involved. Oral argument shall be held no later than 7 days after the filing
of the briefs.
5)
The General Counsel shall issue a declaratory ruling no later than 30 days
after receipt of the parties' briefs. Pursuant to Board practice and caselaw,
the Board considers General Counsel declaratory rulings to be nonbinding advisory opinions. Consequently, the Board's General Counsel
declaratory rulings are not appealable.
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6)
b)
The parties shall continue to have a duty to bargain in good faith during
the pendency of a declaratory ruling petition. The pendency of a
declaratory ruling petition shall not stay the running of the 60 and 30 day
notice periods provided in 80 Ill. Adm. Code 1230.140(a), (b), and (c).
Nor shall the pendency of a declaratory ruling petition stay the running of
the 5 day notice of intent to strike required under Section 17(a)(5) of the
Act.
In protective service employee bargaining units covered by 80 Ill. Adm. Code
1230.Subpart B, if, after the commencement of negotiations and before reaching
agreement, the exclusive representative and the employer have a good faith
disagreement over whether the Act requires bargaining over a particular subject or
particular subjects, they may jointly petition for a declaratory ruling concerning
the status of the law. If a request for interest arbitration has been served in
accordance with 80 Ill. Adm. Code 1230.70 and either the exclusive
representative or the employer has requested the other party to join it in filing a
declaratory ruling petition and the other party has refused the request, the
requesting party may file the petition on its own, provided that the petition is filed
no later than the first day of the interest arbitration hearing.
1)
A joint petition must be signed by both parties. A petition filed by only
one party must contain a statement that the other party has refused a
request to join in the petition, and must contain a copy of the request for
interest arbitration. All petitions must contain the name, address, email
address, telephone number and person to contact for each party, the date
negotiations began, a statement of the legal issue on which a declaratory
ruling is sought, and a copy of the most recently negotiated contract, if
any.
2)
Declaratory rulings shall not be issued concerning factual issues that are in
dispute. In the case of a unilateral petition for declaratory ruling in which
the General Counsel has determined that material issues of fact are in
dispute, the General Counsel may either dismiss the petition without
prejudice to the requesting party's right to file an unfair labor practice
charge, or, where the General Counsel determines that a fact-finding of the
disputed factual issues will facilitate a determination of the issues that are
the subject of the petition, the issuance of the declaratory ruling may be
deferred and the disputed issues of fact referred to the Interest Arbitration
Panel for determination.
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3)
The Board shall serve a copy of a petition filed by only one party on the
other party. Each party shall file a brief no later than 10 days after the
filing of a joint petition, or no later than 10 days after the service of a
petition filed by only one party, unless an extension has been granted by
the General Counsel.
4)
Any party desiring oral argument shall request oral argument in writing
prior to or at the time of the filing of its brief. The General Counsel shall
determine whether oral argument is warranted by the particular issues
involved. Oral argument shall be held no later than 7 days after the filing
of the briefs.
5)
The General Counsel shall issue a declaratory ruling no later than 30 days
after receipt of the parties' briefs. Declaratory rulings shall not be
appealable.
6)
The parties shall continue to have a duty to bargain in good faith during
the pendency of a declaratory ruling petition. The pendency of a
declaratory ruling petition shall not stay mediation or interest arbitration
proceedings required under the Act.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 1200.145 Filing of Contracts
a)
Within 60 days after a collective bargaining agreement that is subject to the Act
has been signed by the parties, the parties shall be jointlyreached, each labor
organization and each employer shall be responsible for filing with the Board a
copy of the agreement in .pdf and paper form.2 copies of any collective
bargaining agreement that is subject to the Act.
b)
The collective bargaining agreements shall be accompanied by a designated
Board form setting forth the following information:
1)
names, addresses, email addresses, telephone and fax numbers of the
parties and their representatives;
2)
the contract's execution and expiration dates; and
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3)
the composition of the bargaining unit and whether the unit is a general
public employee unit or a protective services unit.
c)
The Board's acceptance of the contract for filing is not determinative of any
substantive issues in any proceedings before the Board, such as the existence of a
valid historical unit or of a valid collective bargaining relationship between the
parties or that the contract is sufficient to establish a contract bar under 80 Ill.
Adm. Code 1210.
d)
Failure of the parties to comply with the above filing requirements may cause any
representation petitions or requests for mediation and/or arbitration to be delayed
until thatsuch information is submitted to the Board.
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
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1)
Heading of the Part: State Toll Highway Rules
2)
Code Citation: 92 Ill. Adm. Code 2520
3)
Section Numbers:
2520.410
2520.420
4)
Statutory Authority: 605 ILCS 10/10; 605 ILCS 5/11-601; 605 ILCS 5/11-603
5)
A Complete Description of the Subjects and Issues Involved: The proposed rules
changes seek to increase speed limits on certain sections of the Jane Addams Memorial
Tollway (I-90) and the Veterans Memorial Tollway (I-355).
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: The Tollway's consulting traffic engineer has prepared a study that supports
the proposed maximum speed limit increases.
7)
Will this rulemaking replace any emergency rule currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other rulemakings pending on this Part? Yes
Section Number:
2520.750
Proposed Actions:
Amendment
Amendment
Proposed Action:
Amendment
Illinois Register Citation:
39 Ill. Reg. 14128; October 30, 2015
11)
Statement of Statewide Policy Objectives: The Tollway seeks to increase its speed limits
consistent with the recommendations of its traffic engineers.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Persons who wish to comment on this proposed rulemaking may submit
written comments within 45 days of the publication of this Notice in the Illinois Register
to:
David Goldberg
General Counsel
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Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove IL 60515
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: None
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
included on the most recent agenda because: The proposed rule changes had not been
prepared or necessarily contemplated by the Tollway's Board of Directors at the time of
the publishing of the most recent Regulatory Agenda.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER
ILLINOIS STATE TOLL HIGHWAY AUTHORITY
NOTICE OF PROPOSED AMENDMENTS
TITLE 92: TRANSPORTATION
CHAPTER IV: ILLINOIS STATE TOLL HIGHWAY AUTHORITY
PART 2520
STATE TOLL HIGHWAY RULES
SUBPART A: AUTHORITY AND DEFINITIONS
Section
2520.100
2520.110
2520.120
2520.130
Authority
Authority Rulemaking
Related Statutes
Definitions
SUBPART B: GENERAL TRAFFIC RULES AND REGULATIONS
Section
2520.200
2520.203
2520.206
2520.209
2520.212
2520.215
2520.218
2520.221
2520.224
2520.227
2520.230
2520.233
2520.236
2520.239
2520.242
2520.245
2520.248
2520.251
2520.254
2520.257
2520.260
2520.263
Illinois Vehicle Code
Use of Tollway Prohibited or Restricted
Vehicles Excepted from Provisions of Section 2520.203
Transportation of Hazardous Materials
Special Usage Toll
Loading or Unloading of Vehicles
Full Stop at All Toll Plazas
Entering and Leaving the Tollway
"U" Turns, Etc.
Backing Up of Vehicles
Parking, Standing or Stopping
Relocating of Vehicles
Pushing or Towing of Vehicles
Stopping or Halting Vehicles by the Authority
Destruction of Authority Property
Picnics
Aircraft
Sale of Goods and Services
Solicitation of Rides
Loitering or Interfering with Traffic
Approaching/Departing a Toll Plaza
Compliance with Orders or Directions of State Troopers, Etc.
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2520.266
2520.269
2520.272
2520.275
2520.278
2520.281
Duty Upon Striking Fixtures, Structures or Other Property on Tollway
Payment of Tolls
I-Pass Registration
Prohibited and Restricted Lanes
Traffic Control Devices
Penalty for Violation
SUBPART C: TRESPASS
Section
2520.300
2520.310
2520.320
2520.340
2520.350
Authority
Restriction of Vehicles Using the Tollway
Restriction on Nature of Use of Tollway
Persons and Vehicles Excepted from the Requirements of Subpart C
Penalties
SUBPART D: SPEED RESTRICTIONS
Section
2520.410
2520.420
2520.430
2520.440
2520.450
2520.460
Maximum Speed Limits for Passenger Cars
Maximum Speed Limits for Trucks, Buses, Passenger Cars Towing Trailers,
House Trailers and Campers
Maximum Speed Limits for Designated I-Pass Lanes, Service Areas, Parking
Areas, Access Roads and Ramps, and Barrier Toll Plaza Approaches
Road Hazards and Construction Zones
Special Road Conditions
Minimum Speed Limits
SUBPART E: FINES AND PENALTIES
Section
2520.510
2520.520
2520.530
2520.540
2520.550
Violations
Littering – Penalty
Spurious or Counterfeit Tickets, Coupons or Tokens – Penalty
Toll Collection Devices – Penalty for Breaking
I-PASS Customer − Penalties
SUBPART F: TOLL VIOLATIONS – ADMINISTRATIVE ADJUDICATION SYSTEM
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ILLINOIS STATE TOLL HIGHWAY AUTHORITY
NOTICE OF PROPOSED AMENDMENTS
Section
2520.700
2520.705
2520.710
2520.715
2520.720
2520.725
2520.730
2520.735
2520.740
2520.745
2520.750
2520.755
2520.760
2520.765
2520.770
Authority
Notice of Violation to Respondent
Effective Date of Notices
Establishment of the Toll-Free Telephone Number
Timely Request for Hearing
Hearing Officers – Appointment, Disqualification, Powers and Duties
Discovery
Continuance
Hearings Format
Failure to Respond to Notice of Violation − Default
Penalties
Liability of Lessor
Liability of Registered Owner
Enforcement of Final Order
Judicial Review
SUBPART G: EMPLOYMENT
2520.800
Tollway Employees
2520.APPENDIX A
Rules and Regulations for Overweight and Overdimension Vehicles
and Loads
AUTHORITY: Implementing and authorized by the Toll Highway Act [605 ILCS 10].
SOURCE: Filed January 3, 1973; effective February 1, 1973; codified at 8 Ill. Reg. 19884; Part
repealed, new Part adopted at 17 Ill. Reg. 8539, effective May 27, 1993; amended at 20 Ill. Reg.
10200, effective July 12, 1996; emergency amendment at 24 Ill. Reg. 2737, effective February 4,
2000, for a maximum of 150 days; emergency expired July 2, 2000; emergency amendment at 24
Ill. Reg. 4234, effective February 29, 2000, for a maximum of 150 days; emergency expired July
27, 2000; amended at 24 Ill. Reg. 16078, effective October 11, 2000; emergency amendment at
26 Ill. Reg. 16325, effective October 31, 2002, for a maximum of 150 days ; amended at 27 Ill.
Reg. 6325, effective April 1, 2003; emergency amendment at 27 Ill. Reg. 18238, effective
November 6, 2003, for a maximum of 150 days; emergency expired April 5, 2004; emergency
amendment at 28 Ill. Reg. 1780, effective January 14, 2004, for a maximum of 150 days;
amended at 28 Ill. Reg. 6911, effective April 23, 2004; emergency amendment at 28 Ill. Reg.
7688, effective May 24, 2004, for a maximum of 150 days; emergency expired October 20,
2004; amended at 28 Ill. Reg. 14530, effective October 25, 2004; old Part repealed at 30 Ill. Reg.
ILLINOIS REGISTER
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ILLINOIS STATE TOLL HIGHWAY AUTHORITY
NOTICE OF PROPOSED AMENDMENTS
11261 and new Part adopted at 30 Ill. Reg. 11264, effective June 9, 2006; amended at 35 Ill.
Reg. 535, effective December 27, 2010; emergency amendment at 38 Ill. Reg. 2433, effective
January 7, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 4037, effective January 27,
2014; amended at 38 Ill. Reg. 11369, effective May 9, 2014; amended at 38 Ill. Reg. 19780,
effective September 25, 2014; amended at 39 Ill. Reg. 12640, effective August 28, 2015;
amended at 40 Ill. Reg. ______, effective ____________.
SUBPART D: SPEED RESTRICTIONS
Section 2520.410 Maximum Speed Limits for Passenger Cars
The following shall be the maximum speed limits for passenger cars (includes motorcycles) on
the Tollway, except as provided by Sections 2520.430 and 2520.440:
a)
Tri-State Tollway (I-94 and I-294):
70 miles per hour north of I-94 M.P.7.5 (Stearns School Road).
65 miles per hour between I-94 M.P.7.5 (Stearns School Road) and I-94
M.P.24.2 (Deerfield Road).
60 miles per hour between I-94 M.P.24.2 (Deerfield Road) and M.P.25.2
(Lake-Cook Road).
60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and M.P.
42.2 (Touhy Avenue).
60 miles per hour between I-294 M.P.23.1 (I-55) and M.P.7.6 (I-57).
55 miles per hour on the remainder of I-294.
b)
Jane Addams Memorial Tollway (I-90):
55 miles per hour east of M.P.51.8 (west of Randall Road).
65 miles per hour between M.P.51.8 (west of Randall Road) and M.P.17.4
(west of the I-39 Interchange).
70 miles per hour west of M.P.51.8 (west of Randall Road)M.P.17.4 (west
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ILLINOIS STATE TOLL HIGHWAY AUTHORITY
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of the I-39 Interchange).
c)
Reagan Memorial Highway (I-88):
60 miles per hour between M.P.140.4 (I-290/Eisenhower Expressway) and
M.P.17.1 (Illinois Route 31).
65 miles per hour between M.P.117.1 (Illinois Route 31) and M.P.109.0
(west of Illinois Route 47).
70 miles per hour west of M.P.109.0 (west of Illinois Route 47).
d)
Veterans Memorial Tollway (I-355):
60 miles per hour between M.P.12.0 (I-55) and M.P.29.8 (Army Trail
Road).
7065 miles per hour south of M.P.12.0 (I-55).
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
Section 2520.420 Maximum Speed Limits for Trucks, Buses, Passenger Cars Towing
Trailers, House Trailers and Campers
a)
The following shall be the maximum speed limits for trucks and passenger cars
towing trailers, house trailers and campers on the Tollway, except as provided by
Sections 2520.430 and 2520.440:
1)
Tri-State Tollway (I-94 and I-294):
60 miles per hour north of I-94 M.P.25.2 (Lake-Cook Road).
60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and
M.P.42.2 (Touhy Avenue).
60 miles per hour between I-294 M.P.23.1 (I-55) and M.P.7.6 (I57).
55 miles per hour on the remainder of I-294.
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ILLINOIS STATE TOLL HIGHWAY AUTHORITY
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2)
Jane Addams Memorial Tollway (I-90):
55 miles per hour east of M.P.51.8 (west of Randall Road).
60 miles per hour between M.P.51.8 (west of Randall Road) to
M.P. 31.2 (McHenry County Line).
65 miles per hour between M.P.31.2 (McHenry County Line) and
MP.17.4 (west of the I-39 Interchange).
70 miles per hour west of M.P.31.2 (McHenry County
Line)M.P.17.4 (west of the I-39 Interchange).
3)
Reagan Memorial Highway (I-88):
60 miles per hour between M.P.140.4 (I-290/Eisenhower
Expressway) and M.P.101.0 (Kane/DeKalb County Line).
70 miles per hour west of M.P.101.0 (Kane/DeKalb County Line).
4)
Veterans Memorial Tollway (I-355):
60 miles per hour between M.P.0.0 (I-80) and M.P.29.8 (Army
Trail Road).
b)
The following shall be the maximum speed limits for buses on the Tollway,
except as provided by Sections 2520.430 and 2520.440:
1)
Tri-State Tollway (I-94 and I-294):
65 miles per hour north of I-94 M.P.24.2 (Deerfield Road).
60 miles per hour between I-94 M.P.24.2 (Deerfield Road) and
M.P.25.2 (Lake-Cook Road).
60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and
M.P.42.2 (Touhy Avenue).
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ILLINOIS STATE TOLL HIGHWAY AUTHORITY
NOTICE OF PROPOSED AMENDMENTS
60 miles per hour between I-294 M.P. 23.1 (I-55) and M.P.7.6 (I57).
55 miles per hour on the remainder of I-294.
2)
Jane Addams Memorial Tollway (I-90):
55 miles per hour east of M.P.51.8 (west of Randall Road).
65 miles per hour between M.P.51.8 (west of Randall Road) to
M.P.31.2 (McHenry County Line)M.P.17.4 (west of the I-39
Interchange).
70 miles per hour west of M.P.31.2 (McHenry County
Line)M.P.17.4 (west of the I-39 Interchange).
3)
Reagan Memorial Highway (I-88):
60 miles per hour between M.P.140.4 (I-290/Eisenhower
Expressway) and M.P.117.1 (Illinois Route 31).
65 miles per hour between M.P.117.1 (Illinois Route 31) and
M.P.101.0 (Kane/DeKalb County Line).
70 miles per hour west of M.P.101.0 (Kane/DeKalb County Line).
4)
Veterans Memorial Tollway (I-355):
60 miles per hour between M.P.12.0 (I-55) and M.P.29.8 (Army
Trail Road).
65 miles per hour between M.P.0.0 (I-80) and M.P.12.0 (I-55).
(Source: Amended at 40 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
1)
Heading of the Part: Inspection Procedures for Special Vehicles
2)
Code Citation: 92 Ill. Adm. Code 438
3)
Section Numbers:
438.10
438.20
438.30
438.40
438.APPENDIX A
438.APPENDIX B
438.APPENDIX C
438.APPENDIX D
438.APPENDIX E
438.APPENDIX F
438.APPENDIX G
438.APPENDIX H
438.APPENDIX I
438.APPENDIX J
438.APPENDIX K
4)
Statutory Authority: Implementing and authorized by Sections 12-711 and 12-503 of the
Illinois Vehicle Equipment Law [625 ILCS 5/12-711 and 12-503], the Illinois Vehicle
Inspection Law [625 ILCS 5/Ch. 13] and Section 6-410 of the Illinois Driver Licensing
Law [625 ILCS 5/5-410]
5)
A Complete Description of the Subjects and Issues Involved: This new Part updates the
inspection procedures and rejection criteria for vehicles designated as "special vehicles"
by the Department. Examples of special vehicles include, but are not limited to:








Proposed Actions:
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
New Section
Buses designed to transport 11-15 persons, including the driver (except
school buses);
Contract carriers;
Driver education training vehicles;
Limousines;
Medical transport vehicles;
Rebuilt (salvage) vehicles;
Religious Organization Buses; and
Tow trucks used intrastate.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
This Part replaces Appendix A, Appendix C, Appendix D as well as Exhibits A and B of
92 Ill. Adm. Code 448, Official Testing Stations. The administrative requirements for
operating an Official Testing Station in Sections 448.5 through 448.130 are now located
in 92 Illinois Adm. Code 451, Administrative Requirements for Official Testing Stations,
and must be repealed from Part 448. Therefore, the entire Part 448 is simultaneously
being repealed elsewhere in this Register.
Part 448 was filed in 1977 with the majority of the procedures and rejection criteria found
in Appendix A remaining relatively unchanged since it was filed. In January 1990, PA
86-408 amended the Illinois Vehicle Inspection Law to require: For trucks, truck
tractors, trailers, semi-trailers, buses, the safety test shall be conducted in accordance with
the Minimum Periodic Inspection Standards promulgated by the Federal Highway
Administration of the U.S. Department of Transportation and contained in Appendix G to
Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. (This
inspection is commonly referred to as an Appendix G inspection.) To comply with PA
86-408, the Department instructed the owners of Illinois Official Testing Stations to
inspect those applicable vehicles that were affected by PA 86-408 by using the Appendix
G inspection criteria and to no longer use the procedures prescribed in Part 448.
The Federal Highway Administration intended the Appendix G inspection standards to be
applicable to commercial motor vehicles, which are generally larger commercial-type
vehicles. Some of the Appendix G standards cannot be applied to vehicles smaller than
what is generally thought of as a commercial motor vehicle. (A commercial motor
vehicle is generally defined as a vehicle that has a Gross Vehicle Weight Rating of more
than 10,000 lbs. or a passenger carrying vehicle designed to transport more than 15
persons, including the driver.) An example of when Appendix G criteria cannot be
applied to special vehicles is the inspection of the service brake system. Appendix G
criteria requires the measurement of a brake's push rod travel to determine the
readjustment limits for service brakes. However, only vehicles manufactured with an air
brake system (i.e., larger vehicles) are equipped with a push rod necessary to determine
the push rod travel. Part 448 required the braking action for braking systems other than
air brakes be measured with the use of a brake testing machine. Public Official Testing
Stations are required to be equipped with an approved brake testing machine. The
procedures for utilizing a brake testing machine are also set out in this new Part 438 and
will continue to be used to inspect special vehicles.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Illinois law also requires additional equipment on special vehicles that is not required for
an Appendix G inspection. An example of additional equipment required for a special
vehicle is the oscillating light required to be located on the roof of an ambulance.
In 1990, the Department classified the vehicles that should not be inspected using solely
Appendix G criteria as "special vehicles" with distinct inspection criteria unique to those
vehicles as prescribed in 92 Ill. Adm. Code 448.
As the inspection program progressed, it became apparent to the Department that, for
consistency, the existing inspection criteria for "special" vehicles should be updated and
amended to more closely match the procedures and criteria used for an Appendix G
inspection. Consistency within the inspection program, whenever possible, is a goal for
this rulemaking.
In this proposed rulemaking, the Department has amended the inspection procedures for
consistency with the procedures used for an Appendix G inspection. Wherever possible,
the Department uses Appendix G criteria that can be applied to special vehicles. This
makes the inspection process less complicated for the Certified Safety Testers (CST) who
perform the inspections. It also assists with the training of new CSTs when the
inspection procedures and rejection criteria are the same and consistent for as many
vehicles as possible.
At Section 438.30, Incorporation by Reference of Federal Regulations, the Department is
proposing to incorporate all applicable Federal Motor Vehicle Safety Standards (FMVSS)
(49 CFR 571) as of October 1, 2015, the most current edition of the FMVSS. The
National Highway Traffic Safety Administration (NHTSA) requires all vehicles
manufactured for use in the United States to meet the FMVSS.
The following provides a comparison between this new Part 438 and the previous
requirements of Part 448.
Section 438.Appendix A (Battery or Batteries through Exhaust System) through
Appendix E (Tires through Windshield Wipers)
No substantive changes were made to the following components in these Sections:
Service Brakes
Fenders
Floor, Firewall and Occupant
Compartment
Hood
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Horn
Reflectors
Steering System
Suspension System
Tires
Warning Devices
Wheel Housings
Wheels Locks or Side Rings
Wheels and Rims
Windows
Windshield
Windshield Washers
Windshield Wipers
Amendments and clarifications were made to the following components in these
Sections:
Emergency/Parking Brake
Bumpers
Doors
Exhaust System
Frame, Cab and Body
Fuel Storage and Delivery System
Lights
Mirrors
Seat, Driver's
The following components were added to these Sections:
Battery
Battery Cable
Pedals
Seat Belts
Wiring
Section 438.Appendix F (Special Requirements for Buses (Vehicles Manufactured to
Transport 11 or More Passengers, Including the Driver))
No substantive changes were made to the following component in this Section:
First Extinguisher
Amendments and clarifications were made to the following components in this Section:
Emergency Exits
Lettering
Lights and Lenses
Seats, Passenger and Driver
Steps and Floor Covering
Prohibited Items
The following components were added to this Section:
Lifts and Ramps
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.Appendix G (Special Requirements for Contract Carriers, First Division
Vehicles used to Transport School Children (K-12) and Limousines)
No significant changes to the inspection criteria for these vehicles.
Section 438.Appendix H (Special Requirements for Driver Education Training Vehicles)
Providing procedures for driver education training vehicles owned by both commercial
driver training schools and public high schools. Procedures are being established for
motorcycles used by commercial driver training schools.
Section 438.Appendix I (Special Requirements for Medical Transport Vehicles
(Ambulances, Medical Carriers, and Rescue Vehicles))
Establishing procedures for medical transport vehicles that are equipped with an
operating lift or ramp.
Section 438.Appendix J (Special Requirements for Rebuilt Vehicles)
Clarifying acceptable forms of proof of ownership documentation. Clarifying and
updating procedures and rejection criteria for rebuilt motorcycles.
Section 438.Appendix K (Special Requirements for Tow Trucks Used in Intrastate
Commerce)
Deleting identification requirements (i.e., company name, address and telephone
number). Moving splash guard requirements to this Appendix. Adding Agency Note to
clarify that tow trucks used in interstate commerce and displaying a USDOT number are
exempt from the requirements of this Part.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rule currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? Yes
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
10)
Are there any other rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objective: This Part affects units of local government that
own or operate applicable vehicles that are subject to the Illinois Vehicle Inspection Law.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Any interested party may submit written comments or arguments
concerning these proposed rules. Written submissions shall be filed with:
Ms. Catherine Allen
Illinois Department of Transportation
Division of Traffic Safety
P.O. Box 19212
Springfield IL 62794-9212
217/785-3031
JCAR requests, comments and concerns regarding this rulemaking should be addressed
to:
Ms. Sannaz Etemadi
Assistant Chief Counsel
Illinois Department of Transportation
Office of Chief Counsel
2300 South Dirksen Parkway, Room 313
Springfield IL 62764
217/524-7763
Comments received within 45 days after the date of publication of this Illinois Register
will be considered. Comments received after that time will be considered, time
permitting.
13)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: This rulemaking affects small businesses, small municipalities and not-
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
for-profit corporations that own or operate special vehicles subject to the Illinois
Vehicle Inspection Law [625 ILCS 5/13].
14)
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: These proposed
amendments were not included on either of the two most recent agendas because the need
for these rules was not anticipated at the time the agendas were published.
The full text of these Proposed Rules begins on the next page:
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 438
INSPECTION PROCEDURES FOR SPECIAL VEHICLES
Section
438.10
438.20
438.30
438.40
Purpose and Applicability
Definitions
Incorporation by Reference of Federal Regulations
General Requirements
438.APPENDIX A
438.APPENDIX B
438.APPENDIX C
438.APPENDIX D
438.APPENDIX E
438.APPENDIX F
438.APPENDIX G
438.APPENDIX H
438.APPENDIX I
438.APPENDIX J
438.APPENDIX K
Battery or Batteries through Exhaust System
Fenders through Hood
Horn through Seat, Driver's
Seat Belts through Suspension System
Tires through Wiring System
Special Requirements for Buses (Vehicles Manufactured to Transport
11 or More Passengers, Including the Driver)
Special Requirements for Contract Carriers, First Division Vehicles
Used to Transport School Children (K-12) and Limousines
Special Requirements for Driver Education Training Vehicles
Special Requirements for Medical Transport Vehicles (Ambulances,
Medical Carriers and Rescue Vehicles)
Special Requirements for Rebuilt Vehicles
Special Requirements for Tow Trucks used in Intrastate Commerce
AUTHORITY: Implementing and authorized by Sections 12-711 and 12-503 of the Illinois
Vehicle Equipment Law [625 ILCS 5/12-711 and 12-503], the Illinois Vehicle Inspection Law
[625 ILCS 5/Ch. 13] and Section 6-410 of the Illinois Driver Licensing Law [625 ILCS 5/6410].
SOURCE: Adopted at 40 Ill. Reg. _________, effective ____________________.
Section 438.10 Purpose and Applicability
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
The purpose of this Part is to promote the safety of the general public by establishing inspection
standards for Official Testing Stations that conduct safety tests necessary for the following
vehicles to receive a valid certificate of safety. (See IVC Sections 13-101 and 6-410.)
a)
Buses designed to transport 11-15 persons, including the driver (except school
buses) (see 92 Ill. Adm. Code 441, 443 and 445 for school bus inspection
procedures);
b)
Buses registered as charitable vehicles (except motorcoach-style buses) (see 49
CFR 399.appendix G);
c)
Contract carriers transporting employees in the course of their employment on an
Illinois highway in a vehicle designed to carry 15 or fewer passengers;
d)
Driver education training cars operated by commercial driver training schools;
e)
Driver education training cars that are over five model years of age or have an
odometer reading of more than 75,000 miles and are used by public high schools;
f)
First division vehicles, including, but not limited to, taxis that are used for a
purpose that requires the driver to have a school bus driver permit;
g)
Limousines;
h)
Medical transport vehicles;
i)
Multifunction school activity buses manufactured prior to July 1, 2012 and owned
or operated by a public or private school (K-12);
j)
Rebuilt (salvage) vehicles (except rebuilt trailers) (see 49 CFR 399.appendix G);
k)
Religious organization buses (except motorcoach-style buses);
l)
Senior citizen transport vehicles designed to transport 11-15 persons, including
the driver; and
m)
Tow trucks used in intrastate transportation.
Section 438.20 Definitions
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DEPARTMENT OF TRANSPORTATION
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"Ambulance" means any publicly or privately owned vehicle that is specifically
designed, constructed or modified and equipped, and is intended to be used for,
and is maintained or operated for, the emergency transportation of persons who
are sick, injured, wounded or otherwise incapacitated or helpless. (IVC Section
1-102.01)
"Bead" means that part of the tire usually made of steel wires, rubber and ply
cords that are shaped to fit the rim.
"Bottom of the Tread Groove" means the portions of a tread groove nearest the
carcass.
"Bumper" means any device or system of devices protruding from and attached to
the front and rear of a motor vehicle that has been designed to be used to absorb
the impact of a collision. For the purposes of this Part, a bumper also includes a
device or system of devices similar in design to those with which new motor
vehicles are equipped. (IVC Section 1-106.5)
"Bus" or "Motor Bus" means every motor vehicle, other than a commuter van,
designed for carrying more than 10 persons, including the driver. (IVC Section
1-107)
"Carcass" means the tire structure, except the tread and the portion of sidewall
rubber outside the cords.
"Charitable Vehicle" or "Religious Organization Bus" means any vehicle that is
exclusively owned and operated by a religious or charitable not-for-profit
organization and is used primarily in conducting the official activities of the
organization. (See IVC Section 1-111.1a.)
"Circumference of the Tire" or "Tire Circumference" means a closed line around
the tire perimeter that lies approximately in a plane perpendicular to the axis
about which the tire rotates when in use.
"Code" or "IVC" means the Illinois Vehicle Code [625 ILCS 5].
"Commuter Van" means a motor vehicle designed for the transportation of not
less than 7 nor more than 16 passengers, that is:
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
used in a ridesharing arrangement; or
owned or leased by or on behalf of a company or an employee
organization and operated on a non-profit basis with the primary purpose
of transporting employees of the company between the employees' homes
and the company's place of business or a public transportation station and
in which the operating, administrative, maintenance and reasonable
depreciation costs are paid principally by the persons utilizing the
commuter van. (IVC Section 1-111.9)
"Contour Type Splash Guard" means rear fender splash guards that contour the
wheel. The splash guard shall have a lip or flange on its outside edge to minimize
side throw and splash. The lip or flange shall extend toward the center of the
wheel, and shall be perpendicular to and extend not less than 2 inches below the
inside or bottom surface line or plane of the guard. These contour type splash
guards may be constructed of either a rigid or flexible material, but shall be
attached in such a manner that, regardless of movement either by the splash
guards or the vehicle, the splash guards will retain their general parallel
relationship to the tread surface of the tire or wheel under all ordinary operating
conditions. (See Section 12-710(a) of the Illinois Vehicle Equipment Law for a
more detailed description.)
"Contract Carrier" means a vehicle designed to carry 15 or fewer passengers that
is owned by a third party company that is contracted to transport employees of
another company in the course of their employment.
"Cord" means a filament or strand of nonrubbery material woven with others or
laid parallel with others to form a layer or ply in a tire carcass.
"Department" means the Department of Transportation of the State of Illinois,
acting directly or through its duly authorized officers and agents. (IVC Section 1115.05)
"Exhaust System" means the manifold and piping leading from the exhaust ports
of the engine to and including the muffler, resonator and tail piping. The exhaust
system includes each component used to conduct exhaust from an engine exhaust
port to an authorized exit point, including each sealing, connecting and supporting
component.
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"First Division Vehicle" means those motor vehicles that are designed for the
carrying of not more than 10 persons, including the driver. (IVC Section 1-217)
"Flap type splash guard" means rear fender splash guards that are wide enough to
cover the full tread width of the tire or tires being protected. They shall be so
installed that they extend from the underside of the vehicle in a vertical plane
behind the rear wheels to within 12 inches of the ground when the vehicle is
loaded to maximum legal capacity. Flap type splash guards may be constructed
of either a rigid or flexible material. (See Section 12-710(b) of the Illinois
Vehicle Equipment Law for a more detailed description.)
"FMVSS" means the rules and standards set forth in 49 CFR 571 and known as
the Federal Motor Vehicle Safety Standards.
"Fuel Storage and Delivery System" means the fuel tank, fuel pump and
necessary piping to carry the fuel from the tank to the carburetor.
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the
manufacturer as the loaded weight of the vehicle. (See IVC Section 1-124.5.)
(The vehicle's GVWR is located on the federal certification label affixed to the
vehicle by the manufacturer.)
"Illinois Vehicle Equipment Law" means 625 ILCS 5/Ch. 12.
"Interstate" or "Interstate Commerce" means transportation between 2 or more
states or transportation originating in one state and passing into or through other
states for delivery in another state, and that is not intrastate. (IVC Section 1-133)
"Intrastate" or "Intrastate Commerce" means transportation originating at any
point or place within this State and destined to any other point or place within
this State, irrespective of the route, highway or highways traversed, and including
transportation that passes into or through another state before delivery is made
within this State, and including any act of transportation that includes or
completes a pickup within Illinois for delivery within Illinois. (IVC Section 1-134)
"Limousine" means any privately owned First Division vehicle intended to be
used for the transportation of persons for-hire when the payment is not based on a
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meter charge, but is prearranged for a designated destination. (IVC Section 1139.1)
"Medical Carrier" means any publicly or privately owned vehicle that is
specifically designed, constructed or modified and equipped, and is intended to be
used for, and is maintained or operated for, the nonemergency transportation of
persons for compensation for the purpose of obtained medical services. (IVC
Section 1-142.1)
"Medical Transport Vehicle" includes ambulances, medical carriers and rescue
vehicles. (IVC Section 1-142.2)
"Motorcycle" means every motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than 3 wheels in contact with the
ground, but excluding an autocycle or tractor. (IVC Section 1-147)
"Multifunction School Activity Bus" or "MFSAB" means a school bus
manufactured for the purpose of transporting 11 or more persons, including the
driver, whose purposes do not include transporting students to and from home or
school bus stops. An MFSAB is prohibited from meeting the special requirements
for school buses in IVC Sections 12-801, 12-802(a), 12-803 and 12-805. (IVC
Section 1-148.3a5)
"Ply" means a layer of rubber-coated parallel or woven cords, including those laid
under a tread in the form of a circumferential belt.
"Recut" or "Regroove" means the deliberate deepening of existing tread grooves
or tread wear indicators by cutting, burning or other means or the deliberate
forming (by cutting, burning or other means) of a groove or grooves other than
the groove molded by the tire manufacturer or retreader.
"Rescue Vehicle" means any publicly or privately owned vehicle that is
specifically designed, configured and equipped for the performance of access and
extrication of persons from hazardous or life-endangering situations, as well as
for the emergency transportation of persons who are sick, injured, wounded or
otherwise incapacitated or helpless. (IVC Section 1-171.8)
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"Rim" means the metal that supports a tire and that is located between the tire and
either the wheel disc or the wheel spokes when on a road wheel. The rim may be
integral with, permanently or temporarily attached to, or separate from the wheel.
"Second Division Vehicle" means those motor vehicles that:
are designed for carrying more than 10 persons;
are designed or used for living quarters;
are designed for pulling or carrying property, freight or cargo;
are of the First Division remodelled for use and used as motor vehicles of
the Second Division; and
are of the First Division used and registered as school buses. (IVC Section
1-217)
"Separation" means a parting or pulling away from the adjacent portion of the tire
material or carcass.
"Sidewall" means the portion of a tire between tread and bead.
"Special Vehicles" means those vehicles listed in Section 438.10.
"Tandem Axles" means any two or more single axles whose centers are more than
40" and not more than 96" apart, measured to the nearest inch between extreme
axles in the series, except as provided in IVC Section 15-111 for special hauling
vehicles. (IVC Section 1-204.3)
"Tie Bar" means rubber that is molded across a tread groove and braces or
stabilizes adjacent tread elements.
"Tow Truck" means every truck designed or altered and equipped for and used to
push, tow, carry upon or draw vehicles by means of a crane, hoist, towbar,
towline or auxiliary axle, or carried upon to render assistance to disabled
vehicles, except for any truck tractor temporarily converted to a tow truck by
means of a portable wrecker unit attached to the fifth wheel of the truck tractor
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and used only by the owner to tow a disabled vehicle also owned by him or her
and never used for hire. (IVC Section 1-205.1)
"Tread" means the thickness of the tire rubber that is located outside the carcass
and that normally comes into contact with the roadway as the inflated tire wears
during use.
"Tread Element" means a distinct portion of the tread (such as a rib, lug or knob)
that comes into contact with the surface of a smooth, paved road while the
properly inflated tire carries its normal service load.
"Tread Groove" means an elongated void area in a tread that may extend
circumferentially or laterally about the tread in a straight, curved or zigzag
manner.
"Tread Groove Depth" means the shortest distance from a plane in tangential
contact with two adjacent tread elements to the bottom of the tread groove that is
located between the adjacent tread elements.
"Tread Wear Indicator" means a molded hump that stands 2/32" above the bottom
of a tread groove.
"Truck" means every motor vehicle designed, used or maintained primarily for
the transportation of property. (IVC Section 1-211)
"Vehicle" means every device, in, upon or by which any person or property is or
may be transported or drawn upon a highway or requiring a certificate of title
under IVC Section 3-101(d), except devices moved by human power, devices used
exclusively upon stationary rails or tracks, and snowmobiles as defined in the
Snowmobile Registration and Safety Act [625 ILCS 40].
For the purposes of this Part, unless otherwise prescribed, a device shall
be considered to be a vehicle until such time it either comes within the
definition of a junk vehicle, as defined in IVC Section 1-134.1, or a
junking certificate is issued for it.
For this Part, vehicles are divided into two divisions:
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First Division: Those motor vehicles that are designed for the
carrying of not more than 10 persons.
Second Division: Those vehicles that are:
designed for carrying more than 10 persons;
designed or used for living quarters;
designed for pulling or carrying property, freight or cargo;
of the First Division remodelled for use and used as motor
vehicles of the Second Division; and
of the First Division used and registered as school buses.
(IVC Section 1-217)
"Wheelchair Securement Anchorages" means the provision for transferring
wheelchair securement loads to the vehicle structure; commonly referred to as
fastening devices. (See 49 CFR 571.222.)
"Wheelchair Securement Device" means a strap, webbing or other device used for
securing a wheelchair to the vehicle, including all necessary buckles and other
fasteners. (See 49 CFR 571.222.)
Section 438.30 Incorporation by Reference of Federal Regulations
a)
Each vehicle subject to this Part must conform to the applicable provisions of the
Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR 571.1 through
571.500). Those applicable provisions of the FMVSS are incorporated by
reference as that part of the FMVSS was in effect on October 1, 2015. No later
amendments to or editions of 49 CFR 571 are incorporated.
b)
Copies of the materials incorporated by reference are available for inspection at
the Division of Traffic Safety, 1340 North Ninth Street, Springfield, Illinois
62702 or by calling 217/785-1181. The federal standards are available on the
National Archives and Records Administration's website at
http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on
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the Department's website at http://www.idot.illinois.gov/transportationsystem/safety/roadway/index.
Section 438.40 General Requirements
a)
Only vehicles without cargo may be tested.
b)
Vehicles having a compartmentalized body containing tools or other working
equipment (such as vehicles operated by telephone, gas, electric companies, etc.)
that do not exceed the maximum capabilities of the testing equipment may be
tested.
c)
Vehicles equipped with permanently mounted equipment, such as a compressor,
winch or lifting device, and licensed with weight plates that do not exceed the
maximum capabilities of the testing equipment, may be tested.
d)
If the station owner believes the total weight or size of a vehicle might damage
the station or the testing equipment, he/she may refuse to test the vehicle. If the
station owner accepts a vehicle for testing, he/she must assume total liability for
damages to the station or the testing equipment caused by vehicle build, weight or
mass.
e)
Motorcycles are subject only to the applicable requirements in Appendix
H(d)(1)(D) and Appendix J(b).
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Section 438.APPENDIX A Battery or Batteries through Exhaust System
a)
BATTERY OR BATTERIES
PROCEDURES/SPECIFICATIONS:
A minimum of one battery must be installed. Two or more suitably connected
batteries may also be installed.
Battery or batteries must be securely mounted and free of excessive corrosion.
REJECT VEHICLE IF:
Battery or batteries are not securely mounted or are excessively corroded.
b)
BATTERY CABLES
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Cables are corroded or are not securely attached.
c)
BRAKES
1)
SERVICE BRAKES (AIR)
PROCEDURES/SPECIFICATIONS:
Must be equipped with service brakes on all wheels. (See IVC Section 12301(a)(5).)
Service brakes must provide braking action on any axle required to have
brakes. Application of service brakes could cause the vehicle to reduce
speed without creating steering problems. All brake components must be
in good condition. Brake linings or pads must be clean, securely attached
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and of sufficient thickness. There must be no mismatch of air chamber
sizes and slack adjuster lengths across the steering axle of any power unit.
Exception: If the vehicle was manufactured before July 25, 1980 and has
3 or more axles, brakes are not required on the front wheels. However, if
two of those axles are steerable, one of them shall have brakes on all
wheels.
AGENCY NOTE: Prior to inspecting any components located under the
vehicle, be sure wheels have been chocked.
Observe braking action while service brakes are applied. Inspect
for the absence of braking action on any axle required to have
brakes. An example of absent braking action includes missing
brakes or brake shoes that fail to move upon application of a
wedge, S-cam, cam or disc brake.
When the following brake components are visible, inspect for good
working condition and secure attachment:
Shoes
Lining
Pads
Springs
Anchor Pins
Spiders
Cam Shaft Support Brackets
Cam Rollers
Push Rods (Air Only)
Air Chamber (includes Mounting Bolts) (Air Only)
Inspect air brake chamber for any audible air leaks (examples
include ruptured diaphragm, loose chamber clamp, etc.).
REJECT VEHICLE IF:
Absence of braking action on any axle required to have brakes.
Visible brake components are broken or not secure.
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Audible air leak at brake chamber.
BRAKE PERFORMANCE TEST
PROCEDURES/SPECIFICATIONS:
If Using Drive-On Pad Type Brake Tester:
Check vehicle's stopping ability before testing.
Drive vehicle onto brake machine pads at 4 through 8 m.p.h.
Apply service brakes to bring vehicle to a halt. Do not lock
wheels.
Note the braking forces registered by the brake machine.
If Using Roll-On Type Tester:
Each axle must be tested separately. Transmission must be in neutral
when testing brakes on any drive axle. Check vehicle's stopping ability
before testing.
Drive front axle onto rollers and start roller motor.
Apply service brakes but do not lock the wheels.
Note the braking forces registered by the brake machine.
Repeat the above steps for each axle.
The total braking force on a vehicle must be determined by adding
the results of the test on each axle.
REJECT VEHICLE IF:
Drive-On Tester:
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Machine does not register a total braking force of at least
60% of the vehicle empty weight. Braking forces at
opposite wheels on same axle vary more than 20%.
Computerized tester does not register a total braking force
of at least 45% of the vehicle empty weight.
Roll-On Tester:
Machine does not register a total braking force of at least 60% of
the vehicle empty weight. Braking forces at opposite wheels on
same axle vary more than 20%.
2)
BRAKE LININGS AND PADS
Inspect brake linings and pads for firm attachment to the brake
shoe.
Inspect linings and pads for oil, grease or brake fluid saturation.
Measure brake linings for minimum thickness:
Air drum brakes – thickness must measure at least ¼ inch
at the shoe center.
Air disc brakes – thickness must measure at least ⅛ inch.
Hydraulic brake linings or pad thickness must measure
more than 1/16 inch.
REJECT VEHICLE IF:
Any brake lining or pad is not securely attached to the shoe.
Any brake lining or pad is saturated with oil, grease and/or brake
fluid.
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Brake linings with a thickness less than ¼ inch at the shoe center
for air drum brakes; less than ⅛ inch for air disc brakes; 1/16 inch
or less for hydraulic brake linings or pads.
3)
AIR CHAMBER SIZE AND SLACK ADJUSTOR LENGTH
PROCEDURES/SPECIFICATIONS:
Inspect the steering axle to determine if air chamber sizes and slack
adjuster lengths are the same.
REJECT VEHICLE IF:
Air chamber sizes and slack adjuster lengths are not the same on the
steering axle.
4)
PARKING BRAKE SYSTEM
PROCEDURES/SPECIFICATIONS:
Upon actuation of the parking brake control, including driveline hand
controlled parking brakes, the brakes must be activated on the vehicle.
Apply parking brake control and determine if brakes have been activated.
REJECT VEHICLE IF:
Brakes on the vehicle are not activated when parking brake controls are
applied. Actuating mechanism does not fully release when brake control
is operated.
5)
BRAKE DRUMS OR ROTORS
PROCEDURES/SPECIFICATIONS:
The brake drums and rotors shall be free of cracks that open when brakes
are applied. The brake drums and rotors shall not have any portion missing
or in danger of falling away.
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Inspect brake drums and rotors for overall integrity to identify if any
portions are missing or if there are any flexural cracks.
AGENCY NOTE: A flexural crack is a crack resulting from the drum or
rotor being "flexed" at a turn or bend in the metal. Caution should be
taken to insure that short hairline heat cracks are not confused with
flexural cracks.
REJECT VEHICLE IF:
Any drum or rotor has a portion missing or in danger of falling away.
Any flexural crack in the drum or rotor opens when the brakes are applied.
6)
BRAKE HOSE
PROCEDURES/SPECIFICATIONS:
All brake hoses shall be properly connected and free from damage or
leaks.
Inspect hose for damage extending through outer reinforcement
ply.
AGENCY NOTE: Rubber impregnated fabric cover is not a
reinforcement ply. Thermoplastic nylon may have braid
reinforcement or color difference between cover and inner tube.
Exposure of second color is cause for rejection.
Inspect for any bulge or swelling when air pressure is applied.
Inspect for any audible leaks.
Inspect for two hoses improperly joined, such as a splice made by
sliding hose ends over a piece of tubing and clamping hose to tube.
Inspect for cracked, broken or crimped air hose.
REJECT VEHICLE IF:
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An audible leak is present in brake hoses.
A bulge or swell is present when air pressure is applied.
Hoses are cracked, broken or crimped.
7)
BRAKE TUBING
PROCEDURES/SPECIFICATIONS:
Brake tubing must be free of leaks and damage from heat and must not be
cracked, broken or crimped.
Inspect brake lines throughout the vehicle with special attention to areas
where tubing may be subjected to stress to identify:
Any audible leaks;
Cracked tubing;
Tubing damaged by heat; or
Broken or crimped tubing.
REJECT VEHICLE IF:
Brake tubing:
Leaks.
Is damaged from heat.
Is cracked, broken or crimped.
8)
LOW PRESSURE WARNING DEVICE
PROCEDURES/SPECIFICATIONS:
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The low pressure warning device must be properly installed and in good
working condition.
Complete the following steps to evaluate the low pressure warning device:
Start the engine.
Apply service brakes and release until air compressor is activated.
Continue to run engine until compressor cut out pressure is
reached.
Record compressor cut out pressure.
Shut off engine.
Apply brakes and release until low air pressure warning device
functions.
Determine if low pressure warning device (audible or visible) is missing
or inoperative.
Record the reading found on the pressure gauge at which the low pressure
warning device functions.
REJECT VEHICLE IF:
Missing or inoperative low pressure warning device.
Low pressure warning device does not operate at 55 psi or one half cut-out
pressure, whichever is less.
9)
AIR COMPRESSOR
PROCEDURES/SPECIFICATIONS:
Air compressor must be securely mounted with brackets, braces or
adapters in good order and with the pulley and belts in proper condition.
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Visually inspect air compressor to identify:
Loose air compressor mounting bolts.
Air compressor mounting brackets, braces or adapters that are
cracked or broken.
Drive belts in condition of impending or probable failure.
Cracked, broken or loose pulley.
REJECT VEHICLE IF:
Air compressor is not securely mounted.
Mounting brackets, braces or adapters are cracked or broken.
Drive belt or belts in condition of impending or probable failure.
Pulley is cracked, broken or loose.
10)
HYDRAULIC BRAKES (INCLUDING POWER ASSIST OVER
HYDRAULIC AND ENGINE DRIVE HYDRAULIC BOOSTER)
PROCEDURES/SPECIFICATIONS:
A hydraulic brake system must have a sufficient supply of brake fluid.
Fluid lines and hoses must be in good working order, with no leaks.
Components must function as required.
Examine the hydraulic brake system to determine if the:
Master cylinder fluid is not below the manufacturer's minimum
indicator line;
Brake pedal has no reserve when engine is running, except by
pumping pedal.
Power assist unit fails to operate.
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Brake hose seeps or swells with application of brake pressure.
Metering valve is missing or inoperative (if vehicle is so
equipped).
Examine the hydraulic brake system to determine if:
A leak is observed in the brake system.
Any brake hose is abraded or chafed through outer cover-to-fabric
layer.
Any fluid line or connections are leaking, restricted, crimped,
cracked or broken.
Brake failure or low fluid warning light is on or inoperative.
REJECT VEHICLE IF:
Master cylinder fluid is below the manufacturer’s minimum indicator line.
Brake pedal has no reserve when engine is running, except by pumping
pedal.
The power assist unit fails to operate.
Brake hoses seep or swell with the application of brake pressure.
The metering valve is missing or inoperative (if vehicle is so equipped).
A leak is present in the brake system.
Any brake hose is abraded or chafed through outer cover-to-fabric layer.
Any fluid line or connections are leaking, restricted, crimped, cracked or
broken.
Brake failure or low fluid warning light or lights are on or inoperative.
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11)
VACUUM BRAKE SYSTEMS
PROCEDURES/SPECIFICATIONS:
Any vacuum system must have sufficient vacuum reserve to permit one
full application of brakes after engine is shut off. Hoses and lines must be
in good condition. Any full vacuum system must be equipped with an
operative low vacuum warning device.
Determine that sufficient vacuum reserve is present after engine is
shut off to allow one application of brakes.
Examine hoses and lines. Insure that the lines and hoses contain:
No restrictions;
No abrasions (chafing) through outer cover to cord ply;
No crimps, cracks or breaks; or
Any area of collapse in the hose when vacuum is applied.
Physically examine the low vacuum warning device (if vehicle is
so equipped) to insure that it is present and operable.
REJECT VEHICLE IF:
Insufficient vacuum reserve for one application of brakes.
Any condition listed in the third paragraph above is present.
Missing or inoperable low vacuum warning devices.
d)
BUMPERS
PROCEDURES/SPECIFICATIONS:
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Inspect front bumper for secure attachment. Inspect rear bumper, if vehicle is so
equipped. (See Section 438.20 for definition of bumper.)
Exception: Vehicles with a GVWR of more than 9,000 lbs. are exempt from
having a rear bumper. (See Section 12-608(a) of the Illinois Vehicle Equipment
Law.)
REJECT VEHICLE IF:
The front bumper is missing or loosely attached. If vehicle is required to have a
rear bumper, it is missing or loosely attached.
e)
DOORS
PROCEDURES/SPECIFICATIONS:
If vehicle is equipped, inspect door latches and handles for proper operation.
REJECT VEHICLE IF:
The door does not operate properly (if the vehicle is so equipped).
f)
EXHAUST SYSTEM
PROCEDURES/SPECIFICATIONS:
If vehicle is so equipped, inspect the manifold, muffler, resonator, all pipes,
gaskets and supporting hardware.
The exhaust system must be located outside the vehicle's body and attached
securely to the vehicle.
The exhaust system must not leak and must discharge outside the perimeter of the
vehicle's body or must meet manufacturer's original design.
REJECT VEHICLE IF:
Any part of the system is not securely supported.
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Any part of the system is leaking.
Any part of the system contains holes not made by manufacturer.
Any part of the system passes through the passenger compartment.
Exhaust discharge does not exit outside the perimeter of the vehicle's body or
does not meet manufacturer's original design.
Any exposed exhaust stack does not have a protective shield or insulated lining to
prevent burns.
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Section 438.APPENDIX B Fenders through Hood
a)
FENDERS
PROCEDURES/SPECIFICATIONS:
Inspect for the presence of front and rear fenders. Verify fenders are securely
attached to the vehicle.
REJECT VEHICLE IF:
Any fender is missing or not securely attached to the vehicle.
b)
FLOOR, FIREWALL AND OCCUPANT COMPARTMENT
PROCEDURES/SPECIFICATIONS:
Inspect floor, firewall and occupant compartment for holes or openings that
permit exhaust gases to enter the occupant compartment.
REJECT VEHICLE IF:
Holes or openings are present in the floor, firewall or occupant compartment
that permit exhaust gases to enter the occupant compartment.
c)
FRAME, CAB AND BODY
PROCEDURES/SPECIFICATIONS:
Inspect frame, subframe, unibody and chassis cross-member assemblies.
Inspect cab and body attachments.
REJECT VEHICLE IF:
Frame, subframe, unibody or cross-member is cracked, broken, loose, sagging,
rusted through or missing.
Body bolts or brackets (to chassis) are loose, cracked, broken or missing.
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Body spacer block is missing or body is not level with chassis.
Cab or body is loose on chassis.
d)
FUEL STORAGE AND DELIVERY SYSTEM
PROCEDURES/SPECIFICATIONS:
Inspect support straps, tube clamps, fuel tank vent hoses and tubes for leaks and
secure mounting.
Inspect the fuel tank or any exhaust additive tank to make certain they are
securely attached to the vehicle.
Confirm that the fuel filler cap is present and capable of being tightened (if the
vehicle is so equipped).
REJECT VEHICLE IF:
There is fuel leakage at any point in the system.
Any part of the system is not securely fastened.
Fuel filler cap is missing, leaking or not able to be tightened (if the vehicle is so
equipped).
e)
HOOD
PROCEDURES/SPECIFICATIONS:
Open hood and inspect safety catch for proper operation. Close hood and
inspect for proper full closure.
REJECT VEHICLE IF:
Hood does not open or hood latch does not securely hold hood in its proper
fully-closed position.
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DEPARTMENT OF TRANSPORTATION
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Secondary or safety catch does not function properly.
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Section 438.APPENDIX C Horn through Seat, Driver's
a)
HORN
PROCEDURES/SPECIFICATIONS:
At least one horn shall be provided giving an audible warning at a distance of
200 feet and shall be conveniently controlled from the driver's seated position.
(See Section 12-601 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Horn control is:
Missing.
Defective.
Not audible.
Not readily accessible from the driver's seated position.
b)
LIGHTS
Light Emitting Diode (LED) lights that conform to applicable FMVSS are
acceptable. Two or more lights or reflectors may be combined if the
requirements for each light or reflector are met. However, no clearance light
shall be combined with a tail light. (See 49 CFR 571.108 - S6.3.) This
subsection provides minimal lighting requirements that must be met to pass
inspection. Additional lights that are not required by this subsection are not
subject to inspection or rejection criteria.
AGENCY NOTE: The following devices shall be excluded when measuring
the vehicle's width:
Exterior, side-mounted mirror assemblies;
Side-mounted turn signals;
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Front and rear bumpers;
Flexible fender skirts or moldings;
Side-mounted clearance lights and reflectors; and
Any other required light or device.
1)
Backup
PROCEDURES/SPECIFICATIONS:
At least one white light shall be provided. Must conform to federal
standard 49 CFR 571.108.
Exception: Vehicles manufactured prior to 1968 are exempt.
REJECT VEHICLE IF:
Backup light:
Is missing.
Does not function properly.
Is an improper color.
2)
Clearance, Front
PROCEDURES/SPECIFICATIONS:
One amber light on each side, for a total of two front clearance lights.
The lights must be located on the same level as high as practicable on
the vertical centerline to indicate the width of the vehicle.
Must conform to federal standard 49 CFR 571.108. May be combined
with sidemarker light provided the requirements for both lights are met.
Exception: Vehicles that measure less than 80 inches wide are exempt.
ILLINOIS REGISTER
2484
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Front clearance lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
3)
Clearance, Rear
PROCEDURES/SPECIFICATIONS:
One red light on each side, for a total of two rear clearance lights. The
lights must be located on the same level as high as practicable on the
vertical centerline to indicate the overall width of the vehicle.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
Rear clearance lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
4)
Identification (Cluster), Front
ILLINOIS REGISTER
2485
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
PROCEDURES/SPECIFICATIONS:
Three amber lights mounted on the vertical centerline of the vehicle.
All 3 lights must be located on the same level and as close as practicable
to the top of the vehicle. The lamp centers must be spaced not less than
6 inches or more than 12 inches apart.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
Front identification lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
5)
Identification (Cluster), Rear
PROCEDURES/SPECIFICATIONS:
Three red lights mounted on the rear vertical centerline of the vehicle.
One light must be located as close as practicable to the vehicle's vertical
centerline. One light must be located on each side with lamp centers
spaced not less than 6 inches or more than 12 inches apart. All 3 lights
must be located on the same level as close as practicable to the top of
the vehicle.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
ILLINOIS REGISTER
2486
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Rear identification lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
6)
Headlights
PROCEDURES/SPECIFICATIONS:
At least two headlights that function, at a minimum, on the low beam
setting must be located on the front of the vehicle at the same height
with an equal number at each side of the vertical centerline as far apart
as practicable.
The headlights must be located not less than 22 inches nor more than 54
inches above the road surface, measured from the center of the lamp at
curb height.
Headlights must be securely attached.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Headlights:
Are missing.
Do not function properly.
Are not in correct location.
Are not securely attached.
ILLINOIS REGISTER
2487
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
7)
License Plate
PROCEDURES/SPECIFICATIONS:
One white light located at rear license plate to illuminate the license
plate from the top or sides.
Must conform to federal standard 49 CFR 571.108. May be combined
with one of the tail lights.
REJECT VEHICLE IF:
License plate light:
Is missing.
Does not function properly.
Is not in correct location.
Is an improper color.
8)
Parking Lights
PROCEDURES/SPECIFICATIONS:
One white or amber light on each side, for a total of two front parking
lights. The lights must be located on the front of the vehicle on each
side of the vertical centerline as far apart as practicable.
The parking lights must be located between 15 to 72 inches above the
road surface, measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles 80 or more inches in overall width are exempt.
REJECT VEHICLE IF:
ILLINOIS REGISTER
2488
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Parking lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
9)
Sidemarker, Front
PROCEDURES/SPECIFICATIONS:
One amber light mounted as far to the front as practicable on each side
of the vehicle, for a total of two front sidemarker lights.
The sidemarker lights must be located not less than 15 inches above the
road surface measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Front sidemarker lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
10)
Sidemarker, Rear
PROCEDURES/SPECIFICATIONS:
ILLINOIS REGISTER
2489
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
One red light mounted as far to the rear as practicable on each side of
the vehicle, for a total of two rear sidemarker lights.
The sidemarker lights must be located not less than 15 inches above the
road surface measured from the center of the lamp at curb height.
On the rear of a trailer, the rear sidemarker lights cannot be more than
60 inches above the road surface measured from the center of the lamp
at curb height.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Rear sidemarker lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
11)
Stop
PROCEDURES/SPECIFICATIONS:
One red light on each side of the rear vertical centerline of the vehicle,
for a total of two rear stop lights. The stop lights must be located at the
same height and as far apart as practicable.
The stop lights must be located between 15 and 72 inches above the
road surface, measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
For vehicles with an overall width of less than 80 inches, a high mounted
stop light is required (may be two lights).
ILLINOIS REGISTER
2490
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Stop lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
12)
Tail
PROCEDURES/SPECIFICATIONS:
One red light on each side of the rear vertical centerline of the vehicle,
for a total of two rear tail lights. The tail lights must be located at the
same height and as far apart as practicable.
The tail lights must be located between 15 and 72 inches above the road
surface, measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Tail lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
13)
Turn Signal, Front
ILLINOIS REGISTER
2491
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
PROCEDURES/SPECIFICATIONS:
One amber light located on each side of the vertical centerline of the
vehicle, for a total of two front turn signal lights. The turn signals must
be located at the same height and as far apart as practicable.
The front turn signals must be located not less than 15 nor more than 83
inches above the road surface, measured from the center of the lamp at
curb height. The lights may be located on the fender or the cowl, if
practicable.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Front turn signal lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
14)
Turn Signal, Rear
PROCEDURES/SPECIFICATIONS:
One amber or red light located on each side of the vertical centerline of
the vehicle, for a total of two rear turn signal lights. The turn signals
must be located at the same height and as far apart as practicable.
The rear turn signals must be located on the same level between 15 and
83 inches above the road surface, measured from the center of the lamp
at curb height.
Must conform to federal standard 49 CFR 571.108.
ILLINOIS REGISTER
2492
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Rear turn signal lights:
Are missing.
Do not function properly.
Are not in correct location.
Are an improper color.
15)
Warning Hazards, Front and Rear
PROCEDURES/SPECIFICATIONS:
Operate four-way warning hazard lights to check performance of front
and rear lights.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Four-way warning hazards do not operate properly.
c)
MIRRORS
AGENCY NOTE: Driver education training vehicles must comply with the
mirror requirements in Appendix H(c).
1)
BUSES AND TRUCKS
PROCEDURES/SPECIFICATIONS:
Every bus and truck shall be equipped with two rear-vision mirrors, one at
each side, securely attached to the outside of the motor vehicle, and so
located as to reflect to the driver a view of the highway to the rear, along
both sides of the vehicle.
ILLINOIS REGISTER
2493
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Rear-vision mirrors and their replacements shall conform to, at a
minimum, the requirements of 49 CFR 571.111 in force at the time the
vehicle was manufactured.
Exception: Only one outside mirror is required, located on the driver's
side, on trucks that are so constructed that the driver has a view to the rear
by means of an interior mirror.
REJECT VEHICLE IF:
Required mirrors:
Are missing.
Are not in correct location.
Are not securely attached.
Are obstructed.
Are cracked, pitted or clouded.
Do not adjust.
2)
ALL OTHER SPECIAL VEHICLES
PROCEDURES/SPECIFICATIONS:
Exterior Rear View, Left Side
Every motor vehicle operated singly or when towing another
vehicle shall be equipped with a mirror so located as to reflect
to the driver's a view of the highway for a distance of at least
200 feet to the rear of such motor vehicle. (IVC Section 12-502)
From the seated driver's position, visually inspect the exterior
mirror on driver's side for a clear and reasonably unobstructed
view to the rear. Look for the mirror's correct location, secure
attachment and adjustability.
ILLINOIS REGISTER
2494
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Interior Rear View
From the seated driver's position, visually inspect interior mirror
for correct location, secure attachment and adjustability.
If interior rearview mirror does not provide a clear view of the
highway for a distance of at least 200 feet to the rear of the
vehicle, an exterior rearview mirror shall be located on the right
side of the vehicle.
Exterior Rear View, Right Side (Optional)
If the mirror is required, inspect the exterior mirror on
passenger's side for secure attachment, adjustability and a clear
and reasonably unobstructed view to the rear.
REJECT VEHICLE IF:
Required mirrors:
Are missing.
Are not in correct location.
Are not securely attached.
Are obstructed.
Are cracked, pitted or clouded.
Do not adjust.
d)
PEDALS (ACCELERATOR, SERVICE BRAKE, CLUTCH,
EMERGENCY/PARKING BRAKE)
PROCEDURES/SPECIFICATIONS:
Brake pedal must be covered with rigid nonslip material.
ILLINOIS REGISTER
2495
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Manufactured extensions are allowed. Brake pedal extensions must be covered
with nonslip material. Nonmanufactured pedal extensions are prohibited.
REJECT VEHICLE IF:
Brake pedal is not covered with rigid nonslip material.
Manufactured pedal extensions are not securely attached.
Pedal extensions are not from a manufacturer.
e)
REFLECTORS
Two or more lights or reflectors may be combined if the requirements for each
light or reflector are met. (See 49 CFR 571.108 - S6.3.) All reflectors must
measure at least 3 inches in diameter.
1)
Left and Right Side, Front
PROCEDURES/SPECIFICATIONS:
One amber reflector shall be located on the left and right sides of the
vehicle. The reflectors shall be no more than 12 inches from the front on
each side. The reflectors must be mounted at a height not less than 15
inches and not more than 60 inches above the surface of the road. (See
IVC Section 12-202.)
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
2)
Left and Right Side, Midpoint
PROCEDURES/SPECIFICATIONS:
ILLINOIS REGISTER
2496
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
On any vehicle more than 30 feet long, one amber reflector must also be
provided at or near midpoint between front and rear side reflectors on both
sides of the vehicle. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
3)
Left and Right Side, Rear
PROCEDURES/SPECIFICATIONS:
One red reflector shall be located on the left and right sides of the vehicle.
The reflectors shall be no more than 12 inches from the rear on each side.
The reflectors must be mounted at a height not less than 15 inches and not
more than 60 inches above the surface of the road. (See IVC Section 12202.)
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
4)
Rear
PROCEDURES/SPECIFICATIONS:
Two red reflectors on rear body within 12 inches of lower right and lower
left corners. (See IVC Section 12-202.)
Exception: Vehicles that measure less than 80 inches wide are exempt.
ILLINOIS REGISTER
2497
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
f)
SEAT, DRIVER'S
PROCEDURES/SPECIFICATIONS:
Inspect the driver's seat for proper operation of adjusting mechanism and verify
that the seat is securely anchored to the floor.
REJECT VEHICLE IF:
Adjusting mechanism for driver's seat slips out of position.
Seat is not securely anchored to the floor.
ILLINOIS REGISTER
2498
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX D Seat Belts through Suspension System
a)
SEAT BELTS
PROCEDURES/SPECIFICATIONS:
When seat belts are present, they must be securely attached and adjustable and
must function properly. Seat belts must not be cracked, broken, frayed or torn.
REJECT VEHICLE IF:
Seat belts are:
Not secured.
Not adjustable.
Cracked, broken, frayed, torn.
Do not function properly.
b)
STEERING SYSTEM
1)
GENERAL REQUIREMENTS
PROCEDURES/SPECIFICATIONS:
All steering system components must be capable of free movement.
Instruct a second person to move the steering mechanism from one
extreme position to the other while observing the movement.
Inspect all steering system components for any modification or other
condition that interferes with free movement.
REJECT VEHICLE IF:
Any modification or other condition exists that interfered with the free
movement of any steering component.
ILLINOIS REGISTER
2499
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
2)
STEERING WHEEL FREE PLAY
PROCEDURES/SPECIFICATIONS:
Steering wheel free play must be maintained within specified limits.
When testing for steering wheel free play on vehicles equipped with
power steering, the engine must be running.
Complete the following procedures to determine amount of steering
wheel free play:
Move the steering wheel one direction until movement of tires is
detected.
Make a chalk mark on the steering wheel at the 12 o'clock
position.
Move the steering wheel in the opposite direction until
movement of the tires is again detected and then make a second
chalk mark at the 12 o'clock position.
Measure the distance between the two marks to determine the
steering wheel free play, using the table below to determine if
the vehicle is within specified limit.
The steering wheel free play will be maintained in accordance with the
following table:
Steering
Wheel
Diameter
Manual Steering
System
Power Steering
System
16"
18"
20"
22"
2"
2¼"
2½"
2¾"
4½"
4¾"
5¼"
5¾"
ILLINOIS REGISTER
2500
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Steering wheel freeplay is beyond specified limits listed above.
3)
STEERING COLUMN
PROCEDURES/SPECIFICATIONS:
The steering wheel and column must be in good condition and properly
secured.
Inspect U-bolts and positioning parts for looseness or absence.
Tilt-type column must lock in at least one position.
If visible, inspect universal joints for faulty or worn condition or
obvious repair welding.
Inspect steering wheel for secure attachment.
REJECT VEHICLE IF:
Steering column has any missing or loose U-bolts or positioning
parts. Tilt-type column does not lock in at least one position.
Steering column has worn, faulty or obviously repair-welded
universal joints.
Steering wheel is not properly secured.
4)
FRONT AXLE BEAM AND ALL STEERING COMPONENTS
OTHER THAN STEERING COLUMN
PROCEDURES/SPECIFICATIONS:
Front axle beam and all steering components, other than steering
column, must be free of any cracks or any obvious welded repairs.
Inspect beam and components for any cracks.
ILLINOIS REGISTER
2501
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect beam and components for any obvious welded repairs.
REJECT VEHICLE IF:
Any cracks are present on the front axle beam or any steering
component, other than steering column.
Any obvious welded repairs on front axle beam or on any
steering component, other than steering column.
5)
BALL JOINTS
PROCEDURES/SPECIFICATIONS:
Raise vehicle to unload the ball joints (brakes should be applied to
eliminate wheel bearing looseness). Either grasp wheel at top and bottom
or use a bar for leverage. Attempt to rock wheel in and out. Check
movement at extreme top or bottom of tire.
REJECT VEHICLE IF:
Wheel bearing movement exceeds ¼ inch.
Ball joints or fasteners are damaged, loose or missing.
AGENCY NOTE: Do not confuse wheel bearing movement with ball
joint movement.
6)
KING PINS AND WHEEL BEARINGS
PROCEDURES/SPECIFICATIONS:
Raise vehicle to unload the king pins (brakes should be applied to
eliminate wheel bearing looseness). Either grasp wheel at top and bottom
or use a bar for leverage. Attempt to rock wheel in and out. Check for
movement at extreme top or bottom of tire. Measure movement.
REJECT VEHICLE IF:
ILLINOIS REGISTER
2502
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Wheel bearing movement exceeds ¼ inch.
King pin movement exceeds:
Wheel Size
(in inches)
Max. Allowed
(in inches)
16 or less
16.1 to 18
over 18
¼
⅜
½
King pins or fasteners are damaged, loose or missing.
7)
STEERING GEAR BOX
PROCEDURES/SPECIFICATIONS:
The steering gear box and mounting brackets must be free of any cracks.
All steering gear box mounting bolts must be present and securely
attached.
Inspect mounting bolts for their presence and secure attachment.
Inspect gear box and mounting brackets for any cracks.
REJECT VEHICLE IF:
Any mounting bolts are loose or missing.
Any cracks in gear box or mounting brackets.
8)
PITMAN ARM
PROCEDURES/SPECIFICATIONS:
The pitman arm on the steering gear output shaft must be securely
attached.
ILLINOIS REGISTER
2503
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect the pitman arm on the steering gear output shaft for any
looseness.
REJECT VEHICLE IF:
Pitman arm on the steering gear output shaft is loose.
9)
POWER STEERING
PROCEDURES/SPECIFICATIONS:
Inspect power steering lines and steering gear box for severe leakage (not
slight dampness) and proper fill level (i.e., manufacturer's designated
indicator line).
Inspect the power steering cylinder for secure attachment.
Inspect the auxiliary power assist cylinder for any looseness.
REJECT VEHICLE IF:
Power steering fluid leaks severely (not slight dampness) or fluid level
does not meet indicator line.
Power steering cylinder is not securely attached.
Auxiliary power assist cylinder is loose.
10)
TIE ROD ENDS, DRAG LINK ENDS, STEERING DAMPER AND
IDLER ARMS
PROCEDURES/SPECIFICATIONS:
All clamps, bolts and threaded joints of tie rod and drag links must be
securely tightened.
While the vehicle is on the ground (not jacked up) inspect the tie rod
ends, drag link ends, steering damper and idler arms while a second
person moves the steering wheel from side to side.
ILLINOIS REGISTER
2504
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect clamps and clamp bolts for loose condition.
Inspect all threaded joints for loose condition.
Inspect ball and socket joints for movement.
REJECT VEHICLE IF:
Loose clamps or clamp bolts are not present.
Any threaded joint is loose.
Any movement under steering load of a ball and socket joint (i.e.,
tie rod ends and drag link ends). Any motion, other than
rotational, between any linkage member and its attachment point of
more than ¼ inch.
11)
NUTS
PROCEDURES/SPECIFICATIONS:
All component nuts must be properly located on the tie rods, pitman
arm, drag link, steering arm or tie rod arm and must be securely
tightened.
Inspect nuts on tie rods, pitman arm, drag link, steering arm and tie rod
arm for their presence and secure attachment.
REJECT VEHICLE IF:
Nuts are loose or missing on tie rods, pitman arm, drag link, steering
arm or tie rod arm.
12)
TOE-IN/TOE-OUT
PROCEDURES/SPECIFICATIONS:
ILLINOIS REGISTER
2505
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
AGENCY NOTE: Vehicles with an independent suspension on the
front axle should not be driven over the wheel alignment indicator
immediately after the front end has been raised. A false reading may
occur if the vehicle front end is lowered and then within a few feet
driven across the alignment indicator. The front wheels will not have
had sufficient distance to resume their normal tracking. The vehicle
should either be raised after crossing the wheel alignment indicator or
should be backed up 10 feet or more before being driven forward across
the indicator.
With wheels held in a straight ahead position, drive vehicle slowly over
the approved drive-on side slip indicator (i.e., wheel alignment
indicator).
Excessive toe-in or toe-out is a general indication that a complete check
should be made of all front wheel alignment factors (caster, camber,
steering axis inclination).
REJECT VEHICLE IF:
More than 30 feet per mile on the approved side slip indicator.
c)
SUSPENSION SYSTEM
1)
SHOCK ABSORBERS AND STRUTS
PROCEDURES/SPECIFICATIONS:
If vehicle is equipped, inspect the following components:
Shock absorbers;
Struts;
Mounts;
Mounting bolts; and
Rubber bushings.
ILLINOIS REGISTER
2506
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Shocks or struts are missing, broken or have severe leakage (not slight
dampness) (if vehicle is so equipped).
Mounts or mounting bolts are broken or loose.
Rubber bushing is partially or completely missing.
2)
SPRINGS
A)
Coil
PROCEDURES/SPECIFICATIONS:
Visually inspect:
Spring;
Control arms; and
Torque arms.
REJECT VEHICLE IF:
Coil is:
Missing.
Disconnected.
Broken.
Has loose bushings.
Is welded.
Is damaged.
ILLINOIS REGISTER
2507
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
B)
Leaf
PROCEDURES/SPECIFICATIONS:
With the vehicle on the ground (not jacked up), instruct a second
person to rock the steering wheel and observe the side to side
movement of the leaf spring, shackles and bushings from under
the vehicle's hood.
The front of the vehicle must be jacked up on chassis for
checking front suspension. With the use of a pry bar and using
frame as a pivot, attempt to pry front and rear spring attachments
and check for movement.
Inspect the following:
Bushings or pivot;
Center bolts;
Hangers;
Shackles;
Springs; and
U-bolts.
REJECT VEHICLE IF:
Springs are missing or broken (i.e., up and down movement is
found).
Shackles or U-bolts are worn or loose.
Center bolt in springs are sheared or broken.
Steering stops allow tire to rub on frame or metal.
ILLINOIS REGISTER
2508
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Any leaves are cracked or missing.
Any shackle, shackle pins, hangers or U-bolts are worn, loose or
missing.
C)
Torsion Bar
PROCEDURES/SPECIFICATIONS:
If vehicle is so equipped, visually inspect:
Torsion bar (includes bushings);
Mounting brackets;
Control arm;
Torque arm; and
Stabilizer bars.
REJECT VEHICLE IF:
Components are:
Missing.
Disconnected.
Broken.
Loose.
Welded.
Damaged.
Bushings are worn or missing.
ILLINOIS REGISTER
2509
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
D)
Air Suspension
PROCEDURES/SPECIFICATIONS:
Visually inspect:
Air bag/bellows;
Mountings;
Air lines; and
Leveling devices.
REJECT VEHICLE IF:
Air leaks are present.
Air bag/bellows are not properly inflated.
Vehicle is resting on one or both axles.
Vehicle is not level (tilting to either side).
Air bag/bellow belting is exposed.
Air lines are excessively worn.
Mountings are loose.
AGENCY NOTE: Pressure regulator valve should not allow air into the system until at
least 55 p.s.i. is in braking system.
ILLINOIS REGISTER
2510
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX E Tires through Wiring System
a)
TIRES
1)
Tires on Any Steering Axle of a Power Unit
PROCEDURES/SPECIFICATIONS:
All tires on any steering axle of a power unit must be in good condition
and used correctly. There must be at least 4/32 inch tread depth without
any mixing of tire construction on the same axle. Buses must not be
equipped with recapped or retreaded tires on any steering axle.
The following procedures apply only to tires found on any steering axle
of a power unit:
Measure the tread depth at any point on a major tread groove for
at least 4/32 inch tread.
Inspect tread or sidewall for exposed body ply or belt material.
Inspect tread or sidewall for separation.
Inspect tire for cuts that expose ply or belt material.
Inspect tire for the label "Not For Highway Use" or any other
marking that would exclude its use on a steering axle.
Inspect tire to determine if it is a "tube-type radial". If it is, it
must have "radial tube stem" markings. These markings include
a red band around the tube stem, the word "radial" embossed in
metal stems, or the word "radial" molded in rubber stems.
Inspect for any mixing of bias and radial tires on the same axle.
Inspect for tire flap that protrudes through the valve slot in rim
and touches the stem.
Inspect for regrooved tires.
ILLINOIS REGISTER
2511
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect tire for boot, blowout patch or other ply repair.
Inspect tire load limit to determine if weight carried exceeds
limit. This includes overloaded tire resulting from low air
pressure.
Inspect tire for flat condition or noticeable leak (i.e., can be
heard or felt).
Inspect buses for recapped or retreaded tires on steering axle.
Inspect tires to determine if they are so mounted or inflated that
they come in contact with any part of the vehicle.
REJECT VEHICLE IF:
The following criteria apply only to tires found on any steering axle of a
power unit:
Any tire with less than 4/32 inch tread when measured at any
point on a major tread groove.
Any tire that has body ply or belt material exposed through the
tread or sidewall.
Any tire that has any tread or sidewall separation.
Any tire that has a cut where the ply or belt material is exposed.
Any tire that is labeled "Not for Highway Use" or displaying
other marking which would exclude its use on a steering axle.
Any tire with a tube-type radial tire without radial tube stem
markings. These markings include a red band around the tube
stem, the word "radial" embossed in metal stems, or the word
"radial" molded in rubber stems.
Any tire has bias and radial tires mixed on the same axle.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Any tire where the tire flap protrudes through the valve slot in
the rim and touches the stems.
Any tire that has been regrooved on the steering axle.
Any tire with a boot, blowout patch or other ply repair.
Any tire in which the weight carried exceeds tire load limit.
This includes overloaded tires resulting from low air pressure.
Any tire that is flat or has a noticeable leak (i.e., can be heard or
felt).
Any tire on the steering axle of a bus that is recapped or
retreaded.
Any tire that is so mounted or inflated that it comes in contact
with any part of the vehicle.
2)
All Tires Other Than Those Found on the Steering Axle of a Power Unit
PROCEDURES/SPECIFICATIONS:
All tires other than those found on the steering axle of a power unit must
have at least 2/32 inch tread depth, be in good condition and be used
correctly.
The following procedures apply to all tires other than those found on the
steering axle of a power unit:
Inspect tire load limit to determine if weight carried exceeds
limit. This includes overloaded tire resulting from low air
pressure or tires of unequal size on the same side of the axle.
Inspect tire for flat condition or noticeable leak (i.e., can be
heard or felt).
Inspect tread or sidewall for exposed body ply or belt material.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect tread or sidewall for separation.
Inspect tire for cuts that expose ply or belt material.
Inspect tires to determine if they are so mounted or inflated that
they come in contact with any part of the vehicle, including a tire
that contacts its mate.
Inspect tire for the marking "Not For Highway Use" or other
marking having like meaning.
Measure tread depth at any point on a major tread groove for at
least 2/32 inch tread.
REJECT VEHICLE IF:
The following criteria applies to all tires other than those found on the
steering axle of a power unit:
Any tire in which the weight carried exceeds tire load limit.
This includes overloaded tires resulting from low air pressure or
tires of unequal size on the same side of the axle.
Any tire that is flat or has a noticeable leak (i.e., can be heard or
felt).
Any tire that has body ply or belt material exposed through the
tread of sidewall.
Any tire that has tread or sidewall separation.
Any tire that has a cut where the ply or belt material is exposed.
Any tire that is so mounted or inflated that it comes in contact
with any part of the vehicle, including any tire that contacts its
mate.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Any tire is marked "Not For Highway Use" or has other
markings with like meaning.
Any tire with less than 2/32 inch tread when measured at any
point on a major tread groove.
b)
WARNING DEVICES
PROCEDURES/SPECIFICATIONS:
Warning devices shall consist of (at a minimum):
3 liquid-burning flares or 3 red electric lanterns or 3 portable red
emergency reflectors that meet FMVSS 125.
3 red burning 15 minute fusees. (If red electric lanterns or portable
red reflectors are used to meet the requirements of the above
paragraph, fusees are not required.)
2 red cloth flags or 2 portable red emergency reflectors that
conform to FMVSS 125 (in addition to the emergency reflectors
optioned in the first paragraph above). (See IVC Section 12702(a).)
REJECT VEHICLE IF:
Warning devices are missing.
Warning device kit is not complete.
c)
WHEELS AND RIMS
1)
Housings
PROCEDURES/SPECIFICATIONS:
Full open type attached to floor sheet to prevent water, fumes or dust
from entering the body. Inspect wheel housing. Housing must not
come in contact with any portion of the wheel or tire.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect tire and road wheel assemblies.
REJECT VEHICLE IF:
Wheel housing contacts any portion of wheel or tire.
Wheel housings are not securely attached.
Holes are present.
A tire or wheel is rubbing against any portion of the suspension, chassis
or body.
2)
Lock or Side Ring
PROCEDURES/SPECIFICATIONS:
All lock and side rings must be in good condition, properly seated and
matched correctly with other parts of the wheel and rim.
AGENCY NOTE: Caution must be taken around any lock ring
damaged or not properly installed, as they can dislodge and cause
injury.
Inspect lock or side rings for bent, broken, cracked or sprung
condition.
Inspect lock or side rings for proper seating.
Inspect lock or side rings to determine if they are matched
correctly with other wheel and rim parts.
REJECT VEHICLE IF:
Lock or side rings are bent, broken, cracked or sprung.
Improperly seated lock or side rings are present.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Lock or side rings are mismatched.
3)
Wheels and Rims
PROCEDURES/SPECIFICATIONS:
All wheels and rims must be in good condition, with no elongated bolt
holes.
Inspect wheels and rims for cracked or broken condition.
Inspect wheels and rims for elongated bolt holes.
REJECT VEHICLE IF:
Wheels or rims are cracked or broken.
Elongated bolt holes are present.
4)
Fasteners (both Spoke and Disc Wheels)
PROCEDURES/SPECIFICATIONS:
All fasteners (both spoke and disc wheels) must be present, securely
tightened, in good condition and effective.
Inspect all fasteners for their presence and secure tightness.
Inspect all fasteners for broken, cracked, stripped or any other
ineffective condition.
REJECT VEHICLE IF:
Any missing or loose fasteners.
Any cracked, broken, stripped or otherwise ineffective fasteners.
5)
Welds
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
PROCEDURES/SPECIFICATIONS:
All wheels and rims must be free of cracked welds and any improperly
welded repairs.
Inspect any welds attaching disc wheel disc to rim.
Inspect any welds attaching tubeless demountable rim to adapter.
Inspect for welded repairs to any aluminum wheels on steering
axles.
Inspect any steel disc wheels mounted on the steering axle for
any welded repair other than disc to rim attachment.
REJECT VEHICLE IF:
Any cracks in welds attaching disc wheel disc to rim.
Any cracks in welds attaching tubeless demountable rim to
adapter.
Any welded repair to aluminum wheels on a steering axle.
Any welded repair other than disc to rim attachment to steel disc
wheels mounted on the steering axle.
d)
WINDOWS OTHER THAN WINDSHIELD
PROCEDURES/SPECIFICATIONS:
Safety glazing is required in any opening where vehicle manufacturer installed
glazing.
REJECT VEHICLE IF:
Glazing is missing (if vehicle is so equipped).
e)
WINDSHIELD
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
PROCEDURES/SPECIFICATIONS:
NOT INCLUDING A TWO INCH BORDER AT THE TOP, A 1 INCH
BORDER AT EACH SIDE AND THE AREA BELOW THE TOPMOST
PORTION OF THE STEERING WHEEL, THE FOLLOWING
PROCEDURES APPLY:
Inspect windshield glazing for any discoloration.
Exception: Any coloring or tinting applied at time of manufacture is
acceptable.
Inspect windshield glazing for any cracks.
Exception: A crack that measures less than ¼ inch wide and is not
intersected by any other crack is acceptable.
Inspect windshield glazing for any damaged area.
Exception: A damaged area that measures no more than ¾ inch in
diameter and is no closer than 3 inches to any other damaged area is
acceptable.
Inspect windshield glazing for any vision reducing matter such as labels,
stickers, decalcomania, etc.
Exception: Stickers required by law may be affixed at the bottom or sides
of the windshield provided they do not extend upward more than 4½
inches from the bottom of the windshield and are located outside the
driver's sight lines to the road and highway signs or signals.
REJECT VEHICLE IF:
Any discoloration of the windshield glazing exists (see exception listed
above).
Any cracks exist on the windshield glazing (see exception listed above).
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Any damaged areas exist on the windshield glazing (see exception listed
above).
Any vision reducing matter such as labels, stickers, decalcomania, etc.
located on the windshield glazing (see exception listed above).
f)
WINDSHIELD WASHER
PROCEDURES/SPECIFICATIONS:
Windshield washer fluid must effectively clean entire area covered by both
wipers.
REJECT VEHICLE IF:
Windshield washer fluid does not effectively clean entire area.
g)
WINDSHIELD WIPERS
PROCEDURES/SPECIFICATIONS:
Wipers must be operable. Inspect metal parts of wiper blade or arm.
REJECT VEHICLE IF:
Windshield wipers do not cover entire cleaning area.
Blades are damaged, torn or hardened.
Rubber wiping element has broken down.
Metal parts of blade or arm are missing, severely damaged or contact glazing.
h)
WIRING SYSTEM
PROCEDURES/SPECIFICATIONS:
Inspect the wires, supports and connections in the wiring system.
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Wiring is frayed.
Wiring contacts any moving part of the vehicle.
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ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX F Special Requirements for Buses (Vehicles Manufactured to
Transport 11 or More Passengers, Including the Driver)
a)
b)
The requirements of this Appendix apply to the following types of buses listed
in subsections (a)(1) through (a)(5). Any bus that is not listed in subsections
(a)(1) through (a)(5) will be inspected according to either 92 Ill. Adm. Code
441, 443 and 445 (Inspection Procedures for School Buses); 92 Ill. Adm. Code
436 (Inspection Procedures for MFSABs that are manufactured on or after July
1, 2012 and that are owned or operated by or for schools K-12) or the appendix
G Inspection Manual (49 CFR 399.appendix G).
1)
Buses designed to transport 11-15 persons, including the driver;
2)
Buses registered as charitable vehicles (except motorcoach-style buses
and MFSABs that are manufactured on or after July 1, 2012 and that are
owned or operated by or for schools K-12);
3)
MFSABs manufactured prior to July 1, 2012 and owned or operated by
a public or private school (K-12);
4)
Religious organization buses (except motorcoach-style buses and
MFSABs that are manufactured on or after July 1, 2012 and that are
owned or operated by or for schools K-12); and
5)
Senior citizen transport vehicles designed to transport 11-15 persons,
including the driver.
In addition to Appendix A through Appendix E of this Part, buses listed in
subsection (a) shall comply with the following:
1)
EMERGENCY EXITS
A)
IDENTIFICATION, INTERIOR
PROCEDURES/SPECIFICATIONS:
If the bus has a GVWR of more than 10,000 lbs., all exits that
are labeled either "Emergency Door" or "Emergency Exit" are
required to be marked with concise operating instructions
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
describing each motion necessary to unlatch and open the exit.
These operating instructions must be located within 6 inches of
the release mechanism. (See 49 CFR 571.217 (S5.5.1).)
When a release mechanism is not located within an occupant space
of an adjacent seat, a label shall be place within the occupant space
that indicates the location of the nearest release mechanism. (See
49 CFR 571.217 (S5.5.1).)
Buses with a GVWR of 10,000 lbs. or less are exempt from
emergency exit labels and operating instructions. (See 49 CFR
571.217 (S5.5.1).)
If the bus is equipped with an emergency release handle for the
service entrance door, concise operating instructions must be
present within 6 inches (16 cm) of the release mechanism.
REJECT VEHICLE IF:
Emergency exits are not properly identified.
B)
ALARMS AND LOCKS
PROCEDURES/SPECIFICATIONS:
If the bus is equipped with an emergency door lock, e.g., vandal
lock, the bus must be equipped with the following:
The engine starting system shall not operate while any
emergency exit door is locked from either inside or outside
the bus. An alarm cut-off or "squelch" control is
prohibited.
An audible alarm shall alert the driver when the engine is
running and any emergency exit door is locked.
Exception: Buses with a GVWR of 10,000 lbs. or less are
manufactured so that vandal locks are not necessary (i.e., the
locking and unlocking of the vehicle's doors are controlled from
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
the interior of the vehicle). However, if any bus is equipped with a
vandal lock, the provisions of subsections (b)(1)(B)(i) and (ii) will
apply.
REJECT VEHICLE IF:
Bus is not equipped with an alarm when the emergency door is
locked. Bus' engine starts while emergency door is locked.
C)
OBSTRUCTIONS
PROCEDURES/SPECIFICATIONS:
Emergency exits must maintain an opening of at least 19" high by
13" wide.
REJECT VEHICLE IF:
Emergency exits are obstructed.
D)
PROPER OPERATION
PROCEDURES/SPECIFICATIONS:
Operate emergency exit doors and windows.
REJECT VEHICLE IF:
Emergency exit door or window does not readily open and close.
2)
FIRE EXTINGUISHER
PROCEDURES/SPECIFICATIONS:
Buses must be equipped with a fully charged fire extinguisher with a
minimum rating of 10BC. The fire extinguisher must be mounted in
bracket and readily accessible to the driver.
REJECT VEHICLE IF:
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Fire extinguisher:
Is missing.
Does not meet the minimum rating of 10BC;
Is not fully charged.
Is not mounted in a bracket.
Is not readily accessible to the driver.
3)
LETTERING (EXTERIOR AND INTERIOR)
PROCEDURES/SPECIFICATIONS:
No bus inspected under this Section can display the words
"SCHOOL BUS" at any location on the bus.
MFSABs that are owned or operated by or for public school
districts, private schools or school transportation contractors (K12) are subject to the following:
The MFSAB's weight and maximum passenger capacity
recommended by the manufacturer shall be painted on the
exterior of the body to the left of the service door in letters
at least 2 inches high.
The name of the owner or the entity for which the MFSAB
is operated, or both, shall be painted in a contrasting color
on both sides, centered as high as practicable below the
window line, in letters at least 4 inches high on the exterior
of the body.
An identification number shall be painted as high as
practicable on both the front and rear exterior surface of the
MFSAB in letters at least 4 inches high.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
"NO STANDEES" is required on the interior bulkhead
above the windshield in letters at least 2 inches high.
MFSABs will also be required to display the decal "TO
COMMENT ON MY DRIVING CALL" or "TO REPORT
ERRATIC DRIVING CALL", followed by the area code and
phone number of the MFSAB owner. The decal must be white
with black lettering and black numerals that measure one inch
high. The decal shall be located on the rear window glazing below
the rear seat back, on the MFSAB body below the rear window
line, or on the rear bumper. The decal must be visible to the
motoring public from the rear of the bus and cannot obstruct any
required lettering or numerals. The decal cannot be located on any
emergency door glazing or any emergency window glazing.
Magnetic signs are prohibited.
Exception: If an MFSAB is being presented for inspection by a
dealer or a manufacturer prior to delivery to the owner, the "TO
COMMENT ON MY DRIVING CALL" or "TO REPORT
ERRATIC DRIVING CALL" decal is optional. (If the decal is not
present when the MFSAB is purchased, the decal must be applied
by the MFSAB owner.)
Decals may be used instead of painting.
REJECT VEHICLE IF:
"SCHOOL BUS" is displayed at any location on the bus.
Required lettering is not present.
Required lettering is not painted on or is not displayed in decals.
4)
LIGHTS AND LENSES
PROCEDURES/SPECIFICATIONS:
Inspect the bus for the presence of the following prohibited
lights or lenses:
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Functioning strobe light (not required to be removed).
Yellow and/or red alternately flashing warning lights.
Red lenses on the front of the bus.
PROCEDURES/SPECIFICATIONS:
Inspect religious organization buses for the presence of an
optional 4-light unison flashing amber signal system.
Two lights at the front and two at the rear of the bus may
be mounted as high and as widely spaced laterally on the
same level as is practicable.
Each light must be a sealed beam at least 5 1/2” in
diameter and have sufficient intensity to be visible at 500
feet in normal sunlight.
The system shall be actuated only by means of a manual
switch.
There shall be a device for indicating to the driver that
the system is operating properly or is inoperative.
REJECT VEHICLE IF:
Religious organization buses’ warning lights, if installed:
Are not amber in color.
Do not operate in unison.
Do not meet size, type, or location requirements.
Device for indicating to the driver that the system is operating properly
is not present or is inoperative.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
5)
SEATS, PASSENGER AND DRIVER
PROCEDURES/SPECIFICATIONS:
Inspect the driver's seat for proper operation of adjusting mechanism
and to see that it is securely anchored to floor.
Inspect each passenger seat to make sure it is securely anchored to the
floor.
REJECT VEHICLE IF:
Driver's seat does not adjust.
Seats are not securely anchored to floor.
6)
STEPS AND FLOOR COVERING
PROCEDURES/SPECIFICATIONS
If a center aisle is present, the entrance steps and aisle must be free of
rips and holes.
REJECT VEHICLE IF:
A center aisle is present and the entrance steps or aisle floor covering is
ripped, torn or has holes.
7)
STOP SIGNAL ARM PANEL AND NATIONAL SCHOOL BUS
GLOSSY YELLOW: PROHIBITED ITEMS
PROCEDURES/SPECIFICATIONS:
Inspect the bus for the presence of the following prohibited items:
Stop signal arm panel; and
Paint that resembles national school bus glossy yellow.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Stop signal arm panel or paint that resembles national school bus glossy
yellow is present on the bus.
8)
WHEELCHAIR LIFT, RAMP, SECUREMENT ANCHORAGES AND
DEVICES
PROCEDURES/SPECIFICATIONS
If the bus is equipped with an operating lift or ramp, wheelchair
securement anchorages and wheelchair securement devices must be
present.
REJECT VEHICLE IF:
Vehicle is equipped with an operating lift or ramp but wheelchair
securement anchorages or securement devices are missing.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX G Special Requirements for Contract Carriers, First Division
Vehicles Used to Transport School Children (K-12) and Limousines
Follow the procedures listed in Appendix A through Appendix E.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX H Special Requirements for Driver Education Training
Vehicles
a)
Driver education training vehicles are either used by public high schools or
commercial driver training schools. The requirements and procedures are
somewhat different for each. The Certified Safety Tester must establish which
type driver education training vehicle is being inspected.
b)
Driver education vehicles operated by public high schools are required to be
inspected at Illinois Official Testing Stations at least every 12 months. (If the
vehicle passes inspection, an annual certificate of safety will be awarded and shall
be displayed.) The inspection is only required for vehicles over 5 model years of
age or those having an odometer reading of over 75,000 miles, whichever occurs
first.
c)
Driver education training vehicles, including motorcycles, operated by
commercial driver training schools are required to be inspected every six months.
(The over 75,000 miles or over 5 model years' requirement does not apply.)
d)
In addition to Appendix A through Appendix E, all driver education training
vehicles shall comply with either subsection (d)(1) or subsection (d)(2).
1)
DRIVER EDUCATION TRAINING VEHICLES OPERATED BY
COMMERCIAL DRIVER TRAINING SCHOOLS
A)
DUAL CONTROL SERVICE BRAKES
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles must be equipped with dual
control service brakes. Test the dual brake system in accordance
with procedures under Brake Systems in Appendix A. Test the
dual brake pedal for operation.
Exception: Motorcycles and vehicles that require the driver to
obtain a Commercial Driver's License (CDL) are exempt.
REJECT VEHICLE IF:
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
The vehicle is not equipped, if required, with a dual braking
system or the dual system is inoperative.
The dual brake system does not meet the requirements of
Brake Systems in Appendix A.
The dual brake pedal does not function properly.
B)
MIRRORS, EXTERIOR
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles must be equipped with a
mirror located on each side of the vehicle. The mirrors must
reflect to the driver a view of the highway for a distance of at least
200 feet to the rear.
REJECT VEHICLE IF:
Mirrors are not mounted on stable supports.
Mirrors are loosely mounted.
Mirror or mirrors are obstructed.
Mirror or mirrors are cracked, pitted or clouded.
Mirror or mirrors are missing.
C)
IDENTIFICATION SIGN OR SIGNS
PROCEDURES/SPECIFICATIONS:
Driver education training vehicles operated by commercial driver
training schools must be equipped with a sign or signs visible from
the front and the rear in letters no less than 2 inches tall listing the
full name of the driver training school that has registered and
insured the motor vehicle. Decals and magnets are acceptable.
(See IVC Section 6-410.)
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Exception: Motorcycles and vehicles that require the driver to
obtain a CDL are exempt.
REJECT VEHICLE IF:
Identification sign, if required, is missing.
Sign is not visible from the front and the rear of the vehicle.
Sign does not meet size or lettering requirements.
D)
MOTORCYCLES USED BY A COMMERCIAL DRIVER
TRAINING SCHOOL
i)
BRAKES
PROCEDURES/SPECIFICATIONS:
Visually inspect braking system for leaks.
Apply front and/or rear brakes and attempt to roll
vehicle.
AGENCY NOTE: Section 12-301(a)(2) of the Illinois
Vehicle Equipment Law requires every motor-driven
cycle, when operated upon a highway, to be equipped
with at least one brake that may be operated by hand or
foot.
REJECT VEHICLE IF:
Brake system leaks.
Vehicle rolls while brakes are being applied.
ii)
CONTROL LEVERS
PROCEDURES/SPECIFICATIONS:
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Operate control levers to verify they are functioning
properly and are in working condition.
REJECT VEHICLE IF:
Control levers do not function properly or are not in
working condition.
iii)
FRAME
PROCEDURES/SPECIFICATIONS:
Inspect frame for cracks.
REJECT VEHICLE IF:
Frame is cracked.
iv)
FUEL SYSTEM
PROCEDURES/SPECIFICATIONS:
Inspect fuel system for leaks.
REJECT VEHICLE IF:
Fuel system leaks.
v)
HORN
PROCEDURES/SPECIFICATIONS:
A horn shall be provided giving an audible warning at a
distance of 200 feet and shall be conveniently controlled
from the driver's seated position. (See Section 12-601 of
the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Horn control is missing or defective.
Horn is not audible.
vi)
LIGHTS
PROCEDURES/SPECIFICATIONS:
Inspect the required headlight and rear tail light. Inspect
the optional rear stop/brake light and turn signals (front
and rear), if the motorcycle is so equipped. (See Sections
12-201 and 12-208 of the Illinois Vehicle Equipment
Law.)
REJECT VEHICLE IF:
Lights do not function properly (includes optional lights).
Lenses are cracked or broken (included optional lights).
Headlight color is not white; rear tail light color is not
red.
Stop/brake light and/or rear turn signal lights are not red,
if motorcycle is so equipped.
Front turn signals are not amber, if vehicle is so
equipped.
vii)
STEERING HEAD BEARINGS
PROCEDURES/SPECIFICATIONS:
Apply front brake, if vehicle is so equipped, and turn
handle bars left to right to inspect for looseness in the
head bearing assembly.
REJECT VEHICLE IF:
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Bearings on the vehicle bind when the handle bars are
turned.
Head bearing assembly is loose.
viii)
SUSPENSION
PROCEDURES/SPECIFICATIONS:
Inspect the suspension for broken or loose components.
REJECT VEHICLE IF:
Suspension components are broken, loose or do not
function properly.
ix)
SWITCHES
PROCEDURES/SPECIFICATIONS:
Inspect the headlamp and key switches.
REJECT VEHICLE IF:
Wiring to switches is frayed or switches do not function.
x)
TIRES
PROCEDURES/SPECIFICATIONS:
Inspect tire for proper inflation (i.e., flat tire).
Inspect for visible cord damage and exposure of ply cords
in sidewalls and treads, including belting material cords.
Inspect for evidence of tread or sidewall separation.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect tire for the label "Not For Highway Use" or any
other markings that would exclude its use on a
motorcycle.
Inspect tire to determine if it is a "tube-type radial". If it
is, it must have "radial tube stem" markings. These
markings include a red band around the tube stem, the
word "radial" embossed in metal stems, or the word
"radial" molded in rubber stems.
Measure the tread depth on the front and rear tires for at
least 1/32 inch tread.
REJECT VEHICLE IF:
Improper inflation (flat tire).
A broken or cut cord can be seen. Rubber is worn, cracked,
cut or otherwise deteriorated or damaged so that a cord can
be seen, either when the tire is not touched or when the
edges of the crack, cut or damage are parted or lifted by
hand.
Tire has bump, bulge, knot or other evidence of partial
carcass failure, air seepage or loss of adhesion between
carcass and tread or sidewall.
Any tire that is labeled "Not for Highway Use" or
displaying other markings that would exclude its use on a
motorcycle.
Any tire with a tube-type radial tire without radial tube
stem markings. These markings include a red band
around the tube stem, the word "radial" embossed in
metal stems, or the word "radial" molded in rubber
stems.
Tread depth measures less than 1/32 inch on either front
or rear tire.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
xi)
WHEELS AND SPOKES
PROCEDURES/SPECIFICATIONS:
Inspect the vehicle's wheels and spokes for cracked,
loose, broken or missing components.
REJECT VEHICLE IF:
Wheels or spokes are cracked, broken, loose or missing.
2)
DRIVER EDUCATION TRAINING VEHICLES OPERATED BY
PUBLIC HIGH SCHOOLS
A)
PROOF OF OWNERSHIP FOR CARS OWNED OR
OPERATED BY PUBLIC HIGH SCHOOLS
PROCEDURES/SPECIFICATIONS:
Driver education cars that are owned or operated by a public high
school will not be issued a registration card from the Secretary of
State's Office (SOS). SOS validates the Driver Education License
Plates Request/Renewal Form (the Form) and returns the Form to
the school district. The vehicle's Vehicle Identification Number
(VIN) is not provided on the Form.
Accept an SOS validated and completed copy of the Driver
Education License Plates Request/Renewal Form as proof of
ownership for driver education cars owned or operated by public
high schools. These vehicles will also be exempt from having the
VIN documented on the proof of ownership.
AGENCY NOTE: Driver education cars owned by commercial
driver training schools are not exempt from any proof of
ownership requirements.
REJECT VEHICLE IF:
ILLINOIS REGISTER
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16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Driver does not present an SOS validated and completed copy of
the Driver Education License Plates Request/Renewal form.
B)
DUAL CONTROL SERVICE BRAKES
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles (except motorcycles) must be
equipped with dual control service brakes. Test the dual brake
system in accordance with Brake Systems in Appendix A.
REJECT VEHICLE IF:
The vehicle is not equipped with a dual braking system or if the
dual system is inoperative.
The dual brake system does not meet the requirements of Brake
Systems in Appendix A.
C)
MIRRORS, EXTERIOR
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles must be equipped with a
mirror located on each side of the vehicle. The mirrors must
reflect to the driver a view of the highway for a distance of at least
200 feet to the rear.
REJECT VEHICLE IF:
Mirrors are not mounted on stable supports.
Mirrors are loosely mounted.
Mirror or mirrors are obstructed.
Mirror or mirrors are cracked, pitted or clouded.
Mirror or mirrors are missing.
ILLINOIS REGISTER
2539
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
D)
IDENTIFICATION SIGN OR SIGNS
PROCEDURES/SPECIFICATIONS:
Driver education training vehicles operated by public high schools
must be equipped with a sign or signs that are visible from the
front and the rear identifying the vehicle as a driver education
vehicle. Decals or magnets are acceptable. (See IVC Section 13101.)
REJECT VEHICLE IF:
Identification sign is missing.
Sign is not visible from the front and the rear of the vehicle.
ILLINOIS REGISTER
2540
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX I Special Requirements for Medical Transport Vehicles
(Ambulances, Medical Carriers and Rescue Vehicles)
In addition to Appendix A through Appendix E, all medical transport vehicles shall comply
with the following:
a)
AMBULANCE REQUIREMENTS
1)
REGISTRATION
PROCEDURES/ SPECIFICATIONS
Each ambulance shall display special ambulance registration plates.
Illinois
0 000 00
AMBULANCE
Check registration plates on ambulance.
REJECT VEHICLE IF:
Ambulance does not display ambulance license plates.
2)
LIGHTS AND LAMPS
PROCEDURES/ SPECIFICATIONS
Each ambulance must be equipped with at least one light that emits a
bright oscillating, rotating or flashing red beam, directed in part to the
front of the vehicle, and visible from at least 500 feet in normal sunlight.
Inspect ambulance for required light.
REJECT VEHICLE IF:
Required light is absent or not in working condition.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
3)
SIREN
PROCEDURES/ SPECIFICATIONS
Each ambulance must be equipped with a loud siren producing an
audible signal of an intensity of 100 decibels at a distance of 50 feet
from the siren.
Check ambulance for required siren.
REJECT VEHICLE IF:
Required siren is absent or not in working condition.
b)
MEDICAL CARRIER REQUIREMENTS
1)
SIREN, WHISTLE OR BELL
PROCEDURES/ SPECIFICATIONS
Medical carriers are prohibited from having a siren, whistle or bell.
REJECT VEHICLE IF:
A siren, whistle or bell is present (does not include back-up alarm).
2)
LIGHTS AND LAMPS
PROCEDURES/ SPECIFICATIONS
Lights and Lamps
A medical carrier may have a yellow (amber) oscillating,
rotating or flashing light.
Inspect medical carrier for oscillating, rotating or flashing lights
on top of the vehicle.
Turn Signals
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
All turn signals may flash simultaneously on both sides to
indicate the presence of a vehicular traffic hazard that requires
unusual care in approaching, overtaking or passing.
Auxiliary Turn Signals
A medical carrier may have auxiliary turn signals on the roof, or
lower, if those signals are at the same height on each side. Front
turn signals shall be yellow or white. Rear turn signals shall be
either yellow or red. Auxiliary turn signals shall be actuated
only by the same control that actuates the regular, or standard,
turn signals.
Auxiliary (top) and standard (bottom) turn signals may
alternately flash top and bottom, but not alternately right and
left. Any auxiliary turn signals shall be actuated by the same
control that causes the regular, or standard, turn signals to flash
simultaneously on both sides as a vehicular hazard signal.
REJECT VEHICLE IF:
An oscillating, rotating or flashing light is not yellow.
Any turn signal is at wrong height, or any turn signal is wrong color, or
all turn signals do not operate from same control.
Lights flash alternately right and left, or any upper or lower pairs of turn
signals do not flash simultaneously or all turn signals are not actuated
by the same "hazard" control.
3)
WHEELCHAIR LIFT, RAMP, SECUREMENT ANCHORAGES AND
DEVICES
PROCEDURES/SPECIFICATIONS
If the vehicle is equipped with an operating lift or ramp, wheelchair
securement anchorages and wheelchair securement devices must be
present.
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Vehicle is equipped with an operating lift or ramp but wheelchair
securement anchorages or securement devices are missing.
c)
RESCUE VEHICLE REQUIREMENTS
1)
SIREN
PROCEDURES/SPECIFICATIONS
Rescue vehicles must have a loud siren producing an audible signal of
an intensity of 100 decibels at a distance of 50 feet from the siren.
Inspect rescue vehicle for required siren.
REJECT VEHICLE IF:
Required siren is absent or not in working condition.
2)
LIGHTS AND LAMPS
PROCEDURES/SPECIFICATIONS
Rescue vehicles must have at least one light that emits a bright oscillating,
rotating or flashing red beam, directed in part to the front of the vehicle,
and these lights shall have sufficient intensity to be visible at 500 feet in
normal sunlight.
Inspect rescue vehicle for required light on top of the vehicle.
REJECT VEHICLE IF:
Required light is absent or not in working condition.
ILLINOIS REGISTER
2544
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX J Special Requirements for Rebuilt Vehicles
In addition to Appendix A through Appendix E, all rebuilt vehicles shall comply with the
following:
a)
PROOF OF OWNERSHIP
PROCEDURES/ SPECIFICATIONS
The following documents are considered proof of ownership for rebuilt
(salvaged) vehicles.
Illinois Salvage Certificate;
Illinois Certificate of Purchase;
Documentation on Illinois Secretary of State (SOS) letterhead
addressed to the vehicle's owner; or
Out-of-State Title Certificate or Salvage Certificate (see IVC
Section 3-303).
Bills of sale or purchase receipts are not considered proof of ownership.
Owners or operators who cannot present the proof of ownership
required in subsections (a)(1) and (2) are required to follow SOS
salvage title procedures.
REJECT VEHICLE IF:
Driver does not present approved proof of ownership.
b)
MOTORCYCLES
1)
BRAKES
PROCEDURES/SPECIFICATIONS:
Visually inspect braking system for leaks.
ILLINOIS REGISTER
2545
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Apply front and/or rear brakes and attempt to roll vehicle.
AGENCY NOTE: Section 12-301(a)(2) of the Illinois Vehicle
Equipment Law requires every motor-driven cycle, when operated upon
a highway, to be equipped with at least one brake that may be operated
by hand or foot.
REJECT VEHICLE IF:
Brake system leaks.
Vehicle rolls while brakes are being applied.
2)
CONTROL LEVERS
PROCEDURES/SPECIFICATIONS:
Operate control levers to verify they are functioning properly and are in
working condition.
REJECT VEHICLE IF:
Control levers do not function properly or are not in working condition.
3)
FRAME
PROCEDURES/SPECIFICATIONS:
Inspect frame for cracks.
REJECT VEHICLE IF:
Frame is cracked.
4)
FUEL SYSTEM
PROCEDURES/SPECIFICATIONS:
ILLINOIS REGISTER
2546
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect fuel system for leaks.
REJECT VEHICLE IF:
Fuel system leaks.
5)
HORN
PROCEDURES/SPECIFICATIONS:
A horn shall be provided giving an audible warning at a distance of 200
feet and shall be conveniently controlled from the driver's seated position.
(See Section 12-601 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Horn control is missing or defective.
Horn is not audible.
6)
LIGHTS
PROCEDURES/SPECIFICATIONS:
Inspect the required headlight and rear tail light. Inspect the optional
rear stop/brake light and turn signals (front and rear), if the motorcycle
is so equipped. (See Sections 12-201 and 12-208 of the Illinois Vehicle
Equipment Law.)
REJECT VEHICLE IF:
Lights do not function properly (includes optional lights).
Lenses are cracked or broken (includes optional lights).
Headlight color is not white; rear tail light color is not red.
If motorcycle is so equipped, stop/brake light and/or rear turn signal
lights are not red.
ILLINOIS REGISTER
2547
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
If vehicle is so equipped, front turn signals are not amber.
7)
STEERING HEAD BEARINGS
PROCEDURES/SPECIFICATIONS:
Apply front brake, if vehicle is so equipped, and turn handle bars left to
right to inspect for looseness in the head bearing assembly.
REJECT VEHICLE IF:
Bearings on the vehicle bind when the handle bars are turned.
Head bearing assembly is loose.
8)
SWITCHES
PROCEDURES/SPECIFICATIONS:
Inspect the headlamp and key switches.
REJECT VEHICLE IF:
Wiring to switches is frayed.
Switches do not function.
9)
SUSPENSION
PROCEDURES/SPECIFICATIONS:
Inspect the suspension for broken or loose components.
REJECT VEHICLE IF:
Suspension components are broken, loose or do not function properly.
10)
TIRES
ILLINOIS REGISTER
2548
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
PROCEDURES/SPECIFICATIONS:
Inspect tire for proper inflation (i.e., flat tire).
Inspect for visible cord damage and exposure of ply cords in sidewalls and
treads, including belting material cords.
Inspect for evidence of tread or sidewall separation.
Inspect tire for the label "Not For Highway Use" or any other marking
that would exclude its use on a motorcycle.
Inspect tire to determine if it is a "tube-type radial". If it is, it must have
"radial tube stem" markings. These markings include a red band around
the tube stem, the word "radial" embossed in metal stems, or the word
"radial" molded in rubber stems.
Measure the tread depth on the front and rear tires for at least 1/32 inch
tread.
REJECT VEHICLE IF:
Improper inflation (flat tire).
A broken or cut cord can be seen. Rubber is worn, cracked, cut or
otherwise deteriorated or damaged so that a cord can be seen, either when
the tire is not touched or when the edges of the crack, cut or damage are
parted or lifted by hand.
Tire has bump, bulge, knot or other evidence of partial carcass failure, air
seepage or loss of adhesion between carcass and tread or sidewall.
Tread depth measures less than 1/32 inch on either front or rear tire.
11)
WHEELS AND SPOKES
PROCEDURES/SPECIFICATIONS:
ILLINOIS REGISTER
2549
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Inspect the vehicle's wheels and spokes for cracked, loose, broken or
missing components.
REJECT VEHICLE IF:
Wheels or spokes are cracked, broken, loose or missing.
ILLINOIS REGISTER
2550
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Section 438.APPENDIX K Special Requirements for Tow Trucks used in Intrastate
Commerce
In addition to Appendix A through Appendix E, all tow trucks used in intrastate commerce
shall comply with the following:
AGENCY NOTE: Tow trucks used in interstate commerce are subject to the inspection
criteria found in the federal Inspection Manual (49 CFR 399.appendix G).
a)
BODY MOUNTS
PROCEDURES/SPECIFICATIONS:
Visually inspect all mounts that secure the cab and bed of the tow truck to the
chassis.
REJECT VEHICLE IF:
Cab or bed of the tow truck is not securely attached to the chassis.
Body mounts are cracked or missing.
b)
BODY PANELS
PROCEDURES/SPECIFICATIONS:
Visually inspect the tow truck to determine if all body panels are securely
attached and not rusted to the point where they may separate from the vehicle.
REJECT VEHICLE IF:
Body panels are not securely attached to the tow truck.
c)
FIRE EXTINGUISHER
PROCEDURES/SPECIFICATIONS:
Inspect for at least one fire extinguisher that displays an Underwriters'
Laboratories rating of 4 BC or larger.
ILLINOIS REGISTER
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16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
REJECT VEHICLE IF:
Fire extinguisher is missing.
Fire extinguisher does not meet minimum rating requirement of 4 BC.
d)
SLING STRAPS
PROCEDURES/SPECIFICATIONS:
Visually inspect the sling straps to determine if excessive wear is present.
REJECT VEHICLE IF:
Sling straps are worn to a point that could create a hazard when a vehicle is in
tow.
e)
SPLASH GUARDS
It is unlawful for any person to operate any vehicle of the Second Division, except
a truck tractor, upon any highway of Illinois unless such vehicle is equipped with
rear fender splash guards of either the contour type or the flap type and which
are so attached as to prevent the splashing of mud or water upon the windshield
of other motor vehicles.
Section 12-710 of the Vehicle Equipment Law shall not apply to vehicles the
construction or design of which does not require such splash guards, nor to
vehicles in-transit, nor to pole trailers. (Section 12-710 of the Vehicle Equipment
Law) (See Section 438.20 for the definitions of contour and flap type splash
guards.)
PROCEDURES/SPECIFICATIONS:
Inspect the width of the splash guard to verify it is as wide as the tread
of the tire.
Inspect for the presence of two splash guards (either contour or flap
type) on both rear fenders.
ILLINOIS REGISTER
2552
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Confirm the splash guards are securely attached and not excessively
damaged.
REJECT VEHICLE IF:
Splash guards are not as wide as the tread of the tire (if guards are
required).
Not equipped with splash guards on both rear fenders (if guards are
required).
Splash guards are excessively damaged or are not securely attached (if
guards are required).
f)
WHEEL LIFT SWIVEL POINTS
PROCEDURES/SPECIFICATIONS:
Visually inspect the wheel lift swivel points to determine if they are securely
attached to the tow truck. Also, visually inspect for cracks or binding at wheel
lift swivel points.
REJECT VEHICLE IF:
Wheel lift is not securely attached to the tow truck.
Cracks are found at swivel points.
g)
WINCH MOUNTINGS
PROCEDURES/SPECIFICATIONS:
Visually inspect the winch and winch mountings to determine if the winch is
securely attached to the tow truck.
REJECT VEHICLE IF:
Winch mountings are loose or cracked.
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULES
Winch is not securely attached to the vehicle.
2553
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
1)
Heading of the Part: Official Testing Stations
2)
Code Citation: 92 Ill. Adm. Code 448
3)
Section Numbers:
448.5
448.10
448.15
448.20
448.30
448.40
448.50
448.60
448.70
448.80
448.90
448.100
448.110
448.120
448.130
448.APPENDIX A
448.EXHIBIT A
448.ILLUSTRATION A
448.ILLUSTRATION B
448.ILLUSTRATION C
448.ILLUSTRATION D
448.ILLUSTRATION E
448.ILLUSTRATION F
448.ILLUSTRATION G
448.ILLUSTRATION H
448.APPENDIX B
448.APPENDIX C
448.APPENDIX D
448.APPENDIX E
448.APPENDIX F
448.APPENDIX G
448.APPENDIX H
448.APPENDIX I
448.APPENDIX J
Proposed Actions:
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
2554
16
ILLINOIS REGISTER
2555
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
448.ILLUSTRATION A
448.ILLUSTRATION B
448.EXHIBIT A
448.EXHIBIT B
Repealed
Repealed
Repealed
Repealed
4)
Statutory Authority: Implementing and authorized by Sections 12-711 and 12-503 of the
Illinois Vehicle Equipment Law [625 ILCS 5/12-711 and 12-503], the Illinois Vehicle
Inspection Law [625 ILCS 5/Ch. 13] and Section 6-410 of the Illinois Driver Licensing
Law [625 ILCS 5/6-410]
5)
A Complete Description of the Subjects and Issues Involved: The Department is
proposing to repeal this entire Part. This Part consisted of administrative requirements
necessary to operate an Illinois Official Testing Station along with the technical
procedures used to inspect vehicles. The administrative requirements are now located in
92 Ill. Adm. Code 451 (Administrative Requirements for Official Testing Stations) and
can be repealed from this Part. The technical procedures are now located in 92 Ill. Adm.
Code 438 (Inspection Procedures for Special Vehicles) which is being proposed
elsewhere in this Register and can be repealed from this Part.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rule currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other proposed rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objective: This rulemaking does not affect units of local
government.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Any interested party may submit written comments or arguments
concerning this proposed repealer. Written submissions shall be filed with:
By U.S. Mail:
ILLINOIS REGISTER
2556
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Ms. Catherine Allen
Illinois Department of Transportation
Division of Traffic Safety
P.O. Box 19212
Springfield IL 62794-9212
217/785-3031
JCAR requests, comments and concerns regarding this rulemaking shall be addressed to:
Ms. Sannaz Etemadi
Assistant Chief Counsel
Illinois Department of Transportation
Office of Chief Counsel
2300 South Dirksen Parkway, Room 313
Springfield IL 62764
217/524-7763
Comments received within 45 days after the date of publication of this Illinois Register
will be considered. Comments received after that time will be considered, time
permitting.
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: This rulemaking affects small businesses, small municipalities and notfor-profit corporations that own or operate special vehicles subject to the Illinois
Vehicle Inspection Law [625 ILCS 5/13].
B)
Reporting, bookkeeping or other procedures required for compliance: No impact.
C)
Types of professional skills necessary for compliance: No impact.
Regulatory Agenda on which this rulemaking was summarized: None
The full text of this Proposed Repealer begins on the next page:
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 448
OFFICIAL TESTING STATIONS (REPEALED)
Section
448.5
Effective Date
448.10
Address for Correspondence
448.15
Other Acceptable Certificates of Safety or Inspection
448.20
Definitions
448.30
Application Procedure for a Station Permit
448.40
Applicant Qualifications
448.50
Official Testing Station Qualifications
448.60
Lane Qualifications
448.70
Lane Classification, Requirements, and Safety Test Equipment
448.80
General Responsibility of Station Owner
448.90
Certified Safety Tester
448.100
Certificates of Safety
448.110
Official Test Procedure
448.120
Forms, Records and Reports
448.130
Supervision and Enforcement
448.APPENDIX A
Safety Test Procedures and Specifications
448.EXHIBIT A
Testing Procedures
448.ILLUSTRATION A
Tires
448.ILLUSTRATION B
Tire and Steering Wheel Limits
448.ILLUSTRATION C
Suspension Components
448.ILLUSTRATION D
Steering Components
448.ILLUSTRATION E
Air Suspension Components
448.ILLUSTRATION F
Guide to Lighting Requirements
448.ILLUSTRATION G
Glazing Chart
448.ILLUSTRATION H
Glazing Illustrations
448.APPENDIX B
Trucksters (Cargo Carrying Motorcycles)
448.APPENDIX C
Buses – Additional Requirements
448.APPENDIX D
Driver Education Training Cars
448.APPENDIX E
Requisition for Certificates of Safety and Lane Forms
448.APPENDIX F
Monthly Vehicle Inspection Station Report
448.APPENDIX G
Report of Lost or Stolen Safety Certificates
2557
16
ILLINOIS REGISTER
2558
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
448.APPENDIX H
448.APPENDIX I
448.APPENDIX J
448.ILLUSTRATION A
448.ILLUSTRATION B
448.EXHIBIT A
448.EXHIBIT B
Rejected Vehicles
Defective, Mutilated or Replacement Certificate of Safety Report
Vehicle Inspection Report
Second Division Vehicle Certificate of Safety
Placement of Second Division Vehicle Certificate of Safety
on Vehicle
Rebuilt Vehicles
Contract Carriers
AUTHORITY: Implementing and authorized by Sections 12-711 and 12-503 of the Illinois
Vehicle Equipment Law [625 ILCS 5/12-711 and 12-503], the Illinois Vehicle Inspection Law
[625 ILCS 5/Ch. 13] and Section 6-410 of the Illinois Driver Licensing Law [625 ILCS 5/6-410].
(See P.A. 92-108, effective January 1, 2002.)
SOURCE: Filed December 26, 1976, effective January 1, 1977; codified at 8 Ill. Reg. 19608;
amended at 11 Ill. Reg. 4339, effective March 3, 1987; amended at 12 Ill. Reg. 11566, effective
June 23, 1988; amended at 13 Ill. Reg. 7973, effective May 15, 1989; amended at 26 Ill. Reg.
18479, effective December 12, 2002; repealed at 40 Ill. Reg. ______, effective ____________.
Section 448.5 Effective Date
Effective January 1, 1977, and until further notice, the following rules and regulations govern
Official Testing Stations and Vehicle Safety Tests, Amendments, deletions, additions, or
revisions will be effective on the date they are issued.
Section 448.10 Address for Correspondence
All business and correspondence pertaining to the operation of an Official Testing Station and
Vehicle Safety Tests shall be addressed to:
Vehicle Inspection Section
Division of Traffic Safety
Department of Transportation
2300 South Dirksen Parkway
Springfield, Illinois 62764
or
Telephone Number 217/782-2920
ILLINOIS REGISTER
2559
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.15 Other Acceptable Certificates of Safety or Inspection
Under the provisions of Section 13-114 of the Illinois Vehicle Code (IVC), Certificates of Safety
or Inspection from the following jurisdictions are acceptable in lieu of an Illinois Certificate of
Safety:
Arkansas
Colorado
Delaware
District of Columbia
Florida
Georgia
Hawaii
Indiana
Kentucky
Louisiana
Maine
Massachusetts
Mississippi
Missouri
Nebraska
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Oklahoma
Pennsylvania
Rhode Island
South Carolina
South Dakota
Texas
Utah
Vermont
Virginia
West Virginia
Wyoming
Section 448.20 Definitions
The following words and phrases, when used in these regulations, shall, for the purpose of the
regulations, have the meaning respectively prescribed to them in this Chapter, except in those
instances where the context clearly indicates a different meaning:
Administrative Hearing: Proceedings in which witnesses are heard, evidence is
presented, and testimony is taken relative to:
Citation/Complaints issued by the Department to Official Testing Station
personnel for alleged violation of Chapter 13, Illinois Vehicle Code,
and/or the Rules and Regulations.
Petitions presented by Official Testing Station owners for approval of
testing fee schedules.
Petitions presented by Official Testing Station owners or applicants for
consideration of revocation or denial of their Station Permits.
ILLINOIS REGISTER
2560
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Applicant: Any individual owner, partners, authorized agent of a corporation, or
lessee applying for an Official Testing Station Permit.
Authorized Safety Test Equipment: Those testing and measuring devices
approved and/or required by the Department and installed and operated by
Official Testing Stations for the required test procedure.
Bus: Every motor vehicle designed for carrying more than 10 passengers and
used for the transportation of persons; and every motor vehicle, other than a
taxicab, designed and used for the transportation of persons for compensation.
Certificate of Safety: The authorized visible symbol furnished by the Vehicle
Inspection Section to an Official Testing Station which is to be directly affixed by
a Certified Safety Tester to a vehicle which satisfactorily meets the minimum
prescribed safety standards established by the Vehicle Inspection Section.
Certified Safety Tester: An individual who has satisfactorily passed a written
exam and has demonstrated proficiency in the operation of authorized safety test
equipment and has been issued evidence and authority by the Department to test
vehicles.
Certified Safety Tester Certificate: Evidence issued by the Department to a
Certified Safety Tester granting the individual named thereon the privilege and
authority to test vehicles.
Citation/Complaint: A formal statement charging that an act of commission or
omission constituting a violation of Chapter 13 of the Illinois Vehicle Code and/or
the Rules and Regulations was committed by Official Testing Station personnel.
The Citation and Complaint will also contain an official summons to appear or
otherwise plead, as well as a statement of the relief sought by the Department.
Commercial Bus: Any bus operated for the transportation of persons in the
furtherance of any commercial or industrial enterprise, For-Hire or Not-For-Hire.
Commercial Driver Training Vehicle: Any commercial vehicle (Chap. 95½, Sec.
1-114, I.R.S.) or vehicle of the second division (Chap. 95½, Sec. 1-217, I.R.S.)
used in the preparation of an applicant for examination given by the Secretary of
State for a driver's license or permit.
ILLINOIS REGISTER
2561
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Department: Illinois Department of Transportation.
Director: The Director of the Division of Traffic Safety.
Division: Division of Traffic Safety.
Lane: That clearly defined area within the building of an Official Testing Station
within which all authorized safety test equipment is installed or located and within
which all vehicle safety tests must be conducted.
Official Records: Those forms furnished by the Vehicle Inspection Section which
have been completed incidental to the operation of an Official Testing Station.
Official Testing Station: All contiguous real and personal property which houses
the testing lane(s) and any and all equipment and supplies relating to the Vehicle
Safety Test Program.
Official Testing Station Permit: That evidence issued by the Vehicle Inspection
Section granting the owner named thereon the privilege of serving as a agent of
the State of Illinois within the limitations set forth in the Illinois Vehicle Code,
Section 13-103 and these rules and regulations.
Owner: Any individual, partners, authorized agent of a corporation, lessee, or
other person in whose name an Official Testing Station Permit has been issued.
Such person(s) shall be responsible for the lawful operation of the station's safety
test program.
Rejected Vehicle: A vehicle which failed to pass the safety test and which was
not issued a Certificate of Safety.
Religious Organization Bus:
Every motor vehicle, except as provided in paragraph (b), owned or operated by
or for a religious organization or denomination for the transportation of persons to
or from any activity of the religious organization or denomination.
This definition does not include:
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a bus operated by a public utility, municipal corporation or common
carrier authorized to conduct local or interurban transportation of
passengers when such bus is on a regularly scheduled route for the
transportation of other fare paying passengers or furnishing charter service
for the transportation of groups on special trips or in connection with
special events and not over a regular or customary religious organization
bus route;
a motor vehicle licensed or required to be licensed as a school bus; or
a motor vehicle designed for carrying not more than 9 persons, including
the driver, which is not registered as a religious organization bus under
Section 3-808 of the Illinois Vehicle Code.
Rules: Those Rules, as amended, that are issued by the Department and pertain to
the safety tests of motor vehicles.
School Bus: Text as amended by P.A. 79-63, eff. June 26, 1975.
"School bus" means every motor vehicle, except as provided in paragraph
(b), owned or operated by or for any of the following entities for the
transportation of persons in connection with any activity of the entity: a
school operated by a religious institution or a public or private nursery,
primary, secondary or parental school.
This definition does not include the following:
a bus operated by a public utility, municipal corporation or
common carrier authorized to conduct local or interurban
transportation of passengers when such bus is on a regularly
scheduled route for the transportation of other fare paying
passengers or furnishing charter service for the transportation of
groups on field trips or other special trips or in connection with
special events or for shuttle service between attendance centers or
other educational facilities and not over a regular or customary
school bus route;
a motor vehicle designed for carrying not more than 9 passengers
which is not registered as a school bus under Section 3-808;
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until December 31, 1975, a vehicle operated by a nursery school
exclusively for the transportation of pupils of pre-school age.
Every motor vehicle, except as provided in paragraph (b), owned or
operated by or for any of the following entities for the transportation of
persons in connection with any activity of the entity: a school operated by
a religious institution or a public or private nursery, primary, secondary or
parental school.
This definition does not include the following:
a bus operated by a public utility, municipal corporation or
common carrier authorized to conduct local or interurban
transportation of passengers when such bus in on a regularly
scheduled route for the transportation of other fare paying
passengers or furnishing charter service for the transportation of
groups on field trips or other special trips or in connection with
special events or for shuttle service between attendance centers or
other educational facilities and not over a regular or customary
school bus route;
a motor vehicle designed for carrying not more than 9 passengers
which is not registered as a school bus under Section 3-808;
a religious organization bus as defined in Sec. 1-171.01.
Second Division Vehicle: Those vehicles which are designed for carrying
more than 10 persons, those designed or used for living quarters and those
vehicles which are designed for pulling or carrying property, freight or
cargo, those motor vehicles of the First Division remodelled for use and
used as motor vehicles of the Section Division, and those motor vehicles
of the First Division used and registered as school buses.
Secretary: Secretary of the Illinois Department of Transportation.
Section: Vehicle Inspection Section of the Bureau of Safety Operations of the
Division of Traffic Safety of the Illinois Department of Transportation.
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Supplies: All items issued to an Official Testing Station by the Vehicle
Inspection Section. All supplies remain the property of the Section.
Section 448.30 Application Procedure for a Station Permit
a)
Upon written request to the Section by an applicant for a permit, the Section will
furnish to the applicant the required forms and instructions pertaining to the
requirements for an Official Testing Station Permit.
b)
The completed forms, accompanied by a $10.00 check or money order made
payable to: Treasurer, State of Illinois, shall be sent to the Section. Such fee shall
not be refundable.
c)
Following review of the application and background investigation of the applicant
and interim approval granted, authorized safety test equipment shall be
permanently installed in the location and position approved by the Section.
d)
1)
2)
e)
The applicant shall forward to the Section the following photographs:
A)
For a Class "A," "C," or "D" lane, three 8" x 10" photographs
showing the lane entrance, lane exit and the entire testing lane,
including the installed testing equipment.
B)
For a Class "B" lane, two 8" x 10" photographs showing the lane
entrance and the entire testing lane, including the installed testing
equipment.
The dimensions represented by each photograph shall be noted on the
reverse side of the respective photograph.
The applicant shall file with the Section a bond in the amount of one thousand
dollars ($1,000) with security approved by the Section. This bond shall be
conditioned upon the faithful compliance by the applicant and his employees of
the Rules and Regulations, as amended. The bond form shall be secured from the
Section.
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f)
Any State garage, city, village, incorporated town, or county shall be exempt from
the payment of any original or renewal fee and also exempt from the filing of any
bond.
g)
Each permit shall state on its face the individual numerical designation assigned
to the Official Testing Station and shall state the location of the Station. Safety
tests are to be made only within the test lane.
h)
Each permit approved and issued by the Department shall expire twelve (12)
months following issuance. The permit may be renewed annually by complying
with the Rules and upon payment of a renewal fee of $10.00.
i)
The Section may issue an amended permit following a change in location and
installation of testing equipment. The new location must satisfy the requirements
of these Rules and Regulations. Only the amended permit will be the authority
for the applicant to begin testing at the new location. Testing may begin upon
receipt and after proper displaying of the amended permit.
j)
Any Official Testing Station Permit issued by the Department shall be subject to
cancellation, suspension, or revocation by the Department for violations of these
Rules or of the Statutes. (See also Sec. 13-108, (IVC) regarding Administrative
Hearings).
k)
The Section may permanently deny, on application, an original or renewal lane
permit to applicants whose permits have been suspended or revoked or whose
backgrounds or records are such that granting a permit would appear detrimental
to the Safety Test Program. Applicants whose original or renewal Testing Station
Permit applications have been denied by the Department may request a Hearing to
present such evidence as the applicant feels warrants the granting of an original or
renewal Testing Station Permit.
l)
If one or more of the Official Testing Station owners or applicants have been
convicted of a felony, the Department may consider that fact, along with others,
as grounds for either revocation or denial of a Testing Station Permit. However,
the fact of a conviction of a felony by one or more of the Official Testing Station
owners or applicants, standing alone, is not grounds for either denial or revocation
of a Testing Station Permit.
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m)
Official Testing Station Permits will be issued in one of two categories: Public or
Private.
n)
Public Stations must test any vehicle presented within the limits defined in
Section 448.70. (See also, Section 448.140(a)).
o)
Public Stations must agree in writing to be open for testing between the hours of 8
a.m. and 5 p.m., Monday through Friday, except on legal holidays. All public
stations shall notify the Section in writing if the test lane operates during any
additional hours. The notification shall be sent to the Section and shall include
the complete test lane number, the city in which the lane is located, and the
additional hours of operation.
p)
Private Stations are not open to the public. They are established soley for the
purpose of testing ten or more vehicles owned or leased by the firm in whose
name the Official Testing Station Permit is issued.
q)
All Private Stations are required to notify the Section in writing of each second
division vehicle leased or owned by the firm as of January 1st of each year. The
Section must also be notified of any additions or deletions to the fleet made
during the year.
r)
Private Stations will be exempt from maintaining normal business hours.
s)
Private Stations are subject to the same requirements as Public Stations except
where specifically noted.
t)
The Station must have at least one person rated by the Section as a Certified
Safety Tester.
u)
No safety test shall be conducted unless the Station possesses and has properly
displayed a valid Permit issued by the Section.
v)
By accepting a Permit, the applicant agrees to comply with all Statutes and all
Rules and Regulations, as amended, that apply and govern the operation of an
Official Testing Station and Vehicle Safety Tests.
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w)
If a lane is inoperative for a period of six (6) months or more, the Permit may be
cancelled. If at a later date the owner wishes to reopen his Station, a new
application must be submitted to the Section.
Section 448.40 Applicant Qualifications
a)
An applicant shall be of good moral character, of legal age, and have a reputation
for good business practices.
b)
All forms furnished by the Section shall be completed truthfully and completely
by the applicant.
c)
Any supplemental information requested by the Section shall be furnished
truthfully and completely.
d)
Any false information supplied on the forms will nullify the application and any
subsequent application for a period of one year from the date of the original
application.
e)
A permit will immediately be cancelled when any information contained on the
application forms, or if any additional information requested by the Section, is
found to be false. A new application may be completed and filed one year from
the date of the cancellation.
f)
All information supplied on the forms and all supplemental information will be
thoroughly investigated by the Department.
Section 448.50 Official Testing Station Qualifications
a)
The Station shall be clean, orderly, and properly maintained.
b)
The Station shall be a permanent building constructed so that the test lane is
protected from exposure to the weather. The building shall have a permanent
roof, contiguous permanent walls, and a permanent door or doors of sufficient
height and width for vehicle passage (see Section 448.70). The floor of the
building shall be a level concrete surface.
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c)
The building shall be located on the Station property so that a vehicle waiting to
enter the building shall neither obstruct passing vehicles, nor cause unsafe
congestion in an alley, street, or highway.
d)
The vehicular entrance and exit to the Station shall neither be obstructed, nor shall
a driveway be constructed as to interfere with the free movement of a vehicle
entering or exiting the Station Building. The approach to the entrance of the
building shall be concrete or asphalt. The incline and/or decline of the approach
and exit drives shall not be such as to adversely affect the ingress or egress of any
vehicle presented for a safety test.
e)
Failure to meet any of the requirements of Section 448.50 shall nullify the
application until all the requirements are met.
Section 448.60 Lane Qualifications
a)
The lane shall be an orderly area of at least the minimum dimensions required for
Station classification. (See Section 448.70(a)).
b)
The floor of the lane shall be a level concrete surface free from high or low spots.
The floor shall be suitable for the installation of Authorized Safety Test
Equipment according to the manufacturers' specifications.
c)
The floor of the approach to the lane and the surface of the lane area shall be free
from dirt, oil, and grease.
d)
The lane shall not be utilized for servicing, repairing, washing, parking or storing
vehicles, or for storing parts or other materials. (Minor repairs or adjustments to
rejected vehicles, e.g., light bulb replacement, headlight aim, etc., are allowed.)
e)
The lane shall be well lighted, adequately ventilated by natural or artificial means,
and capable of being heated when necessary.
f)
The lane shall be located to allow a direct approach by the test vehicle within the
dimensions required for Section classification.
g)
A Station may have more than one lane. Each lane must have all the required
Authorized Safety Test Equipment.
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h)
If an Official Testing Station Permit is cancelled because a lane is closed or
inactive for at least six months (See Section 448.30(w)), an inspection of testing
equipment and building shall be conducted and all facilities approved prior to the
issuance of a new Permit.
i)
Failure to meet any of the requirements of Section 448.60 shall nullify the
application until all the requirements are met.
Section 448.70 Lane Classification, Requirements, and Safety Test Equipment
a)
Minimum
Dimensions
Door Height
Door Width
Lane Height
Lane Width
Lane Length
*
**
***
Lane Classification
C***
14'
12'
14'
14'
64'
A***
12'
10'
12'
14'
64'
B
8'
8'
8'
12'6"
30'*/40'**
D
12'
10'
12'
14'
64'
With a combination wheel alignment and brake testing device.
With a separate wheel alignment tester and brake testing device.
Must have an entrance and exit door in direct line with the safety
test equipment.
b)
Classification of the lane will be governed by the smallest dimensions of the door
and/or land and/or the maximum capacities of the required testing equipment.
c)
Safety test equipment must be installed according to the respective manufacturer's
specifications. The center line of the brake tester and/or wheel alignment tester
shall be aligned with the center of the lane entrance and exit opening(s).
d)
A lane perimeter stripe at least three (3) inches in width and readily visible must
be permanently marked on the floor in at least the minimum dimensions set forth
in Section 448.70(a).
e)
All Authorized Safety Test Equipment must be located within the perimeter
stripe.
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f)
In addition to the minimum dimensions in Section 448.70(a), a lane must have the
appropriate capacity equipment approved by the Department. The Vehicle
Inspection Section will establish and maintain a list of Authorized Safety Test
Equipment, and this list shall be available upon written request to the Section.
g)
Each lane within a station must be equipped with a hydraulic jack or lift, a wheel
alignment indicator, a drive-on brake testing device, and a headlight testing and
aiming device.
h)
Each hydraulic jack or lift must equal or exceed the following minimum
capacities and be capable of lifting the vehicle so that the bottom of the tires are at
least a minimum of six (6) inches above the surface of the floor.
1)
Class C, Class A, and Class D Lanes shall have a jack or lift with a
Manufacturer's Rated Minimum Lifting Capacity of 18,000 pounds.
2)
Class B Lanes With An 8,000 or 10,000 Pound Vehicle Scope shall have a
jack or lift with a Manufacturer's Rated Minimum Lifting Capacity of
5,000 pounds.
3)
Class B Lanes With a 14,000 Pound Vehicle Scope shall have a jack or lift
with a Manufacturer's Rated Minimum Lifting Capacity of 8,000 pounds.
i)
Every headlight testing and aiming device used must meet the specifications of
SAE Recommended Practice J600a and must be installed in the lane according to
the respective manufacturer's specifications. Each installation must be approved
by the Section.
j)
Every wheel alignment indicator must be of the drive-on type approved by the
Section and must be permanently installed according to the respective
manufacturer's specifications.
k)
Each brake testing device must be of the drive-on type approved by the Section
and must be permanently installed according to the respective manufacturer's
specifications. All brake testing devices must be approved by the Section.
l)
Each item of equipment required shall be maintained in good repair and proper
calibration. Maintenance, calibration, and repair shall be performed in
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NOTICE OF PROPOSED REPEALER
accordance with the respective manufacturer's instruction manuals and
specifications.
m)
There shall be no obstruction caused by building design or fixture placement
within the minimum dimensions of the lane perimeter stripe.
n)
Class B lanes are limited to testing single unit motor vehicles (trucks, tractors,
buses). NO trailers or semitrailers shall be tested by a B lane.
o)
Maximum vehicle weight which can be safety tested at a Class B lane is based
upon the total maximum reading of the brake testing machine. The three classes
of B lanes are:
1)
* Class B Lanes which have a brake testing machine capable of
registering a capacity of 1,500 pounds on the tube or dial for each tread
plate may test motor vehicles up to 8,000 pounds vehicle empty weight.**
2)
* Class B Lanes which have a brake testing machine capable of
registering a capacity of 2,000 pounds on the tube or dial for each tread
plate may test motor vehicles up to 10,000 pounds vehicle empty
weight.**
3)
Class B Lanes which have a brake testing machine capable of registering a
capacity of 3,000 pounds on the tube or dial for each tread plate may test
motor vehicles up to 14,000 pounds vehicle empty weight.**
*
Specifications shown for these two classes of B Lanes (Nos. 1 and
2) pertain only to lanes established prior to July 1, 1973. After
July 1, 1973, all new B lanes which are opened must have
equipment with the capacity to test vehicles up to 14,000 pounds
vehicle empty weight.
Caution: On brake testing machines which are flush mounted with a floor, no
vehicle may be tested if any part of the tire tread of the vehicle extends over the
side or sides of the tread plate.
p)
Class A Lanes are limited to testing single vehicles or combinations of vehicles
which are less than 12 feet in height when measured to the highest point of the
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vehicle(s). The weight of the vehicle(s) shall not exceed the capacity of the
authorized safety test equipment.**
q)
Class C Lanes are authorized to test all sizes and combinations of vehicles which
can enter the lane facilities and not exceed the capacity of the authorized safety
test equipment.** (See Section 448.140(a)).
**
Class A, B, and C lanes may test school buses and/or vehicles operating
under ILCC authority only if they have been granted additional
authorization.
r)
Class D Lanes are public lanes established solely to conduct school bus safety
tests. These lanes are authorized to test all school buses which can enter the lane
facilities and not exceed the capacity of the authorized safety test equipment.
s)
The classification and requirements for a private station shall be the same as for a
public station with the classification of the private station being dependent upon
the dimensions of the lane and capacity of the authorized safety test equipment.
t)
Failure to meet the qualifications in Section 448.70 will nullify an application
until the qualifications are met. Any Station issued a permit for a Class C or
Class A station prior to the effective date of these Rules and Regulations, which
does not meet the specifications for its respective classification, may be required
to reclassify to the appropriate lane classification and abide by the resultant
limitations.
u)
Any station that has a change in ownership, business name, equipment or location
will be reclassified to the appropriate lane classification. Any change in
ownership, business name, or location requires a new application and payment of
the $10.00 filing fee, and, following approval, issuance of a new permit.
v)
After July 1, 1973, new permits will be issued only for B Lanes equipped with a
brake testing machine capable of testing motor vehicles with a minimum vehicle
empty weight of 14,000 pounds. This will not affect an 8,000 pound or 10,000
pound class B lane already in existence, or one where the ownership changes,
provided the equipment remains in the existing building.
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w)
For each brake testing device installed after January 1, 1977, the tower must be
located so it can be read from the driver's seat of the vehicle on which the
Certified Safety Tester is performing the appropriate test.
x)
After July 1, 1973, all headlight testers shall be "track type." No "portable type"
headlight testers shall be authorized. All test lanes must comply with this
requirement.
y)
The Department shall determine the kind and type of testing equipment necessary
to test all vehicle components subject to the safety test and shall furnish, upon
written request to the Section, a listing of the Approved Safety Test Equipment.
Section 448.80 General Responsibility of Station Owner
a)
The owners shall require all Certificated Safety Testers to comply with all rules
and regulations as stated in the Rules, as amended. The owner shall also be
strictly responsible for all safety test practices and procedures in the testing
station, including, but not limited to, any certified or non-certified personnel
allowed either directly or indirectly to perform vehicle safety tests while in the
employ, direction and/or control of the owner. The owner is responsible for all
safety test practices and procedures in the Station, regardless of whether the
owner has knowledge and/or approves of such practices and procedures.
b)
The owner be required to submit to the Section a schedule of all rates and charges
made by him for performing any adjustments, corrections, or repairs required by a
safety test. Nothing in this chapter shall be construed to mean that any
adjustment, correction or repair must be made at the station performing the safety
test.
c)
It shall be the owner's responsibility to notify this Section immediately of any
change in ownership, business name, or location. Any such change automatically
cancels the existing permit. (See also Section 448.70(u)).
d)
It shall be the owner's responsibility to immediately notify the Section when
neither he nor any of his employees is eligible to test vehicles. Failure to have at
least one employee who is a Certified Safety Tester automatically suspends the
Official Testing Station Permit until such time as the owner and/or an employee
becomes certified. The owner shall immediately notify the Section of the lane
closure and subsequent reopening.
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e)
It shall be the owner's responsibility to notify the Section and/or the Inspector at
least 10 days prior to any voluntary lane closing. (Example: vacations, equipment
maintenance, repairs, etc.) Equipment malfunctions should be reported
immediately to the Section and/or the Inspector. Reopening the lane following
voluntary closure for equipment repairs must be approved by the Inspector.
f)
It shall be the owner's responsibility to change the Rules and Regulations
immediately upon receipt of any addition, deletion, and/or other notification of
change issued by the Department. The complete, current Rules and Regulations
shall be kept in the lane area and be available to all Certified Safety Testers at all
times.
g)
It shall be the responsibility of the owner to bring to the attention of all employees
who work with any part of the testing lane operation any material disseminated by
the Section, including, but not limited to, changes, additions, and deletions to the
Rules (See Section 448.60(f)), and notification of disciplinary actions.
h)
It shall be the responsibility of the owner to maintain a sufficient supply of all
forms needed in the operation of the Official Testing Station. These forms may
be obtained from the Department by submitting an order form (SVI-1274). It will
also be the owner's responsibility to ensure his employees utilize the proper
forms, accurately complete all forms and reports, and submit reports to the
Department as set forth in the Rules.
i)
It will be the owner's responsibility to keep on hand sufficient number of
Certificates of Safety to issue to rejected vehicles returning for retest. If the
Station does not have Certificates on hand, the test fee must be refunded to the
vehicle owner.
j)
The owner shall be held responsible for accurate safety tests, for maintaining the
equipment in proper calibration and working order, and for maintaining the
station and lane(s) in proper condition as required in these Rules.
k)
It shall be the owner's responsibility to notify this Section immediately of any
change in equipment, regardless of whether the lane's classification is affected.
l)
If, as the result of an Administrative Hearing, an Official Testing Station Permit is
suspended, performance of any and all vehicle inspection activities shall be
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prohibited for the duration of the suspension. It shall be the owner's responsibility
to surrender the Lane Permit, Certificates of Safety, and other related supplies
requested to authorized personnel of the Department on the date the suspension
begins. The owner shall also be responsible for making certain all employees
honor the terms of the suspension. Should a rejected vehicle return for a retest,
the original test fee charged must be refunded to the vehicle owner to enable him
to secure a test at another Official Testing Station.
Section 448.90 Certified Safety Tester
a)
The owner of an Official Testing Station must notify the Section in writing when
he and/or one or more of his employees wishes to make application to conduct
Safety Tests as a Certified Safety Tester. Information furnished should include
applicant's full name, date of birth, and driver's license number. Each applicant
must be at least 18 years of age and possess a valid driver's license before making
application to take the Certified Safety Tester's examination.
b)
Each applicant must successfully pass a written test based on these Rules and
must demonstrate proficiency in the operation of the safety test equipment at the
Station where employed before certification as a Certified Safety Tester. A
Certified Safety Tester must test a minimum of 10% of the vehicles safety tested
in the Station during a twelve (12) month period or must successfully pass the
written and proficiency examinations to maintain his certification.
c)
A Certified Safety Tester may be retested and must successfully pass a written
test based on these Rules and may be required to demonstrate proficiency in the
operation of the test equipment where employed at any time the Section deems
necessary.
d)
A Certified Safety Tester may be retested and must successfully pass a written
test based on these Rules and may be required to demonstrate proficiency in the
operation of the test equipment if the lane where he is employed changes
equipment.
e)
A person who failed any part of the initial examination and desires to reapply
must wait a period of 15 days before reapplying. A person who fails a second
time must wait a period of 30 days before reapplying. A person may take the test
to become a Certified Safety Tester a maximum of three times within a period of
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12 months. After three failures, a person is not eligible to take the examination
for a period of one year from the date of the last failure.
f)
No person shall perform a Safety Test unless he is rated as a Certified Safety
Tester by the Section and possesses a valid Certificate issued to him by the
Section, which is displayed at the lane where he is employed; no Certified Safety
Tester may delegate duties which are required to be performed by a Certified
Safety Tester to one who is not a Certified Safety Tester. The Department may
issue a Citation/Complaint or Warning Ticket to a lane employee who is not a
Certified Safety Tester but who has safety tested vehicles and issued Certificates
of Safety in violation of these Rules and/or the Illinois Revised Statutes.
g)
The Certified Safety Tester shall perform the safety test applicable to the tested
vehicle according to both the Test Procedure and the Test Specifications. The
owner or Certified Safety Tester shall not delegate the responsibility to perform a
proper and thorough safety test to any other person. The Certified Safety Tester
shall know and, upon request of a Department representative, shall demonstrate
the procedure for checking, setting, calibrating, operating, and otherwise causing
the safety test equipment in the testing station where he is employed to be
accurate and effective.
h)
The Certified Safety Tester shall have sole physical control of the vehicle to be
tested during the entire safety test procedure. The Certified Safety Tester shall
perform both the original safety test and retesting of repaired components on a
rejected vehicle only within the perimeter lines of the lane (See Section
448.70(d)).
i)
The Certified Safety Tester who performed the safety test of a vehicle shall
personally affix the Certificate of Safety to the tested vehicle in the location
prescribed in these Rules, only if the vehicle tested equals or exceeds all test
specifications and Statutory requirements.
j)
In those parts of safety test where no specific dimension or standard has been
promulgated for vehicle components, the Certified Safety Tester shall use his best
judgment as to the reliability of a particular component and its effect upon the
safe operation of the vehicle when operated on the streets and highways.
(Example: noise level of exhaust system, etc.)
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k)
The Certified Safety Tester shall not accept any gratuity from any person for or in
connection with the Official Safety Test of any vehicle or for or in connection
with the issuance or giving of a Certificate of Safety.
l)
The Certified Safety Tester shall have the responsibility for entering all safety test
results, according to vehicle type, on the Vehicle Inspection Report. The
Certified Safety Tester shall prepare an inspection report for each and every
vehicle presented for a test. The Certified Safety Tester shall also write his
signature in the proper space on the safety report when the test is completed.
m)
The Certified Safety Tester's Certificate remains the property of the Section and
must be immediately returned to the Section or authorized personnel of the
Department if the Certified Safety Tester ceases testing vehicles, ceases to be
employed by the Official Testing Station or has his Certificate suspended,
cancelled or revoked.
n)
The testing privileges granted by the Certified Safety Tester's Certificate shall be
subject to cancellation, suspension, or revocation by the Department of any
violation by the Certified Safety Tester of the Rules of the IVC, as amended. (See
also, Section 13-108, regarding Administrative Hearings.)
o)
The written and proficiency exams (See Sections 448.90(b) and (c)) may be
required by the Section if a Certified Safety Tester's Certificate has been revoked,
suspended, or cancelled, prior to recertification.
p)
Only a Certified Safety Tester licensed to test trucks is eligible to take a school
bus and/or motor coach examination.
q)
If a lane is inoperative for a period of six (6) months or more, all Certified Safety
Tester Certificates will be cancelled. All Certified Safety Testers may be required
to be retested before the lane can be declared operational.
r)
Refusal of a Certified Safety Tester to submit to retesting shall automatically
cancel his certification.
s)
If a Certified Safety Tester leaves the employ of one Official Testing Station and
is subsequently hired by another, the latter employer must request transfer of the
Certified Safety Tester's Certification in writing. The Section may require him to
pass the written and/or proficiency exams before his certificate is transferred.
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Both tests shall be administered if the lapse in employment at Official Testing
Stations exceeds thirty days or the lane classifications of the two Stations differ.
Section 448.100 Certificates of Safety
a)
Certificates of Safety to be affixed to a vehicle as a result of satisfactorily passing
the Safety Test will be issued to the Stations by the Section.
b)
Certificates of Safety will remain the property of the Department and the State of
Illinois, and will be used as directed unless advised otherwise by the Section.
c)
The following describes the Certificate of Safety to be utilized.
1)
Description-Second Division Vehicle Certificates of Safety
The Certificates of Safety shall be in contrasting colors, with the month
and year on the face thereof indicating when the vehicle is subject to
reinspection. The colors of the Certificates of Safety shall be prescribed
by the Department.
2)
Physical Description
The Certificates measure three (3) inches square with a large numeral on
the front side indicating the month of reinspection. The serial number and
date of expiration of an individual certificate can be found only on the rear
side of the certificate. The certificate will be affixed to the extreme
bottom of the windshield glass in the left-hand corner.
3)
For example of a Second Division Vehicle Certificate of Safety see
Illustration A.
4)
Enforcement
The Statutes do not provide for a grace period on expired Certificates of
Safety. A certificate expires at midnight on the expiration date printed on
the individual certificate.
5)
Reports and Unused Certificates of Safety
All Test Lanes shall, by the 10th of each month, return to the Vehicle
Inspection Section, by Certified Mail, or authorized personnel of the
Department, the following items:
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A)
Completed Monthly Station Report (MSR-1-76-T)
B)
Defective, Mutilated, or Replacement Certificate of Safety Report
(Form No. SVI-1280)
C)
All unused Certificates of Safety from the preceding month.
(Complete lane number must be written on the back cover of each
booklet of Certificates of Safety being returned.)
d)
Each Certificate of Safety shall have a unique serial number. The station owner
shall immediately provide the Section with a signed receipt for all Certificates of
Safety delivered to him. Delivery of Certificates of Safety cannot be made to an
address other than that of the Official Testing Station without the written approval
of the Section.
e)
The station owner shall be responsible for the safety and security of all certificates
of Safety issued to the Station and shall utilize a locked safe or other locked place
for their storage within the Station.
f)
Loss or Theft of Certificates of Safety. (The term "Loss" shall include the failure
to receive Certificates via United Parcel Service or otherwise enroute to the
Station.)
g)
1)
The station owner shall immediately notify the local police in the
jurisdiction in which the station is located of the loss or theft of any
Certificates of Safety.
2)
The station owner shall immediately notify the Section by telephone
(217/782-2920) or telegraph (See Section 448.100(u)) and give Station
name, number and address, the series and serial numbers of the
Certificates that were lost or stolen, and the name of the person declaring
the loss.
3)
The station owner shall complete 2 copies of SVI-1241 "Report of Lost or
Stolen Safety Certificates." Mail the top copy to the Section. Retain the
second copy and file in the test station with the monthly reports.
The station owner may authorize the signatures of two additional employees of
the Station to request Certificates of Safety. All requests for a reorder of
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Certificates must be on form SVI-1274 which is furnished by the Section, signed
by an authorized person, and mailed prepaid to the Section. Each such request
must include the Station number, name, address, city, phone number, number of
Certificates requested, and the name of the person requesting the additional
Certificates. Lane must keep on hand sufficient number of Certificates of Safety
to issue to rejected vehicles returning for retest. If the original test lane has no
Certificates on hand, the test fee must be refunded to the vehicle owner so he can
go to another test lane for a safety test.
h)
A Certificate of Safety shall be issued to any vehicle of the second division which
passes the Safety Test and Test Specifications.
i)
The Certificate of Safety shall be issued by the Station and affixed by the
Certified Safety Tester in numerical sequence, starting with the lowest serial
number and proceeding in strict ascending sequence through the highest serial
number. Such numerical progression shall be directly related to the passage of
time and date of tests performed.
j)
Each Certificate of Safety issued by the Station shall be accounted for on the
Vehicle Inspection Report which has been truthfully and accurately completed
with all required information. No Station Owner or Certified Safety Tester shall
issue, nor shall any person accept, obtain, or attempt to obtain, a Certificate of
Safety for a vehicle which has not completely and satisfactorily passed a Safety
Test as set forth in these Rules. Possession by a vehicle owner or operator of a
Certificate of Safety which is not firmly affixed to a vehicle, or is affixed in other
than the prescribed location shall be prima facie evidence of obtaining a
Certificate of Safety without a Safety test. Said possession shall also be prima
facie evidence that the Certified Safety Tester issued the Certificate of Safety
without a Safety Test. Any Certificate of Safety which is obtained without an
actual Safety Test and contrary to these Rules and Regulations shall be of no
benefit nor advantage to the vehicle owner or operator. If, as the result of an
Administrative Hearing or filing of voluntary Waiver of Hearing, the Secretary of
the Department makes a determination of a defendant's guilt, each Certificate of
Safety involved in the action shall be confiscated immediately by personnel of the
Department from any person possessing illegally obtained Certificates or from
any vehicle displaying illegally obtained Certificates or from any vehicle display
illegally obtained Certificates. The Department assumes no liability for the cost
of reinspection of such vehicles.
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k)
Each Certificate of Safety illegally issued or illegally obtained shall be separate
and distinct violation of these Rules.
l)
Any vehicle which is exempted by the Illinois Department of Transportation or by
Illinois Revised Statutes, Chapter 95½, Illinois Vehicle Code, Section 13-101, et
seq., as amended, may be safety tested and a Certificate of Safety issued provided
the vehicle passes the Safety Test and Test Specifications. Such Certificate shall
not be displayed after its expiration date.
m)
The Certificate of Safety shall become void if removed. Any such void
Certificate shall not be re-affixed to the same vehicle or a different vehicle. If the
original Certificate is mutilated, destroyed, or voided within sixty days through
normal wear or replacement of vehicle parts, the vehicle owner shall immediately
return the vehicle to the original issuing Station, which will issue a replacement
Certificate without additional charge. The old Certificate, if available, must be
returned to the Section on Form No. SVI-1280. The Station shall initiate a new
Vehicle Inspection Report by completing the face thereof, and coding the
"Replacement C/S" field in Item No. 13. If the vehicle is presented to a Station
other than the original, or if more than sixty days has elapsed since the original
test was performed, the prescribed fee shall be charged, and an inspection form
shall be completed.
n)
A police report must be presented to the station owner by the driver of a vehicle
who requests a replacement for a lost, destroyed or stolen Certificate of Safety.
o)
Certificates of Safety shall not be written upon, stamped, or defaced by any
person.
p)
No person shall duplicate, alter, reproduce, manufacture or create by any manner
or means a Certificate of Safety or facsimile thereof. Such persons shall be
prosecuted for forgery under the Illinois Revised Statutes, Chap. 38, Sec. 17.3.
q)
Each damaged or mutilated Certificate must be returned to the Section, by
Certified Mail, attached to Form No. SVI-1280. (See also, Section
448.100(c)(5)).
r)
No Station shall borrow or receive any Certificate of Safety from another Station,
nor shall any Station lend or give any Certificate to another Station. All
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Certificates must be received from the Vehicle Inspection Section Office or
authorized personnel of the Department.
s)
Each and every unused Certificate of Safety issued to the Station shall be
immediately returned by the owner to the Section by Certified Mail or authorized
personnel of the Department if testing operations are discontinued.
t)
Illinois Law, in Sections 13-101 and 13-114 of the Illinois Vehicle Code (Illinois
Revised Statutes, Chapter 95½), exempts certain vehicles from submitting to a
safety test and displaying an Illinois Certificate of Safety.
u)
Emergency Procedures for reordering Certificates of Safety:
1)
Send telegram to:
Department of Transportation
Vehicle Inspection Section
DC TL OK
Sangamon County Illinois
2)
3)
Note: The reorder for Certificates of Safety will not be processed if any of
the following information is not included in the telegram.
A)
Number of Certificates of Safety requested.
B)
Complete test lane number (4 digits).
C)
Complete name of Official Testing Station.
D)
City in which test land is located.
E)
Full name of person sending telegram.
F)
Complete telephone number of lane.
You may pick up a Certificate reorder by presenting a completed order
card, Form No. SVI-1274, at:
Vehicle Inspection Section
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
320 W. Washington 2nd floor
Springfield, Illinois
Section 448.110 Official Test Procedure
a)
Each unit of a combination of units must have a separate official vehicle
inspection report.
b)
When a vehicle is presented for a safety test, the owner, the Certified Safety
Tester or other Station employee shall complete the following parts of the vehicle
inspection report by printing the following information. Use only No. 2 lead
pencil.
1)
Enter the four-digit station number in the 4 left-most positions in field
#11.
2)
Enter the date of the original test in field #8.
3)
From the owner's registration card, enter the year of the vehicle in field #1.
If the vehicle model year is 1959 or older, only one bubble is marked. If
the vehicle model year is 1960 or 1970 only one bubble's marked. If the
vehicle model year is anything else, a combination of either the "1960" or
"1970" bubble and the appropriate unit bubble are marked.
4)
If the vehicle is newly purchased and has no registration card, obtain the
information from other proof of ownership.
5)
If the vehicle belongs to a dealer, it must have dealer's registration plates
attached.
6)
Do not proceed with the safety test until the driver of the vehicle can
produce an owner's registration card or proof of ownership.
7)
Enter the Vehicle Type in field #2.
8)
Enter Vehicle Make in field #3 or the Trailer Make in Field #4.
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NOTICE OF PROPOSED REPEALER
c)
9)
Enter the License Plate number in field #5. If the vehicle is newly
purchased and license plates have been ordered, enter the word "none" in
field #5.
10)
Mark the name of the state issuing the registration plate in field #6. If the
registration state is not shown in field #6, ignore this field.
11)
Enter the Fleet Number of the vehicle, if applicable, on the bottom line in
field #22.
12)
Enter the number of single-wheel and double-wheel axles in field #15.
13)
Enter the odometer reading in the boxes provided in field #10; however,
only code the bubbles for thousands of miles.
14)
Enter the Vehicle Identification Number (VIN) as shown on the
registration card or other proof of ownership in field #7, writing the first
number or letter in the left-most position. Omit any hyphens or spaces
that may appear in the VIN.
15)
Print the name and complete address of the vehicle owner as shown on the
registration card or other proof of ownership in Item 1 on the reverse side
of the Vehicle Inspection Report. On a vehicle with dealer registration
plates, insert the name and address of the dealership.
Only a Certified Safety Tester may complete the following safety procedure.
1)
The Certified Safety Tester shall make a physical check of the VIN on the
vehicle, and the VIN on the Vehicle Inspection Report to determine if
each is identical to the VIN shown on the registration card or proof of
ownership. Do not proceed with the test if the numbers do not agree.
2)
The Certified Safety Tester will remove completely any Illinois Inspection
Certificates of Safety affixed to the vehicle before proceeding with the
test.
3)
The Certified Safety Tester will take possession of the vehicle to be safety
tested. The Certified Safety Tester will enter his two-digit safety tester
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
I.D. in the 2 right-most spaces in field #11, his initials in field #12, and the
time of possession in field #9.
4)
The Certified Safety Tester will use all of the appropriate testing
equipment to test those components listed in field #13, coding the
appropriate bubbles for any defects found in the course of the safety test.
All testing equipment shall be in proper operating condition at the time it
is used to test a vehicle.
5)
Proceed to test all vehicle components listed in field #13 according to the
Test Specifications in Sections 448.140, 448.150, 448.160 and 449.170.
Complete the entire test, even though the first item, or any number of
other items, may be defective.
6)
Enter the time of completion of the test in field #14.
7)
If the Vehicle Passes the Test, enter the number of the Certificate of Safety
in field #12 and personally affix the Certificate of Safety to the vehicle,
entering the date and time applied in fields #19 and #20.
8)
Vehicles with windshield – The Certificate of Safety shall be applied as
close as possible to the extreme bottom of the windshield glass in the lefthand corner.
9)
Vehicles without windshield (trailer or semitrailer) – The Certificate of
Safety shall not be placed in any plastic envelope, behind or on a glass
frame, or in any compartment of the vehicle. It shall be firmly affixed
with the adhesive on the Certificate of Safety directly to the exterior
surface of the vehicle. This surface must be a permanent part of the body
of the vehicle which cannot be removed from the vehicle. The Certificate
of Safety shall be affixed to the left side of the vehicle at the lower corner
of the leading edge of the vehicle above the "bump rail." If no permanent
part of the body exists, then affix the Certificate of Safety to the "bump
rail." The surface of the Certificate of Safety shall face at approximately
90 degrees from the body of the vehicle. (See Illustration B).
10)
If the vehicle does not pass the test, do not complete field #19, #20, or
#21. No repairs or adjustments shall be initiated without the express
permission of the vehicle owner or driver. If the owner or driver wishes
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
you to repair or adjust the defect, do so. Then retest only those items
which were defective, and complete field #19, #20, and #21.
d)
11)
If the vehicle does not pass the test, and the owner or driver does not want
the vehicle repaired or adjusted at the Station, do not complete fields #19,
#20, and #21.
12)
After performing 11.3.7, 11.3.10, or 11.3.11, ask the driver to place his
signature in Item 2 on the reverse side of the Vehicle Inspection Report.
13)
Complete fields #16, #17, #18, and #22.
14)
Enter in field #17 the total cost of those parts used, if any, to repair the
vehicle. Costs should be rounded to the nearest dollar.
15)
Enter in field #18 the cost of any labor to repair or make adjustments to
the vehicle. Costs should be rounded to the nearest dollar.
16)
Enter the test fee charged according to the posted Official Testing Station
Price Schedule in field #16.
17)
Enter figures from field #16, #17, #18, and the tax charged on parts and
the total of these four items in field #22.
18)
Certified Safety Tester is to sign his name on line in Item 3 on the reverse
side of the Vehicle Inspection Report.
19)
If the Certified Safety Tester conducting a retest on a vehicle is other than
the Certified Safety Tester conducting the original test, the second
Certified Safety Tester is to sign his name on line in Item 4 on the reverse
side of the Vehicle Inspection Report.
Disposition of Vehicle Inspection Reports – The owner of the Official Testing
Station shall ensure these reports are disposed of as follows:
1)
The first copy of the inspection report is to be held at the station until the
first Monday following the test. Each Monday the Vehicle inspection
Reports completed the preceding week should be mailed in the appropriate
envelopes to the Department of Transportation, 2300 South Dirksen
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Parkway, Room 319, Springfield, Illinois 62764. (Also see Section
448.110 (d)(5)).
2)
Give the second copy of this report to the driver. If the vehicle has been
rejected and the repairs or adjustments have not been made, explain to the
driver that his copy will allow him to take the vehicle to the place of his
choosing for repairs and then return to the station of retesting. Under no
circumstances can the rejected vehicle be operated to haul cargo or
provide transportation. First retest of repaired components by original
testing station within 30 days of original rejection is to be performed free
of charge (only rejected components need to be retested); regular test fees
are to be charged for two or more retest. A rejected vehicle which is
submitted to other than original testing station for retest must pass the
entire safety test procedures, and the regular test fee shall be charged.
Furnish driver of rejected vehicle one copy of card form No. SVI-1312
and explain that this form must be completed and mailed to the Vehicle
Inspection Section if he has his vehicle retested at a different lane.
3)
The third copy shall be filed in numerical order as determined by the serial
number of the Certificate of Safety issued and shall be grouped according
to calendar month (series number).
4)
Each completed third copy of the inspection report shall be preserved and
protected in the station premises for a period of not less than eighteen (18)
successive months following the month of issuance of the Certificate. The
Station owner or his authorized employee shall be responsible for proper
filing and preservation of the completed inspection reports, which shall be
available to Department personnel for inspection during regular business
hours.
5)
The first copy of the inspection report for any rejected vehicle should be
held at the station for 30 days. If at the end of that period the vehicle has
not returned for retesting, forward the first copy to this Section in the
following Monday's V.I.R. envelope.
Section 448.120 Forms, Records, and Reports
a)
All Certificates of Safety, forms, records, and reports which are required for the
operation of an Official Testing Station shall be prescribed and furnished by the
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section. They shall remain the property of the Department. All unissued
Certificates of Safety, forms, completed records, and reports shall be kept in a
secure place within the building which houses the Official Testing Station.
b)
1)
2)
c)
The station owner shall mount in a prominent place, within the lane or
immediately adjacent, a display board of sufficient size to contain the
following items which will be immediately posted upon receipt:
A)
The Official Testing Station Permit
B)
The Certificate of each Certified Safety Tester
C)
The Test Procedure Chart
D)
The Lighting Devices and Reflectors Chart
E)
The price list prescribed for the test fee and captioned "Price List"
F)
The address and phone number of the Vehicle Inspection Section
The above items shall be covered and protected, either individually or as a
group, by a transparent material to preserve their neat and legible
appearance and also be readily visible to persons in the test lane area.
A Vehicle Inspection Report shall be completed for each Safety Test performed at
the Station. If a Certificate of Safety is issued to the tested vehicle, then the
completed Vehicle Inspection Report shall indicate the serial number of the
Certificate issued by the Station as well as all other required information. If the
tested has been rejected and has not returned to the Station at the end of 30 days,
then the Vehicle Inspection Report for those vehicles shall be mailed to the
Section in the following Monday's V.I.R. envelope.
1)
A rejected vehicle that is returned for a retest to the original Official
Testing Station within 30 days of the original safety test and rejection shall
be retested free. Parts and labor may be assessed if defects are corrected.
A Certificate of Safety shall be issued if the vehicle meets all test
requirements.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
d)
2)
A rejected vehicle that is returned for a retest to the original Official
Testing Station after 30 days of the original safety test shall be assessed
the appropriate test fees. A new Vehicle Inspection Report shall be
completed and parts and labor may be assessed if defects are corrected. A
Certificate of Safety shall be issued if the vehicle meets all test
requirements.
3)
A rejected vehicle that is returned for retest to the original Official Testing
Station two or more times for retest shall be assessed each time the
appropriate test fee. A Vehicle Inspection Report shall be completed and
parts and labor may be assessed if defects are corrected. A Certificate of
Safety shall be issued if the vehicle meets all test requirements.
4)
If the driver of a rejected vehicle wishes to secure repairs elsewhere, he
must be furnished one copy of Form No. SVI-1312 and advised that this
form must be completed and mailed to the Vehicle Inspection Section if he
has his vehicle retested at a different lane.
5)
A rejected vehicle that is presented for retest to a station other than the
original shall be assessed the appropriate test fee after completing an
entire test. A Vehicle Inspection Report shall be completed and parts and
labor may be assessed if defects are corrected. A Certificate of Safety
shall be issued if the vehicle meets all test requirements.
6)
The top copy of the Vehicle Inspection Report is to be held at the station
until the following Monday. Each Monday the V.I.R.'s completed the
preceding week should be mailed in the appropriate envelopes to the
Department of Transportation, 2300 South Dirksen Parkway, Room 319,
Springfield, Illinois 62764.
7)
Give the second copy of the Vehicle Inspection Report to the driver.
The last copy of each completed Vehicle Inspection Report shall be filed in
numerical order as determined by the serial numbers of the Certificates of Safety
issued and shall be grouped according to the calendar month. Each completed
Vehicle Inspection Report shall be preserved and protected in the Station
premises for a period of not less than eighteen (18) successive months following
the month of issuance of the Certificate. The station owner or his authorized
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
employee shall be responsible for proper filing and preservation of the completed
Vehicle Inspection Reports.
e)
The monthly tabulation of testing operations for a calendar month shall be made
by the Station owner or his authorized employee on the Monthly Station Report,
Form No. MSR-1-76-T, and shall be mailed to the Section by the 10th day of the
succeeding calendar month (See Section 448.100(c)(5)). A duplicate copy of the
completed Monthly Station Report shall be filed and maintained with the
respective calendar month group of Vehicle Inspection Reports at the Station. A
Monthly Station Report shall be submitted to the Section for each calendar month
that the Station has a permit, even if no vehicle tests were performed during said
month.
f)
All Certificates of Safety, forms, and completed reports stated in these Rules and
Regulations remain the property of the Department and personnel of the Section
shall have full access to inspection of these Certificates of Safety, forms, records,
and completed reports during Station business hours. All Certificates of Safety,
forms, records, and completed reports shall be surrendered immediately to the
Department or its personnel if testing operations at the Station are discontinued,
suspended, or revoked.
g)
It shall be the responsibility of the owner to maintain a sufficient supply of all
forms needed in the operation of the Official Testing Station. These forms may
be obtained from the Department by submitting an order, Form No. SVI-1274. It
will also be the owner's responsibility to ensure his employees utilize the proper
forms.
Section 448.130 Supervision and Enforcement
a)
Supervise the Official Testing Stations and enforce the provisions of the Illinois
Vehicle Code and these Rules, as amended.
b)
Ascertain whether the tests are made properly, fairly, and honestly, have access to
all records and supplies which are the property of the State of Illinois, and to all
records of repair work, replacements, adjustments, or parts sold as a result of the
Safety Tests.
c)
Investigate all applicants for Official Testing Station Permits and Certified Safety
Tester Certificates.
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NOTICE OF PROPOSED REPEALER
d)
Inspect building dimensions, operability of entrance and exit doors, cleanliness
and orderliness of the building, and adjacent roadways or alleys for any
conditions which would affect ingress and egress.
e)
Inspect safety testing equipment for cleanliness and operability.
f)
Inspect those items required to be posted for cleanliness, legibility, and accuracy.
g)
Conduct written examinations and proficiency tests for the safety testing of
vehicles and operation of safety testing equipment for those persons desiring to
become Certified Safety Testers.
h)
Request the owner to close an Official Testing Station when safety testing
equipment is so dirty that it cannot render accurate results, or when any of the
safety testing equipment is not operative or needs adjustment. All Certificates of
Safety on hand at the Official Testing Station may be confiscated and held by the
Department employee or the Vehicle Inspection Section office until the safety
testing equipment has been cleaned so as to render accurate results or repaired so
that proper safety tests may be given. An authorized employee of the Department
must approve the condition of the lane before it is reopened for testing vehicles.
The Certificates of Safety will be returned to the Official Testing Station when a
proper test can be given according to these Rules.
i)
Instruct Official Testing Station Permit Holders and Certified Safety Testers in
the proper method of completing forms and reports used in the Safety Test
Program. The Department employees will not complete the forms and records for
the Permit Holder or Certified Safety Testers.
j)
Not solicit or accept any monies, gifts, services, or favors for political
contributions, supplies furnished, services performed, safety testing equipment
purchased or sold, cost of doing business, or for any other activity or reason
including "goodwill".
k)
Inspect the Vehicle Inspection Reports for completeness, legibility, and
chronological and sequential filing.
l)
Inspect the duplicate copy of the Monthly Station Reports which are filed with the
Vehicle Inspection Reports for that calendar month.
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NOTICE OF PROPOSED REPEALER
m)
Inspect the Certificates of Safety at each Station for numerical sequence and
storage security.
n)
Investigate all complaints lodged against an Official Testing Station or Certified
Safety Tester.
o)
Additionally monitor the Official Testing Stations and the procedures used in
conducting Safety Tests through the use of both marked and/or unmarked
vehicles.
p)
Intelligently perform all assigned duties and follow all lawful orders issued by the
Department.
q)
Enforcement and Penalties
1)
Employees of the Department will enforce these Rules through the use of
voluntary suspensions, or Administrative Hearings conducted by the
Secretary or his duly authorized representatives.
2)
Authorized employees of the Department may issue Warning Tickets
and/or Citation/Complaints to Official Testing Station Permit Holders and
their employees for infractions of the Illinois Revised Statutes, the Illinois
Vehicle Code, and the Rules, as amended.
3)
The Secretary will determine the innocence or guilt of the defendant, and,
following a determination of guilt, will assess penalties for violations of
the Illinois Revised Statutes, the Illinois Vehicle Code and/or the Rules
(92 Ill. Adm. Code 450), as amended, alleged on the Citation/Complaint.
4)
The "Rules For Vehicle Inspection Section Hearings", as amended, shall
govern the practices and procedures of all Administrative Hearings
conducted by the Vehicle Inspection Section.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
14.1
ONLY VEHICLES WITHOUT CARGO MAY BE TESTED
14.1.1
Vehicles having a compartmentalized body containing tools or other
working equipment (such as vehicles operated by telephone, gas electric
companies, etc.) which do not exceed the maximum capabilities of the
testing equipment may be tested.
14.1.2
Vehicles equipped with specially fabricated attachments or fixtures
designed for transporting special cargo (livestock, radio-active materials,
etc.), which would require an exorbitant amount of time to dismantle, may
be tested (without cargo).
14.1.3
Vehicles equipped with permanently mounted equipment (camper body,
compressor, winch, or lifting device) and licensed with weight plates that
do not exceed the maximum capabilities of the testing equipment may be
tested.
14.1.4
If the station owner believes the total weight or size of a vehicle might
damage the station or the testing equipment, he may refuse to test the
vehicle. If the station owner accepts a vehicle for testing, he must assume
total liability for damages to the station or the testing equipment cause by
vehicle build, weight, or mass.
14.2
The component systems listed in this Appendix may be tested in any order
suitable to the Certified Safety Tester provided that each component
applicable to the test vehicle is tested. The test vehicle must equal or
exceed the minimum specification listed for each applicable component
before a Certificate of Safety is issued to the test vehicle.
14.3
INCOMPLETE VEHICLES (CHASSIS, CHASSIS-CAB, ETC., ONLY).
An incomplete vehicle must be tested for compliance to all applicable equipment
standards. If the incomplete vehicle meets all requirements a Certificate of Safety
shall be issued immediately. If the incomplete vehicle does not meet all
requirements (most incomplete vehicles lack adequate splash guards, rear turn
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
signals and clearance light-reflector systems), then no Certificate shall be issued.
The vehicle shall be treated as a "Rejected Vehicle", and the Certified Safety Tester
shall give the second copy of the Vehicle Inspection Report to the driver to be
carried by him while the vehicle is being moved for completion or repair. The test
fee is due at the time of the original test. No additional fee may be charged if the
vehicle is returned to the original testing station for a retest within sixty days of the
original test.
14.4
TIRES AND WHEELS
14.4.1
TIRE AND WHEEL DEFINTIONS
BEAD –
That part of the tire usually made of steel wires, rubber,
and ply cords that is shaped to fit the rim.
BOTTOM OF THE
TREAD GROOVE
–
The portion of a tread groove nearest the carcass.
CARCASS –
The tire structure, except the tread and the portion of
sidewall rubber outside the cords.
CIRCUMFERENCE OF THE
TIRE –
A closed line around the tire perimeter that lies
approximately in a plane perpendicular to the axis about
which the tire rotates when in use.
CORD –
A filament or strand of non-rubbery material woven
with others or laid parallel with others to form a layer or
ply in a tire carcass.
DEPTH OF
TREAD –
(See "Tread Groove Depth").
GROOVE –
(See "Tread Groove").
PLY –
A layer of rubber-coated parallel or woven cords,
including those laid under a tread in the form of a
circumferential belt.
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RECUT –
(See "Regroove").
REGROOVE –
The deliberate deepening of existing tread grooves or
tread wear indicators by cutting, burning, or other
means or the deliberate forming (by cutting, buring, or
other means) of a groove or grooves other than the
groove(s) molded by the tire manufacturer or retreader.
RIM –
The metal that supports a tire and that is located
between the tire and either the wheel disc or the wheel
spokes when on a road wheel. The rim may be integral
with, permanently or temporarily attached to, or
separate from the wheel.
SEPARATION –
A parting or pulling away from the adjacent portion(s)
of the tire material or carcass.
SIDEWALL –
The portion of a tire between tread and bead.
TIE BAR –
Rubber that is molded across a tread groove and braces
or stabilizes tread elements.
TIRE –
CIRCUMFERENCE
(See "Circumference of the Tire").
TREAD –
The thickness of tire rubber that is located outside the
carcass and that normally comes into contact with the
roadway as the inflated tire wears during use.
TREAD
ELEMENT –
TREAD
GROOVE –
A distinct portion of the tread (such as a rib, lug, or
knob) that comes into contact with the surface of a
smooth, paved road while the properly inflated tire
carries its normal service load.
A 3/32 inch (2.4 mm) or wider space between adjacent
tread elements.
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TREAD
GROOVE –
DEPTH
TREAD WEAR –
INDICATOR
14.4.2
The shortest distance from a plane in tangential contact
with two adjacent tread elements to the bottom of the
tread groove that is located between the adjacent tread
elements.
A molded hump that stands 2/32 of an inch (1.6 mm)
above the bottom of a tread groove.
Recommendation:
The inflation pressure of each tire should be checked
against the vehicle manufacturer's recommendations
(see decal or owner's manual). Pressure lower or higher
than recommended is not cause for rejection. All tire
pressures should be correct before beginning the test.
PROCEDURES – TIRES AND WHEELS
A.
REJECT VEHICLE IF:
Inspect for tire tread wear.
1.
Tires with tread wear
indicators.
1.
Tread wear indicators contact
the road in any 2 adjacent
grooves at 3 equally spaced
intervals around the
circumference of the tire (Fig.
14-2).
2.
Tires without tread wear
indicators: Use tread depth
gauge. Do not measure on a
tire-bar, groove hump, fillet,
or tread wear indicator.
2.
Tread groove depth is less
than 2/32 inch in any 2
adjacent grooves at 3
essentially equally spaced
intervals around the
circumference of the tire.
(Fig. 14.3).
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NOTICE OF PROPOSED REPEALER
3.
Tires without tread wear
indicators and with
noncircumferential grooves,
or "spaces," between the tread
elements (as in snow, mud,
lug, knob, or traction treads):
If tire has tread wear
indicators, use procedure No.
1.
3.
Tread groove depth is less
than 2/32 inch when measured
in a major groove at a point
half way between the center
of the tire and the outside of
the tread at 2 essentially
equally spaced intervals
around the circumference of
the tire. (Fig. 14-4 and 14-5).
4.
Tires with treads that are bald,
partially bald, cupped, dished,
or unevenly worn.
4.
The lateral width of any bald
area (measured across the tire
between bordering grooves) is
¼ or more of the tread width
(measured across the tire
between the outer edges of the
outermost tread elements).
Dimension "B" in Fig. 14-5 is
¼ or more of dimension "T".
AGENCY NOTE: "Bald"
means without a groove (See
definition of groove).
B.
Inspect for visible cord damage and
exposure of ply cords in sidewalls
and treads, including belting
material cords.
B.
A broken or cut cord can be seen.
Rubber is worn, cracked, cut, or
otherwise deteriorated or damaged
so that a cord can be seen – either
when the tier is not touched or
when the edges of the crack, cut or
damage are parted or lifted by
hand. (Fig. 14-6)
C.
Inspect for evidence of tread or
sidewall separation.
C.
Tire has bump, bulge, knot or other
evidence of partial carcass failure,
air seepage, or loss of adhesion
between carcass and tread or
sidewall.
D.
Inspect for regrooved or recut
treads.
D.
Tread has been regrooved or recut
on a tire that does not have the
word REGROOVABLE molded
on or into both sides of the tire.
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NOTICE OF PROPOSED REPEALER
AGENCY NOTE: Federal
standards (49 CFR 369) require
tires marked REGROOVABLE to
have sufficient tread rubber that,
"After regrooving, cord material
below the grooves shall have a
protective covering of tread
material at least 3/32 – inch thick."
E.
Inspect tires for legible markings
showing size designation and
carcass construction.
(See definition of "recut" and
"regroove").
E.
A tire on a road wheel does not
exhibit a legible size marking and
a legible construction marking.
F.
Tires on the same axle are either
not the same size designation, or
not an equivalent size designation
recommended by the vehicle or
tire manufacturer. A tire of bias or
bias-belted construction is installed
on any road wheel of a vehicle
equipped with a tire of radial
construction on any road wheel.
AGENCY NOTE: "R" in size
designation shows radial
construction. More plies at tread
than sidewall shows belted
construction. Same number of plies
at tread and sidewall, without a
belted or radial indication, shows
plain bias construction.
F.
Inspect tires for size designation
and for matched construction.
AGENCY NOTE: "Construction"
refers to bias, bias-belted, or radial
arrangements of ply cords in the tire
carcass.
G.
Inspect each dual tire assembly.
G.
A tire exceeds the diameter (not
width) of its mate by ½ inch (¼
inch radius) or more; or one tire
touches its mate.
H.
Inspect valve stems.
H.
A valve stem leaks; or is cracked;
or is either damaged or positioned
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so as to hamper pressure checking
or inflation; or shows evidence of
wear because of misalignment.
I.
Inspect tire and road wheel
assemblies.
I.
A tire or wheel is rubbing against
any portion of the suspension,
chassis, or body.
J.
Inspect all wheel and rim bolts,
nuts, studs, lugs, locking rings, etc.
Each cover, cap, or decorative ring
that obscures any of these items
must be removed prior to the
inspection.
J.
Any wheel or rim securing device
such as a nut, bolt, stud, lug, ring,
or other type securing device is
loose, missing, or cracked.
K.
Inspect for visible wheel damage.
K.
Wheel locating hole(s) are
elongated, oversize, or "wallowed
out". Any part of a wheel or rim is
cracked, repaired by welding or
rewelding, or damaged so as to
cause unsafe operation of the
vehicle.
14.6
STEERING, ALIGNMENT AND SUSPENSION
The steering system of the vehicle must be inspected to determine if excessive wear
and/or maladjustment of the linkage and/or steering gear exists. Vehicle must be tested
on a dry surface. On vehicles equipped with Power Steering, the engine must be running
and the Power Steering fluid level and belt tension on the Power Steering unit must be
adequate before testing.
PROCEDURE – STEERING AND ALIGNMENT
REJECT VEHICLE IF:
A.
A.
POWER STEERING
1.
Inspect power steering belts for
proper condition and tension.
1.
Belts are badly frayed or
cracked on inner edge.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
B.
2.
Visually inspect gear, hoses,
tubes, connector, cylinders,
valves, pump, and pump
mounting.
2.
Any hose, tube, or
connector has been
rubbed by moving parts;
leakage at any point in
the system; gear, pump
mounting, or connector
is loose or broken.
3.
Inspect fluid level in reservoir.
(Wipe dirt from cover before
removing).
3.
Fluid below
recommended level.
BINDING OR JAMMING
B.
Binding or jamming occurs
other than at stops.
C.
A point on the steering wheel
moves more than the value
show in Table 14-1 before
perceptible return movement
of the wheel under
observation.
Turn steering wheel through a full right
and left turn and feel for binding or
jamming conditions.
C.
LASH OR FREE PLAY. (Fig. 14-7).
TABLE 14-1, STEERING WHEEL
FREE PLAY VALUES
Steering wheel
maximum
diameter
(inches)
Lash (inches)
measured at
maximum
circumference
18 or less
18
20
22
2
2¼
2½
2¾
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NOTICE OF PROPOSED REPEALER
D.
COLUMN JACKET AND SUPPORT
BRACKET
D.
Column support bracket is not
properly tightened or bolts are
missing.
E.
Steering shaft moves up and
down.
F.
Any spokes are missing or if
reinforcement is exposed.
G.
Horn control is missing.
Horn not audible (Note –
Horn button, ring, or other
control may be located
anywhere in cab that is
readily accessible to driver).
Visually inspect to determine that column
support bracket is properly tightened and
all bolts are present.
E.
STEERING SHAFT MOVEMENT.
Grasp steering wheel with both hands and
attempt to move vertically
F.
STEERING WHEEL
Inspect steering wheel condition.
G.
HORN CONTROL
Inspect for presence of horn control.
14.7
The steering system and related linkage and parts must be inspected to determine
possible wear or damage at all points.
14.8
Wheel bearings out of adjustment can cause wander, erratic front brake action,
and noise due to interference of parts.
PROCEDURE – WHEEL BEARINGS
REJECT VEHICLE IF:
With the front end of the vehicle lifted so
Relative movement between drum and
as to load any ball joints, grasp the front
backing plate, measured at the tie, is ¼
tire top and bottom. Rock it in and out,
inch or more.
and record movement. To verify that any
looseness detected is in the wheel bearing,
notice the relative movement between the
brake drum or disc and the backing plate or
splash shield. (Fig. 14-8).
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
AGENCY NOTE: Wheel bearing play can
be eliminated by applying service brakes.
14.9
"Out of limits" linkage free play might cause wheel shimmy, erratic brake action
and steering control problems. Make sure any looseness detected is not wheel
bearing free play by applying service brakes during the inspection of this item.
(Driver or person other than Certified Safety Tester may apply service brakes).
PROCEDURE – STEERING LINKAGE
A.
REJECT VEHICLE IF:
For trucks with single "I" beam or
A.
tube type front axle, hoist truck under
axle. For trucks with twin "I" beam
type front axles or with "A frame"
control arms, each axle or arm must
be hoisted independently, as shown in
Figs. 14-9 and 14-10 so as to load the
ball joints. Grasp front and rear of
tire and attempt to shake assembly
right and left to determine linkage
looseness. Record movement at
extreme front and rear of tire (Fig. 1411).
AGENCY NOTE:
Measurement is found to be in
excess of:
Rim Diameter
16" or Less
17" and 18"
over 18"
¼"
⅜"
½"
Excessive looseness in the steering suspension on all
General Motors light duty trucks should not be confused
with the normal idler arm movement. Use of the proper
diagnosis and checking procedures is essential to prevent
needless replacement of the idler arm. This type of idler
arm (Fig. 14-12) uses a rubber bushing designed to hold the
arm in alignment with the stud end, and will exhibit a
noticeable movement or lash when an excessive amount of
pressure is applied to the end, even when the part is brand
new. If excessive looseness is detected when performing
the inspection in paragraph 14.10A and that looseness is
traced to the idler arm, then the following checking
procedure is required.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
a.
Raise the vehicle in such a manner as to allow the front wheels to rotate
freely and the steering mechanism freedom to turn. Position the wheels
in a straight ahead position.
b.
Using a push-pull type spring scale located as near the relay rod end of
the idler arm as possible, exert a 25 lb. force upward and then downward
while noticing the total distance the end of the arm moves. This distance
should not exceed ⅛" (Fig. 14-13). It is necessary to insure that the
correct load is applied to the arm since it will move more when higher
loads are applied. It is also necessary that a scale or ruler be rested
against the frame and used to determine the amount of movement since
observers tend to over-estimate the actual movement when a scale is not
used.
AGENCY NOTE: Jerking the right front wheel and tire assembly back
and forth thus causing an up and down movement in the idler arm is not
an acceptable method of checking since there is no control on the amount
of force being applied.
PROCEDURE – STEERING LINKAGE
B.
14.10
ON "I" beam axle system inspect
tightness of pitman arm and all
steering linkage. Drag link and tie
rod ends must be mechanically
locked by cotter pin or other
element.
REJECT VEHICLE IF:
B.
Excessive play is found in drag
link, tie rod ends, steering box,
etc.
PROPER USE OF WHEEL ALIGNMENT INDICATOR.
1.
Those vehicles whose front axle has independent suspension should not
be driven over the wheel alignment indicator immediately after the front
end has been raised. A false reading may occur if the vehicle front end
is lowered and then within a few feet driven across the alignment
indicator. The front wheels will not have had sufficient distance to
resume their normal tracking. The vehicle should either be raised after
crossing the wheel alignment indicator or should be backed up ten feet
or more before being driven forward across the indicator.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
2.
Sagging springs, broken torsion bars, worn or deteriorated bushings,
loose shackles, or "U" bolts mislocated or loose can cause vehicle
instability and/or brake pull.
14.10.2
SAGGING SPRINGS
PROCEDURE – WHEEL ALIGNMENT
A.
SPRINGS
REJECT VEHICLE IF:
A.
Visually inspect front and rear for
broken leaves or bar damage.
Inspect spring shackles, bushing,
"U" bolts, steering stops, and center
bolt in springs. (Front end may
have to be jacked up to perform this
inspection.)
14.11
Springs or torsion bars are
broken. Shackles or "U" bolts
worn or loose. Center bolt in
springs sheared or broken.
Steering stops allows tire to rub
on frame or metal. Any leaves
are cracked, or shackle, shackle
pins, hangers, or "U" bolts are
worn or loose.
Excessive toe-in or toe-out is a general indication that complete check should
be made of all front wheel alignment factors (caster, camber, steering axis
inclination). (Fig. 14-14).
PROCEDURE – TOE–IN, TOE–OUT
REJECT VEHICLE IF:
A.
A.
TOE–IN, TOE–OUT (Fig. 14-15).
More than 30 feet per mile on
the approved side slip indicator.
With wheels held in a straight ahead
position, drive vehicle slowly over
the approved drive-on side slip
indicator.
14.12
SHOCK ABSORBERS
PROCEDURE – SHOCK ABSORBERS
A.
REJECT VEHICLE IF:
With vehicle on level surface,
A.
bounce one corner of vehicle and
determine the number of times
vehicle bounces before leveling off.
Vehicle continues bouncing
more than two cycles, indicating
loss of shock absorber function.
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NOTICE OF PROPOSED REPEALER
B.
C.
14.13
With vehicle on a hoist or jacked
B.
up, visually inspect shock absorbers
for excessive leakage, looseness of
mounting, brackets, and bolts.
PHYSICALLY GRAB upper and
C.
lower portion of shock inspecting
for looseness in rubber bushing,
mounting brackets, or bolts.
Severe Leakage (not slight
dampness) occurs.
Mounting bolts or mounts are
broken or loose, or rubber
bushing is partially or
completely missing.
AIR SUSPENSION: Inspection of such systems consists mostly of checking
for air leaks, proper height, and ride level. Most commercial buses, some
trucks and trailers will have this type of suspension.
CAUTION: Certified Safety Tester is not to use a creeper underneath vehicle
because there may not be enough room when air is drained from bellows.
PROCEDURE – AIR SUSPENSION
A.
B.
C.
A vehicle should be properly
jacked or positioned over pit; drain
entire system of air, start engine
and observe air pressure gauge.
Determine pressure at which air
begins to lift vehicle to normal
position.
AGENCY NOTE: Pressure
regulator valve should not allow
air into the system until at least 55
P.S.I. is in braking system.
With air at normal operating
pressure, observe height and level
of vehicle relative to ground
surface. (This will indicate
function of pressure and height
control valves.)
With air in system at normal
operating pressure, inspect hoses,
connections, bellows for leaks and
REJECT VEHICLE IF:
A.
Air begins to flow into system
before 55 P.S.I. is indicated on
pressure gauge.
B.
Vehicle is resting on one or both
axles, or the vehicle is not level
(tilting to left or right).
C.
Air leakage rate is greater than 3
P.S.I. in 5 minute time period.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
D.
excessive deterioration. (Open air
operated doors and apply service
brakes fully.) (Fig. 14-16 and 1417.
Retractable axle(s). With air in
system at normal operating
pressure activate the axle lift
control switch, to the "up" and
"down" positions to check
function.
D.
Axle fails to respond properly to
the axle lift control switch.
14.14
GENERAL LAMP – INSPECTION LIMITS – General lamp inspection
includes the following types of lamps: head, tail, stop, license, clearance,
signal, marker, and identification.
14.15
VEHICLE LIGHTING.
PROCEDURE – LIGHTS AND LAMPS
REJECT VEHICLE IF:
MOTOR VEHICLES REQUIRE THE
FOLLOWING:
A.
1.
Head lamps: 2 or 4 white or amber
B.
2.
Turn Signals:
3.
Turn signals: (rear) (2) red or amber
C.
4.
Turn signals: (front) 2 double face
(front lens white or amber, rear lens
red or amber.)
D.
5.
Tail lamps: 2 red, one each on left and
right rear.
Stop lamps: 2 red, one each on left
and right rear. (Vehicles
E.
6.
Any bulb in any required lamp
or light fails to function
properly.
An improperly connected circuit
does not light the proper
filaments for the different switch
2 positions.
(front) white or amber
F.
A lens is cracked, broken, or
missing.
A lens is rotated, upside down,
wrongside out, or is otherwise
incorrectly installed.
A lens marked "left" or "right"
is not appropriately installed.
A headlamp or fog lamp has dirt
or moisture inside, any obvious
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
manufactured before 1968 may have
1 red stop lamp.)
discoloration, contamination or
reflector deterioration.
7.
Registration plate lamp:
1 white.
G.
8.
Parking lights: (front) white or
H.
amber. (Vehicles manufactured
before 1968 may have 1 parking light
on front.)
AGENCY NOTE: Tail lamps must
operate in conjunction with front
headlights and parking light(s).
I.
AGENCY NOTE: Clearance and
identification lights are not required to
operate off of same switch as head lamp.
J.
AGENCY NOTE: Stop lamps should be
checked with tail lamps illuminated to
determine whether they are properly
wired.
K.
L.
M.
N.
A lamp or light is not securely
fastened to the vehicle.
A lamp or light shows a beam of
color contrary to law or
regulations.
There are any defects in wiring
or lighting equipment that
would be likely to influence
adversely the effectiveness of
the lighting performance.
Any auxiliary equipment
placed on, in, or in front of the
head lamp is not a part of the
original approved equipment.
Beam indicator lamps do not
indicate the proper beam to the
driver and do not function
properly.
Any lamp or lens is turned or
inclined so that its light is not
properly directed.
Tail lamps and registration
plate lamp are not wired to the
switch which operates the
headlamps and the auxiliary
driving lamps if vehicle is so
equipped.
Area where lamp or light is
mounted is so rusted or
damaged that instability of
lamp or light results and correct
aim may not be maintained.
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
0.
14.15.1
Parking lights fail to function
properly.
ELECTRICAL WIRING.
PROCEDURE – ELECTRICAL WIRING
REJECT VEHICLE IF:
Make visual check
Wiring is frayed (including wiring
from tractors to trailers or other towed
vehicles.)
14.15.2
Special Requirements for Medical Transport Vehicles (MTV)
If an MTV passes each test as required in Appendix A of this Part, plus the
special tests of this subsection, that MTV is to receive a Certificate of Safety
(C/S). (The C/S is to be applied to the vehicle. Section 13-101 of the Illinois
Vehicle Inspection Law (Ill. Rev. Stat. 1987, ch. 95 ½, par. 13-101) requires each
MTV to be safety tested, even when the MTV is a first division vehicle.) First
division vehicles are defined as "Those motor vehicles which a re designed for
the carrying or not more than 10 persons." (Ill. Rev. Stat. 1987, ch. 95 ½, par, 1217).
Definitions:
Medical Transport Vehicle. "Includes ambulance, medical carriers, and rescue
vehicles" (Ill. Rev. Stat. 1987, ch. 95½, par. 1-142.2)
Ambulance. "Any publicly or privately owned vehicle which is specifically
designed, constructed or modified and equipped and is intended to be used
and is maintained or operated for this emergency transportation of persons
who are sick injured, wounded or otherwise incapacitated or helpless." (Ill.
Reg. Stat. 1987, ch. 95 ½, par. 1-102.01)
Medical Carrier. "Any publicly or privately owned vehicle which is
specifically designed, constructed or modified and equipped, and is intended
to be used for, and is maintained or operated for the nonemergency
transportation of persons for compensation for the purpose of obtaining
medical services." (Ill. Rev. Stat. 1987, ch. 95 ½, par. 1-142.1)
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Rescue Vehicle. "Any publicly or privately owned vehicle which is
specifically designed, configured, and equipped for the performance of
access and extrication of persons from hazardous or life-endangering
situations, as well as for the emergency transportation of persons who are
sick, injured, wounded or otherwise incapacitated or helpless." (Ill. Rev.
Stat. 1987, ch. 95½, par. 1-224).
Rescue Squad Vehicle. "A vehicle specifically designed, configured, and
equipped for the performance of access and extrication from hazardous or lifeendangering situations. However, if such vehicles have emergency medical
transport capability they must be classified as rescue vehicles as defined in
Section 1-224." (Ill. Rev. Stat. 1987, ch. 95½, par. 1-223)
A.
B.
1.
Each ambulance shall display special ambulance registration
plates. (Ill. Rev. Stat. 1987, ch. 95½, par. 11-1421(a)(5)
2.
Each ambulance and each rescue vehicle shall have a loud siren
producing an audible signal of an intensity of 100 decibels at a
distance of 50 feet from the siren and at least one lamp that emits a
bright oscillating, rotating, or flashing red beam, directed in part
to the front of the vehicle, and these lamps shall have with sufficient
intensity to be visible at 500 feet in normal sunlight. (Ill. Rev.
Stat. 1987, ch. 95½, par. 11-1421(a)(2)
3.
Report the testing of a Rescue Vehicle by marking item C in Field
#2 of the Vehicle Inspection Report (See Section 448.APPENDIX
J).
PROCEDURE:
REJECT VEHICLE IF:
Check registration plates on
Ambulance.
Ambulance does not display special
"ambulance" plates.
Check Rescue Vehicle or
Ambulance for required siren and
lamp.
Required siren or lamp is absent or not
in working condition.
1.
A Medical Carrier is not an emergency vehicle. It shall not have a
siren, whistle or bell. However, it may have a back-up alarm.
ILLINOIS REGISTER
2610
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
2.
A Medical Carrier may have a yellow (amber) oscillating, rotating,
or flashing lamp if it carries a copy of written authority issued by a
county board, by a municipality, or by some other board or body
that, under the Constitution and Laws of Illinois, also has authority
to enact traffic laws. (Ill. Rev. Stat. 1987, ch. 95½, par. 12-215(b)(8)
and 1-140)
3.
A Medical Carrier may have auxiliary turn signals on the roof, or
lower, if those signals are at the same height on each side. Front
turn signals shall be yellow or white. Rear turn signals shall be
either yellow or red. . (Ill. Rev. Stat. 1987, ch. 95½, par. 12-208(b))
Auxiliary turn signals shall be actuated only by the same control that
actuates the regular, or standard, turn signals.
4.
All turn signals may flash simultaneously on both sides to indicate
the presence of a vehicular traffic hazard which requires unusual
care in approaching, overtaking, or passing. (Ill. Rev. Stat. 1987,
ch. 95½, par. 12-212(b) and 11-804(d)) Auxiliary (top) and standard
(bottom) turn signals may alternately flash top and bottom, but not
alternately right and left. Any auxiliary turn signals shall be actuated
by the same control that causes the regular, or standard, turn signals
to flash simultaneously on both sides as vehicular hazard signal.
PROCEDURE:
REJECT VEHICLE IF:
Check Medical Carrier for siren,
whistle, or bell.
A siren, whistle, or bell is present.
(Do not reject because of back-up
alarm.)
Check Medial Carrier for oscillating,
rotating or flashing lamp(s).
An oscillating, rotating, or flashing
lamp;
Is present without legal written
authority in the vehicle, or
Is authorized but is not yellow.
Check turn signals, especially any
auxiliary turn signals.
Any turn signal is at wrong height, or
Any turn signal is wrong color, or
ILLINOIS REGISTER
2611
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
All turn signals do not operate from
same control.
Check vehicular hazard warning
system. (Sometimes called "4-way
flashers.")
C.
Lamps flash alternately right and left,
or
Any upper or lower pairs of turn
signals do not flash simultaneously, or
All turn signals are not actuated by the
same "hazard" control.
A Rescue Squad Vehicle is not a medical Transport Vehicle. (See
Definitions in this subsection.) Test and report a Rescue Squad Vehicle as
an ordinary truck, bus, or first division vehicle as the case may be. Do not
issue a Certificate of Safety to any Rescue Squad Vehicle of the first
division that might be submitted to a safety test.
14.16 LAMPS: CLEARANCE, IDENTIFICATION, AND SIDE MARKER. (Fig.14-18).
The following vehicles or combinations shall be equipped with two (2)
YELLOW OR AMBER clearance lamps on the vehicle front, ONE ON EACH
UPPER FRONT CORNER, and with THREE RED IDENTIFICATION
LAMPS in a HORIZONTAL LINE on the rear of the vehicle.
14.16.1
Every single vehicle longer than 25 feet.
14.16.2
Every combination of vehicles longer than 25 feet.
14.16.3
Every single vehicle wider than 80 inches.
14.16.4
Every combination of vehicles wider than 80 inches.
PROCEDURE – LAMPS: CLEARANCE
REJECT VEHICLE IF:
IDENTIFICATION, AND SIDE MARKER
Make visual check
It exceeds the preceding dimensions
and is not properly equipped.
AGENCY NOTE: The following safety devices shall be excluded from the
measurement when measuring any vehicle to determine the
ILLINOIS REGISTER
2612
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
vehicle width: (a) exterior, side-mounted mirror assemblies; (b)
side-mounted, turn signals; (c) front and rear bumpers; (d)
flexible fender skirts or mouldings; (e) side-mounted clearance
lamps and reflectors; and (f) any other light(s) or device(s)
required for safety purposes.
14.17
REFLECTORS – FRONT. (Fig. 14-18).
Those vehicles with the dimensions listed in 14.16.1, 14.16.2, 14.16.3, and
14.16.4 shall be quipped on each front lower corner of the body with on yellow
or amber reflector mounted WITHIN 12 inches of the LOWER LEFT and
RIGHT corners respectively with the reflective surface facing toward the
direction the vehicle travels in forward motion.
PROCEDURE – REFLECTORS – FRONT
REJECT VEHICLE IF:
Make visual check
Not properly equipped, or the
reflectors are cracked, broken, or
missing.
14.18
REFLECTORS – SIDE. (Fig. 14-18).
Every vehicle longer than 20 feet and every trailer or semitrailer with a gross weight
rating more than 3,000 pounds (registration plate Class TB or heavier) shall be equipped
with reflectors on each side of the vehicle, mounted 15 inches to 60 inches from the
surface of the road, with the reflector surface facing approximately at a 90 degree angle
from the body as follows:
14.18.1
YELLOW (amber) at EACH 1/3 POINT (approximately), or
14.18.2
YELLOW (amber) within 12 inches of front, and RED within 12
inches of rear, and YELLOW (amber) at midpoint
(approximately) IF 30 FEET LONG, or longer.
PROCEDURE – REFLECTORS – SIDE
Make visual check
REJECT VEHICLE IF:
Not properly equipped, or the
reflectors are cracked, broken, or
missing.
ILLINOIS REGISTER
2613
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
14.19
REFLECTORS – REAR. (Fig. 14-18).
The following vehicles or combination shall be equipped on EACH REAR
LOWER CORNER of the Body with one RED reflector mounted WITHIN 12
inches of the lower LEFT and RIGHT CORNERS respectively with the
reflective surface facing toward the direction from which the vehicle came
when in forward motion.
14.19.1
Every single vehicle longer than 25 feet.
14.19.2
Every combination of vehicles longer than 25 feet.
14.19.3
Every vehicle wider than 80 inches.
14.19.4
Every combination of vehicles wider than 80 inches.
14.19.5
Every trailer which has a gross weight (trailer or semitrailer plus
load) of more than 3,000 pounds.
PROCEDURE – REFLECTORS – REAR
REJECT VEHICLE IF:
Make visual check
Not properly equipped, or the
reflectors are cracked, broken, or
missing.
14.20
The reflectors shown on the side view and the identification lamps shown on
the rear view of tractors (Fig. 14-18) are required equipment if the tractor
operates alone (bobtail) during darkness.
14.21
HEADLAMP AIM.
Before checking beam aim, the Certified Safety Tester shall:
(1)
(2)
(3)
(4)
(5)
(6)
Remove ice or mud from headlights.
See that no tire is noticeably deflated.
Check springs for sag or broken leaves.
Check functioning of any "level-ride" control.
Clean lenses.
Check for bulb burn out and proper beam switching.
ILLINOIS REGISTER
2614
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
(7)
Rock the vehicle sideways.
AGENCY NOTE: Vehicles in use today generally are equipped with one of
two types of headlighting: The quad headlight system consisting of four 5¾
in. dia. sealed beam units or the two headlight system consisting of two 7 in.
dia. sealed beam units.
In the quad system, two lamps, identified by "1" on the lens, are single
filament lamps and provide the majority of the upper beam light. The other
two lamps, identified by "2" on the lens, contain two filaments each. One
filament operates in conjunction with the type "1" lamp and supplement the
upper beam by providing fill-in light. The other filament provides the entire
lower beam light.
The 7 in. dia. type "2" lamp, identified by "2" on the lens, contains two
filaments. One filament produces the upper beam and the other produces the
lower.
All type "2" lamps, regardless of size, must be aimed and tested on low beam.
USE APPROVED CALIBRATED HEADLAMP TESTER ACCORDING TO
MANUFACTURER'S INSTURCTIONS. It shall be in good repair and
calibration.
PROCEDURE – HEADLAMP TEST
REJECT VEHICLE IF:
A.
A.
Headlamp out of aim.
B.
Headlamp out of aim.
B.
UPPER BEAM AIM
Applies only to 5¾ inch Type "1"
sealed beam headlamp units.
LOWER BEAM AIM.
The following type headlamp units
are to be tested ONLY on the
LOWER BEAM:
1. 5 ¾ inch-Type "2"
sealed beam, or
2. 7 inch-Type "2"
sealed beam.
ILLINOIS REGISTER
2615
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
14.22
FRAME, CAB, AND BODY.
PROCEDURE – FRAME, CAB AND
BODY
A.
B.
C.
REJECT VEHICLE IF:
Inspect frame and cross member
assembly of chassis.
Visually check cab and body
attachment.
A.
Check fuel tank(s) to make certain
secured to vehicle, and that cap(s) are
present and capable of being
tightened.
C.
B.
D.
Proper functioning of tractor 5th
wheel (if vehicle so equipped).
D.
E.
PROTRUDING OBJECTS.
E.
Inspect for torn metal parts, moldings,
etc., which may protrude from
vehicle.
F.
BUMPERS.
Inspect bumpers for hazardous
condition or unsafe mounting. (If
vehicle is so equipped, inspect rear
bumper.)
F.
Frame or cross member is
broken or missing.
Body bolts or brackets (to
chassis) are loose, broken or
missing; body spacer block
missing or body not level with
chassis; cab or body is loose on
chassis.
1. Fuel tank(s) leaking; not
secured properly; cap(s)
missing, leaking, or not able
to be tightened.
2. Fuel tank has been added to
the interior of a "van" type
truck.
Cracked or operating mechanism
is loose, jams, or has badly worn
locking jaws.
Torn metal, glass, or other loose
or dislocated parts protrude from
the surface of the vehicle so as
to cause a safety hazard to
pedestrians or cyclists.
The front bumper is missing,
loosely attached, or protruding
crating a hazard to pedestrians,
cyclists, or other vehicles. (The
rear bumper, if vehicle is so
equipped, is loosely attached, or
protruding creating a hazard to
pedestrians, cyclists, or other
vehicles.)
ILLINOIS REGISTER
2616
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
G.
FENDERS.
G.
Any fender is missing.
H.
Inspect for removal of front or rear
fenders.
DOORS.
H.
Doors or door parts are missing,
broken, or sagging so that the
door cannot be properly
operated.
Inspect door latches, locks, hinges,
and handles for proper operation,
fastening, bad adjustment, broken or
missing component. (Try doors and
locks.)
I.
HOOD.
I.
Open hood and inspect safety catch
for proper operation. Close hood and
inspect for proper full closure.
Check hinges for proper operation.
J.
FLOOR, FIRE WALL, AND
OCCUPANT COMPARTMENT.
J.
Inspect floor, fire wall, and occupant
compartment.
K.
SEAT(S)
Inspect seat(s) for proper operation
of adjusting mechanism and to see
that they are securely anchored to
floor.
14.23
K.
AGENCY NOTE: Vehicles
originally designed and built
with doors, must have doors.
Hood does not open or hood
latch does not securely hold
hood in its proper fully-closed
position. Secondary or safety
catch does not function properly.
Hinge is broken, missing, or not
attached to body.
Floor, fire wall, or any part of
occupant compartment contains
holes which would cause a
hazard by permitting exhaust
gases to enter the occupant
compartment.
Seat(s) not securely anchored to
floor or adjusting mechanism
slips out of position when
braking or steering.
MIRRORS.
Every motor vehicle should be equipped with an inside rearview mirror and an
outside rearview mirror mounted on the left side of the vehicle, both of which
should have at least 3 square inches of reflective surface and be so located as to
ILLINOIS REGISTER
2617
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
reflect to the driver a view of the highway for a distance of at least 200 feet to
the rear of such motor vehicle.
Any vehicle submitted to a safety test that is either defective, equipped, or
constructed so that a driver does not have a clear view of the highway for a
distance of at least 200 feet to the rear of such motor vehicle by means of an
inside mirror shall be equipped with two outside mirrors; one on the right side
of the vehicle and one on the left side of the vehicle and each mirror should
have at least 3 square inches of reflective surface and be so located as to reflect
to the driver a view of the highway for at least 200 feet to the rear of such motor
vehicle.
PROCEDURE – MIRRORS
A.
B.
EXTERIOR REARVIEW
MIRROR.
From the driver's position visually
inspect exterior mirror on driver's side
for a clear and reasonable
unobstructed view to the rear. Look
for correct location, stable mounting,
cracks, sharp edges, unnecessary
protrusion.
INTERIOR REARVIEW MIRROR
REJECT VEHICLE IF:
A., B., & C.
1. Mirror not mounted on stable
support or is loosely mounted.
2. Mirror obscured by a pillar or
unwiped portion of windshield.
3. Mirror cracked, pitted, or
clouded.
4. Mirror missing.
C.
From the driver's position, visually
inspect interior mirror for proper
mounting, location, cracks, sharp
edges, and ease of adjustment.
If interior rearview mirror does not
provide a clear view of the highway
for a distance of at least 200 feet to
the rear of the vehicle, an exterior
rearview mirror with at least 3 square
inches of reflective surface shall be
located on the right side of the
vehicle.
(See Sec. 14.23A of test procedures.)
5. Forward vision is unsafely
obstructed by mirror assembly.
ILLINOIS REGISTER
2618
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
14.24
WINDSHIELD WIPERS.
Every bus, truck, and truck tractor, having a windshield, shall be equipped with
windshield wiper blade(s) equivalent to manufacturer's original equipment
specifications.
PROCEDURE – WINDSHIELD WIPERS
REJECT VEHICLE IF:
A.
Operate wipers. (If vacuum operated,
engine must be idling and control full
on.)
A.
B.
Inspect rubber element of blade(s).
B.
C.
Inspect metal parts of wiper blade(s)
or arm(s).
C.
D.
Raise arm away from windshield and
release.
D.
14.25
Wiper(s) fails to operate for full
stroke, or will not return to
proper "park" position out of
driver's critical view area when
shut off. Wiper(s) smears or
severely streaks windshield.
Blade(s) exhibits damaged, torn,
hardened, or physical
breakdown of rubber wiping
element.
Parts of blades or arm(s) are
missing, severely damaged, or
contacting glazing.
Arm fails to force the blade to
contact the windshield firmly.
WINDSHIELD WASHER.
All vehicles produced after January 1, 1969, must be equipped with windshield
washer systems. Any vehicle manufactured prior to this date is not required to
have a washer system, but if so equipped, they must be in operating condition.
PROCEDURE – WINDSHIELD
WASHERS
A.
Inspect for proper operation of hand
or foot control and an effective
amount of fluid delivered to the
REJECT VEHICLE IF:
A.
1. System fails to function.
2. Fluid in system is frozen.
ILLINOIS REGISTER
2619
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
outside of the windshield opposite
each outboard front seating position.
AGENCY NOTE:
14.26
3. System not capable of
cleaning an effective wash
area.
System must function when temperature is both above and
below the freezing point. Low fluid level is not a cause for
rejection, but advise driver.
VEHICLE GLAZING.
Vehicle Glazing (glass) originally installed in a vehicle must be marked with a
manufacturer's Trademark and followed by the words AMERICAN
STANDARD, or the letters AS followed by a number which indicates the
location in which that particular glass may be used, in accordance with the
following table.
14.26.1
If a vehicle is equipped with a replacement glazing which is
unmarked, the vehicle owner or driver must show an invoice, work
order, or receipt from the glass installer which states that safety
glazing was installed, the grade of glazing used (AS1, AS2, etc.) and
the vehicle location (left vent glass, windshield, etc.). If the Certified
Safety Tester is satisfied that the proper type of glazing is now
installed, the vehicle should not be rejected because of replacement
glazing. When a vehicle is rejected for a defective piece of glazing
the Certified Safety Tester should inspect the replacement piece of
glazing during the retest for the proper marking (AS1, AS2, etc.).
PROCEDURE – VEHICLE GLAZING
INSPECT
REJECT VEHICLE IF:
A.
For materials in window openings
other than glass.
A.
B.
All glazing for proper location in
vehicle. Vehicles must have
approved glazing installed in those
B.
Plywood, cardboard, or other
opaque material is used in any
window not blocked by
permanently installed body or
equipment.
Glazing not installed in
nonblocked window or improper
grad of glazing installed.
ILLINOIS REGISTER
2620
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
areas where glazing had been
installed by the vehicle manufacturer.
C.
Condition of glass.
1. Windshield – Critical area (i.e.,
those areas swept or wiped by the
full proper length of the blade(s)
of a properly functioning
windshield wiper.)
2. Side Vents, Front Door Windows,
and Side Windows.
C.
AGENCY NOTE: See Table
14.2 and vehicle glazing guide
(Fig. 14-19).
1. There are scratches or
abrasions in the critical area
which are more than ½ inch
wide and more than 6 inches
in length. There are any
"spider webs" or holes in the
critical area. There are any
"star chips" or "bullseyes"
(stone nicks) larger than 1½
inches in the critical area.
There is a crack where an
edge can be felt on the wiper
side of the windshield in the
critical are.
Discoloration extends more
than 3 inches up from the
bottom, or more than 1 inch
down from the top. (Fig. 1419).
2. Left front door window will
not roll completely down for
driver to give hand and arm
signals. Discoloration in the
vents, front door windows or
side windows extends more
than 3 inches up from the
bottom. There are any cracks
or sharp edges which permit
the glass to be moved or the
edges of which could inflect
a cut or injury. Glazing is in
such defective condition or
repair as to prevent the
driver's clear view to either
side.
ILLINOIS REGISTER
2621
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
3. Nonblocked Rear Window. (See
Sec. 14.23).
D.
For posters, labels, advertising.
D.
E.
For window application, reflective
material, non-reflective material or
tinted film on vehicles manufactured
during or after 1982.
E.
3. Discoloration or breakage of
nonblocked rear glass does
not permit a clear view at
least 200 feet to rear of
vehicle and two outside
rearview mirrors are not
provided. There are any
cracks or sharp edges which
permit the glass to be moved
or the edges of which could
inflect a cut or injury.
Glazing is in such defective
condition or repair as to
directly impair the driver's
view to the rear and two
outside rearview mirrors are
not provided.
There is any sign, poster, or
other nontransparent material on
the front windshield, side wings,
or side or rear windows which
would materially obstruct,
obscure, or impair the driver's
clear view of the highway or any
intersecting highway.
There is any window
application, reflective material,
nonreflective material or tinted
film upon the front windshield
(past 6 inches from top),
sidewings or side windows
immediately adjacent to each
side of the driver on vehicles
manufactured during or after
1982.
ILLINOIS REGISTER
2622
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Tinted film is permissible on windows
to the rear of the driver's seat. If
tinting is present, the vehicle must be
equipped with side mirrors on each
side.
Tinted film is acceptable 6 inches
from top of windshield.
14.27
Side mirrors are not present.
Tinted film extends past 6 inches
from top of windshield. (Ill.
Rev. Stat. 95½, par. 12-503, as
amended by P.A. 85-1144,
effective July 29, 1988)
EXHAUST AND FUEL SYSTEMS.
The EXHAUST SYSTEM includes the manifold(s) and piping leading from
the exhaust ports of the engine to and including the muffler(s), resonators, and
the tail piping.
The FUEL SYSTEM includes the fuel tank(s), fuel pump, and necessary
piping to carry the fuel from the tank to the carburetor.
PROCEDURE – EXHAUST AND FUEL SYSTEM
INSPECT
A. EXHAUST SYSTEM.
REJECT VEHICLE IF:
A.
1. There are loose connections
or leaking joints.
2. There are holes (other than
manufacturer's) or rusted
through places.
3. Parts of system are not
securely fastened.
ILLINOIS REGISTER
2623
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
4. Muffler cutout, bypass, or
similar device that allows
excessive noise is present.
(Noise is excessive if
vehicle emits more noise
than with original
equipment.)
5. Any part of exhaust system
passes through the
passenger compartment.
6. Exhaust system on any
"van" type truck does not
extend to outside edge of
unit or exhaust system on
any other truck does not
extend beyond the
passenger compartment.
B.
FUEL SYSTEM.
For leaks and secure mounting (fuel
tank(s), support straps, tube clamps,
fuel tank vent hoses and tubes.)
B.
7. Any exposed exhaust stack,
so located as to endanger
pedestrians or cyclists by
burning, does not have a
protective shield or
insulated lining to prevent
such burns.
1. There is fuel leakage at any
point in the system.
2. Any part of the system is
not securely fastened.
3. Any additional fuel tanks
added to the interior of van
type truck.
14.28
BRAKE SYSTEMS.
ILLINOIS REGISTER
2624
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
14.28.1
DEFINITIONS.
AXLE
The mechanical arrangement that transmits vehicle weight to
those wheels whose centers may be included between 2
parallel transverse vertical planes 40 inches apart extending
across the full width of the vehicle.
EMERGENCY
BRAKE
The system used for stopping the vehicle in the event of a
malfunction in the service brake system.
PARKING
BRAKE
The system used to hold and maintain a vehicle in a stopped
position.
SERVICE
BRAKE
The system routinely used for slowing or stopping a moving
vehicle by dissipating energy at drums or discs near the road
wheels.
TANDEM
AXLE
Any two or more consecutive axles whose centers are more
than 40 inches and not more than 72 inches apart, measured to
the nearest inch between any two adjacent axles in the series.
14.28.2
GENERAL STATUTORY REQUIREMENTS FOR BRAKES.
A.
B.
C.
Every motor vehicle shall be equipped with two (2) separate
means of applying the brakes and they shall be so constructed
that failure of any one part of the operating mechanism shall
not leave the motor vehicle without brakes. Reject
noncomplying vehicles.
Every motor vehicle shall be equipped with service brakes on
ALL wheels EXCEPT any truck, tractor or motor vehicle
having 3 or more axles need not be equipped with brakes on
the front wheels unless there are 2 steerable axles, 1 of which
shall have brakes on the wheels. Reject noncomplying
vehicles.
Any motor vehicle having more than one axle which has 2
wheel brakes only SHALL BE REJECTED.
ILLINOIS REGISTER
2625
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
D.
E.
14.28.3
Any trailer or semitrailer with a gross weight of 5,000 pounds
or more shall have service brakes on all road wheels. Reject
noncomplying vehicles.
Any trailer or semitrailer with a gross weight of 5,000 pounds
or more shall be equipped with brakes so designed and
connected that in case of an accidental breakaway from the
towing unit the brakes are automatically applied. Reject
noncomplying vehicles.
STATIC SAFETY TESTS FOR BRAKES
PROCEDURE – BRAKES
REJECT VEHICLE IF:
A.
Inspect all portions of drums, discs,
and linings that are visible without
removing wheels. If vehicle is
equipped with openings allowing
lining observation, remove covers
or plugs as necessary; visually
inspect linings; reinstall any covers
or plugs removed.
A.
Drum or disc is cracked through
to ventilated surface. Rivet,
shoe, or pad backing is rubbing
disc or drum. Lining is worn
past wear indicator, if vehicle is
so equipped.
B.
HYDRAULIC SYSTEM.
B.
1. Lamp fails to light when
proper procedure is followed.
1. Vehicle with brake system
failure indicator as part of
original equipment*. Apply
parking brake and start engine,
or follow other procedure
recommended by manufacturer.
Verify the indicator lamp is
operable.
*Required by federal rule, on
cars manufactured after
12/31/67; on other motor
vehicles manufactured after
8/31/75.
2. Apply heavy force (about 125
lbs. or as in a "panic" stop) to
2. Pedal moves toward floor
while heavy force is
ILLINOIS REGISTER
2626
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
brake pedal for 15 seconds with
engine running on vehicle
equipped with power assist
brakes. DO NOT "PUMP
PEDAL.
3. Check master cylinder reservoir
fluid level (remove cover only if
necessary). Visually inspect
master cylinder, backing plates
and/or calipers, connectors,
hoses, and tubes.
maintained for 15 seconds
(indicates leakage in system).
Pedal moves to floorboard or
other pedal-stop (indicates no
reserve).
3. Low of fluid. Leakage of
brake fluid. Visible leakage
of axle lubricant onto drum,
disc or lining. Incorrect
connector, hose or tube
installed. Badly scraped,
leaking, restricted, crimped,
cracked, or broken
connector, hose or tube.
4. Hose or tube either not
properly attached and
supported or in abrasive
contact with other hose, tube,
connector, the frame, axle, or
any other part of the vehicle.
4. Visually check hose and tube
supports.
C.
VACUUM SYSTEM.
1. Inspect tank(s), chambers, hoses,
connectors, clamps, and air cleaner.
2. Inspect supports and attachments.
3. Inspect for tractor-trailer brakes
working in conjunction.
4. With engine off, repeatedly apply
service brakes until vacuum is
destroyed; with medium pressure
C.
1. Any component is restricted,
collapsed, scraped, cracked,
loose, or broken. Air cleaner
is clogged sufficiently to
prevent proper air intake.
2. Any support or attachment is
broken. Any connecting line
or other component is not
attached or supported so as to
prevent damage from
scraping or rubbing frame,
axle, other line, or any other
part of vehicle.
3. Brakes do not work together
off of one pedal.
4. Foot pedal does not fall away
from foot when engine is
started; insufficient vacuum
ILLINOIS REGISTER
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
on foot pedal, start engine;
release brake and operate engine
until maximum vacuum is
established; stop engine; apply
service brakes, hard.
reserve to permit one full
service brake application
after engine is off without
actuating "Low Vacuum"
indicator; valve or diaphragm
leaking.
AGENCY NOTE: Brakes on towed
unit(s) of combination vehicles
must be connected and operated
during this test.
5. Apply brake; start engine; after 1
minute of running engine check
"Low Vacuum" indicator, if
vehicle is so equipped.
D.
AIR SYSTEM
1. With air system fully charged,
open all drain cocks in system
until gauge indicates zero
pressure. Note pressure at which
"Low Pressure" warning is
given.
2. Close drain cocks and run engine
at fast idle. Record time to raise
air pressure from 50-90 PSI on
gauge.
3. Continue running engine and
observe gauge pressure when
governor cuts out.
4. With system fully charged, note
reservoir pressure gauge reading;
stop engine: make one full,
maximum brake application;
release brakes; note pressure
gauge reading.
5. Indicator shows "Low
Vacuum".
D.
1. Low pressure warning device
(light or buzzer) fails to
function before pressure is
lowered to 50 PSI.
2. Time required to build
pressure from 50-90 PSI at
fast idle is more than 5
minutes.
3. Governor cut-out pressure is
higher than 135 PSI or
vehicle manufacturer's
maximum recommendation.
4. Reservoir pressure drops
below 80% of initial gauge
reading.
ILLINOIS REGISTER
2628
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
5. Start engine; charge system until
governor cuts out; with engine
idling, make a series of brake
applications and observe gauge
pressure when governor cuts in.
6. Hoses, tubes, connectors, tanks,
chambers, supports and
attachments, air cleaner, safety
valves, and air compressor belt.
5. Governor cut-in pressure is
lower than 80 PSI or vehicle
manufacturer's
recommendation.
6.1 Hose, tube, or connector is
leaking, restricted, scraped,
crimped, cracked, or
broken.
6.2 Support or attachment is
broken or connecting line is
not attached or supported so
as to prevent damage from
scraping frame, axle, other
line, or any other part of
vehicle.
6.3 Any audible leak in system.
6.4 Safety valve inoperative.
6.5 Compressor drive belt badly
worn, frayed, or without
sufficient tension.
6.6 Compressor air intake
cleaner closed.
7. Pressure drop in 1 minute is
more than
7. With the air reservoir(s) fully
charged and engine stopped,
fully apply the service brake and
hold for 1 minute and watch
pressure gauge.
3 PSI for single vehicle
4 PSI for 2 vehicle
combination
5 PSI for 3 vehicle
combination
E.
ELECTRIC SYSTEM.
Inspect supports, connections, and
wires.
E.
Loose or dirty connections.
Broken, frayed or unsupported
wires. Broken supports.
ILLINOIS REGISTER
2629
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
F.
PARKING AND EMERGENCY
BRAKE
F.
AGENCY NOTE: These may be
either two separate systems or
combined into one system.
1. Not equipped with parking
and emergency brake(s).
Operating mechanism does
not hold parking brake in the
applied position after hand,
or foot, is removed from
control lever.
1. Apply operating control fully.
2. Actuating mechanism not
fully released when parking
brake release control is
operated properly.
2. See that actuating mechanism
fully releases.
G.
BREAKAWAY DEVICES
G.
TRAILERS AND SEMITRAILERS
OVER 5,000 POUNDS.)
Not equipped with breakaway
device. Breakaway device does
not cause brakes to hold trailer
or semitrailer.
Disconnect trailer or semitrailer
brake system so as to actuate
breakaway device(s). Try to move
trailer or semitrailer.
H.
SEPARATE MEANS OF
BRAKING
H.
Not equipped with 2 separate
means.
Each breaking system must apply
Separate means are
brakes to at least 2 wheels.
interconnected.
AGENCY NOTE: MICRO-BRAKES ARE NOT CONSIDERED A
SEPARATE MEANS OF BREAKING.
I.
VISIBLE MECHANICAL
COMPONENTS OF ALL
SYSTEMS LISTED IN B, C, D, E,
F, G, and H.
Inspect all pins, cotter pins, loose
parts, springs, rods, yokes, clevises,
eyes, couplings, anchor pins, cables,
I.
Mechanical parts missing, badly
misaligned, broken, or badly
worn. Parts frozen. Cables
stretched, frayed, or broken.
ILLINOIS REGISTER
2630
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
connections, spring clips, brackets.
etc.
14.29
DYNAMIC BRAKE PERFORMANCE TESTS.
14.29.1
USING A DRIVE – ON PAD – TYPE BRAKE TESTER
CAUTION: Check to see that vehicle has stopping ability before testing.
When using a PAD-TYPE TESTER, a tandem axle consisting of 2, 3, or
more axles may be tested as one unit to determine braking performance.
When using a PAD-TYPE TESTER for testing brakes on the towing unit
of a combination vehicle, it is recommended that the brakes on the towed
unit(s) be made inoperative or the towed unit(s) disconnected from the
towing unit.
When using a PAD-TYPE TESTER for testing brakes on a towed unit of a
combination vehicle, brakes on the towing unit must not be operated.
PROCEDURE – DRIVE-ON PAD-TYPE
TESTER
REJECT VEHICLE IF:
A.
A.
Drive vehicle or unit onto brake
machine pads at 4-8 M.P.H. and with
engine disconnected apply SERVICE
BRAKES to bring vehicle to halt.
DO NOT LOCK WHEELS. Note the
braking forces registered by the
brake test machine.
Machine does not register a total
braking force at least 60% of the
empty weight of the vehicle.
(E.W. x .60 = Minimum Total
Force.)
EXAMPLE:
Empty weight of vehicle
4,000 lbs.
Percent
x .60
B.
Note whether braking forces at
opposite wheels on the same axle,
B.
Minimum total Force 2,400 lbs.
Braking force at wheel(s) on the
side registering the lower
braking force is less than 80% of
ILLINOIS REGISTER
2631
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
or tandem axle, vary more than 20
%.
the higher braking force at
wheel(s) on the opposite side of
the same axle, or the same
tandem axle.
EXAMPLE:
Reading at the side of tandem
producing the higher
reading
6,000 lbs.
Percent
x .80 lbs.
Minimum acceptable reading at
the other side of tandem
4,800 lbs.
C.
Drive vehicle onto brake machine at
4-8 M.P.H. and bring vehicle to a
halt by apply the EMERGENCY
BRAKE (i.e., the 2nd of the 2
separate means of applying brakes).
14.29.2
C.
Braking force is less than 20%
of the empty weight of the
vehicle or there is more than
20% variance (i.e., "low" side is
less than 80% of "high" side on
same axle or tandem).
USING A ROLLER TYPE BRAKE TESTER
When using a ROLLER TYPE TESTER, each axle must be tested
separately to find the correct braking performance. Transmission must be
in neutral position when testing service brakes on any drive axle.
PROCEDURE – ROLLER TYPE TESTER
REJECT VEHICLE IF:
A.
Drive front axle onto rollers. Start
roller motor. Apply SERVICE
BRAKES, but DO NOT LOCK
WHEELS.
A.
Braking force at wheel(s) on
"low" side is less than 80 % of
the braking force at wheel(s) on
"high" side.
B.
Repeat the above step for each axle.
B.
Braking force at wheel(s) on
"low" side is less than 80% of
ILLINOIS REGISTER
2632
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
C.
D.
14.30
Total braking force cannot be
C.
determined on this type of machine
UNTIL ALL AXLES HAVE BEEN
TESTED and results added for a total.
Apply EMERGENCY BRAKE (i.e.,
D.
the 2nd of the 2 separate means of
apply brakes) just to the point where
wheels will lock.
the braking force at wheel(s) on
"high" side.
Total of all braking forces is less
than 60% of empty weight of the
vehicle.
Total of all braking forces is less
than 20% of the empty weight of
the vehicle, or braking force
wheel(s) on "low" side is less
than 80% of braking force at
wheel on "high" side.
EMERGENCY WARNING DEVICES
A.
Three (3) red electric lanterns and two (2) red cloth flags not less than 12
inches square, with standards adequate to maintain the flags in an upright
position; or
B.
Three (3) portable bidirectional red emergency reflectors (triangles or
other shape) that meet requirements of the Federal Bureau of Motor
Carrier Safety for equipment prior to 1/1/74 (i.e., 49 CFR 393.95(f)) and
two (2) red cloth flags not less than 12 inches square, with standards
adequate to maintain the flags in an upright position; or
C.
Three (3) bidirectional, fluorescent reflective, day-night emergency
triangles which are either marked "DOT" or certified to comply with
Federal Motor Vehicle Safety Standard No. 125 (i.e., 49 CFR 571.125);
or
D.
Three (3) liquid burning flares (pots), three (3) fuses, each of which is
capable of burning 15 minutes, and two (2) red cloth flags not less than
12 inches square, with standards adequate to maintain the flags in an
upright position.
14.30.2
Any vehicle which transports explosives, flammable liquids, or
compressed gas or which uses compressed gas as a fuel shall not
carry any flares, fuses, or signals produced by flame. (Ill. Rev.
ILLINOIS REGISTER
2633
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Stat. 1987, ch. 95 ½, par. 12-702(b)) Therefore, such vehicle
SHALL be equipped in accordance with 14.30.1 A, B, or C.
PROCEDURE – EMERGENCY
WARNING DEVICES
REJECT VEHICLE IF:
A.
A.
One of the required sets of
emergency warning devices
described in 14.30.1 is not
present, or the emergency
warning device kit is
incomplete, or the components
do not comply with 14.30.1 or
14.30.2.
B.
Answer is "YES" and vehicle
carries a fusee, flare flame
lantern, or other emergency
device capable of giving a signal
produced by flame.
B.
14.31
Emergency warning devices.
AGENCY NOTE: A vehicle which
carries liquid burning flares (pots)
MUST in addition carry three (3)
15-minute fusees. A fusee may not
be substituted for a flare, reflector,
or electric lantern. Fusees may be
carried in addition to set 14.30.1
"A", "B" or "C", ONLY when the
answer to the following question is
"NO".
Does vehicle either transport
explosive, flammable liquids, or
compressed gas or use compressed
gas as a fuel? (Ask driver or
determine correct answer by other
means.)
SAFETY CHAINS.
Every full trailer, every auxiliary axle, and every semitrailer not equipped with
a fifth wheel must be equipped with two (2) safety chains or cables of sufficient
size and strength to prevent the towed vehicle from parting from the drawing
vehicle in case the drawbar should break or become disengaged. This applies
only outside of a business, residential, or suburban district, or on a controlled
access highway. (Ill. Rev. Stat. 1987, ch. 95½, pars. 15-110(b))
PROCEDURE – SAFETY CHAINS
Visually check for safety chains on full
trailer, auxiliary axle, or semitrailer
without 5th wheel. Ask driver if vehicle is
towed outside of a business, residential, or
REJECT VEHICLE IF:
Answer is "YES" and towed vehicle is
not equipped with two (2) safety
chains or cables of sufficient size and
strength to prevent the towed vehicle
ILLINOIS REGISTER
2634
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
suburban district, or on a controlled access
highway.
14.32
from parting from the drawing
vehicle.
SPLASH GUARDS.
Every vehicle of the second division, except a truck-tractor, pole trailer, or
vehicle in transit, must be equipped with rear wheel splash guards, either of
the contour type or the flap type.
PROCEDURE – BRAKES
REJECT VEHICLE IF:
A.
Width of splash guards.
A.
B.
For required number.
B.
C.
Condition of splash guards.
C.
Not as wide as the tread of the
tire(s).
Not equipped with two.
1. Damaged or not securely
fastened.
2. "T" Bar or some other
similar device not installed
to properly restrain flap
type splash guard. (This
excludes those marked antisail).
14.34
AUDIBLE ALARM ON GARBAGE OR REFUSE HAULER
A.
Effective on January 1, 1987, an audible alarm is required on each
vehicle equipped with either:
1. A self-compactor for garbage or refuse hauls, or
2. A roll-off hoist and roll-on container for garbage or refuse hauls.
B.
The alarm device shall be mounted on the outside of the vehicle. It shall
be aimed to direct sound primarily into the space behind the vehicle. The
device shall be located within the rear ⅓ of the vehicle's length.
AGENCY NOTE: "Vehicle's length" includes any permanently affixed
body, tailgate, or special container handling or carrying equipment but
ILLINOIS REGISTER
2635
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
does NOT include a roll-on roll-off container or the powered unit in a
combination of vehicles.
C.
The alarm device shall be activated whenever the transmission control is
in a reverse position and the engine is running. During each safety test a
vehicle identified in subsection A-2 must carry one of its roll-on roll-off
containers, without cargo, unless its alarm system is arranged to operate
with and without a container in place.
D.
The alarm device shall be controlled automatically, either inside or
outside the device, so that when activated it emits 1-2 pulsations of sound
each second (60-120 per minute). "On" and "off" times shall be about
equal. An alarm "cut-off" or separate "squelch" control is prohibited.
Any sound level (or "squelch") control on or in the alarm device shall
conform to subsection G.
E.
The emitted sound shall be loud enough to alarm drivers and pedestrians
behind the truck. The tone of the emitted sound shall differ distinctly
from the tones of traffic horns usually installed on the front part of a
vehicle.
F.
The alarm device and its connections and controls shall be constructed or
protected so as to withstand unfavorable environmental conditions,
including extremes of weather and temperature (-35 degrees F - 170
degrees F), moisture, road splash, abrasion, vibration, and dust. (Testing
against all these requirements usually cannot be conducted in an Official
Testing Station. However, the passing of a safety test shall not be
construed as condoning the installation of any device or system that fails
to alarm when in service under such extreme or unfavorable conditions.
See the last paragraph of Section 13-101 in the Illinois Vehicle Code (Ill.
Rev. Stat. 1987, ch. 95½, par. 13-101).)
G.
The Department incorporates by reference the criteria and standards
recommended in Society of Automotive Engineers Recommended
Practice SAE J994b, May 1974, "Performance, Test, and Application
Criteria for Electrically Operated Backup Alarm Devices." Copies of
SAE J994b, May 1974, may be obtained at the following two locations:
1.
SAE Headquarters, Society of Automotive Engineers, 400
ILLINOIS REGISTER
2636
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Commonwealth Dr., Warrendale, PA 15096
2.
American National Standards Institute (ANSI), 1430 Broadway,
New York, NY 10018
This incorporation by reference does not include any earlier or
later editions or amendments.
The alarm device shall conform to each criterion and standard
recommended in the above-referenced SAE J994b for a Type A,
B or C device, as the case may be. Any manual sound level
control shall not reduce sound below the levels specified for a
Type C device. Any automatic sound level control shall adjust
sound to at least 5 decibels above the surrounding noise level but
no higher than the maximum levels specified for a Type A
device, and may reduce device sound below the levels specified
for a Type C device. Wording in SAE J994b such as "should",
"should be", "it is recommended" or similar nonmandatory
wording shall be read as setting forth a mandatory requirement.
This does not exclude any option or alternative specified in SAE
J994b. Each alarm device shall bear a permanently affixed label
or nameplate that:
Identifies its manufacturer;
Identifies the type or types of device (e.g., Type A, Type B,
Type A-C manual, Type A-E automatic, Type C, etc.); and
States the device conforms to each applicable SAE J994b
criterion.
This label or nameplate shall constitute the manufacturer's
certification to the People of the State of Illinois that the device
conforms to this subsection G.
H.
In addition, on a vehicle identified in subsection A, either the backup
alarm or a separate alarm shall be activated automatically whenever the
engine or motor that operates the refuse handling equipment is running
and before a top-hinged tailgate has opened more than 6 inches. The
alarm shall remain activated until parts return to within 6 inches, or less,
of the normal position for traveling. A separate alarm system, if
ILLINOIS REGISTER
2637
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
installed, shall conform to all requirements in subsections B and D-H
except the SAE J994b6.2 requirement for activation by transmission
control.
PROCEDURE – ALARM TEST
REJECT VEHICLE IF:
Inspect for alarm:
Alarm system does not conform to
each requirement.
Mounting, aim, & location (B); "ON" in
reverse while engine runs (C);
"On" & "off" frequency & times; (D)
Loudness & tone (E);
Cut-off" or "squelch" control (D);
Secure & connections protected (F);
Label or nameplate wording (G);
"On" before a top-hinged tailgate, body,
hoist or tilt frame moves opens 6 1/64 inch
(H).
14.35
Label or nameplate wording:
is wrong or incomplete, or
Indicates Type D or E on alarm with;
No sound adjustment, or Manual
sound adjustment.
TOW TRUCKS
A tow truck is every truck designed or altered and equipped and used to push,
tow, or draw vehicles by means of a crane, hoist, towbar, towline or auxiliary
axle, or to render assistance to disabled vehicles. (Ill. Rev. Stat. 1987, ch.
95½, par. 1-205.1). Notice that type of registration is not mentioned in this
definition.
A.
Every tow-truck that is not owned by a governmental agency (i.e.,
federal, state or local) shall have a sign on each side with:
1)
2)
3)
B.
Letters at least 2 inches in height, that
Contrast with color of background, and show
Name, address, and telephone number of either its owner or its
operator.
Every tow-truck shall carry at least:
ILLINOIS REGISTER
2638
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
1)
2)
3)
4)
C.
1 broom,
1 shovel,
1 trash can at least 18 inches in height, and
1 fire extinguisher that displays:
a)
rating of 4-B:C or larger, and
b)
approval by Underwriters Laboratories or by other
laboratory qualified by the Division of Fire Prevention
for approving fire extinguishers.
Every tow-truck cab shall contain a certificate of either bond or
insurance. The certificate shall show liability coverages of:
1)
2)
3)
$100,000 or more for injury of any one person and $300,000 or
more for injury of persons in any one accident, plus
$50,000 or more for damage to property other than a towed
vehicle, plus
$15,000 or more for damage to any vehicle towed by the owner
or operator shown on the sign required by subsection A or towed
by the governmental agency that operates the tow-truck. (Ill.
Rev. Stat. 1987, ch. 95 ½, par. 12-606)
PROCEDURE
REJECT VEHICLE IF:
Inspect truck and equipment to determine
whether it is a tow-truck.
Does not meet requirements for towtruck classification.
Check each tow-truck for:
Identification signs (vehicle owned by
governmental agencies are exempt)
Not properly identified,
Broom shovel, trash can, fire
extinguisher (must meet size and rating
requirements.
Not properly equipped or,
Certificate and Coverages
Not properly Certified and Covered
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION A Tires
2639
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
2640
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION B Tire and Steering Wheel Limits
2641
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
2642
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION C Suspension Components
2643
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
2644
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION D Steering Components
2645
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION E Air Suspension Components
2646
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
2647
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION F Guide to Lighting Requirements
2648
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
2649
16
ILLINOIS REGISTER
2650
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION G Glazing Chart
Table 14.2 Position of Glazing in Motor Vehicles
PASSENGER CARS
TAXICABS
Windshields
Interior Partitions,
Auxiliary Wind
Deflectors
Flexible Curtains,
Readily Removable
Windows, Ventilators
Used in Conjunction
with Readily
Removable
Windows, Rear
Windows in Tops of
Convertible Cars
Openings in Roofs
Not Required for
Driving Visibility
All Other Glazing
Except as Listed
Above
Windshields
Interior Partitions,
Auxiliary Wind
Deflectors, Windows
in Rear Doors
Openings in Roofs
Glazing Material Applicable When Marked
With "AS" Designation Indicated Below
At Positions needed
At Positions Not
for Driving Visibility needed for Driving
Visibility
1, 10
1, 10
1, 2, 4, 10, 11
1, 2, 3, 4, 5, 10, 11,
12, 13
1, 2, 4, 6, 10, 11
______
1, 2, 3, 4, 5, 6, 7, 10,
11, 12, 13
1, 2, 3, 4, 5, 10, 11,
12, 13
1, 2, 10, 11
1, 2, 3, 10, 11
1, 10
1, 2, 4, 10, 11
1, 10
1, 2, 3, 4, 5, 10, 11,
12, 13
______
1, 2, 3, 4, 5, 10, 11,
ILLINOIS REGISTER
2651
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
TRUCKS AND
TRUCK TRACTORS
Not Required for
Driving Visibility
Flexible Curtains,
Readily Removable
Windows, Ventilators
Used on Conjunction
with Readily
Removable Windows
All Other Glazing
Except as Listed
Above
Windshields
Windows to
Immediate Right and
Left of Driver
Rearmost Window
Glazing to Rear of
Driver Where Other
Means to Afford
Visibility of the
Highway is Provided
Folding Doors
BUSSES
All Other Glazing
Except as Listed
Above
Windshields
Glazing to Immediate
Right and Left of
Driver
Rearmost Window
Interior Partitions and
Auxiliary Wind
Deflectors
Folding Doors
Standee Windows
12, 13
1, 2, 4, 6, 10, 11
1, 2, 3, 4, 5, 6, 7, 10,
11, 12, 13
1, 2, 10, 11
1, 2, 3, 10, 11
1, 10
1, 2, 10, 11
1, 10
1, 2, 3, 10, 11
1, 2, 8, 10, 11
1, 2, 3, 4, 5, 8, 9, 10,
11, 12, 13
1, 2, 3, 4, 5, 8, 9, 10,
11, 12, 13
______
1, 2, 4, 8, 10, 11
1, 2, 10, 11
1, 2, 3, 4, 5, 8, 9, 10,
11
1, 2, 3, 10, 11
1, 10
1, 2, 10, 11
1, 10
1, 2, 3, 10, 11
1, 2, 8, 10, 11
1, 2, 4, 10, 11
1, 2, 3, 8, 9, 10, 11,
1, 2, 3, 4, 5, 10, 11,
12, 13
1, 2, 4, 8, 10, 11
1, 2, 3, 4, 5, 8, 9, 10,
11
1, 2, 3, 4, 5, 8, 9, 10,
______
ILLINOIS REGISTER
2652
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Openings in Roof
Not Required for
______
Driving Visibility
Flexible Curtains,
1, 2, 4, 6, 10, 11
Readily Removable
Windows, Ventilators
Used in Conjunction
with Readily
Removable Windows
All Other Glazing
1, 2, 3, 10, 11
Except as Listed
Above
All Glazing
HOUSE TRAILERS,
SLIDE-IN
CAMPERS, PICKUP
SHELLS,
PROPERTYCARRYING
TRAILERS
MOTORCYCLES
Windscreens
AND TRUCKSTERS
* Only at heights less than 15 inches above
top of operator's seat when seat is in
lowest position.
1, 6, 10, 11
11, 12, 13
1, 2, 3, 4, 5, 10, 11,
12, 13
1, 2, 3, 4, 5, 6, 7, 10,
11, 12, 13
1, 2, 3, 10, 11
1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13
1, 6, 7, 10, 11, 12*,
13*
Note: "One way" reflective glazing or film
may be used only to the rear OF
driver's seat and only when an outside
rear view driver's mirror is installed on
each side of the vehicle.
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX A Safety Test Procedures and Specifications
Section 448.EXHIBIT A Testing Procedures
Section 448.ILLUSTRATION H Glazing Illustrations
2653
16
ILLINOIS REGISTER
2654
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX B Trucksters (Cargo Carrying Motorcycles)
15.1
Trucksters shall be tested according to the regulations prescribed in this
Chapter. Trucksters are subject to the applicable safety test requirements of
Appendix A, except as stated in this Appendix.
15.2
A truckster is defined as every motor vehicle or motorcycle with 3 wheels
designed, used or maintained primarily for the transportation of property.
Under present law these vehicles are subject to safety test requirements if the
owner intends to obtain truck license plates for operation on public highways.
15.3
LIGHTS AND LAMPS
PROCEDURE – LIGHTS AND LAMPS
REJECT VEHICLE IF:
TRUCKSTERS REQUIRE THE
FOLLOWING:
A.
A lens is cracked, broken
or missing.
B.
Any bulb in any lamp
required by law fails to
function properly.
C.
A lamp is not securely
fastened to vehicle.
D.
A lamp shows a beam of
color contrary to law or
regulation.
1. One (1) white or amber headlamp.
2. One (1) red tail lamp.
3. One (1) red stop lamp.
4. Two (2) red or amber turn signals, if
the body or cargo container
obstructs the view of the driver
from the rear.
15.4
HORN CONTROL.
PROCEDURE – HORN CONTROL
REJECT VEHICLE IF:
A. Inspect for presence of horn
control.
A.
Horn control is missing.
Horn not audible. (Note –
Horn button, ring, or other
control may be located
anywhere that is readily
ILLINOIS REGISTER
2655
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
accessible to driver.)
15.5
15.6
WINDSHIELD.
PROCEDURE – WINDSHIELD
REJECT VEHICLE IF:
A. Inspect condition of windshield
glass.
(Critical area – those areas swept
or wiped by the full proper length
of the blade of a properly
functioning windshield wiper.)
A.
There are scratches or
abrasions in the critical
area which are more than
6 inches in length. There
are any "spider webs" or
holes in the critical area.
There are any "star chips"
or "bullseys" (stone nicks)
larger than 1½ inches in
the critical area. There is a
crack where an edge can
be felt on the wiper side
of the windshield in the
critical area.
Discoloration extends
more than 3 inches up
from the bottom, or more
than 1 inch in from the
right or left sides, or more
than 1 inch down from the
top. Improper grade of
glazing installed.
WINDSHIELD WIPER.
PROCEDURE – WINDSHIELD WIPER
REJECT VEHICLE IF:
TRUCKSTERS REQUIRE ONE
WINDSHIELD WIPER.
A. Operate wiper. (If vacuum
operated, engine must be idling
and control full on).
A.
1. Wiper fails to operate
for full stroke, or will
not return to proper
"park" position out of
ILLINOIS REGISTER
2656
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
driver's critical view
area when shut off.
15.7
B. Inspect rubber element of blade.
B.
C. Inspect metal parts of wiper blade
or arm.
C.
D. Raise arm away from windshield
and release.
D.
2. Wiper smears or
severely streaks
windshield.
Blade exhibits damaged,
torn, hardened, or physical breakdown of rubber
wiping element.
Parts of blade or arm are
missing, severely damaged or contacting
glazing.
Arm fails to force the
blade to contact the
windshield firmly.
MIRRORS
PROCEDURE – MIRRORS
A. EXTERIOR REARVIEW
MIRROR. From the driver's
position, visually inspect exterior
mirror on driver's side for a clear
and reasonable unobstructed view
to the rear. Look for correct
location, stable mounting, cracks,
sharp edges, unnecessary
protrusion.
B. INTERIOR REARVIEW
MIRROR. From the driver's
position, visually inspect interior
mirror for proper mounting,
location, cracks, sharp edges, and
ease of adjustment.
C. If interior rearview mirror does
REJECT VEHICLE IF:
A.,B.,
& C.
1. Mirror not mounted on
stable support or is
loosely mounted.
2. Mirror obscured by a
pillar or unwiped portion of windshield.
3. Mirror cracked, pitted,
or clouded.
4. Mirror missing.
5. Forward vision is unsafely obstructed by
mirror assembly.
ILLINOIS REGISTER
2657
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
not provide a clear view of the
highway for a distance of at least
200 feet to the rear of the vehicle,
an exterior rearview mirror with at
least 3 square inches of reflective
surface shall be located on the
right side of the vehicle. (See
15.7A for test procedures.)
15.8
15.9
DOORS.
PROCEDURE – DOORS
REJECT VEHICLE IF:
A. If vehicle is equipped with doors,
check visually.
A.
Doors obstruct side view,
or fail to operate properly.
BRAKES.
PROCEDURE – BRAKES
REJECT VEHICLE IF:
A. SERVICE BRAKES.
Make two (2) separate runs onto
the brake machine. First run should
be made so that one of the rear
wheels comes to rest upon one of
the rear pads of the machine. On
the second run the other rear wheel
should be brought to rest on the
other rear pad. On both runs the
truckster should be maneuvered
toward the outer side of the brake
machine so that the front wheel
does not come in contact with the
brake machine center plate and
housing.
A.
B. PARKING AND EMERGENCY
BRAKE.
B.
Not equipped with service
brakes on at least two (2)
wheels which generate a
combined braking force of
at least 50% of the vehicle
empty weight. More than a
20% variance from side to
side.
1. Not equipped with
parking and emer-
ILLINOIS REGISTER
2658
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
gency brake which
operates on at least one
wheel. Operating
mechanism does not
hold parking brake in
the applied position
after hand, or foot, is
removed from control
lever.
Note: These may be either two
separate systems or combined into
one system.
1. Apply operating control fully.
2. See that actuating mechanism
fully releases.
2. Actuating mechanism
not fully released when
parking brake release
control is operated
properly.
15.10
15.11
SWITCHES AND CONTROLS.
PROCEDURE – SWITCHES AND
CONTROLS
REJECT VEHICLE IF:
A. Visually check.
A.
Not within reach of the
seated driver.
Not functioning properly.
If the vehicle meets all applicable requirements, the Certificate of Safety should
be affixed to the extreme bottom of the windshield in the left-hand corner.
ILLINOIS REGISTER
2659
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX C Buses – Additional Requirements
16.1
Those buses which are subject to the Department of Transportation safety test
procedures except school buses or buses operated under an Illinois Commerce
Commission permit shall meet the following requirements in addition to the general
testing requirements of APPENDIX A.
16.2
COLOR AND MARKINGS.
Buses may be of any color and have any markings designating their purpose other
than the color and markings for school buses.
Religious organization buses must have the words "NO STANDEES PERMITTED"
lettered on the interior on the right side above the windshield in 2" letters.
PROCEDURE – COLOR AND MARKINGS
A.
16.3
Visually Check.
REJECT VEHICLE IF:
A.
1.
Painted national school
bus chrome yellow,
identified with school
bus lettering, or licensed
as a school bus (these
vehicles must be tested
as school buses).
2.
The words "NO
STANDEES
PERMITTED" on a
religious organization
bus are missing or
improperly positioned.
EMERGENCY EXIT.
All buses shall contain provision for emergency exist and will consist of either of the
following:
A.
An emergency exist door shall be located either in the middle of the rear of the bus or
on the left side near the rear. Such exists will be marked "Emergency Door" or
"Emergency Exit" in letters at least 2 inches high.
ILLINOIS REGISTER
2660
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
B.
Kick out or push out windows each providing an opening of at least 18 inches by 24
inches. Such windows will be located on both sides of the bus and will be marked
"Emergency Exit" in letters at least 2 inches high and identified with instructions for
use in case of emergency.
PROCEDURE – EMERGENCY EXIT
A.
16.4
Check emergency exit and lettering.
A.
1. Emergency exit is not
provide, does not meet
specifications, or does not
operate properly.
2. "Emergency Exit" or
"Emergency Door"
lettering is missing or does
not meet specifications.
EXHAUST SYSTEM.
PROCEDURE – EXHAUST SYSTEM
A.
16.5
REJECT VEHICLE IF:
Visually check.
REJECT VEHICLE IF:
A.
Exhaust system does not
extend to the rear of the
bumper or to the rear of the left
or right rear wheels.
FIRE EXTINGUISHER.
Buses must be equipped with a fully charged fire extinguisher with a minimum rating
of 5 lb.10BC, mounted in bracket readily accessible. Buses manufactured prior to
January 1, 1977, may have an extinguisher with a rating of 2 ½ lb.10BC.
PROCEDURE – FIRE EXTINGUISHER
A.
16.6
Visually check.
MIRRORS.
All buses shall be equipped with:
REJECT VEHICLE IF:
A.
Fire extinguisher not present,
less than rating specifications,
not fully charged, or not
readily accessible.
ILLINOIS REGISTER
2661
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
A.
B.
One interior mounted rearview mirror, minimum 6" x 30", and
Two adjustable exterior rearview mirrors, one to the left and one to the right,
each rectangular 5 inch by 10 inch minimum.
PROCEDURE – MIRRORS
A.
Check interior and exterior rear-view
mirrors for correct location, stable
mounting, cracks, sharp edges,
unnecessary protrusion, and ease of
adjustment.
REJECT VEHICLE IF:
A.
1. Mirror not mounted on
stable support or is loosely
mounted.
2. Mirror obscured by a pillar
or unwiped portion of
windshield.
3. Mirror cracked, pitted, or
clouded.
4. Mirror missing.
5. Forward vision is unsafely
obstructed by mirror
assembly.
16.7
SEATS.
All seats must be securely anchored to the flooring and the seat covering material
shall be in good condition.
PROCEDURE – SEATS
A.
Visually check.
REJECT VEHICLE IF:
A.
Seats not securely anchored to
floor, or seat covering material
in poor condition.
ILLINOIS REGISTER
2662
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
16.8
STEPS AND FLOOR COVERING.
The steps and floor covering materials must be free of rips and holes which would
cause a passenger to stumble or trip.
PROCEDURE – STEPS AND FLOOR
COVERING
A.
16.9
Visually check.
REJECT VEHICLE IF:
A.
Steps or floor covering
materials ripped, torn, or in
unsafe condition.
TIRES.
No bus shall operate with regrooved, recapped or retreaded tires on the front (steering
axle) wheels. Make certain tires conform to manufacture's original equipment rating.
PROCEDURE – TIRES
A.
16.10
Visually check.
REJECT VEHICLE IF:
A.
Regrooved, recapped or
retreaded tires on the front
(steering axle) wheels. Gross
vehicle weight exceeds the
manufacturer's weight load
ratings of the tires.
UNISON AMBER WARNING LIGHTS – OPTIONAL EQUIPMENT.
Any religious organization bus may be equipped with a 4-lamp flashing signal system
having unison flashing amber lamps, 2 at the front and 2 at the rear of the bus,
mounted as high and as widely spaced laterally on the same level as is practicable. If
such equipment is installed, (a) each lamp must be a sealed beam at least 5 ½ inches
in diameter and have sufficient intensity to be visible at 500 feet in normal sunlight,
(b) the system shall be actuated only by means of a manual switch, and (c) there shall
be a device for indicating to the driver that the system is operating properly or is
inoperative.
PROCEDURE – UNISON AMBER
WARNING LINGTS
REJECT VEHICLE IF:
ILLINOIS REGISTER
2663
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
A.
If religious organization bus is equipped
with unison amber warning lights, check
location and operation.
A.
The warning lights are not
amber in color, do not operate
in unison, or do not meet size,
type or location requirements.
Lights are inoperative. Device
for indicating to the driver that
the system is operating
properly is not provided or is
inoperative.
ILLINOIS REGISTER
2664
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX D Driver Education Training Cars
17.1
In addition to the general testing requirements of Appendix A, driver education
training cars are also subject to the following requirements.
17.2
BRAKES
Vehicles equipped with automatic transmissions shall be equipped with a dual brake.
Vehicles equipped with standard transmissions shall be equipped with a dual brake
and a dual clutch. ("Dual" means two identical sets of controls – one operable by the
driver and the other by a front seat passenger.)
PROCEDURE – BRAKES
A.
17.3
Test dual brake system in
accordance with procedures
outlined in Appendix A of
these Rules.
REJECT VEHICLE IF:
A.
Not equipped with a dual system or dual
system is inoperative. Dual brake
system does not meet the standards
outlined in Appendix A.
IDENTIFICATION.
The motor vehicle must be equipped with a sign or signs visible from the front and
the rear in letters no less than 2 inches tall, listing the full name of the driver training
school which has registered and insured the motor vehicle.
PROCEDURE – IDENTIFICATION
A.
17.4
Visually check sign or signs.
REFJECT VEHICLE IF:
A.
Sign(s) not provided or not visible from
front and rear.
EMERGENCY WARNING DEVICES.
Driver Education Training Cars do not require emergency warning devices.
17.5
MIRRORS
Effective July 1, 1988, Driver Education Training Cars require a mirror on each side
of the vehicle so located as to reflect to the driver a view of the highway for a distance
of at least 200 feet to the rear of the vehicle.
17.6
If a Driver Education Training Car meets or exceeds the minimum standards outlined
ILLINOIS REGISTER
2665
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
in this Part, a Certificate of Safety must be affixed in the location prescribed in 92 Ill.
Adm. Code 448.100.
ILLINOIS REGISTER
2666
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX E Requisition for Certificates of Safety and Lane Forms
REQUISITION FOR:
1. Certificates of Safety
2. Lane Forms
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
VEHICHLE INSPECTION SECTION
2300 SOUTH DIRKSEN PARKWAY
SPRINGFIELD, ILLINOIS 62764
PHONE: 217/782-2920
PLEASE FURNISH THE FOLLOWING ITEMS
Station No.
Telephone No.
Date
Vehicle Inspection
Report
VIR-1
Name of Station
Monthly Station Report
(Truck)
MSR-1-75-T
Address
Monthly Station Report
(Bus)
MSR-1-75-B
City or Town
Zip Code
Report of Lost or Stolen
Safety Certificates
Signature of Authorized Person
SV1-1241
Requisition Card for
SV1-1274
Supplies
PLEASE FURNISH THE FOLLOWING C/S'S AND/OR NUMERALS
Defective, Mutilated or
Replacement
C/S
Report
SV1-1280
# PADS C/S'S OR NUMERALS
TOTAL AMT.
SV1-1312
Rejected Vehicle Card
School Bus C/S's (10 per pad)
Truck C/S's (25 Per pad)
VIR Mailers
ILC.C.Bus C/S's (10 per pad)
Other:
School Bus/LC.C.Inserts – Circle One
1 2 3 4 5 6 7 8 9 10 11 12
IMPORTANT: Unless the name, address, and telephone number are correct, the Department will not be responsible for
delivery of the items requested.
SV1-1274 (Rev. 9-75)
ILLINOIS REGISTER
2667
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX F Monthly Vehicle Inspection Station Report
(This form is to be used for reporting truck C/S only.)
For
(month)
(year)
Station Name
Station I.D.
(Write the complete station name)
(Four digits)
A.
Total number of C/S received (including re-orders) for reporting
month
B.
Total number of C/S placed on vehicles (including C/S used for
windshield replacement, also report on Form SV1-1280)
C.
Total number of C/S returned to V.I.S.
(5)
D.
Total number of C/S lost or stolen (also report
on Form SV1-1241)
(6)
Total number of defective and mutilated C/S
(also report on Form SV1-1280)
(7)
E.
F.
Total Items C, D, and E
G.
Total Item B and F (This total must match Item A)
H.
List serial numbers of C/S being returned to V.I.S. with this report
(5):
No.
thru
No.
No.
thru
No.
(Signature of Station Owner/Operator)
(4)
(8)
(Date)
AGENCY NOTE: Numbers shown in parentheses are for V.I.S. office use only. This
report must be received at the V.I.S. office by the 10th of the month.
ILLINOIS REGISTER
2668
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Send this report, together with all unused C/S, by Certified Mail, to:
Vehicle inspection Section
Illinois Department of Transportation
2300 South Dirksen Parkway
Springfield, Illinois 62764
MSR-1-76-T
Revision No. ½-76
ILLINOIS REGISTER
2669
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX G Report of Lost or Stolen Safety Certificates
STATION NUMBER
DATE
Name of Station
Address
(Street)
(City)
Local Police
County Sheriff
State Police
Date loss or
theft occurred
(Zip Code)
Police
Report
No.
Reason for loss or theft
SAFETY CERTIFICATES LOST OR STOLEN
SAFETY CERTIFICATE NO.
THRU NO.
Section 448.100(f)(1) and (2) regarding loss States:
This Station Owner shall IMMEDIATELY notify the Section by telephone or telegraph
of the loss or theft of any Certificate of Safety. The owner shall, in addition, immediately
notify the local police jurisdiction in which the Station is located. The term "loss" shall
include the failure to receive Certificates VIA the U.S. Mail or otherwise enroute to the
Station. Each loss or theft shall be accounted for by the affidavit of the Owner stating all
known details.
Signature of Owner or Authorized Agent
Note: Immediately forward
Administrator's Copy to the
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Vehicle Inspection Section
2300 S. Dirksen Parkway, Room 319
Springfield, IL 62754
Administrator's Copy
SV1-1241-1
2670
16
ILLINOIS REGISTER
2671
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX H Rejected Vehicles
ADDITIONAL INFORMATION REQUIRED
If you submit your rejected vehicle to any testing station other than the one which first rejected
it, then you must:
1. Pay appropriate test fee (first retest is free only at original testing station).
2. Present the second testing station with your blue copy of the Inspection Report
(VIR-1) from the original testing station.
3. Notify the Vehicle Inspection Section in writing by completing all of the items on
the lower part of this notice.
4. After the second safety test is completed, detach the lower portion of this notice,
affix a stamp, enter your return address, and mail immediately.
REMEMBER – Only use this notice if you do not return your rejected vehicle to
the original testing station for retest.
NOTICE TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION – VEHICLE
INSPECTION SECTION
In compliance to the legal requirements of Section 13-109 of the Illinois Vehicle Code, I
submit the following information in writing regarding my rejected vehicle which was
safety tested at a second or different testing station other than the first testing station
which rejected my vehicle.
ILLINOIS REGISTER
2672
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
FIRST TESTING
STATION
DESCRIPTION OF
MY VEHICLE
Name
Address
City & Zip
SECOND TESTING
STATION
Truck
Bus
Trailer
Tractor
Name
Semitrailer
City & Zip
Address
Year & Make
Date of Test
Date of Test
V.I.N. (Serial No)
Cause of Rejection
(Defects)
Fleet No.
Certificate of
Safety Number
Issued (if any)
License No.
Repairs Made by
Approved
Rejected
Date Repairs
Completed
My Name (Print)
Address
Signature
(Company, if owner)
City & Zip Code
FAILURE TO COMPLY WITH THE LAW REGARDING REJECTED
VEHICLES WILL SUBJECT THE OWNER TO ARREST.
SV1-1312(Rev.9/76)
ILLINOIS REGISTER
2673
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX I Defective, Mutilated or Replacement Certificate of Safety
Report
ILLINOIS DEPARTMENT OF TRANSPORTATION
VEHICLE INSPECTION SECTION
2300 S. Dirksen Parkway
Springfield, Illinois 62764
DEFECTIVE, MUTILATED, OR REPLACEMENT CERTIFICATE OF SAFETY REPORT
Instructions:
1. Staple not more than four certificates to each form. Use additional copies if necessary.
2. Use #2 pencil and complete a Vehicle Inspection Report for each replaced Certificate of Safety.
3. Code in bubble in blank box at end of glazing field on VIR.
Mailing Instructions:
Complete one or more copies and return with monthly report (ST-2) to the VIS/DOT. (As
shown in the above address.)
STAPLE
CERTIFICATE
HERE
STAPLE
CERTIFICATE
HERE
#1
#2
Record complete serial
number before removing
from glass.
Record complete serial
number before removing
from glass.
C/S No.
C/S No.
Record complete serial
number before removing
from glass.
C/S No.
Remarks C/S #4
#4
Remarks C/S #3
#3
Remarks C/S #2
STAPLE
CERTIFICATE
HERE
Remarks C/S #1
STAPLE
CERTIFICATE
HERE
Record complete serial
number before removing
from glass.
C/S No.
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Vehicle Inspection
Station No.
SVI-1280 (Rev. 1-76)
Date
Prepared by (print)
Signature
2674
16
ILLINOIS REGISTER
2675
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
ADDITIONAL INFORMATION REQUIRED
If you submit your rejected vehicle to any testing station other than the one which
first rejected it, the you must:
1.
2.
3.
4.
Pay appropriate test fee (first retest is free only at original testing station).
Present the second testing station with your blue copy of the Inspection Report
(VIR-1) from the original testing station.
Notify the Vehicle Inspection Section in writing by completing all of the items
on the lower part of this notice.
After the second safety test is completed, detach the lower portion of this notice,
affix a stamp, enter your return address, and mail immediately.
REMEMBER Only use this notice if you do not return your rejected vehicle to the
original testing station for retest.
NOTICE TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION–VEHICLE INSPECTION SECTION
In compliance to the legal requirements of Section 13-109 of the Vehicle Code, I
submit that the following information in writing regarding my rejected vehicle which
was safety tested as a second or different testing station other than the first testing
station which rejected my vehicle.
FIRST TESTING STATION
Name
Address
DESCRIPTION OF MY VEHICLE
Truck
Bus
Tractor
Trailer
Semitrailer
SECOND TESTING STATION
Name
Address
City & Zip
Year & Make
City & Zip
Date of Test
V.I.N. (Serial No.)
Date of Test
Cause of Rejection (Defects)
Fleet No.
Certificate of Safety Number
Issued (If any)
License No.
Repairs Made by
Approved
Date Repairs Completed
Rejected
My Name (Print)
(Company, If owner)
Address
City & Zip Code
Signature
FAILURE TO COMPLY WITH THE LAW REGARDING REJECTED VEHICLES WILL SUBJECT THE
OWNER TO ARREST
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
SV1-1312 (Rev. 9/76)
2676
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.APPENDIX J Vehicle Inspection Report
2677
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.ILLUSTRATION A Second Division Vehicle Certificate of Safety
2678
16
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.ILLUSTRATION B Placement of Second Division Vehicle Certificate of
Safety on Vehicle
2679
16
ILLINOIS REGISTER
2680
16
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED REPEALER
Section 448.EXHIBIT A Rebuilt Vehicles
18.1
In addition to the general testing requirements of Sections 448.110 and 448.APP
A, Rebuilt Vehicles are also subject to the following requirements.
18.2
Proof of Ownership
Obtain proof of ownership information from Salvage Certificate.
18.3
Do not proceed with safety test until driver of vehicle can produce Salvage
Certificate.
18.4
Emergency Warning Devices
First division rebuilt vehicles do not require emergency warning devices (i.e., red
lanterns, red flags, red reflectors, fluorescent triangles, liquid flares and fusees).
18.5
If a Rebuilt Vehicle meets or exceeds the minimum standards outlined in this Part,
a Certificate of Safety must be affixed in the location prescribed in Section
448.100.
Section 448.EXHIBIT B Contract Carriers
19.1
Every owner of a contract carrier transporting employees in the course of their
employment on a highway in Illinois in a vehicle designed to carry 15 or fewer
passengers shall, before operating the vehicle upon the highways in Illinois, submit it to a
safety test and secure a certificate of safety furnished by the Department as set forth in
Section 13-109 of the Illinois Vehicle Code. [625 ILCS 5/13-101]
19.2
Contract carriers must meet the requirements of Section 448.Appendix A (Safety Test
Procedures and Specifications).
19.3
If the contract carrier vehicle meets the applicable requirements of this Part, the certified
safety tester shall affix a certificate of safety to the windshield of the vehicle as
prescribed in 92 Ill. Adm. Code 451.140(o).
19.4
First division vehicles (those vehicles designed for the carrying of not more than 10
persons) [625 ILCS 5/1-217] are not required to be equipped with warning devices or
splash guards.
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19.5
Second division vehicles (those vehicles which are designed for carrying more than 10
persons) [625 ILCS 5/1-217] must meet the requirements of Section 448.Appendix C
(Buses – Additional Requirements).
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1)
Heading of Part: Diseased Animals
2)
Code Citation: 8 Ill. Adm. Code 85
3)
Section Numbers:
85.135
85.140
85.145
4)
Statutory Authority: Illinois Diseased Animals Act [510 ILCS 50]
5)
Effective Date of Rules: January 22, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rules, including any material incorporated by reference, is on file
in the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 14044; October 30,
2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposed and Final Version: None
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? None were made.
13)
Will this rulemaking replace an emergency rule currently in effect? No
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: The Voluntary Johne's Disease Risk Management
program was established prior to the availability of the PCR test for disease organism
detection. This rulemaking would add the PCR test as an organism detection test. Since
federal funding is no longer available for the cost of testing for Johne's disease, this
rulemaking will no longer restrict herds when a positive animal is disclosed and the herd
Adopted Actions:
Amendment
Amendment
Amendment
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is not participating in the risk management program or voluntary Johne's Disease herd
program, The restriction will now only apply to a positive animal.
16)
Information and questions regarding these adopted rules shall be directed to:
Susan Baatz
Illinois Department of Agriculture
P. O. Box 19281, State Fairgrounds
Springfield IL 62794-9281
217/524-6905
fax: 217/785-4505
The full text of Adopted Amendments begins on the next page:
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TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS
(EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 85
DISEASED ANIMALS
Section
85.5
85.7
85.10
85.12
85.15
85.20
85.25
85.30
85.35
85.40
85.45
85.50
85.55
85.60
85.65
85.70
85.75
85.80
85.85
85.90
85.95
85.100
85.105
85.110
85.115
85.120
85.125
Definitions
Incorporation by Reference
Reportable Diseases
Contagious or Infectious Diseases
Truck Cleaning and Disinfection
Disposal of Sick, Diseased, or Crippled Animals at Stockyards, Auction Markets,
or Marketing Centers
Sale of Livestock Quarantined Because of Disease
Identification Ear Tags for Livestock
Identification Tags Not to be Removed
Livestock for Immediate Slaughter Not to be Diverted En Route
Anthrax
Goats
Scrapie in Sheep and Goats
Bluetongue
Sheep Foot Rot (Repealed)
Cattle Scabies
Cattle Scabies − Additional Requirements on Cattle from Certain Designated
Areas
Sheep and Goats
Diseased Animals
Copy of Health Certificate Shall be Furnished
Requests for Permits
Consignments to Stockyards, Auction Markets or Recognized Slaughtering
Centers
Obligation of Transportation Company and Truck Operators
Additional Requirements on Cattle From Designated States
Salmonella enteritidis serotype enteritidis
Cervidae
Ratites
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85.130
85.135
85.140
85.145
85.150
85.155
Vesicular Stomatitis
Requirements for Establishing and Maintaining a Herd Under the Voluntary
Paratuberculosis (Johne's Disease) Certification Program
Requirements for Establishing and Maintaining a Herd Under the Voluntary
Paratuberculosis (Johne's Disease) Risk Management Program
Johne's Disease Positive Animals
Importation of Animals; Permit Required
Release from Quarantine
AUTHORITY: Implementing and authorized by the Illinois Diseased Animals Act [510 ILCS
50]; Section 6 of the Illinois Bovine Brucellosis Eradication Act [510 ILCS 30/6]; Livestock
Auction Market Law [225 ILCS 640]; and Equine Infectious Anemia Control Act [510 ILCS
65].
SOURCE: Regulations Relating to Diseased Animals, filed January 17, 1972, effective January
27, 1972; filed August 19, 1975, effective August 29, 1975; filed December 29, 1976, effective
January 8, 1977; amended at 2 Ill. Reg. 24, p. 12, effective June 15, 1978; amended at 3 Ill. Reg.
33, p. 337, effective August 17, 1979; amended at 5 Ill. Reg. 724, effective January 2, 1981;
codified at 5 Ill. Reg. 10456; amended at 7 Ill. Reg. 1746, effective January 28, 1983; amended
at 8 Ill. Reg. 5925, effective April 23, 1984; amended at 9 Ill. Reg. 4489, effective March 22,
1985; amended at 9 Ill. Reg. 18411, effective November 19, 1985; amended at 10 Ill. Reg.
20464, effective January 1, 1987; amended at 12 Ill. Reg. 8283, effective May 2, 1988; amended
at 13 Ill. Reg. 3642, effective March 13, 1989; amended at 14 Ill. Reg. 1919, effective January
19, 1990; amended at 14 Ill. Reg. 15313, effective September 10, 1990; amended at 16 Ill. Reg.
11756, effective July 8, 1992; emergency amendment at 17 Ill. Reg. 14052, effective August 16,
1993, for a maximum of 150 days; amended at 18 Ill. Reg. 1850, effective January 24, 1994;
emergency amendment at 19 Ill. Reg. 10734, effective July 10, 1995, for a maximum of 150
days; emergency expired December 17, 1995; amended at 20 Ill. Reg. 276, effective January 1,
1996; emergency amendment at 20 Ill. Reg. 6581, effective April 30, 1996, for a maximum of
150 days; amended at 20 Ill. Reg. 13039, effective September 25, 1996; amended at 21 Ill. Reg.
17049, effective January 1, 1998; amended at 23 Ill. Reg. 411, effective January 1, 1999;
amended at 23 Ill. Reg. 7862, effective July 1, 1999; amended at 24 Ill. Reg. 997, effective
January 10, 2000; amended at 24 Ill. Reg. 16612, effective November 1, 2000; amended at 26 Ill.
Reg. 76, effective January 1, 2002; emergency amendment at 26 Ill. Reg. 6846, effective April
19, 2002, for a maximum of 150 days; emergency expired September 15, 2002; amended at 26
Ill. Reg. 18245, effective December 13, 2002; emergency amendment at 27 Ill. Reg. 9638,
effective June 10, 2003, for a maximum of 150 days; emergency expired November 6, 2003;
amended at 28 Ill. Reg. 2086, effective February 1, 2004; amended at 28 Ill. Reg. 13405,
effective October 1, 2004; amended at 30 Ill. Reg. 16582, effective October 9, 2006; amended at
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31 Ill. Reg. 82, effective January 1, 2007; amended at 34 Ill. Reg. 19399, effective January 1,
2011; amended at 38 Ill. Reg. 20655, effective October 16, 2014; amended at 40 Ill. Reg. 2682,
effective January 22, 2016.
Section 85.135 Requirements for Establishing and Maintaining a Herd Under the
Voluntary Paratuberculosis (Johne's Disease) Certification Program
a)
The following definitions shall be applicable to this Section:
1)
"Accredited laboratory" means a laboratory operated by the Illinois
Department of Agriculture, the University of Illinois College of Veterinary
Medicine, or a laboratory approved by the Director (on the basis of its
using USDA approved methods).
2)
"Animal" means cattle, bison, buffalo, goats, llamas, or members of the
cervid family.
3)
"Cow-side", "pen-side" or "on-site" test means any test approved by the
USDA for M. avium paratuberculosis that can be performed in the field by
an accredited veterinarian. Veterinarians must receive approval from the
Department to use this test, and all results must be reported to the
Department within 10 days. The test cannot be performed in a herd
participating in the Voluntary Johne's Disease Certification Program.
4)
"Herd" means all animals under common ownership or supervision that
are grouped on one or more parts of any single premises (lot, farm, ranch),
or all animals on two or more premises geographically separated, but on
which animals have been interchanged or where there has been contact
between the premises. Contact of animals between separated premises
under common management shall be assumed to have occurred unless
otherwise established by the herd owner or manager. Each separate
species of animal shall be considered as a separate herd.
5)
"Positive animal" means an animal infected with Mycobacterium avium
paratuberculosis, only if M. avium paratuberculosis is demonstrated by an
organism detection test on tissues or feces of the animal.
6)
"M. avium paratuberculosis-detection test" or "organism detection test"
means any test sufficiently sensitive and specific for detection of M.
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avium paratuberculosis in fecal samples. Definitions of "sufficiently
sensitive and specific" will be on the basis of results of performance of a
check test and proficiency standards set by the Uniform Program
Standards for the Voluntary Bovine Johne's Disease Control Program
(June 1, 2006). Any test approved by the USDA for M. avium
paratuberculosis organism detection (i.e., fecal culture or PCR
(polymerase chain reaction) test for M. avium paratuberculosis) is
acceptable as long as it is performed at an accredited laboratory.
7)
b)
"Serum antibody test" means any test sufficiently sensitive and specific for
detection of antibodies to M. avium paratuberculosis in bovine serum.
Definition of "sufficiently sensitive and specific" will be on the basis of
results of performance of a check test and proficiency standards set by the
Uniform Program Standards for the Voluntary Bovine Johne's Disease
Control Program (June 1, 2006), as recommended and approved by the
U.S. Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest
Avenue, Richmond, Virginia 23228). Any test approved by the USDA for
serum antibody detection (i.e., ELISA for M. avium paratuberculosis) is
acceptable as long as it is performed at an accredited laboratory.
Criteria for herds qualified to enter into the certification program:
1)
Participation in this program is voluntary and the producer/owner is
responsible for the cost of testing.
2)
The herd has been in existence for at least one year or the herd was
assembled with animals originating directly from paratuberculosiscertified herds only.
3)
A herd assembled with animals originating directly from certified herds
only shall start at the lowest certification level of the herds from which the
assembled animals were acquired. A negative first-herd test will qualify
the newly-assembled herd for the first certification level.
4)
All animals must have an approved, permanent, unique, legible
identification other than a plastic ear tag or neck chain. Acceptable types
of approved, permanent, unique, legible identification include registration
or association numbers accompanied by identification document, breed
registry ear tattoos, USDA uniform series ear tag (metal tags), freeze
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branding when the brand is listed on the breed registration certificate and
electronic identification (microchips) as long as a reader is supplied by the
owner or is readily available.
c)
Voluntary Johne's disease herd status for cattle shall be established and
maintained in accordance with the Uniform Program Standards for the Voluntary
Bovine Johne's Disease Control Program (June 1, 2006) that was approved and
adopted by the U.S. Animal Health Association (P.O. Box K227, Suite 114, 1610
Forest Avenue, Richmond, Virginia 23228), with the exceptions listed in
subsection (c)(1).
1)
2)
d)
Exceptions
A)
The organism detection test will be accepted for testing at any
level;
B)
Test eligible animals are all animals 24 months of age and older;
and
C)
The testing strategy using environmental sampling is not allowed.
Only animal testing is recognized for herd certification or herd
testing for the Risk Management program.
Herd owners using either the Fast Track or the Standard Track
certification program must sign a herd agreement prior to acceptance into
the program.
Criteria for certifying bison, buffalo, goats, llamas or members of the cervid
family herds under the Illinois Voluntary Johne's Disease Herd Certification
Program.
1)
The following certification levels will be awarded compliance with
certification requirements:
Level 1 − herd tested negative after one sampling.
Level 2 − herd tested negative after two samplings.
Level 3 − herd tested negative after three samplings.
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Level 4 − herd tested negative after four samplings.
Level 5 − herd tested negative after five samplings.
Level 5 Monitored − herd tested negative after six or more samplings.
2)
Certification requirements:
A)
For annual certification, all animals 24 months of age and older
must be tested.
B)
Certified herds must be tested every 12 months (+/- 2 months).
C)
All tests must be performed at an accredited laboratory.
D)
An organism detection test for M. avium paratuberculosis (i.e.,
fecal culture or PCR) must be conducted.
E)
Fecal collection must be done either by, or under the direct
supervision of, an accredited veterinarian who must verify that the
samples were collected from the animals identified on the test
documents.
F)
The owner must certify on an agreement form prescribed by the
Department:
i)
At the initial test date, the herd has been in existence for at
least one year or was assembled only from herds enrolled in
a M. avium paratuberculosis program and are at the same
or higher level than the herd. Animals purchased from
herds participating in M. avium paratuberculosis programs
outside of Illinois must have that state's program approved
by the Director prior to certification.
ii)
At each test date, all animals in the herd 24 months of age
or older were sampled and included in the herd test. A herd
can qualify for certification through a split herd testing
program. The producer must test all test-eligible animals at
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least once a year throughout a 12 month period. The
anniversary date would be the date that the herd test is
completed for the year. The testing schedule for the year
must be described in the annual herd agreement.
iii)
At each test date, a list identifying all animals previously
tested but no longer in the herd must be provided to the
Department.
iv)
At each test date, all animals added to the herd since the
last herd test were natural additions to (born into) the herd,
purchased from participating herds, or were tested at the
time of arrival on the premises (see subsection (d)(6)).
v)
At each test date, with a written statement sent to the
Department certifying to the best of his/her knowledge no
animal that left the herd tested positive for paratuberculosis
or was exhibiting clinical signs of Johne's disease.
3)
Upon completion of the required testing and review by the Director, the
Department shall issue a certificate verifying the herd's status.
4)
Handling of animals exhibiting clinical signs:
5)
A)
All animals exhibiting clinical signs of M. avium paratuberculosis
must be tested and isolated from the herd pending the test results.
An organism detection test (i.e., fecal culture or PCR) must be
used on feces from animals exhibiting clinical signs.
B)
A negative result on the M. avium paratuberculosis detection test
will allow the herd to move to the next certification level.
Suspension or revocation of herd certification:
A)
Identification of positive animals
i)
Identification
Identification of a positive animal using the organism
detection test during the certification herd test will result in
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the loss of certification status. The next negative test will
qualify the herd for Level 1 certification.
ii)
B)
Confirmation
If a positive animal is detected on any other test for Johne's
disease during the current certification period other than by
an organism detection test, the herd's certification will be
suspended pending a confirmatory organism detection test
of that animal.
Herds not tested within 14 months after the last sampling will lose
their certification status. The next negative herd test will qualify
the herd for Level 1 certification.
6)
Herd Additions. Animals purchased from another herd participating in a
M. avium paratuberculosis certification program may enter the herd
without further testing, and will be tested along with the herd at the next
annual test. Animals originating from herds that are not participating in a
M. avium paratuberculosis certification program must be isolated from the
other members of the herd until a negative organism detection test has
been received. Isolation means that the animal can have no opportunity to
share feed or water receptacles with other members of the herd, and there
can be no chance of fecal contamination from the animal.
7)
Protocol. If an animal sold from a certified herd is identified as positive:
A)
If an animal sold from a certified negative herd is identified as
positive by an organism detection test within 16 months after the
date of sale, the selling certified herd may, within 120 days after
being notified, be required to conduct a herd retest of all eligible
animals. Determination of retesting of the herd will be made by the
Director based upon, but not limited to, the level of certification of
the herd, the last negative organism detection test of the herd and
the status of the other animals in the purchasing herd, if known.
B)
The selling certified herd will maintain its present certification
status pending the results of the herd test or at the determination of
the Director based on epidemiological evidence provided by a state
or federal veterinarian.
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C)
If the herd retest is negative, the herd will maintain its "present"
certification status. The herd owner/manager shall then have the
option of maintaining his/her present test schedule or rescheduling
his/her herd test date so that his/her next herd test is not due until
12 months after the retest.
D)
If a positive animal is identified on this retest, the selling herd will
lose its certification status. The next negative herd test will qualify
the herd for Level 1 certification.
(Source: Amended at 40 Ill. Reg. 2682, effective January 22, 2016)
Section 85.140 Requirements for Establishing and Maintaining a Herd Under the
Voluntary Paratuberculosis (Johne's Disease) Risk Management Program
a)
The following definitions shall be applicable to this Section:
"Accredited laboratory" means a laboratory operated by the Illinois
Department of Agriculture, the University of Illinois College of Veterinary
Medicine, or a laboratory approved by the Director (on the basis that it is
using USDA approved methods).
"Certified Johne's Disease Veterinarian" means a veterinarian who has
completed a prescribed course and field training for conducting risk
assessments and writing herd plans for herds dealing with Johne's disease.
Certification will be issued by the State Veterinarian and/or the designated
Johne's Disease Coordinator.
"Herd" shall mean all animals under common ownership or supervision
that are grouped on one or more parts of any single premises (lot, farm,
ranch), or all animals on two or more premises geographically separated,
but on which animals have been interchanged or where there has been
contact between the premises. Contact of animals between separated
premises under common management shall be assumed to have occurred
unless otherwise established by the herd owner or manager. Each separate
species of animal shall be considered as a separate herd.
"M. avium paratuberculosis-detection test" or "organism detection test"
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means any test sufficiently sensitive and specific for detection of M.
avium paratuberculosis in fecal samples. Definition of "sufficiently
sensitive and specific" will be on the basis of results of performance of a
check test and proficiency standards set by the Uniform Program
Standards for the Voluntary Bovine Johne's Disease Control Program
(June 1, 2006). Any test approved by the USDA for M. avium
paratuberculosis organism detection (i.e., fecal culture test or PCR for M.
avium paratuberculosis) is acceptable as long as it is performed at an
accredited laboratory.
"Serum antibody test" means any test sufficiently sensitive and specific for
detection of antibodies to M. avium paratuberculosis in bovine serum.
Definition of "sufficiently sensitive and specific" will be on the basis of
results of performance of a check test and proficiency standards set by the
Uniform Program Standards for the Voluntary Bovine Johne's Disease
Control Program (June 1, 2006), approved by the U.S. Animal Health
Association (P. O. Box K227, Suite 114, 1610 Forest Avenue, Richmond,
Virginia 23228). Any test approved by the USDA for serum antibody
detection (i.e., ELISA for M. avium paratuberculosis) is acceptable as long
as it is performed at an accredited laboratory.
b)
Criteria for herds qualified to enter into the risk management program:
1)
Participation in this program is voluntary and the producer/owner is
responsible for the cost of testing.
2)
The herd has been in existence for at least one year or the herd was
assembled with animals originating directly from paratuberculosiscertified or risk managed herds only.
3)
A herd assembled with animals originating directly from risk managed
herds only shall start at the lowest certification level of the herds from
which the assembled animals were acquired.
4)
All animals must have an approved, permanent, unique, legible
identification other than a plastic ear tag or neck chain. Acceptable types
of approved, permanent, unique, legible identification include registration
or association numbers accompanied by identification document, breed
registry ear tattoos, USDA uniform series ear tag (metal tags), freeze
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branding when the brand is listed on the breed registration certificate and
electronic identification (microchips) as long as a reader is supplied by the
owner or is readily available.
c)
Criteria for enrolling and maintaining cattle, buffalo or bison herds under the
Illinois Voluntary Johne's Disease Risk Management Program.
1)
2)
The following certification levels will be awarded compliance with
certification requirements:
A)
Level A − 30 head or the whole herd has been tested with no
positives disclosed.
B)
Level B − the whole herd has been tested with less than 5% (0% to
4.99%) of the animals testing positive.
C)
Level C − the whole herd has been tested with 5% to 14.99% of
the animals testing positive.
D)
Level D − the whole herd has been tested with 15% or greater of
the animals testing positive, or 30 head were tested with one or
more positive animals disclosed.
E)
Potential Maximum Risk herds have had no animals tested or do
not disclose any test results.
F)
A level achievement year representing when the herd reached the
status level will be added to the status designation (e.g., Level A
since 1999).
Certification requirements:
A)
Testing shall be done annually within 10-14 months after the initial
status testing anniversary date and a herd shall remain at that level
for a year, regardless of the amount of testing completed during
that time. A herd can qualify through a split herd testing program.
The producer must test all test-eligible animals at least once a year
throughout a 12 month period with the exception of any "J"
punched animals in the herd. "J" punched animals do not have to
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be tested, but must be accounted for on the annual herd agreement.
The anniversary date would be the date that the herd test is
completed for the year. The testing schedule for the year must be
described in the annual herd agreement.
d)
B)
AEither a fecal culture, PCR or ELISA test may be used for
certification.
C)
Whole herd tests are conducted on all animals two years of age and
older.
D)
Tests on 30 animals must be a random sampling of animals two
years of age and older. The same animals should not be tested in
consecutive testing years.
E)
All tests must be performed at an accredited laboratory.
F)
Fecal and blood collection must be done either by, or under the
direct supervision of, an accredited veterinarian, who must verify
that the samples were collected from the animals identified on the
test documents.
G)
An annualanimal risk assessment and updated herd plan has been
completed for the herd by a Certified Johne's Disease Veterinarian
or a state or federal veterinarian.
3)
Upon completion of the required testing and review by the Director, the
Department shall issue a certificate verifying the herd's status.
4)
Herds not tested within 14 months after the last sampling will lose their
certification status. If the herd had animals testing positive on an
organism detection test within the past two years, the herd will be
restricted. Herds that stop testing but continue to have an annual risk
assessment and herd plan completed by a certified Johne's disease
veterinarian and follow the management guidelines prescribed in the herd
plan will maintain their certification statusnot be restricted (see Section
85.145).
Criteria for enrolling and maintaining cervid or goat herds under the Illinois
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Voluntary Johne's Disease Risk Management Program.
1)
2)
The following certification levels will be awarded compliance with
certification requirements:
A)
Level A − 30 head or the whole herd has been tested with no
positives disclosed.
B)
Level B − the whole herd has been tested with less than 5% (0% to
4.99%) of the animals testing positive.
C)
Level C − the whole herd has been tested with 5% to 14.99% of
the animals testing positive.
D)
Level D − the whole herd has been tested with 15% or greater of
the animals testing positive, or 30 head were tested with one or
more positive animals disclosed.
E)
Potential Maximum Risk herds have had no animals tested or do
not disclose any test results.
F)
A level achievement year representing when the herd reached the
status level will be added to the status designation (e.g., Level A
since 2002).
Certification requirements:
A)
Testing shall be done annually within 10-14 months after the initial
status testing anniversary date and a herd shall remain at that level
for a year, regardless of the amount of testing completed during
that time. A herd can qualify through a split herd testing program.
The producer must test all test-eligible animals at least once a year
throughout a 12 month period with the exception of any "J"
punched animals in the herd. "J" punched animals do not have to
be tested, but must be accounted for on the annual herd agreement.
The anniversary date would be the date that the herd test is
completed for the year. The testing schedule for the year must be
described in the annual herd agreement.
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e)
B)
The fecal culture must be used for certification.
C)
Whole herd tests are conducted on all animals two years of age and
older.
D)
Tests on 30 animals must be a random sampling of animals two
years of age and older. The same animals should not be tested in
consecutive testing years.
E)
All tests must be performed at an accredited laboratory.
F)
Fecal collection must be done either by, or under the direct
supervision of, an accredited veterinarian, who must verify that the
samples were collected from the animals identified on the test
documents.
3)
Upon completion of the required testing and review by the Director, the
Department shall issue a certificate verifying the herd's status.
4)
Herds not tested within 14 months after the last sampling will lose their
certification status.
Additions to the herd. Animals purchased from another herd participating in an
M. avium paratuberculosis certification program may enter the herd without
further testing, and will be tested along with the herd at the next annual test.
Animals originating from herds that are participating in Johne's Disease Risk
Management Program and are of the same level as the purchasing herd can be
added to the herd without further testing and be tested on the next annual test. If
the purchased additions originate from herds that are of a lower risk management
level or are from a herd that has not been tested, the purchasing herd will assume
the level of the purchased additions or will lose its herd status unless the animals
have had a negative test within 30 days prior to purchase, or are isolated from the
other members of the herd until a negative test has been received. Isolation
means that the animal can have no opportunity to share feed or water receptacles
with other members of the herd, and there can be no chance of fecal
contamination from the animal.
(Source: Amended at 40 Ill. Reg. 2682, effective January 22, 2016)
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
Section 85.145 Johne's Disease Positive Animals
Any animals found to be positive for Johne's disease on an organism detection (culture) test shall
be "J" punched in the left ear within 30 days after diagnosis. The "J" punch shall be no smaller
than one inch in height for cattle or bison or one-half inch for cervids or goats. Animals found to
be positive on an organism detection test can only be sold for slaughter. The herd will be placed
under restriction until the herd has either enrolled in the Voluntary Johne's Disease Herd
Program or Johne's Disease Risk Management Program (see Section 85.140(c)(4) for
exemptions). Herds restricted due to Johne's disease cannot sell any animals except to slaughter
unless the animals have been tested negative for Johne's disease within 30 days prior to sale on a
serum antibody test, or within 30 days after receiving negative results on an organism detection
test, or the herd is enrolled in the Johne's Disease Risk Management Program.
(Source: Amended at 40 Ill. Reg. 2682, effective January 22, 2016)
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NOTICE OF ADOPTED AMENDMENT
1)
Heading of Part: Illinois Dead Animal Disposal Act
2)
Code Citation: 8 Ill. Adm. Code 90
3)
Section Number:
90.110
4)
Statutory Authority: Illinois Dead Animal Disposal Act [225 ILCS 610]
5)
Effective Date of Rule: January 22, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rule, including any material incorporated by reference, is on file in
the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 14061; October 30,
2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposed and Final Version: In Section 90.110, strike ", poultry,
fish," and add "including poultry or fish)".
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? None were made.
13)
Will this rulemaking replace an emergency rule currently in effect? No
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: The Illinois Dead Animal Disposal Act
regulations provide for the on-farm disposal of livestock and poultry by owners via
several methods. One method of disposal is the composting of carcasses. Currently,
composting of equine, cervidae, and other unlisted small species of animals is not
provided for in the regulations. The proposed changes provide for the composting of
these animals.
Adopted Action:
Amendment
ILLINOIS REGISTER
DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
16)
Information and questions regarding this adopted rule shall be directed to:
Susan Baatz
Illinois Department of Agriculture
P. O. Box 19281, State Fairgrounds
Springfield IL 62794-9281
217/524-6905
fax: 217/785-4505
The full text of Adopted Amendment begins on the next page:
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS
(EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 90
ILLINOIS DEAD ANIMAL DISPOSAL ACT
Section
90.5
90.10
90.20
90.30
90.40
90.50
90.60
90.70
90.80
90.90
90.100
90.105
90.110
90.120
90.130
Definitions
Plant Facilities
Plant Premises
Annual Truck Permits (Repealed)
Truck Operator's Records (Repealed)
Odors and Insects Shall Be Controlled
Salmonella Control For Renderers and Blenders
Inspection of Premise (Repealed)
Identification of Receptacles
Records (Repealed)
Transportation and Transactions (Repealed)
Owner Transportation to Landfill
On-The-Farm Disposal
Collection Center
Disposal By Collection Center of Unusable Materials
AUTHORITY: Implementing and authorized by the Illinois Dead Animal Disposal Act [225
ILCS 610].
SOURCE: Regulations Relating to the Disposal of Dead Animals, filed January 17, 1972,
effective January 27, 1972; filed December 6, 1972, effective December 16, 1972; codified at 5
Ill. Reg. 10458; amended at 7 Ill. Reg. 852, effective January 10, 1983; amended at 8 Ill. Reg.
5937, effective April 23, 1984; amended at 13 Ill. Reg. 3681, effective March 13, 1989; amended
at 16 Ill. Reg. 11773, effective July 8, 1992; amended at 18 Ill. Reg. 14917, effective September
26, 1994; amended at 20 Ill. Reg. 294, effective January 1, 1996; amended at 28 Ill. Reg. 13415,
effective October 1, 2004; amended at 40 Ill. Reg. 2699, effective January 22, 2016.
Section 90.110 On-The-Farm Disposal
Persons disposing of animals (including fish or poultry), poultry, fish, or parts of bodies thereof,
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
other than to a licensed renderer, shall comply with the following:
a)
b)
Disposal by Burning
1)
No open burning will be permitted.
2)
Any disposal by burning must be performed with an incinerator that is in
compliance with the Illinois Environmental Protection Act [415 ILCS 5].
Disposal by Burying
1)
Burial shall be on the premises owned or operated by the owner of the
dead animal.
A)
Location shall be in an area where runoff will not contaminate
water supplies or allow leachate to discharge into streams, ponds
or lakes.
i)
Dead animals shall not be buried less than 200 feet from a
stream, private potable water supply well, or any other
potable water supply source, except in accordance with
Section 14.2(b) of the Illinois Environmental Protection
Act.
ii)
Dead Animals shall not be buried within the applicable 200
or 400 foot minimum setback zone of an existing
community water supply well as established pursuant to
Section 14.2 of the Illinois Environmental Protection Act.
B)
Dead animals shall not be buried less than 200 feet from any
existing residence not owned or occupied by the owner of the
animal.
C)
No more than a ratio of one pound of dead animals per one square
foot of surface area shall be buried on an annual basis. No more
than 3,000 pounds of dead animals shall be buried in each site
location, and the same site shall not be used more frequently than
once every 2two years for burial purposes. There shall be no more
than three site locations within a radius of 120 feet.
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
c)
2)
Burial depth shall be sufficient to provide at least a 6"six-inch compacted
soil cover over the uppermost part of the carcass. Precautions shall be
taken to minimize soil erosion.
3)
The abdominal cavity of large carcasses shall be punctured to allow
escape of putrefactive gasses.
4)
Lime or other chemical agent shall not be used to prevent decomposition.
5)
Precautions shall be taken at the site of burial necessary to prevent any
disturbance by animal or mechanical means.
6)
Disease and nuisance vectors are to be minimized and controlled.
7)
Final cover or settling shall be limited to a 5% or less slope differential
from the normal gradient of its general surroundings.
8)
Burial site locations shall be available for inspection by Department
personnel during normal working hours.
Disposal of poultry by composting. Persons disposing of poultry by means of
composting shall comply with the following requirements:
1)
The composter shall meet the following criteria:
A)
A roof shall cover the entire composting area.
B)
An impervious, weight-bearing foundation such as concrete shall
be used.
C)
Rot-resistant building materials such as preservative-treated
lumber shall be used.
D)
The composter shall consist of primary and secondary bins.
E)
The size of the composter shall be based on the farm's projected
mortality rate of poultry, in which one pound of dead poultry per
cubic foot of primary compost space per day is provided.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
2)
3)
d)
Composting shall comply with the following guidelines:
A)
A mixture of one part dead poultry (by weight), one and one-half
part poultry litter, and one-tenth part of straw shall be used. For
example: 400 pounds of dead poultry will require 600 pounds of
poultry litter and 40 pounds of straw.
B)
Layering shall be done in the following order, starting from the
floor:
i)
(First Layer: strawlayer) Straw, poultry litter, straw, birds,
and poultry litter.
ii)
Second and Subsequent Layerssubsequent layers: straw,
birds, and poultry litter.
C)
A 36"-inch probe-type thermometer shall be inserted daily into the
pile to check the temperature. Within 2two to 4four days, the
temperature should peak between 135º F. and 150º F.
D)
Once the temperature begins to fall from the peak (normally 7 to
10 days), the material shall be removed to the secondary treatment
bin.
E)
After 7 to 10 days in the secondary bin, the compost may be
agronomically distributed over land under cultivation or reused in
the composting process. For the purpose of this subsection
(c)(2)(E), the agronomic rate is the annual application rate of
poultry compost, either alone or in combination with other nutrient
supplying materials, that is necessary to achieve a reasonable crop
yield without exceeding crop nutrient requirements.
The composted material may be substituted for up to one-half of the
poultry litter and one-half of the straw.
Disposal of fish by composting. Persons disposing of fish by means of
composting shall comply with the following requirements:
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
1)
2)
3)
The composter shall meet the following criteria:
A)
A roof shall cover the entire composting area.
B)
An impervious, weight-bearing foundation such as concrete shall
be used.
C)
Rot-resistant building materials such as preservative-treated
lumber shall be used.
The base layer shall meet the following criteria:
A)
Use 6 to 12" inches thick of a bulking agent.
B)
Be no more than 6 to 8 feet wide, but as long as necessary to
accommodate the day's supply of compost material.
Composting shall meet the following guidelines:
A)
Composting layer shall consist of a mixture of one part fish, three
parts bulking agent and one part recycled compost (if available) or
bulking agent and shall be mixed prior to use in the composting
layer. The mixing of the materials for the composting layer shall
be done in a manner to prevent leakage (e.g., stock tank, bucket,
mixing drum).
B)
The cover layer shall consist of two parts bulking agent and two
parts recycled compost (if available) or two parts bulking agent
and should reach a thickness of 6 to 12" inches.
C)
Layering shall be done in the following order starting from the
concrete: base layer, composting layer (fish, bulking agent and
recycled compost), and cover layer. The composting and cover
layers are piled on top of the base layer to form a trapezoid no
higher than 4 feet.
D)
Additions to the compost pile are done by adding new material to
the end of the pile.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
e)
E)
A probe-type thermometer shall be inserted daily into the pile to
check the temperature. The temperature should peak between 140º
F. and 165º F. The material can be recycled after it has composted
for at least 2 to 3 weeks, and its temperature has dropped to air
temperature.
F)
After the temperature has dropped to air temperature (normally 2
to 3 weeks), the composted material may be used in the
composting layer, or after one month, the composted material may
be agronomically distributed over land under cultivation or reused
in the cover layer. For the purpose of this subsection (d)(3)(F), the
agronomic rate is the annual application rate of fish compost,
either alone or in combination with other nutrient supplying
materials, that is necessary to achieve a reasonable crop yield
without exceeding crop nutrient requirements.
Disposal of swine by composting. Persons disposing of swine by means of
composting shall comply with the following requirements:
1)
The composter shall be located entirely over impervious foundation
materials.
A)
One of two foundations shall be used:
i)
impervious soil (permeability equal to or less than 1 x 10-7
cm/sec. as defined in Section 651.0703 "Geotechnical
considerations in waste facility siting", Agricultural Waste
Management Field Handbook, Soil Conservation Service,
U.S. Department of Agriculture, 1992). A 4 to 6" inch base
of ungraded (varying particle size) field lime over the soil
foundation is suggested as a runoff control measure.
ii)
an impervious, weight-bearing foundation such as concrete
or asphalt.
2)
Surface water shall be diverted away from the composter.
3)
Location shall be in an area where runoff will not contaminate water
supplies or allow leachate to discharge into streams, ponds or lakes.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
A)
Composter shall not be constructed less than 200 feet from a
stream, private potable water supply well, or any other potable
water supply source, except in accordance with Section 14.2(b) of
the Illinois Environmental Protection Act.
B)
Composter shall not be constructed within the applicable 200 or
400 foot minimum setback zone of an existing community water
supply well as established pursuant to Section 14.2 of the Illinois
Environmental Protection Act.
4)
The composter shall consist of primary and secondary bins. The size of
the composter shall be based on the farm's projected mortality rate of
swine during any 3three-month period. The primary and secondary bins
shall each contain a minimum of 10 square feet of composting area for
each 1000 pounds of carcass to be composted.
5)
The composter shall be constructed of permanent rot-resistant wall
materials, such as preservative-treated wood, concrete, or precast concrete
such as highway lane dividers. Each composter bin shall be three sides of
a rectangle or square. One side of the bin shall be left open for loading,
unloading and mixing the compost. In emergency situations, hay bales of
48" inches or greater in diameter may be used on a temporary basis in the
above configuration of side walls.
6)
Composting shall comply with the following guidelines:
A)
Coarse sawmill sawdust, shredded cornstalks, chopped straw,
coarse-ground corn cobs, and other materials possessing like
properties and having similar particle size are recommended for
the carbon source.
B)
It is expected that the carbon source will be required in the ratio of
approximately one cubic foot of the carbon source per 10ten
pounds of carcass (3.7 cubic yards of the carbon source per 1000
pounds of carcass). A supply of the carbon source shall be
stockpiled and maintained on the premises at all times when the
composter is in operation.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
C)
Each compost bin shall have a layer of carbon source a minimum
of 10" inches deep placed on the floor before the first carcass is
placed in the bin. There shall be a minimum of 10" inches of
carbon source between the carcass and each of the vertical walls of
the bin. The carcass shall be covered with a minimum of 10"
inches of carbon source. The carbon source shall be added to the
pile as composting begins, daily or as frequently as needed to
sustain a 10" inch cover of carbon source over all carcasses in the
bin's uppermost layer.
D)
A compost thermometer with a probe at least 36" long shall be
obtained and used daily to measure the temperature of the compost
in the middle of each bin. The compost temperature should reach
135 to 160° degrees F. (57° to 71° C.) and be recorded daily.
Compost temperature indicates microbial activity and stage of
composting process. The composting process shall be managed in
such a way that the heating and decomposition can proceed to
completion. If aerobic composting does not begin with 7 days, i.e.,
if temperatures do not rise above 135° F., the compost pile shall be
turned and moisture content of the carbon source adjusted to allow
the process to proceed. Temperature records shall be available for
examination until the compost is disposed of as in subsection
(e)(6)(G).
E)
The carbon source and carcasses may be placed in the bin until the
bin is full.
F)
All compost from the primary bin shall be allowed to undergo a
second composting phase as follows:
i)
When the temperature surrounding the last carcass placed
in the composter drops below 130° F. (typically up to
3three months after the last carcass addition), the compost
in that bin shall be transferred to a second bin and allowed
to reheat, through a second composting cycle. Moisture
shall be added to the compost as needed to promote further
composting activity.
ii)
Compost shall remain in the second bin for the duration of
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
the secondary composting cycle (typically 3three months).
Temperature of the compost shall be measured using the
compost thermometer to monitor the composting process.
G)
f)
Finished compost shall be agronomically distributed over land
under cultivation or reused in the composting process. Finished
compost may be returned to the primary composting bin in the
ratio of up to 50% percent finished compost to fresh carbon source.
For the purpose of this subsection (e)(6)(G), the agronomic rate is
the annual application rate of swine compost, either alone or in
combination with other nutrient supplying materials that is
necessary to achieve a reasonable crop yield without exceeding
crop nutrient requirements.
Disposal of cattle, equine, cervidae, sheep, or goats, or other small animals by
composting. Persons disposing of cattle, equine, cervidae, sheep, or goats, or
other small animals by means of composting shall comply with the following
requirements:
1)
Carcasses of those animals dying of suspect neurological causes shall not
be composted.
2)
The composter shall be located entirely over impervious foundation
materials. One of two foundations shall be used:
3)
A)
Impervious soil (permeability equal to less than 1 x 10-7 cm/sec., as
defined in Section 651.0703 (Geotechnical considerations in waste
facility siting) of the Agricultural Waste Management Field
Handbook, Soil Conservation Service, U.S. Department of
Agriculture, 1992). A 4 to 6" inch base of ungraded (varying
particle size) field lime over the soil foundation is suggested as a
runoff control measure.
B)
An impervious, weight-bearing foundation such as concrete or
asphalt.
Surface water shall be diverted away from the composter.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
4)
Location shall be in an area where runoff will not contaminate water
supplies or allow leachate to discharge into streams, ponds or lakes.
A)
The composter shall not be constructed less than 200 feet from a
stream, private potable water supply well, or any other potable
water supply source, except in accordance with Section 14.2(b) of
the Illinois Environmental Protection Act.
B)
The composter shall not be constructed within the applicable 200or 400-foot minimum setback zone of an existing community
water supply well as established pursuant to Section 14.2 of the
Illinois Environmental Protection Act.
C)
A composting site shall be located at least ¼ mile from the nearest
occupied residence (other than a residence located on the same
property as the facility).
5)
The composter shall consist of at least two bins, allowing operation as
primary and secondary composting sequences.
6)
The composter shall be constructed of permanent rot-resistant materials,
such as preservative-treated wood or concrete.
7)
The size of the composter shall be based on the facility's greatest projected
mortality rate of animals during any 3three-month period of the year.
8)
The composter bin minimum width dimension shall be large enough to
allow placement of the largest carcass with at least one foot of space all
around the carcass for carbon source material, or at least one foot greater
than the width of the loader bucket used for turning the compost,
whichever is larger.
9)
A composting thermometer with a minimum probe length of 36" shall be
kept available at the facility for monitoring progress of the compost
process.
10)
Records of carcass additions, composter operation and land application of
finished compost shall be maintained on the premises.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
11)
Composting shall comply with the following guidelines:
A)
Coarse sawmill sawdust, shredded corn stalks, chopped straw,
coarse-ground corn cobs, and other materials possessing like
properties and having similar particle size are recommended as the
carbon source.
B)
A supply of carbon source materials shall be stockpiled and
maintained on the premises at all times when the composter is in
operation.
C)
Finished compost from the carcass composting process (secondary
bins) may be re-used in an amount appropriate to maintaining
proper composting operation (up to 50% volume of re-used
finished compost suggested).
D)
Each carcass placed on the floor of a primary bin shall be underlain
with at least 12" inches of absorbent carbon source material.
E)
Carcasses weighing more than 300 lb. shall be processed prior to
covering with carbon source material. Processing may consist of,
but is not limited to:
i)
opening the abdominal cavity to facilitate contact of carbon
source material and reduce distention of carcass with gases;
and
ii)
incising the large limb muscles to facilitate contact of
carbon source material and thereby hasten composting.
F)
Each carcass placed in the primary composter bin shall be
immediately covered with a layer of carbon source material to a
depth of at least 12" on top and all sides. Carbon source material
shall be added to the composter daily or as frequently as needed to
sustain a cover of carbon source material over all parts of carcasses
in the bin's uppermost layer.
G)
Carcasses and carbon source material may be added to the primary
bin until the bin is full.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
g)
H)
The composting process shall be monitored and managed in such a
way that heating and decomposition can proceed to completion
(typically 3three months in the primary bin from the time the last
carcass is placed in the bin and another 3three months in the
secondary bin from the time the compost is moved into the
secondary bin from the primary bin). Water shall be added as
necessary to adjust the moisture content of the compost and
promote further composting activity.
I)
Finished compost shall be agronomically distributed over land
under cultivation or reused in the composting process. Finished
compost may be returned to the primary composting bin in a ratio
of up to 50% finished compost to fresh carbon source material.
For the purpose of this subsection (f)(11)(I), the agronomic rate is
the annual application rate of the compost, either alone or in
combination with other nutrient supplying materials, which is
necessary to achieve a reasonable crop yield without exceeding
crop nutrient requirements.
Disposal of cattle, cervidae, sheep and goat offal by composting. Persons
disposing of sheep or goat offal by means of composting shall comply with the
following requirements:
1)
Offal of those animals dying of suspect neurological causes shall not be
composted.
2)
The composter shall be located entirely over impervious foundation
materials. One of two foundations shall be used:
A)
Impervious soil (permeability equal to less than 1 x 10-7 cm/sec., as
defined in Section 651.0703 (Geotechnical considerations in waste
facility siting) of the Agricultural Waste Management Field
Handbook, Soil Conservation Service, U.S. Department of
Agriculture, 1992). A 4 to 6" inch base of ungraded (varying
particle size) field lime over the soil foundation is suggested as a
runoff control measure.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
B)
An impervious, weight-bearing foundation such as concrete or
asphalt.
3)
Surface water shall be diverted away from the composter.
4)
Location shall be in an area where runoff will not contaminate water
supplies or allow leachate to discharge into streams, ponds or lakes.
5)
The composter shall not be constructed less than 200 feet from a stream,
private potable water supply well, or any other potable water supply
source, except in accordance with Section 14.2(b) of the Illinois
Environmental Protection Act.
6)
The composter shall not be constructed within the applicable 200- or 400foot minimum setback zone of an existing community water supply well
as established pursuant to Section 14.2 of the Illinois Environmental
Protection Act.
7)
A composting site shall be located at least ¼ mile from the nearest
occupied residence (other than a residence located on the same property as
the facility).
8)
The composter shall consist of at least two bins, allowing operation as
primary and secondary composting sequences.
9)
The composter shall be constructed of permanent rot-resistant materials,
such as preservative-treated wood or concrete.
10)
The size of the composter shall be based on the greatest projected offal
rate from animals during any 3three-month period of the year.
11)
The composter bin minimum width dimension shall be at least one foot
greater than the width of the loader bucket used for turning the compost.
12)
A composting thermometer with a minimum probe length of 36" shall be
kept available at the facility for monitoring progress of the compost
process.
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
13)
Records of offal additions, composter operation and land application of
finished compost shall be maintained on the premises.
14)
Composting shall comply with the following guidelines:
A)
Coarse sawmill sawdust, shredded corn stalks, chopped straw,
coarse-ground corn cobs, and other materials possessing like
properties and having similar particle size are recommended as the
carbon source.
B)
A supply of carbon source materials shall be stockpiled and
maintained on the premises at all times when the composter is in
operation.
C)
Finished compost from the offal composting process (secondary
bins) may be re-used in an amount appropriate to maintaining
proper composting operation (up to 50% volume of re-used
finished compost suggested).
D)
Offal placed on the floor of a primary bin shall be mixed in a 50/50
ratio to carbon source material and underlain with at least 12" of
absorbent carbon source material.
E)
Any offal placed in the primary composter bin shall be
immediately covered with a layer of carbon source material to a
depth of at least 12" on top and all sides. Carbon source material
shall be added to the composter daily or as frequently as needed to
sustain a cover of carbon source material over all parts of carcasses
in the bin's uppermost layer.
F)
Offal and carbon source material may be added to the primary bin
until the bin is full.
G)
The composting process shall be monitored and managed in such a
way that heating and decomposition can proceed to completion
(typically 3three months in the primary bin from the time the last
carcass is placed in the bin and another 3three months in the
secondary bin from the time the compost is moved into the
secondary bin from the primary bin). Water shall be added as
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENT
necessary to adjust the moisture content of the compost and
promote further composting activity.
H)
Finished compost shall be agronomically distributed over land
under cultivation or reused in the composting process. Finished
compost may be returned to the primary composting bin in a ratio
of up to 50% finished compost to fresh carbon source material.
For the purpose of this subsection (g)(14)(H), the agronomic rate is
the annual application rate of the compost, either alone or in
combination with other nutrient supplying materials, which is
necessary to achieve a reasonable crop yield without exceeding
crop nutrient requirements.
(Source: Amended at 40 Ill. Reg. 2699, effective January 22, 2016)
ILLINOIS REGISTER
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NOTICE OF ADOPTED AMENDMENTS
1)
Heading of Part: Swine Disease Control and Eradication Act
2)
Code Citation: 8 Ill. Adm. Code 105
3)
Section Numbers:
105.10
105.30
105.110
105.120
4)
Statutory Authority: Swine Disease Control and Eradication Act [510 ILCS 100] and the
Illinois Pseudorabies Control Act [510 ILCS 90]
5)
Effective Date of Rules: January 22, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rules, including any material incorporated by reference, is on file
in the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 14078; October 30,
2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposed and Final Version: In Section 105.110 (a) and Section
105.120 added "(see 9 CFR 86.1 (2015))" after the word "identifier".
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? None were made.
13)
Will this rulemaking replace an emergency rule currently in effect? No
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: The State of Illinois has maintained Stage V
(free) pseudorabies (PRV) status since 2002. The rules would update references to CFR,
Adopted Actions:
Amendment
Amendment
Amendment
Amendment
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modify identification and entry requirements for Illinois and out-of-state exhibition
swine, and eliminate pseudorabies testing for Illinois exhibition swine as long as Illinois
maintains pseudorabies stage IV or V state status.
16)
Information and questions regarding these adopted rules shall be directed to:
Susan Baatz
Illinois Department of Agriculture
P. O. Box 19281, State Fairgrounds
Springfield IL 62794-9281
217/524-6905
fax: 217/785-4505
The full text of Adopted Amendments begins on the next page:
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TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS
(EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 105
SWINE DISEASE CONTROL AND ERADICATION ACT
Section
105.5
105.7
105.10
105.20
105.30
105.40
105.41
105.42
105.44
105.46
105.50
105.60
105.70
105.80
105.90
105.100
105.110
105.120
105.130
Definitions
Incorporation by Reference
Swine Entering Illinois for Feeding Purposes Only
Quarantine of Imported Feeder Swine (Repealed)
Swine Entering Illinois for Breeding Purposes
Pseudorabies (Aujeszky's Disease) in Swine (Repealed)
General Requirements for Qualified Pseudorabies Negative, Controlled
Vaccinated and Feeder Swine Pseudorabies Monitored Herds (Repealed)
Requirements for Establishing and Maintaining Qualified Pseudorabies Negative
Herds (Repealed)
Requirements for Establishing and Maintaining Pseudorabies Controlled
Vaccinated Swine Herds (Repealed)
Requirements for Establishing and Maintaining Feeder Swine Pseudorabies
Monitored Herds (Repealed)
Official Pseudorabies Test (Repealed)
Pseudorabies Test Requirements for Intrastate Movement (Repealed)
Pseudorabies Testing of Feeder Swine (Repealed)
Feeder Swine (Repealed)
Feral Swine
Feeder Swine Moving Through Pig Shows/Sales
Swine Entering Illinois for Exhibition Purposes Other Than Through Show/Pig
Sales
Illinois Exhibition Swine
Requirements for Establishing and Maintaining a Herd Under the Voluntary
Porcine Reproductive and Respiratory Disease (PRRS) Monitored Herd Program
AUTHORITY: Implementing and authorized by the Illinois Swine Disease Control and
Eradication Act [510 ILCS 100], the Illinois Pseudorabies Control Act [510 ILCS 90], and the
Illinois Swine Brucellosis Eradication Act [510 ILCS 95].
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SOURCE: Rules and Regulations Relating to the Illinois Swine Disease Control and Eradication
Act, filed February 24, 1975, effective March 6, 1975; 2 Ill. Reg. 24, p. 31, effective June 15,
1978; 2 Ill. Reg. 46, p. 10, effective November 11, 1978; 3 Ill. Reg. 33, p. 341, effective January
1, 1980; 5 Ill. Reg. 3, p. 745, effective January 2, 1981; 5 Ill. Reg. 45, p. 12100, effective
October 27, 1981; codified at 5 Ill. Reg. 10461; amended at 5 Ill. Reg. 13619, effective
December 4, 1981; amended at 8 Ill. Reg. 5998, effective April 23, 1984; amended at 9 Ill. Reg.
2236, effective February 15, 1985; amended at 9 Ill. Reg. 18435, effective November 19, 1985;
amended at 10 Ill. Reg. 9758, effective May 21, 1986; amended at 11 Ill. Reg. 10187, effective
May 15, 1987; amended at 11 Ill. Reg. 10538, effective May 21, 1987; amended at 12 Ill. Reg.
3440, effective January 22, 1988; amended at 13 Ill. Reg. 3715, effective March 13, 1989;
amended at 14 Ill. Reg. 1961, effective January 19, 1990; amended at 14 Ill. Reg. 15322,
effective September 10, 1990; amended at 16 Ill. Reg. 11799, effective July 8, 1992; emergency
amendment at 17 Ill. Reg. 5910, effective March 17, 1993, for a maximum of 150 days; amended
at 17 Ill. Reg. 14010, effective August 16, 1993; amended at 18 Ill. Reg. 1880, effective January
24, 1994; amended at 18 Ill. Reg. 17968, effective January 1, 1995; amended at 20 Ill. Reg.
1563, effective January 12, 1996; amended at 21 Ill. Reg. 917, effective January 7, 1997;
amended at 21 Ill. Reg. 17094, effective January 1, 1998; amended at 23 Ill. Reg. 459, effective
January 1, 1999; amended at 24 Ill. Reg. 1017, effective January 10, 2000; emergency
amendment at 24 Ill. Reg. 8625, effective June 15, 2000, for a maximum of 150 days; amended
at 24 Ill. Reg. 16635, effective November 1, 2000; amended at 26 Ill. Reg. 98, effective January
1, 2002; amended at 26 Ill. Reg. 14630, effective September 23, 2002; amended at 36 Ill. Reg.
13604, effective September 1, 2012; amended at 40 Ill. Reg. 2716, effective January 22, 2016.
Section 105.10 Swine Entering Illinois for Feeding Purposes Only
a)
Feeder swine, except feral swine, may enter Illinois provided they are identified
by an ear tag or site tattoo in the right ear showing state of origin and
accompanied by a permit from the Department and an official health certificate.
b)
The official health certificate shall:
1)
Be issued by an accredited veterinarian of the state of origin or a
veterinarian in the employ of the United States Department of Agriculture;
2)
Be approved by the Animal Health Official of state of origin;
3)
Show that the feeder swine are free from visible evidence of any
contagious, infectious, or communicable disease or exposure thereto;
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c)
4)
Show that the feeder swine are not from a quarantined herd and/or area;
5)
List number and description of the feeder swine, site tattoos, ear tag series
or location of ear tag records when pigs originate from cooperative feeder
pig sales; and
6)
Show that the swine originate from a herd in which a representative
sample of the herd has been tested and found negative for pseudorabies (8
Ill. Adm. Code 115.80), originate from a qualified pseudorabies negative
or pseudorabies negative gene-altered vaccinated herd that is conducting
monthly monitoring tests, or originate from a state that has been classified
as Stage IV or V under the Pseudorabies Eradication State-FederalIndustry Program Standards. If there are multiple pseudorabies
classifications within a state, the lowest classification shall be recognized
by the Department as the classification for that entire state.
Permits:
1)
2)
3)
Permits to import feeder swine shall only be issued to:
A)
An Illinois licensed feeder swine dealer; and
B)
A person importing pigs to feed on his or her own premises and
not for resale other than to slaughter.
Applicant for permit shall furnish the following information to the
Department:
A)
Name and complete mailing address of Illinois destination.
B)
Name and address of consignor.
C)
Number of swine in shipment.
D)
Pseudorabies vaccination status of swine.
Grounds for refusal to issue a permit are:
A)
Violation of the Act or this Part.
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B)
If a person should be licensed under the Illinois Feeder Swine
Dealer Licensing Act [225 ILCS 620] and his or her license is not
in good standing with the Department.
C)
Presence of a disease that might endanger the Illinois swine
industry.
d)
Imported isowean or feeder swine from Stage I or II states shall be quarantined to
the Illinois premises until a 95/10 random sample test has been performed on the
imported animals 21 to 60 days post-importation.
e)
Feeder swine entering Illinois in accordance with the provisions governing the
interstate movement of swine within a production system (9 CFR 71 and 9 CFR
85, (2015)2011) are exempt from the certificate of veterinary inspection,
individual identification and permit requirements.
(Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016)
Section 105.30 Swine Entering Illinois for Breeding Purposes
a)
Swine for breeding purposes, or of breeding age, returning to Illinois after
exhibition, except feral swine, may enter Illinois provided they are accompanied
by a permit from the Department and an official health certificate.
b)
Official health certificate shall:
1)
Be issued by an accredited veterinarian of the state of origin or by a
veterinarian in the employ of the United States Department of Agriculture;
2)
Be approved by the Animal Health Official of the state of origin;
3)
Identify each animal by registration number, approved ear tag, breed
registry tattoo, or ear notch approved by the respective breed registry;
4)
Show the swine are free from visible evidence of contagious, infectious, or
communicable diseases;
5)
Show that the swine are not from a quarantined herd and/or area;
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c)
6)
Show any swine more than 4 months of age to be negative to an official
test for brucellosis, conducted by an approved laboratory within 30 days
prior to entry, or that the swine originate from a validated brucellosis-free
herd, with validated herd number and validation date listed on the health
certificate, or that the swine originate from a validated brucellosis-free
state or area (Swine Brucellosis Eradication Uniform Methods and Rules);
and
7)
Show any swine to be negative to an official test for pseudorabies
conducted by an approved laboratory within 15 days prior to entry or that
the swine originated from a qualified pseudorabies negative herd where at
least half of the last monitoring test has been conducted within 15 days
(testing half of the required monthly number of swine every 15 days is
acceptable in– Stage I or II states only; monthly testing is acceptable in
Stage III states), with the qualified herd number and qualification date
listed on the health certificate, pseudorabies vaccination status of swine, or
that the swine originated from a country that meets the requirements for
Stage V or from a state that has been classified as Stage IV or Stage V
under the Pseudorabies Eradication State-Federal-Industry Program
Standards. If there are multiple pseudorabies classifications within a state,
the lowest classification shall be recognized by the Department as the
classification for that entire state if the state is split with a classification of
Stage III and below. Split state status will be recognized for split Stage
III/IV and above.
Permits:
1)
Permits to import breeding swine shall be issued by telephoning or writing
the Department.
2)
Applicant for permit shall furnish the following information to the
Department:
A)
Name and complete mailing address of Illinois destination;
B)
Name and address of consignor;
C)
Number of swine in shipment; and
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D)
3)
Pseudorabies vaccination status of swine.
Grounds for refusal to issue a permit are:
A)
Violation of the Act or this Part; and
B)
Presence of a disease that might endanger the Illinois swine
industry.
d)
Imported breeding animals or swine of breeding age returning to Illinois after
exhibition shall be kept quarantined and isolated until a percentage of the
imported breeding swine are retested and negative to an official test for
pseudorabies conducted not less than 21 days nor more than 60 days after entering
Illinois. If the number of imported breeding animals is 35 or less, all or at least 10
animals, whichever is less, are to be tested. If more than 36 imported breeding
animals are involved, a minimum of 30% percent or 30 animals, whichever is
less, is to be tested. Imported breeding swine originating from a country that
meets the requirements for Stage V or a state that has been classified as Stage IV
or Stage V under the Pseudorabies Eradication State-Federal-Industry Program
Standards are exempt from the isolation and retest provisions. If there are
multiple pseudorabies classifications within a state, the lowest classification shall
be recognized by the Department as the classification for that entire state if the
state is split with a classification of Stage III and below. Split state status will be
recognized for split Stage III/IV and above.
e)
Breeding swine entering Illinois in accordance with the provisions governing the
interstate movement of swine within a production system (9 CFR 71 and 9 CFR
85, (2015)2011) are exempt from the certificate of veterinary inspection,
individual identification and permit requirements.
(Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016)
Section 105.110 Swine Entering Illinois for Exhibition Purposes Other Than Through
Show/Pig Sales
Swine of any age entering Illinois for exhibition purposes other than through show/pig sales must
comply with the following:
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a)
Exhibition swine may enter Illinois provided they are identified withby an
approved official identifier (see 9 CFR 86.1 (2015))ear tag, tattoo or recognized
breed ear notch, and accompanied by a permit from the Department and an
official health certificate.
b)
Official health certificate shall:
c)
1)
Be issued by an accredited veterinarian of the state of origin or a
veterinarian in the employ of the United States Department of Agriculture;
2)
Be approved by the Animal Health Official of state of origin;
3)
Show that the exhibition swine are free from visible evidence of any
contagious, infectious or communicable disease or exposure to those
diseases;
4)
Show that the exhibition swine are not from a quarantined herd and/or
area;
5)
Show that the swine originated from a Stage IV or V state (no test is
required); or that the swine originated from a Stage III, IV or V state and
are negative to an official test for pseudorabies conducted within the 30
days prior to entry; or that the swine originated from a qualified
pseudorabies negative herd in a Stage III, IV or V state, and the qualified
pseudorabies negative herd number and date of last qualification test is
listed on the health certificate; or that the swine originated from a Stage I
or II state and are negative to an official test for pseudorabies conducted
within the 10 days prior to entry; and
6)
Show breeding swine, four months of age and over, to be negative to an
official test for brucellosis within 30 days prior to exhibition; or that the
swine originated from a validated brucellosis-free herd with the herd
number and date of last validation test listed on the health certification; or
the swine originated from a validated brucellosis-free state or area.
Permits:
1)
Applicant for permit shall furnish the following information to the
Department:
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2)
d)
A)
Name and complete mailing address of Illinois destination;
B)
Name and address of consignor;
C)
Number of swine in shipment; and
D)
Pseudorabies vaccination status of swine.
Grounds for refusal to issue a permit are:
A)
Violation of the Act or this Part; and
B)
Presence of a disease that might endanger the Illinois swine
industry.
Swine consigned to terminal market classes must meet the same test requirements
as exhibition swine if these classes are held with "exhibits not intended for
slaughter". When terminal classes are held on a day when no other livestock are
present, these animals are exempt from all test requirements and do not need a
health certificate and permit, unless the animals are originating from Stage I or
Stage II states, when the health certificate and permit is still required. All swine
in terminal classes must be identified by a site tattoo. Swine from pseudorabies
quarantined herds are not allowed to exhibit regardless of whether the show is
terminal or non-terminal.
(Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016)
Section 105.120 Illinois Exhibition Swine
Illinois exhibition swine of any age must meet the following requirements:
a)
Be accompanied by a health certificate issued within 90 days prior to exhibition
and individually identified withby an approved official identifier (see 9 CFR
86.1(2015))ear tag, tattoo or recognized ear notch. Ear notch identification is
acceptable for barrows, crossbred gilts and breeding swine.
b)
The official health certificate shall:
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1)
Be issued by an accredited veterinarian of the state of origin or a
veterinarian in the employ of the United States Department of Agriculture;
2)
Show that the exhibition swine are free from visible evidence of any
contagious, infectious or communicable disease or exposure to those
diseases;
3)
Show that the exhibition swine are not from a quarantined herd and/or
area; and
4)
Show that Illinois is a Stage IV or V state (no test is required); or the
swine are negative to an official test for pseudorabies conducted within the
90 days prior to exhibition; or that the swine originated from a qualified
pseudorabies negative herd and the qualified pseudorabies negative herd
number and date of last qualification test is listed on the health certificate.
c)
Illinois swine exhibited in Stage I or Stage II states or out-of-state shows allowing
Stage I or II state pigs to exhibit returning to Illinois must be isolated and retested
negative to an official test for pseudorabies 21-60 days after returning to Illinois
before being able to be exhibited in Illinois or return to the herd of origin.
d)
Swine consigned to terminal market classes must meet the same test requirements
as exhibition swine if these classes are held with "exhibits not intended for
slaughter". When terminal classes are held on a day when no other livestock are
present, these animals are exempt from all test requirements and do not need a
health certificate. All swine in terminal classes must be identified by a site tattoo.
Swine from pseudorabies quarantined herds are not allowed to exhibit regardless
of whether the show is terminal or non-terminal.
(Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016)
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1)
Heading of Part: Animal Disease Laboratories Act
2)
Code Citation: 8 Ill. Adm. Code 110
3)
Section Numbers:
110.30
110.50
110.60
110.70
110.90
110.105
110.120
4)
Statutory Authority: Animal Disease Laboratories Act [510 ILCS 10]
5)
Effective Date of Rules: January 22, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rules, including any material incorporated by reference, is on file
in the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 14089; October 30,
2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposed and Final Version: None
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? None were made.
13)
Will this rulemaking replace an emergency rule currently in effect? No
14)
Are there any rulemakings pending on this Part? No
Adopted Actions:
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
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15)
Summary and Purpose of Rulemaking: Lab tests and associated fee schedule for the
Animal Disease Laboratory have been updated.
16)
Information and questions regarding these adopted rules shall be directed to:
Susan Baatz
Illinois Department of Agriculture
P. O. Box 19281, State Fairgrounds
Springfield IL 62794-9281
217/524-6905
fax: 217/785-4505
The full text of Adopted Amendments begins on the next page:
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TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS
(EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 110
ANIMAL DISEASE LABORATORIES ACT
Section
110.10
110.20
110.30
110.40
110.50
110.60
110.70
110.80
110.90
110.100
110.105
110.110
110.120
110.130
110.140
Definitions
Submitting Specimens
Payment For Laboratory Services
Tests Not Covered By Fee Schedule (Repealed)
Minimum Fees
Euthanasia Fees
Clinical Pathology/Parasitology Fees
Histopathology Fees
Microbiology Fees
Parasitology Fees (Repealed)
Serology Fees
Toxicology Fees (Repealed)
Miscellaneous Fees
Meats Chemistry Fees (Repealed)
Liquor Control Commission Fees (Repealed)
AUTHORITY: Implementing and authorized by the Animal Disease Laboratories Act [510
ILCS 10].
SOURCE: Adopted and codified at 8 Ill. Reg. 9047, effective July 1, 1984; amended at 9 Ill.
Reg. 4471, effective March 22, 1985; amended at 9 Ill. Reg. 19638, effective January 1, 1986;
amended at 10 Ill. Reg. 9733, effective May 21, 1986; amended at 11 Ill. Reg. 10163, effective
May 15, 1987; amended at 12 Ill. Reg. 3379, effective January 25, 1988; amended at 13 Ill. Reg.
3617, effective April 15, 1989; amended at 14 Ill. Reg. 1907, effective January 19, 1990;
amended at 14 Ill. Reg. 3416, effective March 1, 1990; amended at 14 Ill. Reg. 15304, effective
September 10, 1990; amended at 16 Ill. Reg. 11416, effective July 1, 1992; amended at 18 Ill.
Reg. 1825, effective February 1, 1994; amended at 18 Ill. Reg. 17433, effective December 1,
1994; amended at 20 Ill. Reg. 255, effective January 1, 1996; amended at 20 Ill. Reg. 16176,
effective January 1, 1997; amended at 21 Ill. Reg. 17034, effective January 1, 1998; amended at
23 Ill. Reg. 386, effective January 1, 1999; amended at 23 Ill. Reg. 9754, effective August 9,
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1999; amended at 24 Ill. Reg. 990, effective January 10, 2000; amended at 24 Ill. Reg. 16606,
effective November 1, 2000; amended at 26 Ill. Reg. 105, effective January 1, 2002; amended at
28 Ill. Reg. 2104, effective February 1, 2004; amended at 30 Ill. Reg. 10080, effective May 22,
2006; amended at 34 Ill. Reg. 19439, effective January 1, 2011; amended at 35 Ill. Reg. 19768,
effective January 1, 2012; amended at 36 Ill. Reg. 13621, effective September 1, 2012; amended
at 38 Ill. Reg. 20672, effective October 16, 2014; amended at 40 Ill. Reg. 2727, effective January
22, 2016.
Section 110.30 Payment For Laboratory Services
The person requesting the services shall be responsible for payment of fees for laboratory
services performed by the Illinois Department of Agriculture Animal Disease Laboratory.
Laboratory charges are due and payable when billed each month. Reports of laboratory findings
will be withheld for any case submitted by an entity whose account is over 60 days past due.
(Source: Amended at 40 Ill. Reg. 2727, effective January 22, 2016)
Section 110.50 Minimum Fees
a)
A submission fee of $52 per accession shall be charged on all accessions except
EIA serology.
b)
Fee schedules are available at the laboratories or the Department's website:
www.agr.state.il.us/laboratory-services/. A fee cap of $150 will apply to
livestock diagnostic cases with necropsies when multiple tests are required to
complete a diagnosis. Mailed-in livestock cases with multiple tests in which the
practitioner has necropsied the animals will be subject to the same $150 fee cap.
Companion animals (dogs, cats, equids, camelids, etc.) are not subject to the fee
cap. Disposal charges for carcasses, spinal cord removal charges, euthanasia and
charges for additional animals are not included in the cap and will be billed
according to the fee schedule. Likewise, outside laboratory testing is not covered
under the fee cap and will be charged according to referral laboratory costs. Upon
submission, all carcasses and materials derived from them become the property of
the State of Illinois, to be used or disposed of in any manner consistent with
Illinois law. No portion of the carcass, except the ashes resulting from cremation
of the carcass, will be returned to the previous owner.
c)
Necropsy fees will be as listed in this subsection. The necropsy fee is dependent
on animal size. "Weight" means the weight of each animal included in an
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accession. "Number" means the maximum number of animals that can be
included in a single accession for the designated necropsy fee. "Additional
Animal Fee" is the extra charge for each animal added to an accession beyond the
maximum specified in the second column. For example, if 4 pigs, each weighing
20 pounds, are submitted, the fee will be $65 ($45 for the first 3 animals plus $20
for the additional animal).
d)
e)
Weight (lbs.)
Number
Necropsy Fee
Additional Animal Fee
0-34
35-149
150-499
500 or more
3
2
1
1
$45
$45
$45
$60
$20
$25
$30
$35
Spinal cord removal fees (per animal, not subject to fee cap):
1)
1-499 pounds……………………………………………...$ 45
2)
500 or more pounds……………………………………….$ 60
Accessions submitted as rush priority will be charged at least twice the normal
rate. If the cost of complying with the rush exceeds twice the normal charges,
additional charges will be applied to cover commodity costs. This charge will
apply to the submissions of any individual requesting results faster than the
normal laboratory turnaround, including, but not limited to, samples placed ahead
of already pending samples, samples run outside of normal schedules, and testing
requested on weekends, holidays or after normal laboratory working hours.
(Source: Amended at 40 Ill. Reg. 2727, effective January 22, 2016)
Section 110.60 Euthanasia Fees
a)
Companion animals (pets, equids, camelids) and feral animals will not be
accepted alive at the laboratory. These animals must be euthanized prior to
submission. Livestock (cattle, swine, sheep, goats and poultry) can be accepted
alive and will be euthanized following euthanasia guidelines published by the
American Veterinary Medical Association.
b)
If chemical euthanasia is required, a minimum charge of $10.00 will apply.
Aggregate weights will apply when a submission includes multiple animals.
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c)
The following fees apply to livestock accepted at a Department laboratory for
euthanasia based on the total weight of the livestock:
Weight (in pounds)
With Sedation
0-100
101-200
201-300
301-400
401-500
501-600
601-700
701-800
801-900
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
Each additional
Increment of 100
10.00
(Source: Amended at 40 Ill. Reg. 2727, effective January 22, 2016)
Section 110.70 Clinical Pathology/Parasitology Fees
The following fees apply to those specimens submitted where a necropsy is not involved, with a
minimum total fee of $7.50:
a)
b)
Hematology
1)
Hematocrit ..................................................................... $ 6.00
2)
Erythrocyte Parasites .....................................................
Chemistry
Total Protein (refractometric) ......................................................
c)
10.00
7.50
Other Tests
1)
Cytology .........................................................................
20.00
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2)
Cytology, multiple sites ..................................................
30.00
3)
Morphologic examination – ecto and endoparasites ......
10.00
4)
Fecal Flotation ................................................................
12.00
5)
Trichomonas foetus (Venereal trichomoniasis) .............
10.00
6)
Giardia/Cryptosporidia ELISA (feces) ...........................
20.00
(Source: Amended at 40 Ill. Reg. 2727, effective January 22, 2016)
Section 110.90 Microbiology Fees
The following are the fees for microbiology (per sample or pool unless otherwise specified):
a)
Bacteriology, Mycoplasma and Fungi
1)
Aerobic or anaerobic culture without sensitivity testing ......
$ 15.00
2)
Antibiotic sensitivity (per isolate). .......................................
15.0010.00
3)
Milk for mastitis culture .......................................................
15.004.00
4)
Leptospirosis culture per specimen ......................................
20.00
45)
Fluorescent Antibody Test (FA), per antigen .......................
15.00
56)
Campylobacter (culture) .......................................................
25.0015.00
67)
Salmonella (enrichment media, per site or pool) ..................
15.00
78)
S enteritidis, poultry-house drag swabs, culture ...................
25.00
89)
S enteritidis, poultry-house drag swabs immunoassay .........
20.00
910)
S enteritidis, poultry-house drag swabs, PCR ......................
1011)
Listeria (cold enrichment).....................................................
15.00
12)
Brachyspira (swine dysentery) .............................................
12.50
1113)
Johne's bacillus (Mycobact avium paratuberculosis) ...........
20.0015.00
35.00
ILLINOIS REGISTER
2734
16
DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
b)
c)
1214)
Preparation ofReturn culture for bacterin production per
organism (plus shipping) ......................................................
20.004.00
1315)
Fungal culture .......................................................................
15.00
1416)
Microscopic examination (brightfield, darkfield, outside
normal procedures) ...............................................................
6.00
1517)
Mycoplasma culture
12.00
1618)
Trichomonas transport media ...............................................
actual cost
plus
shipping
1719)
PCR testing ...........................................................................
35.00
20)
Clostridium difficile toxin ELISA (per sample or pool) ......
20.00
Food safety microbiology
1)
Food: Confirmation panel, E coli O157:H7 ........................
$ 75.00
2)
Food: Confirmation panel, E coli, non-O157-STEC ...........
75.00
3)
Food: Confirmation panel, Listeria monocytogenes ...........
75.00
4)
Food: Confirmation panel, Listeria sp .................................
75.00
5)
Food: Confirmation panel, Salmonella sp ...........................
75.00
6)
Food: Culture, bacterial, E coli plate colony count .............
35.00
7)
Food: KIS test, antimicrobial drug testing ..........................
17.00
8)
Food: RT-PCR test, E coli O157:H7 screen ........................
100.00
9)
100.00
10)
Food: RT-PCR test, E coli non-O157
STEC
Food: RT-PCR test, Listeria monocytogenes ......................
11)
Food: RT-PCR test, Listeria sp ...........................................
100.00
12)
Food: RT-PCR test, Salmonella sp .....................................
100.00
Virology
100.00
ILLINOIS REGISTER
2735
16
DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
1)
Fluorescent Antibody Test (per antigen) .............................
$ 15.00
2)
Rabies (FA test) ...................................................................
25.00
3)
Virus Isolation (per virus) ...................................................
25.00
4)
PCR Testing .........................................................................
35.00
(Source: Amended at 40 Ill. Reg. 2727, effective January 22, 2016)
Section 110.105 Serology Fees
The following are the fees for serology:
a)
Anaplasmosis (ELISA) ................................................................................ $ 7.00
b)
Avian influenza (AGID) .............................................................................
5.00
cb)
Bluetongue (AGID) .....................................................................................
3.50
dc)
Bluetongue (ELISA) ...................................................................................
3.50
ed)
Bovine leukemia virus (AGID) ..................................................................
5.00
fe)
Bovine leukemia virus (ELISA) .................................................................
5.00
gf)
Brucella abortus (BAPA, card, std plate, std tube) .....................................
2.50
hg)
Brucella abortus (species other than bovine, porcine, and canine) .............
2.50
h)
Brucella abortus (std tube) ...........................................................................
2.50
i)
Brucella abortus RAP .................................................................................
2.50
j)
Brucella abortus rivanol...............................................................................
10.00
k)
EIA-AGID ..................................................................................................
8.00
l)
EIA-ELISA .................................................................................................
8.00
m)
Johne's ELISA ............................................................................................
5.00
n)
Johne's ELISA, goats ...................................................................................
6.00
ILLINOIS REGISTER
2736
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
o)
Leptospirosis (microtiter agglutination, 6 serotypes, per sample)
companion animals .....................................................................................
24.00
p)
Leptospirosis (microtiter agglutination, 6 serotypes, per sample)
livestock (ruminants, swine) ........................................................................
12.00
nq)
Mycoplasma hypopneumoniae (ELISA) .....................................................
4.00
or)
Mycoplasma synoviae, M gallisepticum, M meleagridis (PA test) each ....
2.00
ps)
PRRS ELISA ..............................................................................................
6.00
qt)
PRRS IFA, US strain ...................................................................................
8.00
ru)
PRRS IFA Lelystad strain ...........................................................................
8.00
sv)
Pseudorabies (AutoLex or ELISA)..............................................................
1.00
tw)
Salmonella pullorum/typhimurium (MPA) .................................................
1.00
x)
Salmonella typhimurium (MPA) ................................................................
1.00
uy)
Serology spin charge (per specimen) ..........................................................
1.00
vz)
Swine influenza, ELISA (per serotype) .......................................................
8.00
aa)
TGE ELISA .................................................................................................
6.00
bb)
PRCV ELISA ..............................................................................................
6.00
wcc)
Unlisted Serology (each disease) per sample ..............................................
5.00
(Source: Amended at 40 Ill. Reg. 2727, effective January 22, 2016)
Section 110.120 Miscellaneous Fees
a)
Return of shipping container ......................................................
b)
Cremation (200 pound limit)
1)
Upup to 7675 pounds ..................................................
2)
Each76 pounds and above, each additional pound
actual
shipping cost
$ 75.00
1.00
ILLINOIS REGISTER
2737
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
between 76 and 200 pounds ........................................
c)
Handling fee for sending specimens to out-of-state laboratories
1)
Non-refrigerated ........... ...... actual shipping cost plus
2.50
2)
Refrigerated ............... ......... actual shipping cost plus
2.50
3)
Dry ice .............................. .. actual shipping cost plus
10.00
4)
Dangerous goods.............. .. actual shipping cost plus
12.00
d)
Disposal fee for animals that cannot be rendered.......................
0.50
per pound,
minimum
15.00
e)
Disposal fee for horse carcasses .................................................
Horses − carcass disposal fee
actual cost
f)
Disposal fee for headless cattle ..................................................
actual cost
gf)
Chronic Wasting DiseaseChronic wasting disease
hg)
1)
(CWD) killed by hunter in State ................................
45.00
2)
CWD killed by hunter out of state .............................
50.00
3)
CWD captive surveillance..........................................
45.00
Laboratory supplies, forms or materials .....................................
ih)
Emergency fee/rush fee (outside working hours).......................
actual cost plus
shipping
50.00
per
accession
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
ji)
CWD sample collection and head disposal fee (out-of-state
animals) ......................................................................................
(Source: Amended at 40 Ill. Reg. 2727, effective January 22, 2016)
5.00
ILLINOIS REGISTER
2739
16
DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
1)
Heading of Part: Meat and Poultry Inspection Act
2)
Code Citation: 8 Ill. Adm. Code 125
3)
Section Numbers:
125.145
125.260
125.380
4)
Statutory Authority: Meat and Poultry Inspection Act [225 ILCS 650]
5)
Effective Date of Rules: January 22, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? Yes
8)
A copy of the adopted rules, including any material incorporated by reference, is on file
in the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 14101; October 30,
2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposed and Final Version: None
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? None were made.
13)
Will this rulemaking replace an emergency rule currently in effect? No
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: In order to maintain an “equal to” status with the
federal meat and poultry products inspection program as required by the Federal Meat
Inspection Act and the Federal Poultry Products Inspection Act and as required by Section
16 of the Meat and Poultry Inspection Act (225 ILCS 650/16), the Department is adopting
amendments to the federal meat and poultry products in Section rules:
Adopted Actions:
Amendment
Amendment
Amendment
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
FSIS is requiring the use of a descriptive designation as part of the product name
on the labels of raw meat and poultry products that contain added solutions and that
do not meet a standard of identity.
Federal meat inspection regulations are going to require the use of the descriptive
designation "mechanically tenderized," "blade tenderized," or "needle tenderized"
on the labels of raw or partially cooked needle- or blade-tenderized beef products,
including beef products injected with a marinade or solution, unless the products
are to be fully cooked or to receive another full lethality treatment at an official
establishment.
In addition, FSIS rule changes will impact 8 IL Admin Code 125.145 - Control of
Listeria Monocytogenes in Ready-to-Eat Meat and Poultry Products, which
incorporates 9 CFR 430.
16)
Information and questions regarding these adopted rules shall be directed to:
Susan Baatz
Illinois Department of Agriculture
P. O. Box 19281, State Fairgrounds
Springfield IL 62794-9281
217/524-6905
fax: 217/785-4505
The full text of Adopted Amendments begins on the next page:
ILLINOIS REGISTER
2741
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER c: MEAT AND POULTRY INSPECTION ACT
PART 125
MEAT AND POULTRY INSPECTION ACT
SUBPART A: GENERAL PROVISIONS FOR BOTH
MEAT AND/OR POULTRY INSPECTION
Section
125.10
125.20
125.30
125.40
125.50
125.60
125.70
125.80
125.90
125.100
125.110
125.120
125.130
125.140
125.141
125.142
125.143
125.144
125.145
125.146
125.147
125.148
125.149
Definitions
Incorporation by Reference of Federal Rules
Application for License; Approval
Official Number
Inspections; Suspension or Revocation of License
Administrative Hearings; Appeals (Repealed)
Assignment and Authority of Program Employees
Schedule of Operations; Overtime
Official Marks of Inspection, Devices and Certificates
Records and Reports
Exemptions
Disposal of Dead Animals and Poultry
Reportable Animal and Poultry Diseases
Detention; Seizure; Condemnation
Sanitation Standard Operating Procedures (SOP's)
Hazard Analysis and Critical Control Point (HACCP) Systems
Imported Products
Preparation and Processing Operations
Control of Listeria Monocytogenes in Ready-to-Eat Meat and Poultry Products
Consumer Protection Standards: Raw Products
Rules of Practice
Quantity of Contents Labeling and Procedures and Requirements for Accurate
Weights
Label Approval
SUBPART B: MEAT INSPECTION
Section
ILLINOIS REGISTER
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
125.150
125.160
125.170
125.180
125.190
125.200
125.210
125.220
125.230
125.240
125.250
125.260
125.270
125.280
125.290
125.295
125.300
125.305
Livestock and Meat Products Entering Official Establishments
Equine and Equine Products
Facilities for Inspection
Sanitation (Repealed)
Ante-Mortem Inspection
Post-Mortem Inspection
Disposal of Diseased or Otherwise Adulterated Carcasses and Parts
Humane Slaughter of Animals
Handling and Disposal of Condemned or Other Inedible Products at Official
Establishment
Rendering or Other Disposal of Carcasses and Parts Passed for Cooking
Marking Products and Their Containers
Labeling, Marking and Containers
Entry into Official Establishment; Reinspection and Preparation of Product
Meat Definitions and Standards of Identity or Composition
Transportation
Imported Products (Repealed)
Special Services Relating to Meat and Other Products
Exotic Animal Inspection
SUBPART C: POULTRY INSPECTION
Section
125.310
125.320
125.330
125.340
125.350
125.360
125.370
125.380
125.390
125.400
125.410
Application of Inspection
Facilities for Inspection
Sanitation
Operating Procedures
Ante-Mortem Inspection
Post-Mortem Inspection; Disposition of Carcasses and Parts
Handling and Disposal of Condemned or Inedible Products at Official
Establishments
Labeling and Containers
Entry of Articles Into Official Establishments; Processing Inspection and Other
Reinspections; Processing Requirements
Definitions and Standards of Identity or Composition
Transportation; Sale of Poultry or Poultry Products
AUTHORITY: Implementing and authorized by the Meat and Poultry Inspection Act [225 ILCS
650] and Section 5-625 of the Civil Administrative Code of Illinois [20 ILCS 5/5-625].
ILLINOIS REGISTER
2743
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DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
SOURCE: Adopted at 9 Ill. Reg. 1782, effective January 24, 1985; peremptory amendment at 9
Ill. Reg. 2337, effective January 28, 1985; peremptory amendment at 9 Ill. Reg. 2980, effective
February 20, 1985; peremptory amendment at 9 Ill. Reg. 4856, effective April 1, 1985;
peremptory amendment at 9 Ill. Reg. 9240, effective June 5, 1985; peremptory amendment at 9
Ill. Reg. 10102, effective June 13, 1985; peremptory amendment at 9 Ill. Reg. 11673, effective
July 17, 1985; peremptory amendment at 9 Ill. Reg. 13748, effective August 23, 1985;
peremptory amendment at 9 Ill. Reg. 15575, effective October 2, 1985; peremptory amendment
at 9 Ill. Reg. 19759, effective December 5, 1985; peremptory amendment at 10 Ill. Reg. 447,
effective December 23, 1985; peremptory amendment at 10 Ill. Reg. 1307, effective January 7,
1986; peremptory amendment at 10 Ill. Reg. 3318, effective January 24, 1986; peremptory
amendment at 10 Ill. Reg. 3880, effective February 7, 1986; peremptory amendment at 10 Ill.
Reg. 11478, effective June 25, 1986; peremptory amendment at 10 Ill. Reg. 14858, effective
August 22, 1986; peremptory amendment at 10 Ill. Reg. 15305, effective September 10, 1986;
peremptory amendment at 10 Ill. Reg. 16743, effective September 19, 1986; peremptory
amendment at 10 Ill. Reg. 18203, effective October 15, 1986; peremptory amendment at 10 Ill.
Reg. 19818, effective November 12, 1986; peremptory amendment at 11 Ill. Reg. 1696, effective
January 5, 1987; peremptory amendment at 11 Ill. Reg. 2930, effective January 23, 1987;
peremptory amendment at 11 Ill. Reg. 9645, effective April 29, 1987; peremptory amendment at
11 Ill. Reg. 10321, effective May 15, 1987; peremptory amendment at 11 Ill. Reg. 11184,
effective June 5, 1987; peremptory amendment at 11 Ill. Reg. 14830, effective August 25, 1987;
peremptory amendment at 11 Ill. Reg. 18799, effective November 3, 1987; peremptory
amendment at 11 Ill. Reg. 19805, effective November 19, 1987; peremptory amendment at 12
Ill. Reg. 2154, effective January 6, 1988; amended at 12 Ill. Reg. 3417, effective January 22,
1988; peremptory amendment at 12 Ill. Reg. 4879, effective February 25, 1988; peremptory
amendment at 12 Ill. Reg. 6313, effective March 21, 1988; peremptory amendment at 12 Ill.
Reg. 6819, effective March 29, 1988; peremptory amendment at 12 Ill. Reg. 13621, effective
August 8, 1988; peremptory amendment at 12 Ill. Reg. 19116, effective November 1, 1988;
peremptory amendment at 12 Ill. Reg. 20894, effective December 21, 1988; peremptory
amendment at 13 Ill. Reg. 228, effective January 11, 1989; peremptory amendment at 13 Ill.
Reg. 2160, effective February 13, 1989; amended at 13 Ill. Reg. 3696, effective March 13, 1989;
peremptory amendment at 13 Ill. Reg. 15853, effective October 5, 1989; peremptory amendment
at 13 Ill. Reg. 16838, effective October 11, 1989; peremptory amendment at 13 Ill. Reg. 17495,
effective January 18, 1990; amended at 14 Ill. Reg. 3424, effective February 26, 1990;
peremptory amendment at 14 Ill. Reg. 4953, effective March 23, 1990; peremptory amendment
at 14 Ill. Reg. 11401, effective July 6, 1990; peremptory amendment at 14 Ill. Reg. 13355,
effective August 20, 1990; peremptory amendment at 14 Ill. Reg. 16064, effective September 24,
1990; peremptory amendment at 14 Ill. Reg. 21060, effective May 29, 1991; peremptory
amendment at 15 Ill. Reg. 620, effective January 2, 1991; peremptory amendment withdrawn at
ILLINOIS REGISTER
2744
16
DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
15 Ill. Reg. 1574, effective January 2, 1991; peremptory amendment at 15 Ill. Reg. 3117,
effective September 3, 1991; peremptory amendment at 15 Ill. Reg. 8714, effective May 29,
1991; amended at 15 Ill. Reg. 8801, effective June 7, 1991; peremptory amendment at 15 Ill.
Reg. 13976, effective September 20, 1991; peremptory amendment at 16 Ill. Reg. 1899, effective
March 2, 1992; amended at 16 Ill. Reg. 8349, effective May 26, 1992; peremptory amendment at
16 Ill. Reg. 11687, effective July 10, 1992; peremptory amendment at 16 Ill. Reg. 11963,
effective July 22, 1992; peremptory amendment at 16 Ill. Reg. 12234, effective July 24, 1992;
peremptory amendment at 16 Ill. Reg. 16337, effective October 19, 1992; peremptory
amendment at 16 Ill. Reg. 17165, effective October 21, 1992; peremptory amendment at 17 Ill.
Reg. 2063, effective February 12, 1993; peremptory amendment at 17 Ill. Reg. 15725, effective
September 7, 1993; peremptory amendment at 17 Ill. Reg. 16238, effective September 8, 1993;
peremptory amendment at 17 Ill. Reg. 18215, effective October 5, 1993; peremptory amendment
at 18 Ill. Reg. 304, effective December 23, 1993; peremptory amendment at 18 Ill. Reg. 2164,
effective January 24, 1994; amended at 18 Ill. Reg. 4622, effective March 14, 1994; peremptory
amendment at 18 Ill. Reg. 6442, effective April 18, 1994; peremptory amendment at 18 Ill. Reg.
8493, effective May 27, 1994; amended at 18 Ill. Reg. 11489, effective July 7, 1994; peremptory
amendment at 18 Ill. Reg. 12546, effective July 29, 1994; peremptory amendment at 18 Ill. Reg.
14475, effective September 7, 1994; amended at 18 Ill. Reg. 14924, effective September 26,
1994; peremptory amendment at 18 Ill. Reg. 15452, effective September 27, 1994; peremptory
amendment at 19 Ill. Reg. 1342, effective January 27, 1995; peremptory amendment at 19 Ill.
Reg. 4765, effective March 13, 1995; peremptory amendment at 19 Ill. Reg. 7067, effective May
8, 1995; peremptory amendment at 19 Ill. Reg. 14896, effective October 6, 1995; peremptory
amendment at 19 Ill. Reg. 15766, effective November 10, 1995; peremptory amendment at 19
Ill. Reg. 16866, effective December 22, 1995; peremptory amendment at 20 Ill. Reg. 5091,
effective March 19, 1996; peremptory amendment at 20 Ill. Reg. 10403, effective July 17, 1996;
amended at 20 Ill. Reg. 11928, effective September 1, 1996; peremptory amendment at 20 Ill.
Reg. 12634, effective September 5, 1996; peremptory amendment at 20 Ill. Reg. 15371, effective
November 13, 1996; peremptory amendment at 21 Ill. Reg. 1221, effective January 14, 1997;
peremptory amendment at 21 Ill. Reg. 1719, effective January 28, 1997; peremptory amendment
at 21 Ill. Reg. 6609, effective May 20, 1997; amended at 21 Ill. Reg. 11494, effective August 1,
1997; peremptory amendment at 21 Ill. Reg. 11788, effective August 8, 1997; peremptory
amendment at 21 Ill. Reg. 12686, effective August 28, 1997; peremptory amendment at 21 Ill.
Reg. 14575, effective October 22, 1997; peremptory amendment at 22 Ill. Reg. 3602, effective
February 2, 1998; peremptory amendment at 22 Ill. Reg. 5740, effective March 5, 1998;
peremptory amendment at 22 Ill. Reg. 9384, effective May 15, 1998; peremptory amendment at
22 Ill. Reg. 20645, effective November 16, 1998; amended at 23 Ill. Reg. 450, effective January
1, 1999; peremptory amendment at 23 Ill. Reg. 3851, effective March 11, 1999; peremptory
amendment at 23 Ill. Reg. 10880, effective August 19, 1999; peremptory amendment at 24 Ill.
Reg. 3933, effective February 22, 2000; peremptory amendment at 24 Ill. Reg. 5699, effective
ILLINOIS REGISTER
2745
16
DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
March 14, 2000; peremptory amendment at 24 Ill. Reg. 6734, effective April 14, 2000; amended
at 24 Ill. Reg. 7197, effective April 27, 2000; peremptory amendment at 24 Ill. Reg. 14074,
effective August 30, 2000; peremptory amendment at 24 Ill. Reg. 14451, effective September 15,
2000; peremptory amendment at 25 Ill. Reg. 7341, effective April 26, 2001; peremptory
amendment at 25 Ill. Reg. 12434, effective September 13, 2001; peremptory amendment at 25
Ill. Reg. 15444, effective November 19, 2001; peremptory amendment at 26 Ill. Reg. 980,
effective January 11, 2002; peremptory amendment at 26 Ill. Reg. 7750, effective May 10, 2002;
amended at 27 Ill. Reg. 10205, effective July 1, 2003; peremptory amendment at 27 Ill. Reg.
13634, effective July 28, 2003; emergency amendment at 27 Ill. Reg. 14197, effective August
15, 2003, for a maximum of 150 days; emergency expired January 11, 2004; peremptory
amendment at 27 Ill. Reg. 15172, effective September 15, 2003; peremptory amendment at 27
Ill. Reg. 17281, effective November 1, 2003; peremptory amendment at 27 Ill. Reg. 18270,
effective November 14, 2003; amended at 28 Ill. Reg. 2131, effective February 1, 2004;
peremptory amendment at 28 Ill. Reg. 3513, effective February 6, 2004; peremptory amendment
at 28 Ill. Reg. 11934, effective August 5, 2004; peremptory amendment at 28 Ill. Reg. 15694,
effective November 30, 2004; peremptory amendment at 28 Ill. Reg. 16368, effective December
6, 2004; peremptory amendment at 29 Ill. Reg. 2479, effective February 1, 2005; amended at 29
Ill. Reg. 5661, effective April 13, 2005; peremptory amendment at 29 Ill. Reg. 15645, effective
October 7, 2005; amended at 29 Ill. Reg. 18432, effective October 28, 2005; peremptory
amendment at 29 Ill. Reg. 20580, effective November 29, 2005; peremptory amendment at 29
Ill. Reg. 21058, effective December 21, 2005; peremptory amendment at 30 Ill. Reg. 2400,
effective February 6, 2006; peremptory amendment at 30 Ill. Reg. 16081, effective September
25, 2006; peremptory amendment at 31 Ill. Reg. 5149, effective March 16, 2007; peremptory
amendment at 31 Ill. Reg. 12624, effective August 20, 2007; peremptory amendment at 31 Ill.
Reg. 16763, effective December 10, 2007; peremptory amendment at 32 Ill. Reg. 590, effective
January 1, 2008; peremptory amendment at 32 Ill. Reg. 17831, effective October 30, 2008;
peremptory amendment at 33 Ill. Reg. 1230, effective January 5, 2009; peremptory amendment
at 33 Ill. Reg. 6338, effective April 17, 2009; peremptory amendment at 33 Ill. Reg. 12040,
effective August 5, 2009; peremptory amendment at 35 Ill. Reg. 571, effective December 22,
2010; peremptory amendment at 35 Ill. Reg. 1802, effective January 14, 2011; peremptory
amendment at 35 Ill. Reg. 19553, effective January 1, 2012; peremptory amendment at 36 Ill.
Reg. 9264, effective June 6, 2012; amended at 36 Ill. Reg. 14664, effective October 1, 2012;
peremptory amendment at 36 Ill. Reg. 17930, effective December 21, 2012; peremptory
amendment at 37 Ill. Reg. 875, effective January 28, 2013; peremptory amendment at 37 Ill.
Reg. 6870, effective May 6, 2013; peremptory amendment at 38 Ill. Reg. 4176, effective
February 1, 2014; peremptory amendment at 38 Ill. Reg. 20825, effective October 20, 2014;
peremptory amendment at 39 Ill. Reg. 502, effective December 22, 2014; amended at 40 Ill. Reg.
2739, effective January 22, 2016.
ILLINOIS REGISTER
2746
16
DEPARTMENT OF AGRICULTURE
NOTICE OF ADOPTED AMENDMENTS
SUBPART A: GENERAL PROVISIONS FOR BOTH
MEAT AND/OR POULTRY INSPECTION
Section 125.145 Control of Listeria Monocytogenes in Ready-to-Eat Meat and Poultry
Products
The Department incorporates by reference 9 CFR 430 (2004); 80 FR 35178, effective September
17, 2015).
(Source: Amended at 40 Ill. Reg. 2739, effective January 22, 2016)
SUBPART B: MEAT INSPECTION
Section 125.260 Labeling, Marking and Containers
a)
The Department incorporates by reference 9 CFR 317.1 through 317.2(j)(10),
317.2(j)(12) through 317.4(f)(2), 317.5, 317.6, 317.8, 317.10 through 317.13,
317.17 through 317.24, 317.300, 317.302, 317.308, 317.309, 317.312, 317.313,
317.343, 317.344, 317.345, 317.354, 317.356, 317.360, 317.361, 317.362,
317.363, 317.369, 317.380, 317.400 (2010; 75 FR 82148, effective January 1,
2012; 77 FR 76824, effective December 31, 2012; 78 FR 66826, effective January
6, 2014; 79 FR 71007, effective December 1, 2014; 79 FR 79044, effective
January 1, 2016; 80 FR 28153, effective May 17, 2016).
b)
The Department shall approve only those abbreviations for marks of inspection as
specifically stated in Section 2.26(j)(3) and (k)(3), (4), (5) and (9) of the Act.
c)
Labeling and sketch labeling shall be approved by the Department if the label is in
compliance with the provisions of this Section and the label is not misbranded in
accordance with Section 2.20 of the Act. All labels and sketch labels shall be
submitted to the Springfield office of the Department for approval.
d)
The Department shall approve temporary labeling as stated in 9 CFR 317.4(f).
Labeling thatwhich has received temporary approval shall not be used beyond the
temporary approval period unless the printer or manufacturer of the label is
unable to provide the official establishment with the labels before the expiration
of the temporary approval.
e)
The quantity of contents as shown on the label shall be in compliance with the
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Weights and Measures Act [225 ILCS 470] and the rules adopted thereto (8 Ill.
Adm. Code 600).
f)
Any Type I establishment is authorized to use generically approved labeling for
meat and poultry products as defined in subsection (h) of this Section without the
labeling being submitted for approval to the Department, provided the labeling is
in accordance with this Section and shows all mandatory features in a prominent
manner as required in 9 CFR 317.2 and 381 and is not otherwise false or
misleading.
g)
The Department shall select samples of generically approved labeling from the
records maintained by official establishments to determine compliance with
labeling requirements. Any finding of false or misleading labeling shall institute
the proceedings prescribed in Section 13 of the Act225 ILCS 650/13.
h)
Generically approved labeling is labeling that complies with the following:
1)
Labeling for a product that has a product standard as specified in 9 CFR
319 and 381 or the Standards and Labeling Policy Book and does not
contain any special claims such as quality claims, nutrient content claims,
health claims, negative claims, geographical origin claims or guarantees,
or is not a domestic product labeled in a foreign language;
2)
Labeling for single-ingredient products, such as beef steak or lamb chops,
that does not contain any special claims such as quality claims, nutrient
content claims, health claims, negative claims, geographical origin claims
or guarantees or is not a domestic product labeled with a foreign language;
3)
Labeling for containers of products sold under contract specifications to
federal government agencies that the product is not offered for sale to the
general public, provided that the contract specifications include specific
requirements with respect to labeling and are made available to the
inspector-in-charge;
4)
Labeling for shipping containers that contain fully labeled immediate
containers, provided that the labeling complies with 9 CFR 316.13 and
381.127;
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5)
Labeling for products not intended for human food, provided it complies
with 9 CFR 325, 381.152(c) and 381.193;
6)
Meat inspection legends;
7)
Inserts, tags, liners, pasters and similar devices containing printed or
graphic matter and for use or to be placed within containers and coverings
of products, provided the devices contain no reference to product and bear
no misleading feature;
8)
Labeling for consumer test products not intended for sale;
9)
Labeling that was previously approved by the Department as sketch
labeling, and the final labeling was prepared without modification or with
the following modifications:
A)
All features of the labeling are proportionately enlarged or reduced
provided that all minimum size requirements specified in
applicable regulations are met and the labeling is legible;
B)
The substitution of any unit of measurement with its abbreviation
or the substitution of any abbreviation with its unit of
measurement, e.g., "lb." for "pound" or "oz." for "ounce" or of the
word "pound" for "lb." or "ounce" for "oz.";
C)
A master or stock label has been approved where the name and
address of the distributor are omitted and the name and address are
applied before being used (in that case, the words "prepared for" or
similar statement must be shown together with the blank space
reserved for the insertion of the name and address when the labels
are offered for approval);
D)
Wrappers or other covers bearing pictorial designs, emblematic
designs or illustrations, e.g., floral arrangements, illustrations of
animals, fireworks, etc., are used with approved labeling (The use
of the designs will not make necessary the application of labeling
not otherwise required.);
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E)
A change in the language or the arrangement of directions
pertaining to the opening of containers or the serving of the
product;
F)
The addition, deletion or amendment of a dated or undated coupon,
a cents-off statement, cooking instructions, packer product code
information or the UPC product code information;
G)
Any change in the name or address of the packer, manufacturer or
distributor that appears in the signature line;
H)
Any change in the net weight, provided the size of the net weight
statement complies with 9 CFR 317.2 and 318.121;
I)
The addition, deletion or amendment of recipe suggestions for the
product;
J)
Any change in punctuation;
K)
Newly assigned or revised establishment numbers for a particular
establishment that has been approved by the Department;
L)
The addition or deletion of open dating information;
M)
A change in the type of packaging material on which label is
printed;
N)
Brand name changes, provided that there are no design changes,
the brand name does not use a term that connotes quality or other
product characteristics, the brand name has no geographic
significance, and the brand name does not affect the name of the
product;
O)
The deletion of the word "new" on new product labeling;
P)
The addition, deletion or amendment of special handling
statements, provided that the change is consistent with 9 CFR
317.2(k) and 318.125(a);
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Q)
The addition of safe handling instructions as required by 9 CFR
317.2(1) and 381.125(b);
R)
Changes reflecting a change in the quantity of an ingredient shown
in the formula without a change in the order of predominance
shown on the label, provided that the change in quantity of
ingredients complies with any minimum or maximum limits for the
use of the ingredients prescribed in 9 CFR 318, 319 and 381.147;
S)
Changes in the color of the labeling, provided that sufficient
contrast and legibility remain;
T)
A change in the product vignette, provided that the change does
not affect mandatory labeling information or misrepresent the
content of the package;
U)
A change in the establishment number by a corporation or parent
company for an establishment under its ownership;
V)
Changes in nutrition labeling that only involve quantitative
adjustments to the nutrition labeling information, except for
serving sizes, provided the nutrition labeling information maintains
its accuracy and consistency;
W)
Deletion of any claim, and the deletion of non-mandatory features
or non-mandatory information; and
X)
The addition or deletion of a direct translation of the English
language into a foreign language for products marked "for export
only".
i)
With regard to the incorporated language in 9 CFR 317.6, the extension of time
for exhausting existing stocks of labels is not applicable since all labels presently
in use are in compliance with the rules of this Part.
j)
The Department does not issue a list of approved packaging materials and will
permit for use any packaging material which has been approved by the U.S.
Department of Agriculture (see 9 CFR 317.24 (2004)).
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k)
Labels to be used for the relabeling of inspected and passed product shall be
permitted to leave the official establishment when the product must be relabeled
because the original labels have become mutilated or damaged. The official
establishment shall reimburse the Department for any overtime costs, if
applicable, involved for the inspector to supervise the relabeling of a product.
The overtime charges shall be as set forth in Section 125.80.
l)
The inspector shall grant authorization to transport labels, wrappers and
containers bearing official marks from one official establishment to another
official establishment provided the official establishment provides to the inspector
the information required in 9 CFR 317.13 so that the inspector can notify the
inspector at the destination point.
m)
Labeling of custom slaughter and/or custom processed meat and/or meat products
and the containers containing custom slaughtered and/or custom processed meat
and/or meat products shall be as set forth in Section 5 of the Act.
n)
References in the incorporated language to 9 CFR 312 shall be interpreted to
mean in accordance with Section 125.90.
(Source: Amended at 40 Ill. Reg. 2739, effective January 22, 2016)
SUBPART C: POULTRY INSPECTION
Section 125.380 Labeling and Containers
a)
The Department incorporates by reference 381.115 through 381.127, 381.129
through 381.132(f), 381.133, 381.134, 381.136 through 381.140, 381.144(a)
through 381.144(d), 381.400, 381.402, 381.408, 381.409, 381.412, 381.413,
381.443; 381.444; 381.445; 381.454; 381.456, 381.460, 381.461, 381.462,
381.463, 381.469, 381.480, 381.500 (2010; 75 FR 82148, effective January 1,
2012; 76 FR 82077, effective December 30, 2011; 77 FR 76824, effective
December 31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 49566,
effective October 20, 2014; 79 FR 71007, effective December 1, 2014; 79 FR
79044, effective January 1, 2016).
b)
Each shipping container and each immediate container containing inspected and
passed poultry and/or poultry products shall be identified in accordance with the
labeling provisions of this Section.
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c)
Immediate containers of poultry products packed in, bearing or containing any
chemical additive shall bear a label naming the additive and the purpose of its use.
d)
Labels for consumer packages shall be approved if the label is not misbranded in
accordance with Section 2.20 of the Act and is in compliance with this Section.
e)
The specific statements listed in 9 CFR 381.121 may be added to the label for the
shipping container at the option of the licensee.
f)
The quantity of contents as shown on the label shall be in compliance with the
Weights and Measures Act and the rules adopted thereto (8 Ill. Adm. Code 600).
g)
No labeling or containers that have not been approved shall be used until a final
decision is rendered at an administrative hearing in accordance with Section 19 of
the Act.
h)
The Department shall approve the manufacture of a device or label containing an
official mark of inspection provided the device or label is in compliance with
Section 125.90.
i)
Labeling and sketch labeling shall be approved by the Department if the label is in
compliance with the provisions of this Section and the label is not misbranded in
accordance with Section 2.20 of the Act. All labels and sketch labels shall be
submitted to the Springfield office of the Department for approval.
j)
The Department shall approve temporary labeling as stated in 9 CFR 381.132(f).
Labeling thatwhich has received temporary approval shall not be used beyond the
temporary approval period unless the printer or manufacturer of the label is
unable to provide the official establishment with the permanent labels before the
expiration of the temporary approval.
k)
A copy of each label submitted for approval shall be accompanied by a statement
showing the common or usual names, the kinds and percentages of the ingredients
comprising the poultry product and a statement indicating the method or
preparation of the product with respect to which the label is to be used.
Laboratories used for chemical analysis shall be any approved laboratory as
defined in 8 Ill. Adm. Code 20.1.
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l)
The Department does not approve terms for generic labeling and considers the
approval of terms as generic to be the responsibility of the federal government.
m)
The Department does not issue a list of approved packaging materials and will
permit for use any packaging material which has been approved by the U.S.
Department of Agriculture (see 9 CFR 317.24 (1997)).
n)
Labels and devices approved for use pursuant to Section 125.90 and this Section
shall be disposed of only when thosesuch labels or devices have been mutilated or
damaged or when the establishment ceases to do business. TheSuch labels and
devices shall be given to the inspector for disposition.
o)
The inspector shall grant authorization to transport labels, wrappers and
containers bearing official marks from one official establishment to another
official establishment provided the official establishment provides to the inspector
the information required in 9 CFR 381.138 so that the inspector can notify the
inspector at the destination point.
p)
Labels to be used for the relabeling of inspected and passed product shall be
permitted to leave the official establishment when the product must be relabeled
because the original labels have become mutilated or damaged. The official
establishment shall reimburse the Department for any overtime costs, if
applicable, involved for the inspector to supervise the relabeling of a product.
The overtime charges shall be as set forth in Section 125.80.
q)
Labeling of custom slaughtered and/or custom processed poultry and/or poultry
products and the containers containing custom slaughtered and/or custom
processed poultry products shall be as set forth in Section 5 of the Act.
r)
The Department shall approve only those abbreviations for marks of inspection as
specifically stated in Section 2.26(j)(3), (4), (5) and (9) of the Act.
(Source: Amended at 40 Ill. Reg. 2739, effective January 22, 2016)
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1)
Heading of the Part: Illinois Energy Conservation Code
2)
Code Citation: 71 Ill. Adm. Code 600
3)
Section Numbers:
600.100
600.110
600.120
600.200
600.300
600.320
600.340
600.400
600.420
600.440
600.APPENDIX A
4)
Statutory Authority: Implementing and authorized by the Capital Development Board Act
[20 ILCS 3105] and the Energy Efficient Commercial Building Act [20 ILCS 3125]
5)
Effective Date of Rules: January 20, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rules, including any material incorporated by reference, is on file in
the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 12425; September 11,
2015.
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposal and Final Version: The final version incorporates several
Second Notice changes of a technical nature, agreed to by the Illinois Capital
Development Board and the Joint Committee of Administrative Rules.
Adopted Actions:
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
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12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? Yes
13)
Will this rulemaking replace any emergency rulemaking currently in effect? No
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: The Energy Efficient Building Act requires the
adoption of latest published edition of the International Code Council's International
Energy Conservation Code (IECC) as the Energy Code for Illinois. This rulemaking
updates the version of the Code from the 2012 IECC to the 2015 IECC.
The Act allows the CDB to appropriately adapt the IECC for economic, geographical,
climate, etc. considerations. The Board, through the addition of Appendix A in this Part is
recommending adaptations to various sections of the 2015 IECC. This Appendix
supplants and adds sections on administration, definitions, and various technical sections
related to building envelope; additions, alterations and repairs of existing buildings;
alternative compliance methods; and ventilation requirements for residential buildings.
The rules were also altered to allow for travel reimbursement for Illinois Energy
Conservation Advisory Council members; remove two exceptions for State Funded
Facilities that have been addressed in a newer version of the referenced standard; and to
rearrange or reword a few sections to provide consistency.
16)
Information and questions regarding this adopted rules shall be directed to
Lisa Mattingly
Administrator, Professional Services
Capital Development Board
401 South Spring Street
3rd Floor Stratton Building
Springfield IL 62706
217/524-6408
fax: 217/524-4208
The full text of Adopted Amendments begins on the next page:
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TITLE 71: PUBLIC BUILDINGS, FACILITIES, AND REAL PROPERTY
CHAPTER I: CAPITAL DEVELOPMENT BOARD
SUBCHAPTER d: ENERGY CODES
PART 600
ILLINOIS ENERGY CONSERVATION CODE
SUBPART A: GENERAL
Section
600.100
600.110
600.120
600.130
Definitions
Adoption and Modification of the Code
Illinois Energy Conservation Advisory Council
Revisions to the Code
SUBPART B: STATE FUNDED FACILITIES
Section
600.200
600.210
600.220
Standards for State Funded Facilities
Request for Variance
Compliance
SUBPART C: PRIVATELY FUNDED COMMERCIAL FACILITIES
Section
600.300
600.310
600.320
600.330
600.340
Standards for Privately Funded Commercial Facilities
Exemptions
Local Jurisdiction
Compliance
Application to Home Rule Units
SUBPART D: RESIDENTIAL BUILDINGS
Section
600.400
600.410
600.420
600.430
600.440
Standards for Residential Buildings
Exemptions
Local Jurisdiction
Compliance
Application to Home Rule Units
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600.APPENDIX A
Supplanted and Additional 2015 International Energy Conservation Code
Sections
AUTHORITY: Implementing and authorized by the Capital Development Board Act [20 ILCS
3105] and the Energy Efficient Building Act [20 ILCS 3125].
SOURCE: Adopted by emergency rulemaking at 28 Ill. Reg. 11355, effective July 26, 2004, for
a maximum of 150 days; emergency rules expired December 22, 2004; adopted at 29 Ill. Reg.
777, effective January 1, 2005; new Part adopted by emergency rulemaking at 29 Ill. Reg. 5736,
effective April 8, 2005, for a maximum of 150 days; emergency expired September 4, 2005;
emergency rulemaking repealed at 29 Ill. Reg. 6093, effective April 18, 2005, for a maximum of
150 days; emergency expired September 14, 2005; old Part repealed at 29 Ill. Reg. 16414 and
new Part adopted at 29 Ill. Reg. 14790, effective April 8, 2006; amended at 31 Ill. Reg. 14422,
effective October 9, 2007; emergency amendment at 33 Ill. Reg. 12407, effective August 18,
2009, for a maximum of 150 days; amended at 33 Ill. Reg. 16702, effective November 23, 2009;
emergency rulemaking at 34 Ill. Reg. 2582, effective January 29, 2010, for a maximum of 150
days; emergency expired June 27, 2010; amended at 34 Ill. Reg. 11398, effective July 26, 2010;
amended at 37 Ill. Reg. 789, effective January 11, 2013; amended at 37 Ill. Reg. 12822, effective
July 23, 2013; amended at 40 Ill. Reg. 2754, effective January 20, 2016.
SUBPART A: GENERAL
Section 600.100 Definitions
Definitions of terms in the International Energy Conservation Code, incorporated by reference in
Subpart C of this Part, apply, as do the following definitions:
"Act" means the Capital Development Board Act [20 ILCS 3105].
"Authority Having Jurisdiction" or "AHJ" means the organization, office or
individual responsible for approving equipment, materials, an installation or
procedure.
"CDB" or "Board" means the Illinois Capital Development Board.
"Commercial Facility" means any building except a building that is classified as
a residential building. [20 ILCS 3125/10]
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"Council" means the Illinois Energy Conservation Advisory Council appointed
under Subpart B of this Part and whose purpose it is to recommend modifications
to the Illinois Energy Conservation Code.
"EEB Act" means the Energy Efficient Building Act [20 ILCS 3125].
"IECC" means the International Energy Conservation Code.
"Illinois Energy Conservation Code" or "Code" means:
With respect to the State facilities covered by Subpart B:
This Part, all additional requirements incorporated within Subpart
B (including ASHRAE 90.1 Standards), and any statutorily
authorized adaptations to the incorporated standards adopted by
CDB;
With respect to the privately funded commercial facilities covered by
Subpart C:
This Part, all additional requirements incorporated within Subpart
C (including the 2015 International Energy Conservation Code
that encompasses ASHRAE 90.1, including all published errata
but excluding published supplements, and any statutorily
authorized adaptations to the incorporated standards adopted by
CDB; and
With respect to the residential buildings covered by Subpart D:
This Part, all additional requirements incorporated within Subpart
D (including the 2015 International Energy Conservation Code,
including all published errata but excluding published
supplements) and any statutorily authorized adaptations to the
incorporated standards adopted by CDB.
"Municipality" means any city, village or incorporated town. [20 ILCS 3125/10]
"Residential Building" means a detached one-family or 2-family dwelling or any
building that is 3 stories or less in height above grade that contains multiple
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dwelling units, in which the occupants reside on a primarily permanent basis,
such as a townhouse, a row house, an apartment house, a convent, a monastery, a
rectory, a fraternity or sorority house, a dormitory, and a rooming house;
provided, however, that when applied to a building located within the boundaries
of a municipality having a population of 1,000,000 or more, the term "residential
building" means a building containing one or more dwelling units, not exceeding
4 stories above grade, where occupants are primarily permanent. [20 ILCS
3125/10]
"State Funded Building" means and includes buildings under the jurisdiction of
each officer, department, board, commission, institution and body politic and
corporate of the State, including the Illinois Building Authority, and any other
person expending or encumbering State or federal funds by virtue of an
appropriation or other authorization by the General Assembly or federal
authorization or grant. This includes State funded housing, hospitals,
penitentiaries, laboratories, educational facilities, administrative facilities,
recreational facilities, environmental equipment and parking facilities [20 ILCS
3105/4.01].
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
Section 600.110 Adoption and Modification of the Code
a)
The purpose of the Illinois Energy Conservation Code is to implement Section
10.09-5 of the Capital Development Board Act [20 ILCS 3105/10.09-5], which
requires CDB to adopt rules implementing a statewide Energy Code.
Additionally, Section 15 of the Energy Efficient Building Act [20 ILCS 3125/15]
requires CDB to officially adopt, as a minimum requirement, the 2015
International Energy Conservation Code, including all published errata but
excluding any published supplements, to apply that Code to all commercial
structures in Illinois, and to assist local code officials with enforcing the
requirements of the Code. The 2015 Illinois Energy Conservation Code will
become effective on January 1, 2016.
b)
This Code as described in Subpart B (State facilities) is effective July 26, 2004.
This Code as described in Subpart C (privately-funded commercial facilities) is
effective April 8, 2007. The Code as described in Subpart D (residential buildings)
is effective January 29, 2010.
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c)
d)
Application of the Code
1)
State Facilities. The Code as described in Subpart B of this Part applies to
all State facilities for which money has been appropriated or authorized by
the General Assembly.
2)
Privately Funded Commercial Facilities and Residential Buildings. The
Code as described in Subparts C and D of this Part applies to any new
building or structure in this State for which a building permit application
is received by a municipality or county. [20 ILCS 3125/20]
A)
Additions, alterations, renovations or repairs to an existing
building, building system or portion thereof shall conform to the
provisions of the Code as they relate to new construction without
requiring the unaltered portion of the existing building or building
system to comply with the Code. [20 ILCS 3125/20(c)]
B)
All exceptions listed in the Code related to additions, alterations,
renovations or repairs to an existing building are acceptable
provided the energy use of the building is not increased.
This Code, together with the standards incorporated by reference in this Part, has
the force of a building code and is administrative law applicable in the State of
Illinois.
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
Section 600.120 Illinois Energy Conservation Advisory Council
a)
The Executive Director of the Capital Development Board shall appoint an
Advisory Council. The Council shall be composed of the Executive Director or
his or her authorized representative, who shall serve as Chairman ex-officio, and
11 additional members appointed by the Executive Director. The appointed
members shall consist of 1 person representing the Department of Commerce and
Economic Opportunity; 2 persons representing the residential construction
contracting industry; 2 licensed architects; 1 licensed mechanical engineer; 1
licensed electrical engineer; 2 persons representing local code officials; and 2
persons representing the construction contracting industry. Members of the
Council shall be appointed for 4 year terms. The members appointed by the
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Executive Director shall serve for the term of their appointments and may be
reappointed upon expiration of the term. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his or her predecessor was
appointed shall be appointed for the remainder of the term.
b)
The Council shall meet as frequently as the Chairman deems necessary, but at
least once each year. Additional meetings may be called by the Chairman or by 3
members of the Council upon delivery of 10 days' written notice to the mailing
address of each member of the Council. Seven members of the Council shall
constitute a quorum. The Chairman shall only vote to break a tie or when
necessary to establish a quorum.
c)
The purpose of the Council shall be to recommend modifications to the Illinois
Energy Conservation Code.
d)
Members of the Council shall serve without compensation but shall be reimbursed
for reasonable travel expenses necessarily incurred in the performance of their
duties.
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
SUBPART B: STATE FUNDED FACILITIES
Section 600.200 Standards for State Funded Facilities
a)
ANSI/ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except
Low-Rise Residential Buildings (2013), available from ASHRAE at 1791 Tullie
Circle, N.E., Atlanta GA 30329, is hereby incorporated into the Illinois Energy
Conservation Code, as described in this Subpart as applicable to State funded
facilities, with the modifications outlined in subsection (c).
b)
All incorporations by reference in this Section are of the cited standards as they
existed on the date specified. These incorporations include no later editions or
amendments.
c)
Modifications to ASHRAE 90.1
ASHRAE 90.1 is incorporated by this Section, but with the following
modifications:
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ASHRAE 90.1 Section 3.2
The terms "adopting authority" and "authority having jurisdiction" shall
both be read to mean the Capital Development Board.
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
SUBPART C: PRIVATELY FUNDED COMMERCIAL FACILITIES
Section 600.300 Standards for Privately Funded Commercial Facilities
a)
The 2015 IECC, including published errata but excluding published supplements,
available from the International Code Council at 500 New Jersey Avenue NW, 6th
Floor, Washington DC 20001, phone: 1-888-ICC-SAFE (422-7233), is hereby
incorporated into the Illinois Energy Conservation Code, as described in this
Subpart as applicable to privately funded commercial facilities, with the
modifications outlined in subsection (c).
b)
All incorporations by reference in this Section are of the cited standards as they
existed on the date specified. These incorporations include no later editions or
amendments.
c)
Modifications to IECC
Under Section 15 of the EEB Act, when applying the Code to privately funded
commercial facilities, CDB may modify the incorporated standards to respond to
the unique economy, population distribution, geography and climate of Illinois, as
long as the objectives of the Act are maintained pursuant to that statutory
authority. Modifications, additions or omissions to IECC are specified in
Appendix A and are rules of the CDB and are not requirements of the IECC.
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
Section 600.320 Local Jurisdiction
a)
Construction projects involving privately funded commercial facilities and for
which a municipality or county requires a building permit must comply with the
Illinois Energy Conservation Code if the project involves new construction,
addition, alteration, renovation or repair. In the case of any addition, alteration,
renovation or repair to an existing commercial structure, the Code as described
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by this Subpart C applies only to the portions of that structure that are being
added, altered, renovated or repaired. [20 ILCS 3125/20(a)]
b)
The local authority having jurisdiction (AHJ) shall establish its own procedures
for enforcement of the Illinois Energy Conservation Code. The AHJ is authorized
to enforce a building code that differs with the Code as described in this Subpart
C, but any standards applied by an AHJ must be at least as stringent as the Code
as described in this Subpart C.
c)
A unit of local government that does not regulate energy efficient building
standards is not required to adopt, enforce or administer the Code; however, any
energy efficient building standards adopted by a unit of local government must
comply with the Act. If a unit of local government does not regulate energy
efficient building standards, any construction, renovation or addition to buildings
or structures is still subject to the provisions contained in the Act. [20 ILCS
3125/20(d)]
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
Section 600.340 Application to Home Rule Units
No unit of local government, including any home rule unit, may apply energy efficient building
standards to privately funded commercial facilities in a manner that is less stringent than the
Code as described in this Subpart C. However, nothing in the EEB Act or this Subpart prevents a
unit of local government from adopting an energy efficiency code or standards that are more
stringent than this Code. [20 ILCS 3125/45(a)]
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
SUBPART D: RESIDENTIAL BUILDINGS
Section 600.400 Standards for Residential Buildings
a)
The 2015 IECC, including published errata but excluding published supplements,
available from the International Code Council at 500 New Jersey Avenue NW, 6th
Floor, Washington DC 20001, phone: 1-888-ICC-SAFE (422-7233), is hereby
incorporated into the Illinois Energy Conservation Code, as described in this
Subpart as applicable to residential buildings, with the modifications outlined in
subsection (c).
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b)
All incorporations by reference in this Section are of the cited standards as they
existed on the date specified. These incorporations include no later editions or
amendments.
c)
Modifications to IECC
Under Section 15 of the EEB Act, when applying the Code to residential
buildings, CDB may modify the incorporated standards to respond to the unique
economy, population distribution, geography and climate of Illinois, as long as the
objectives of the Act are maintained pursuant to that statutory authority.
Modifications, additions or omissions to IECC are specified in Appendix A and
are rules of the CDB and are not requirements of the IECC.
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
Section 600.420 Local Jurisdiction
a)
Construction projects involving residential buildings and for which a municipality
or county requires a building permit must comply with the Illinois Energy
Conservation Code if the project involves new construction, addition, alteration,
renovation or repair. In the case of any addition, alteration, renovation or repair
to an existing commercial structure, the Code as described by this Subpart D
applies only to the portions of that structure that are being added, altered,
renovated or repaired. [20 ILCS 3125/20(a)]
b)
The local authority having jurisdiction (AHJ) shall establish its own procedures
for enforcement of the Code.
c)
A unit of local government that does not regulate energy efficient building
standards is not required to adopt, enforce or administer the Code; however, any
energy efficient building standards adopted by a unit of local government must
comply with the Act. If a unit of local government does not regulate energy
efficient building standards, any construction, renovation or addition to buildings
or structures is still subject to the provisions contained in the Act. [20 ILCS
3125/20(d)].
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
Section 600.440 Application to Home Rule Units
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a)
No unit of local government, including any home rule unit, may regulate energy
efficient building standards for residential buildings in a manner that is either
less or more stringent than the standards established in this Subpart D.
b)
The following entities may regulate energy efficient building standards for
residential buildings in a manner that is more stringent than the provisions
contained in this Subpart D:
c)
1)
a unit of local government, including a home rule unit, that has, on or
before May 15, 2009, adopted or incorporated by reference energy
efficient building standards for residential buildings that are equivalent to
or more stringent than the 2006 IECC;
2)
a unit of local government, including a home rule unit, that has, on or
before May 15, 2009, provided to the Capital Development Board, as
required by Section 55 of the Illinois Building Commission Act [20 ILCS
3918], an identification of an energy efficient building code or amendment
that is equivalent to or more stringent than the 2006 IECC; and
3)
a municipality with a population of 1,000,000 or more. [20 ILCS
3125/45(b)]
No unit of local government, including any home rule unit or unit of local
government that is subject to State regulation under the Code as provided in
Section 15 of the EEB may enact any annexation ordinance or resolution, or
require or enter into any annexation agreement, that imposes energy efficient
building standards for residential buildings that are either less or more stringent
than the energy efficiency standards in effect, at the time of construction,
throughout the unit of local government. [20 ILCS 3125/45(c)]
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
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Section 600.APPENDIX A Supplanted and Additional 2015 International Energy
Conservation Code Sections
The following Code sections shall be referenced in place of the corresponding 2015 IECC
sections.
CHAPTER 1 [CE]
SCOPE AND ADMINISTRATION
SECTION C101
SCOPE AND GENERAL REQUIREMENTS
C101.1 Title. This Code shall be known as the Illinois Energy Conservation Code or Code and
shall mean:
With respect to the State facilities covered by 71 Ill. Adm. Code 600.Subpart B:
This Part, all additional requirements incorporated within Subpart B (including
ASHRAE 90.1 Standards, including all published errata but excluding published
supplements that encompass ASHRAE 90.1-2013), and any statutorily authorized
adaptations to the incorporated standards adopted by CDB, are effective January
1, 2016.
With respect to the privately funded commercial facilities covered by 71 Ill. Adm. Code
600.Subpart C:
This Part, all additional requirements incorporated within Subpart C (including
the 2015 International Energy Conservation Code, including all published errata
and excluding published supplements that encompass ASHRAE 90.1-2013), and
any statutorily authorized adaptations to the incorporated standards adopted by
CDB, are effective January 1, 2016.
C101.1.2 Adoption. The Board shall adopt amendments to this Code within 12 months after
publication of changes to the International Energy Conservation Code. Any such update in this
Code shall take effect within 6 months after it is adopted by the Board and shall apply to any
new building or structure in this State for which a building permit application is received by a
municipality or county, except as otherwise provided by the EEB Act.
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C101.1.3 Adaptation. The Board may appropriately adapt the International Energy
Conservation Code to apply to the particular economy, population distribution, geography and
climate of the State and construction within the State, consistent with the public policy objectives
of the EEB Act.
C101.5 Compliance. Commercial buildings shall meet the provisions of the Illinois Energy
Conservation Code covered by 71 Ill. Adm. Code 600.Subpart C. The local authority having
jurisdiction (AHJ) shall establish its own procedures for enforcement of the Illinois Energy
Conservation Code. Minimum compliance shall be demonstrated by submission of:
1.
Compliance forms published in the ASHRAE 90.1 User's Manual; or
2.
Compliance Certificates generated by the U.S. Department of Energy's COMcheckTM
Code compliance tool; or
3.
Other comparable compliance materials that meet or exceed, as determined by the
AHJ,the compliance forms published in the ASHRAE 90.1 User's Manual or the U.S.
Department of Energy's COMcheckTM code compliance tool; or
4.
The seal of the architect/engineer as required by Section 14 of the Illinois Architectural
Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act
[225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225
ILCS 325].
C102.1.1 Above Code Programs. No unit of local government, including any home rule unit,
may apply energy efficient building standards to privately funded commercial facilities in a
manner that is less stringent than this Code as described in 71 Ill. Adm. Code 600.Subpart C.
However, nothing in the EEB Act or Subpart C prevents a unit of local government from
adopting an energy efficiency code or standards that are more stringent than this Code. The
requirements identified as "mandatory" in Chapter 4 shall be met.
SECTION C109
BOARD OF APPEALS
C109.1 General. In order to hear and decide appeals of orders, decisions or determinations
made by the code official relative to the application and interpretation of this Code, there may be
created a board of appeals. The code official shall be an ex officio member of the board of
appeals but shall not have a vote on any matter before the board. The board of appeals shall be
appointed by the governing body and shall hold office at its pleasure. The board shall adopt
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rules of procedure for conducting its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the code official.
C109.3 Qualifications. The board of appeals shall consist of members who are qualified by
experience and training.
CHAPTER 2 [CE]
DEFINITIONS
SECTION C202
GENERAL DEFINITIONS
Authority Having Jurisdiction or AHJ − means the organization, officer or individual
responsible for approving equipment, materials, an installation or procedure.
Board − means the Illinois Capital Development Board.
Council − means the Illinois Energy Conservation Advisory Council whose purpose is to
recommend modifications to the Illinois Energy Conservation Code.
EEB Act − means the Energy Efficient Building Act [20 ILCS 3125].
CHAPTER 4 [CE]
COMMERCIAL ENERGY EFFICIENCY
SECTION C402
BUILDING ENVELOPE REQUIREMENTS
C402.2.2 Roof Assembly. The minimum thermal resistance (R-value) of the insulating material
installed either between the roof framing or continuously on the roof assembly shall be as
specified in Table C402.1.3, based on construction materials used in the roof assembly. Skylight
curbs shall be insulated to the level of roofs with insulation entirely above deck or R-5,
whichever is less.
Exceptions:
1.
Continuously insulated roof assemblies in which the thickness of insulation varies 1 inch
(25 mm) or less and in which the area-weighted U-factor is equivalent to the same
assembly with the R-value specified in Table C402.1.3.
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2.
When tapered insulation is used with insulation entirely above deck, the R-value when
the insulation thickness varies 1 inch (25 mm) or less from the minimum thickness of
tapered insulation shall comply with the R-value specified in Table C402.1.3.
3.
Unit skylight curbs included as a component of a skylight listed and labeled in
accordance with NFRC 100 shall not be required to be insulated.
4.
For roofs on existing buildings with slope less than 2.5" in 12", refer to Section C503.1,
exceptions.
5.
For roofs on existing buildings, refer to Section C503.1 or C504.2.
Insulation installed on a suspended ceiling with removable ceiling tiles shall not be considered
part of the minimum thermal resistance of the roof insulation.
C402.5.1 Air Barriers. A continuous air barrier shall be provided throughout the building
thermal envelope. The air barriers shall be permitted to be located on the inside or outside of the
building envelope, located within the assemblies composing the envelope, or any combination
thereof. The air barrier shall comply with Sections C402.5.1.1 and C402.5.1.2. For roof air
barriers on existing buildings, refer to Section C503.1 or C504.2.
Exception: Air barriers are not required in buildings located in Climate Zone 2B.
C402.5.1.1 Air Barrier Construction. The continuous air barrier shall be constructed to
comply with the following:
1.
The air barrier shall be continuous for all assemblies that are the thermal envelope of the
building and across the joints and assemblies.
2.
Air barrier joints and seams shall be sealed, including sealing transitions at joints between
dissimilar materials. The joints and seals shall be securely installed in or on the joint for
its entire length so as not to dislodge, loosen or otherwise impair its ability to resist
positive and negative pressure from wind, stack effect and mechanical ventilation.
3.
Penetrations of the air barrier shall be caulked, gasketed or otherwise sealed in a manner
compatible with the construction materials and location. Paths for air leakage from the
building to the space between the roof deck and roof covering used air barrier shall be
caulked, gasketed or otherwise covered with a moisture vapor-permeable material. Joints
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and seals associated with penetrations shall be sealed in the same manner or taped or
covered with moisture vapor-permeable wrapping material. Sealing materials shall be
appropriate to the construction materials being sealed and shall be securely installed
around the penetration so as not to dislodge, loosen or otherwise impair the penetrations'
ability to resist positive and negative pressure from wind, stack effect and mechanical
ventilation. Sealing of concealed fire sprinklers, where required, shall be in a manner that
is recommended by the manufacturer. Caulking or other adhesive sealants shall not be
used to fill voids between fire sprinkler cover plates and walls or ceilings.
4.
Recessed lighting fixtures shall comply with Section C402.5.7. When similar objects are
installed that penetrate the air barrier, provisions shall be made to maintain the integrity
of the air barrier.
CHAPTER 5 [CE]
EXISTING BUILDINGS
SECTION C503
ALTERATIONS
C503.1 General. Alterations to any building or structure shall comply with the requirements of
this Code for new construction. Alterations shall be such that the existing building or structure is
no less conforming to the provisions of this Code than the existing building or structure was prior
to the alteration. Alterations to an existing building, building system or portion thereof shall
conform to the provisions of this Code as those provisions relate to new construction without
requiring the unaltered portions of the existing building or building system to comply with this
Code. Alterations shall not create an unsafe or hazardous condition or overload existing building
systems.
Alterations complying with ANSI/ASHRAE/IESNA 90.1 need not comply with Sections C402,
C403, C404 and C405.
Exceptions: The following alterations need not comply with the requirements for new
construction, provided the energy use of the building is not increased:
1.
Storm windows installed over existing fenestration.
2.
Surface-applied window film installed on existing single-pane fenestration assemblies
reducing solar heat gain, provided the Code does not require the glazing or fenestration to
be replaced.
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3.
Existing ceiling, wall or floor cavities exposed during construction, provided that these
cavities are filled with insulation.
4.
Construction in which the existing roof, wall or floor cavity is not exposed.
5.
Roof recover.
6.
Air barriers shall not be required for roof recover and roof replacement when the
alterations or renovations to the building do not include alterations, renovations or repairs
to the remainder of the building envelope.
CHAPTER 1 [RE]
SCOPE AND ADMINISTRATION
SECTION R101
SCOPE AND GENERAL REQUIREMENTS
R101.1 Title. This Code shall be known as the Illinois Energy Conservation Code or Code, and
shall mean:
With respect to the residential buildings covered by 71 Ill. Adm. Code 600.Subpart D:
This Part, all additional requirements incorporated within Subpart D (including
the 2015 International Energy Conservation Code, including all published errata
but excluding published supplements) and any statutorily authorized adaptations
to the incorporated standards adopted by CDB are effective January 1, 2016.
R101.1.2 Adoption. The Board shall adopt amendments to this Code within 12 months after
publication of changes to the International Energy Conservation Code. Any such update in this
Code shall take effect within 6 months after it is adopted by the Board and shall apply to any
new building or structure in this State for which a building permit application is received by a
municipality or county, except as otherwise provided by the EEB Act.
R101.1.3 Adaptation. The Board may appropriately adapt the International Energy
Conservation Code to apply to the particular economy, population distribution, geography and
climate of the State and construction within the State, consistent with the public policy objectives
of the EEB Act.
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R101.5 Compliance. Residential buildings shall meet the provisions of the Illinois Energy
Conservation Code covered by 71 Ill. Adm. Code 600.Subpart D. The local authority having
jurisdiction (AHJ) shall establish its own procedures for enforcement of the Illinois Energy
Conservation Code. Minimum compliance shall be demonstrated by submission of:
1.
Compliance Certificates generated by the U.S. Department of Energy's REScheckTM
Code compliance tool; or
2.
Other comparable compliance materials that meet or exceed, as determined by the AHJ,
U.S. Department of Energy's REScheckTMcode compliance tool; or
3.
The seal of the architect/engineer as required by Section 14 of the Illinois Architectural
Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act
[225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225
ILCS 325].
SECTION R102
ALTERNATIVE MATERIALS DESIGN AND METHODS
OF CONSTRUCTION AND EQUIPMENT
R102.1.1 Above Code Programs. No unit of local government, including any home rule unit,
may regulate energy efficient building standards for residential building in a manner that is either
less or more stringent than the standards established pursuant to this Code. The requirements
identified as "mandatory" in Chapter 4 shall be met.
However, the following entities may regulate energy efficient building standards for residential
buildings in a manner that is more stringent than the provisions contained in this Code:
i)
A unit of local government, including a home rule unit, that has, on or before May 15,
2009, adopted or incorporated by reference energy efficient building standards for
residential buildings that are equivalent to or more stringent than the 2006 International
Energy Conservation Code;
ii)
A unit of local government, including a home rule unit, that has, on or before May 15,
2009, provided to the Capital Development Board, as required by Section 55 of the
Illinois Building Commission Act, an identification of an energy efficient building code
or amendment that is equivalent to or more stringent than the 2006 International Energy
Conservation Code; and
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iii)
A municipality with a population of 1,000,000 or more.
SECTION R109
BOARD OF APPEALS
R109.1 General. In order to hear and decide appeals of orders, decisions or determinations
made by the code official relative to the application and interpretation of this Code, there may be
created a board of appeals. The code official shall be an ex officio member of the board of
appeals but shall not have a vote on any matter before the board. The board of appeals shall be
appointed by the governing body and shall hold office at its pleasure. The board shall adopt
rules of procedure for conducting its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the code official.
R109.3 Qualifications. The board of appeals shall consist of members who are qualified by
experience and training.
CHAPTER 2 [RE]
DEFINITIONS
SECTION R202
GENERAL DEFINITIONS
Authority Having Jurisdiction or AHJ − means the organization, officer or individual
responsible for approving equipment, materials, an installation or procedure.
Board − means the Illinois Capital Development Board.
Council − means the Illinois Energy Conservation Advisory Council whose purpose is to
recommend modifications to the Illinois Energy Conservation Code.
EEB Act − means the Energy Efficient Building Act [20 ILCS 3125].
Local Exhaust − means an exhaust system that uses one or more fans to exhaust air from a
specific room or rooms within a dwelling.
Residential Building − means a detached one-family or 2-family dwelling or any building that
is 3 stories or less in height above grade that contains multiple dwelling units, in which the
occupants reside on a primarily permanent basis, such as a townhouse, a row house, an apartment
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house, a convent, a monastery, a rectory, a fraternity or sorority house, a dormitory and a
rooming house; provided, however, that when applied to a building located within the
boundaries of a municipality having a population of 1,000,000 or more, the term "residential
building" means a building containing one or more dwelling units, not exceeding 4 stories above
grade, where occupants are primarily permanent.
Whole House Mechanical Ventilation System – means an exhaust system, supply system or
combination thereof that is designed in accordance with Section R403.6 to mechanically
exchange indoor air with outdoor air when operating continuously or through a programmed
intermittent schedule to satisfy the whole house ventilation rates. Outdoor air intakes and
exhausts shall have automatic or gravity dampers that close when the ventilation system is not
operating.
CHAPTER 4 [RE]
RESIDENTIAL ENERGY EFFICIENCY
SECTION R401
GENERAL
R401.2 Compliance. Projects shall comply with one of the following:
1.
Sections R401 through R404.
2.
Section R405 and the provisions of Sections R401 through R404 labeled "Mandatory".
3.
With the concurrence of the code official, an alternative method, an energy rating index
(ERI) approach in Section R406, and the provisions of Sections R401 through R404
labeled "Mandatory".
SECTION R402
BUILDING THERMAL ENVELOPE
TABLE R402.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENTa
GLAZED
FENESFENESb
CLIMATE TRATION SKYLIGHT TRATION CEILING
ZONE U-FACTORb U-FACTOR SHGCb,e R -VALUE
1
NR
0.75
0.25
30
WOOD
FRAME
WALL
R -VALUE
13
c
MASS
BASEMENT
SLABd
WALL
FLOOR
WALL
R –VALUE
R -VALUEi R -VALUE R -VALUE
& DEPTH
3/4
13
0
0
CRAWL
SPACEc
WALL
R -VALUE
0
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2
0.40
0.65
0.25
38
3
0.35
0.55
0.25
38
4 except
Marine
0.35
0.55
NR
49
5 and
Marine 4
0.32
0.55
NR
49
6
0.32
0.55
NR
49
7 and 8
0.32
0.55
NR
49
13
4/6
13
0
20 or
h
8/13
19
5/13
20 or
h
8/13
19
20 or
h
13/17
30
20+5 or
h
13+10
15/20
30
20+5 or
h
13+10
19/21
38
13+5
13+5
13+5
0
0
0
5/13
10/13
10, 2 ft
10/13
g
10/13
10, 2 ft
15/19
g
15/19
10, 4 ft
15/19
g
15/19
10, 4 ft
15/19
f
For SI: 1 foot = 304.8 mm
a
R-values are minimums. U-factors and SHGC are maximums. When insulation is installed
in a cavity that is less than the label or design thickness of the insulation, the installed Rvalue of the insulation shall not be less than the R-value specified in the table.
b
The fenestration U-factor column excludes skylights. The SHGC column applies to all
glazed fenestration. Exception: Skylights may be excluded from glazed fenestration SHGC
requirements in Climate Zones 1 through 3 where the SHGC for skylights does not exceed
0.30.
c
"15/19" means R-15 continuous insulation on the interior or exterior of the home or R-19
cavity insulation at the interior of the basement wall. "15/19" shall be permitted to be met
with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous
insulation on the interior or exterior of the home. "10/13" means R-10 continuous insulation
on the interior or exterior of the home or R-13 cavity insulation at the interior of the
basement wall.
d
R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall
be the depth of the footing or 2 feet, whichever is less in Climate Zones 1 through 3 for
heated slabs.
e
There are no SHGC requirements in the Marine Zone.
f
Basement wall insulation is not required in warm-humid locations as defined by Figure
R301.1 and Table R301.1 (of the IECC).
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g
Or insulation sufficient to fill the framing cavity, R-19 minimum.
h
The first value is cavity insulation, the second value is continuous insulation, so "13+5"
means R-13 cavity insulation plus R-5 continuous insulation.
i
The second R-value applies when more than half the insulation is on the interior of the mass
wall.
TABLE R402.1.4
EQUIVALENT U-FACTORS
CLIMATE
ZONE
FENESTRATION
U-FACTOR
5 and
Marine 4
0.32
SKYLIGHT CEILING
U-FACTOR U-FACTOR
0.55
0.026
FRAME
WALL
U -FACTOR
MASS WALL
U-FACTOR
FLOOR
U-FACTOR
BASEMENT
WALL
U-FACTOR
CRAWL
SPACE
WALL
U-FACTOR
0.060
0.082
0.033
0.059
0.055
R402.2.2 Ceilings Without Attic Spaces. When Section R402.1.2 would require insulation
levels above R-30 and the design of the roof/ceiling assembly does not allow sufficient space for
the required insulation, the minimum required insulation for those roof/ceiling assemblies shall
be R-30. This reduction of insulation from the requirements of Section R402.1.2 shall be limited
to 500 square feet (46 m2) or 20 percent of the total insulated ceiling area, whichever is less. This
reduction shall not apply to the U-factor alternative approach in Section R402.1.4 and the total
UA alternative in Section R402.1.5.
Exception: For roofs on existing buildings with slope less than 2.5" in 12", refer to Section
R503.1.1.
R402.2.9 Basement Walls. Walls associated with conditioned basements shall be insulated
from the top of the basement wall down to 10 feet (3048 mm) below grade or to within 6 inches
(152 mm) of the basement floor, whichever is less. Walls associated with unconditioned
basements shall meet this requirement unless the floor overhead is insulated in accordance with
Sections R402.l.2 and R402.2.2.8.
Exception: Walls associated with conditioned basements may be insulated from the top of the
basement wall down to 4 feet (1219 mm) below grade when the basement wall R-value is at least
15/19, (basement wall U-Factor of 0.050).
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R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air
leakage rate not exceeding 5 air changes per hour (ACH) in Climate Zones 4 and 5. The
building or dwelling unit shall be provided with a whole-house mechanical ventilation system as
designed in accordance with Section R403.6. Testing shall be conducted in accordance with
ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inches w.g. (50 Pascals). When
required by the code official, testing shall be conducted by an approved third party. A written
report of the results of the test, indicating the ACH, shall be signed by the party conducting the
test and provided to the code official. Testing shall be performed at any time after all
penetrations of the building thermal envelope have been sealed.
Exceptions:
1.
For additions, alterations, renovations or repairs to existing buildings, building envelope
tightness and insulation installation shall be considered acceptable when the items in
Table R402.4.1.1, applicable to the method of construction, are field verified. When
required by the code official, an approved third party independent from the installer shall
inspect both air barrier and insulation installation criteria.
2.
For heated attached private garages and heated detached private garages accessory to 1and 2-family dwellings and townhouses not more than 3 stories above grade plane in
height, building envelope tightness and insulation installation shall be considered
acceptable when the items in Table R402.4.1.1, applicable to the method of construction,
are field verified. When required by the code official, an approved third party
independent from the installer shall inspect both air barrier and insulation installation
criteria. Heated attached private garage space and heated detached private garage space
shall be thermally isolated from all other habitable, conditioned spaces.
During testing:
1.
Exterior windows and doors and fireplace and stove doors shall be closed, but not sealed,
beyond the intended weatherstripping or other infiltration control measures.
2.
Dampers, including exhaust, intake, makeup air, backdraft and flue dampers, shall be
closed, but not sealed beyond intended infiltration control measures.
3.
Interior doors, if installed at the time of the test, shall be open.
4.
Exterior doors for continuous ventilation systems and heat recovery ventilators shall be
closed and sealed.
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5.
Heating and cooling systems, if installed at the time of the test, shall be turned off.
6.
Supply and return registers, if installed at the time of the test, shall be fully open.
R402.4.4 Rooms Containing Fuel-burning Appliances. This section has been deleted. It is
not required in Illinois.
SECTION R403
SYSTEMS
R403.6 Mechanical Ventilation (Mandatory). When the air infiltration rate of a building or
dwelling unit is 5 air changes per hour or less when tested in accordance with Section
R402.4.1.2, the building or dwelling unit shall be provided with ventilation that meets the
requirements of this section or the International Mechanical Code, as applicable, or with other
approved means of ventilation. Outdoor air intakes and exhausts shall have automatic or gravity
dampers that close when the ventilation system is not operating.
R403.6.2 Recirculation of Air. Exhaust air from bathrooms and toilet rooms shall not be
recirculated within a residence or to another dwelling unit and shall be exhausted directly to the
outdoors. Exhaust air from bathrooms and toilet rooms shall not discharge into an attic, crawl
space or other areas inside the building.
R403.6.3 Whole-house Mechanical Ventilation System. Whole-house mechanical ventilation
systems shall be designed in accordance with Sections R403.6.4 through R403.6.6.
R403.6.4 System Design. The whole-house ventilation system shall consist of one or more
supply or exhaust fans, or a combination of such, and associated ducts and controls. Local
exhaust or supply fans are permitted to serve as such a system. Outdoor air ducts connected to
the return side of an air handler shall be considered to provide supply ventilation.
R403.6.5 System Controls. The whole-house mechanical ventilation system shall be provided
with controls that enable manual override.
R403.6.6 Mechanical Ventilation Rate. The whole house mechanical ventilation system shall
provide outdoor air at a continuous rate of not less than that determined in accordance with Table
R403.6.6(1).
Exceptions:
ILLINOIS REGISTER
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CAPITAL DEVELOPMENT BOARD
NOTICE OF ADOPTED AMENDMENTS
1.
The whole-house mechanical ventilation system is permitted to operate intermittently
when the system has controls that enable operation for not less than 25 percent of each 4hour segment and the ventilation rate prescribed in Table R403.6.6(1) is multiplied by the
factor determined in accordance with Table R403.6.6(2).
2.
The total required outdoor air ventilation rate (Qtot) shall be as specified in Table
403.6.6(1) or calculated in accordance with Equation 4-1.
Equation 4-1:
CFMtotal = 0.01CFA + 7.5(Nbr + 1)
Where:
CFMtotal = total required ventilation rate, (cfm)
CFA
= conditioned floor area of residence, (ft2)
Nbr
= number of bedrooms (not to be less than 1)
R403.6.6.1 Different Occupant Density. Table R403.6.6(1) assumes two persons in a dwelling
unit and an additional person for each additional bedroom. When higher occupant densities are
known, the airflow rate shall be increased by 7.5 cfm (3.5 L/s) for each additional person. When
approved by the authority having jurisdiction, lower occupant densities may be used.
R403.6.6.2 Airflow Measurement. The airflow rate required is the quantity of outdoor
ventilation air supplied and/or indoor air exhausted by the whole-house mechanical ventilation
system installed, and shall be measured using a flow hood, flow grid, or other airflow measuring
device. Ventilation airflow of systems with multiple operating modes shall be tested in all modes
designed to meet Section R403.6.6. Where required by the code official, testing shall conducted
by an approved third party. A written report of the results of the test, indicating the verified
airflow rate, shall be signed by the party conducting the test and provided to the code official.
R403.6.7 Local Exhaust Rates. Local exhaust systems shall be designed to have the capacity
to exhaust the minimum air flow rate determined in accordance with Table R403.6.7.
TABLE R403.6.6(1)
CONTINUOUS WHOLE-HOUSE MECHANICAL
VENTILATION SYSTEM AIRFLOW RATE
ILLINOIS REGISTER
2780
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CAPITAL DEVELOPMENT BOARD
NOTICE OF ADOPTED AMENDMENTS
DWELLING UNIT
FLOOR AREA
(square feet)
< 1,500
1,501 - 3,000
3,001 - 4,500
4,501 - 6,000
6,001 - 7,500
> 7,500
NUMBER OF BEDROOMS
2-3
4-5
6-7
Airflow in CFM
45
60
75
60
75
90
75
90
105
90
105
120
105
120
135
120
135
150
0-1
30
45
60
75
90
105
>7
90
105
120
135
150
165
For SI: 1 square foot = 0.0929 m2, 1 cubic foot per minute = 0.0004719 m3/s.
TABLE R403.6.6(2)
INTERMITTENT WHOLE-HOUSE MECHANICAL
VENTILATION RATE FACTORSa, b
RUN-TIME PERCENTAGE IN
EACH 4-HOUR SEGMENT
Factor a
25%
33%
50%
66%
75%
100%
4
3
2
1.5
1.3
1.0
a
For ventilation system run time values between those given, the factors are permitted to be
determined by interpolation.
b
Extrapolation beyond the table is prohibited.
TABLE R403.6.7
MINIMUM REQUIRED LOCAL EXHAUST RATES FOR
ONE- AND TWO-FAMILY DWELLINGS
AREA TO BE EXHAUSTED
Kitchens
Bathrooms-Toilet Rooms
EXHAUST RATES
100 cfm intermittent or 25 cfm continuous
Mechanical exhaust capacity of 50 cfm
intermittent or 20 cfm continuous
For SI: 1 cubic foot per minute = 0.0004719 m3/s.
SECTION R405
SIMULATED PERFORMANCE ALTERNATIVE (PERFORMANCE)
ILLINOIS REGISTER
2781
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CAPITAL DEVELOPMENT BOARD
NOTICE OF ADOPTED AMENDMENTS
TABLE R405.5.2(1)
SPECIFICATIONS FOR THE STANDARD
REFERENCE AND PROPOSED DESIGNS
BUILDING
COMPONENT
STANDARD REFERENCE DESIGN
PROPOSED DESIGN
Air leakage rate of 5 air changes per hour in climate zones
4 and 5. Testing shall be conducted in accordance with
ASTM E779 or ASTM E1827 and reported at a pressure
of 0.2 inches w.g. (50 Pascal). The mechanical ventilation
rate shall be in addition to the air leakage rate and the
same as in the proposed design, but no greater than 0.01 x
CFA + 7.5 x (Nbr + 1)
For residences that are not
tested, the same air leakage
rate as the standard reference
design.
Air Exchange Rate
where:
CFA = conditioned floor area
Nbr = number of bedrooms
For tested residences, the
measured air exchange rate.
The mechanical ventilation
rateb shall be in addition to the
air leakage rate and shall be as
proposed.
Energy recovery shall not be assumed for mechanical
ventilation.
SECTION 406
ENERGY RATING INDEX COMPLIANCE ALTERNATIVE
R406.1 Scope. This section establishes an alternative compliance criteria using an Energy
Rating Index (ERI) analysis. For purposes of clarification, the Illinois Department of Commerce
and Economic Opportunity declares that Section R406 of the 2015 International Energy
Conservation Code affords an alternative form of compliance and is not a mandate on the
Department to provide training to Section R406.
CHAPTER 5 [RE]
EXISTING BUILDINGS
SECTION R502
ADDITIONS
R502.1.1.2 Heating and Cooling Systems. New heating, cooling and duct systems that are part
of the addition shall comply with Sections R403.1, R403.2, R403.3, R403.5 and R403.6.
ILLINOIS REGISTER
2782
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CAPITAL DEVELOPMENT BOARD
NOTICE OF ADOPTED AMENDMENTS
Exception: When ducts from an existing heating and cooling system are extended to an addition,
the new and existing duct systems shall not be required to be tested in accordance with Section
R403.3.3. New duct systems shall be sealed in accordance with Section R403.3.2.
SECTION R503
ALTERATIONS
R503.1.1 Building Envelope. Building envelope assemblies that are part of the alteration shall
comply with Section R402.1.2 or R402.1.4, Sections R402.2.1 through R402.2.12, R402.3.1,
R402.3.2, R402.4.3 and R402.4.4.
Exception: The following alterations need not comply with the requirements for new
construction provided the energy use of the building is not increased:
1.
Storm windows installed over existing fenestration.
2.
Existing ceiling, wall or floor cavities exposed during construction provided that these
cavities are filled with insulation.
3.
Construction in which the existing roof, wall or floor cavity is not exposed.
4.
Roof recover.
5.
Roofs without insulation in the cavity and where the sheathing or insulation is exposed
during reroofing shall be insulated either above or below the sheathing.
6.
For roof replacement on existing buildings with a roof slope of less than 2" in 12", and
when the roof covering is removed and insulation remains, and when the required R-value
cannot be provided due to thickness limitations presented by existing rooftop conditions,
(including heating, ventilating and air-conditioning equipment, low door or glazing
heights, parapet heights, weep holes, and roof flashing heights not meeting the
manufacturer's specifications), the maximum thickness of insulation compatible with the
available space and existing uses shall be installed. Insulation used shall be minimum R3.5 per inch. In areas where flashing may be terminated a minimum of 8" above the roof
covering (including required insulation), insulation shall be a minimum of R-20.
7.
R-value for roof assemblies with tapered insulation above deck with slope greater than
⅛" in 12" shall average R-20.
ILLINOIS REGISTER
2783
16
CAPITAL DEVELOPMENT BOARD
NOTICE OF ADOPTED AMENDMENTS
8.
Surface-applied window film installed on existing single pane fenestration assemblies to
reduce solar heat gain provided the Code does not require the glazing or fenestration
assembly to be replaced.
R503.1.2 Heating and Cooling Systems. New heating, cooling and duct systems that are part
of the alteration shall comply with Sections R403.1, R403.2, R403.3 and R403.6.
Exception: When ducts from an existing heating and cooling system are extended, the new and
existing duct systems shall not be required to be tested in accordance with Section R403.3.3.
Altered duct systems shall be sealed in accordance with Section R403.3.2.
SECTION R504
REPAIRS
R504.2 Application. For the purposes of this Code, the following shall be considered repairs:
1.
Glass-only replacements in an existing sash and frame.
2.
Roof repairs.
3.
Insulation with new roof covering for roof slopes less than 2" in 12" inches only in areas
where the tapered insulation is used above an existing roof covering to create slope
between drains or upslope from obstructions to water flow.
4.
Repairs in which only the bulb and/or ballast within the existing luminaires in a space are
replaced, provided that the replacement does not increase the installed interior lighting
power.
(Source: Amended at 40 Ill. Reg. 2754, effective January 20, 2016)
ILLINOIS REGISTER
2784
16
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
1)
Heading of the Part: Medical Assistance Programs
2)
Code Citation: 89 Ill. Adm. Code 120
3)
Section Numbers:
120.12
120.14
120.66
120.67
120.68
4)
Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]
5)
Effective Date of Rules: January 20, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rules, including any materials incorporated by reference, is on file
in the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: January 23, 2015; 39 Ill. Reg. 1403
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences Between Proposal and Final Version: The following changes have been
made: In Section 120.68 of Part 120 changed "(b)(5)" to "(b)(6)" and added a new
subsection "(b)(5)" to read: "Persons age 19 or older, but younger than age 65 as defined
under section 5-2(18) of the Code;" In Section 120.68(g)(1) of Part 120 inserted "as"
after the word "be" and changed "120.66(e)" to "120.66(d)". In Section 120.68 of Part
120 added new subsection "(m)" to read "This Section will apply upon receipt of federal
approval of the amendment to the Illinois State Medicaid Plan to authorize Hospital
Presumptive Eligibility and upon successful deployment of the data system required to
support the HPE process outlined in this Section (Phase 2 of the Integrated Eligibility
System)."
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? Yes
Adopted Actions:
Repealed
Repealed
New Section
New Section
New Section
ILLINOIS REGISTER
2785
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
13)
Will this rulemaking replace any emergency rule currently in effect? No
14)
Are there any other rulemakings pending on this Part? Yes
Section
120.61
Proposed Action
Amendment
Illinois Register Citation
39 Ill. Reg. 10667; August 7, 2015
15)
Summary and Purpose of Rulemaking: The rulemaking creates Hospital Presumptive
Eligibility (HPE) as required under the Affordable Care Act. Further, it sets out who may
qualify for enrollment through HPE and the requirements and performance standards for
hospitals participating as HPE providers. Clarifies Child PE and PE for pregnant women
and makes changes to conform with the Affordable Care Act.
16)
Information and questions regarding these adopted rules shall be directed to:
Mollie Zito
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, 3rd Floor
Springfield IL 62763-0002
217/782-1233
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER
2786
16
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
TITLE 89: SOCIAL SERVICES
CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 120
MEDICAL ASSISTANCE PROGRAMS
SUBPART A: GENERAL PROVISIONS
Section
120.1
Incorporation by Reference
SUBPART B: ASSISTANCE STANDARDS
Section
120.10
120.11
120.12
120.14
120.20
120.30
120.31
120.32
120.34
120.40
120.50
Eligibility for Medical Assistance
Eligibility for Pregnant Women and Children
Healthy Start – Medicaid Presumptive Eligibility Program for Pregnant Women
(Repealed)
Presumptive Eligibility for Children (Repealed)
MANG(AABD) Income Standard
MANG(C) Income Standard
MANG(P) Income Standard
FamilyCare Assist
FamilyCare Share and FamilyCare Premium Level 1 (Repealed)
Exceptions To Use Of MANG Income Standard (Repealed)
AMI Income Standard (Repealed)
SUBPART C: FINANCIAL ELIGIBILITY DETERMINATION
Section
120.60
120.61
120.62
120.63
Community Cases
Long Term Care
Department of Mental Health and Developmental Disabilities (DMHDD)
Approved Home and Community Based Residential Settings Under 89 Ill. Adm.
Code 140.643 (Repealed)
Department of Mental Health and Developmental Disabilities (DMHDD)
Approved Home and Community Based Residential Settings (Repealed)
ILLINOIS REGISTER
2787
16
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
120.64
120.65
120.66
120.67
120.68
Determination of Eligibility for Cases Subject to Modified Adjusted Gross
Income (MAGI) Methodology
Department of Mental Health and Developmental Disabilities (DMHDD)
Licensed Community – Integrated Living Arrangements (Repealed)
Healthy Start – Medicaid Presumptive Eligibility for Pregnant Women
Presumptive Eligibility for Children
Hospital Presumptive Eligibility (HPE) under the Affordable Care Act
SUBPART D: MEDICARE PREMIUMS
Section
120.70
120.72
120.73
120.74
120.75
120.76
Supplementary Medical Insurance Benefits (SMIB) Buy-In Program
Eligibility for Medicare Cost Sharing as a Qualified Medicare Beneficiary (QMB)
Eligibility for Payment of Medicare Part B Premiums for Specified Low-Income
Medicare Beneficiaries (SLIBs) and Qualified Individuals-1 (QI-1)
Qualified Medicare Beneficiary (QMB) Income Standard
Specified Low-Income Medicare Beneficiaries (SLIBs) and Qualified
Individuals-1 (QI-1) Income Standards
Hospital Insurance Benefits (HIB)
SUBPART E: RECIPIENT RESTRICTION PROGRAM
Section
120.80
Recipient Restriction Program
SUBPART F: MIGRANT MEDICAL PROGRAM
Section
120.90
120.91
Migrant Medical Program (Repealed)
Income Standards (Repealed)
SUBPART G: AID TO THE MEDICALLY INDIGENT
Section
120.200
120.208
120.210
120.211
120.212
Elimination Of Aid To The Medically Indigent
Client Cooperation (Repealed)
Citizenship (Repealed)
Residence (Repealed)
Age (Repealed)
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
120.215
120.216
120.217
120.218
120.224
120.225
120.230
120.235
120.236
120.240
120.245
120.250
120.255
120.260
120.261
120.262
120.270
120.271
120.272
120.273
120.275
120.276
120.280
120.281
120.282
120.283
120.284
120.285
120.290
120.295
Relationship (Repealed)
Living Arrangement (Repealed)
Supplemental Payments (Repealed)
Institutional Status (Repealed)
Foster Care Program (Repealed)
Social Security Numbers (Repealed)
Unearned Income (Repealed)
Exempt Unearned Income (Repealed)
Education Benefits (Repealed)
Unearned Income In-Kind (Repealed)
Earmarked Income (Repealed)
Lump Sum Payments and Income Tax Refunds (Repealed)
Protected Income (Repealed)
Earned Income (Repealed)
Budgeting Earned Income (Repealed)
Exempt Earned Income (Repealed)
Recognized Employment Expenses (Repealed)
Income From Work/Study/Training Program (Repealed)
Earned Income From Self-Employment (Repealed)
Earned Income From Roomer and Boarder (Repealed)
Earned Income In-Kind (Repealed)
Payments from the Illinois Department of Children and Family Services
(Repealed)
Assets (Repealed)
Exempt Assets (Repealed)
Asset Disregards (Repealed)
Deferral of Consideration of Assets (Repealed)
Spend-down of Assets (AMI) (Repealed)
Property Transfers (Repealed)
Persons Who May Be Included in the Assistance Unit (Repealed)
Payment Levels for AMI (Repealed)
SUBPART H: MEDICAL ASSISTANCE – NO GRANT (MANG) ELIGIBILITY FACTORS
Section
120.308
120.309
120.310
120.311
Client Cooperation
Caretaker Relative
Citizenship
Residence
ILLINOIS REGISTER
2789
16
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
120.312
120.313
120.314
120.315
120.316
120.317
120.318
120.319
120.320
120.321
120.322
120.323
120.324
120.325
120.326
120.327
120.328
120.329
120.330
120.332
120.335
120.336
120.338
120.340
120.342
120.345
120.346
120.347
120.350
120.355
120.360
120.361
120.362
120.363
Age
Blind
Disabled
Relationship
Living Arrangements
Supplemental Payments
Institutional Status
Assignment of Rights to Medical Support and Collection of Payment
Cooperation in Establishing Paternity and Obtaining Medical Support
Good Cause for Failure to Cooperate in Establishing Paternity and Obtaining
Medical Support
Proof of Good Cause for Failure to Cooperate in Establishing Paternity and
Obtaining Medical Support
Suspension of Paternity Establishment and Obtaining Medical Support Upon
Finding Good Cause
Health Insurance Premium Payment (HIPP) Program
Health Insurance Premium Payment (HIPP) Pilot Program
Foster Care Program
Social Security Numbers
Compliance with Employment and Work Activity Requirements (Suspended;
Repealed)
Compliance with Non-Economic Eligibility Requirements of Article IV
(Suspended; Repealed)
Unearned Income
Budgeting Unearned Income
Exempt Unearned Income
Education Benefits
Incentive Allowance
Unearned Income In-Kind
Child Support and Spousal Maintenance Payments
Earmarked Income
Medicaid Qualifying Trusts
Treatment of Trusts and Annuities
Lump Sum Payments and Income Tax Refunds
Protected Income
Earned Income
Budgeting Earned Income
Exempt Earned Income
Earned Income Disregard – MANG(C)
ILLINOIS REGISTER
2790
16
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
120.364
120.366
120.370
120.371
120.372
120.373
120.375
120.376
120.379
120.380
120.381
120.382
120.383
120.384
120.385
120.386
120.387
120.388
120.390
120.391
120.392
120.393
120.395
120.399
120.400
Earned Income Exemption
Exclusion From Earned Income Exemption
Recognized Employment Expenses
Income From Work/Study/Training Programs
Earned Income From Self-Employment
Earned Income From Roomer and Boarder
Earned Income In-Kind
Payments from the Illinois Department of Children and Family Services
Provisions for the Prevention of Spousal Impoverishment
Resources
Exempt Resources
Resource Disregard
Deferral of Consideration of Assets
Spenddown of Resources
Factors Affecting Eligibility for Long Term Care Services
Property Transfers Occurring On or Before August 10, 1993
Property Transfers Occurring On or After August 11, 1993 and Before January 1,
2007
Property Transfers Occurring On or After January 1, 2007
Persons Who May Be Included In the Assistance Unit
Individuals Under Age 18 Who Do Not Qualify For AFDC/AFDC-MANG And
Children Born October 1, 1983, or Later
Pregnant Women Who Would Not Be Eligible For AFDC/AFDC-MANG If The
Child Were Already Born Or Who Do Not Qualify As Mandatory Categorically
Needy
Pregnant Women And Children Under Age Eight Years Who Do Not Qualify As
Mandatory Categorically Needy Demonstration Project
Payment Levels for MANG (Repealed)
Redetermination of Eligibility
Twelve Month Eligibility for Persons under Age 19
SUBPART I: SPECIAL PROGRAMS
Section
120.500
120.510
120.520
120.530
Health Benefits for Persons with Breast or Cervical Cancer
Health Benefits for Workers with Disabilities
SeniorCare (Repealed)
Home and Community Based Services Waivers for Medically Fragile,
Technology Dependent, Disabled Persons Under Age 21
ILLINOIS REGISTER
2791
16
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
120.540
120.550
120.TABLE A
120.TABLE B
Illinois Healthy Women Program
Asylum Applicants and Torture Victims
Value of a Life Estate and Remainder Interest
Life Expectancy (Repealed)
AUTHORITY: Implementing Articles III, IV, V and VI and authorized by Section 12-13 of the
Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V and VI and 12-13] and implementing the
federal Deficit Reduction Act of 2005 (P.L. 109-171).
SOURCE: Filed effective December 30, 1977; peremptory amendment at 2 Ill. Reg. 17, p. 117,
effective February 1, 1978; amended at 2 Ill. Reg. 31, p. 134, effective August 5, 1978;
emergency amendment at 2 Ill. Reg. 37, p. 4, effective August 30, 1978, for a maximum of 150
days; peremptory amendment at 2 Ill. Reg. 46, p. 44, effective November 1, 1978; peremptory
amendment at 2 Ill. Reg. 46, p. 56, effective November 1, 1978; emergency amendment at 3 Ill.
Reg. 16, p. 41, effective April 9, 1979, for a maximum of 150 days; emergency amendment at 3
Ill. Reg. 28, p. 182, effective July 1, 1979, for a maximum of 150 days; amended at 3 Ill. Reg.
33, p. 399, effective August 18, 1979; amended at 3 Ill. Reg. 33, p. 415, effective August 18,
1979; amended at 3 Ill. Reg. 38, p. 243, effective September 21, 1979; peremptory amendment at
3 Ill. Reg. 38, p. 321, effective September 7, 1979; amended at 3 Ill. Reg. 40, p. 140, effective
October 6, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979; amended at 3 Ill.
Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1, effective November
15, 1979; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 22, 1980; amended
at 4 Ill. Reg. 10, p. 258, effective February 25, 1980; amended at 4 Ill. Reg. 12, p. 551, effective
March 10, 1980; amended at 4 Ill. Reg. 27, p. 387, effective June 24, 1980; emergency
amendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a maximum of 150 days;
amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended at 4 Ill. Reg. 37, p. 800,
effective September 2, 1980; amended at 4 Ill. Reg. 45, p. 134, effective October 27, 1980;
amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1134, effective
January 26, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at
5 Ill. Reg. 7071, effective June 23, 1981; amended at 5 Ill. Reg. 7104, effective June 23, 1981;
amended at 5 Ill. Reg. 8041, effective July 27, 1981; amended at 5 Ill. Reg. 8052, effective July
24, 1981; peremptory amendment at 5 Ill. Reg. 8106, effective August 1, 1981; peremptory
amendment at 5 Ill. Reg. 10062, effective October 1, 1981; peremptory amendment at 5 Ill. Reg.
10079, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10095, effective October
1, 1981; peremptory amendment at 5 Ill. Reg. 10113, effective October 1, 1981; peremptory
amendment at 5 Ill. Reg. 10124, effective October 1, 1981; peremptory amendment at 5 Ill. Reg.
10131, effective October 1, 1981; amended at 5 Ill. Reg. 10730, effective October 1, 1981;
amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 10760, effective
ILLINOIS REGISTER
2792
16
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
October 1, 1981; amended at 5 Ill. Reg. 10767, effective October 1, 1981; peremptory
amendment at 5 Ill. Reg. 11647, effective October 16, 1981; peremptory amendment at 6 Ill.
Reg. 611, effective January 1, 1982; amended at 6 Ill. Reg. 1216, effective January 14, 1982;
emergency amendment at 6 Ill. Reg. 2447, effective March 1, 1982, for a maximum of 150 days;
peremptory amendment at 6 Ill. Reg. 2452, effective February 11, 1982; peremptory amendment
at 6 Ill. Reg. 6475, effective May 18, 1982; peremptory amendment at 6 Ill. Reg. 6912, effective
May 20, 1982; emergency amendment at 6 Ill. Reg. 7299, effective June 2, 1982, for a maximum
of 150 days; amended at 6 Ill. Reg. 8115, effective July 1, 1982; amended at 6 Ill. Reg. 8142,
effective July 1, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg.
10970, effective August 26, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982;
amended at 6 Ill. Reg. 12293, effective October 1, 1982; amended at 6 Ill. Reg. 12318, effective
October 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; amended at 7 Ill.
Reg. 394, effective January 1, 1983; codified at 7 Ill. Reg. 6082; amended at 7 Ill. Reg. 8256,
effective July 1, l983; amended at 7 Ill. Reg. 8264, effective July 5, l983; amended (by adding
Section being codified with no substantive change) at 7 Ill. Reg. 14747; amended (by adding
Sections being codified with no substantive change) at 7 Ill. Reg. 16108; amended at 8 Ill. Reg.
5253, effective April 9, 1984; amended at 8 Ill. Reg. 6770, effective April 27, 1984; amended at
8 Ill. Reg. 13328, effective July 16, 1984; amended (by adding Sections being codified with no
substantive change) at 8 Ill. Reg. 17897; amended at 8 Ill. Reg. 18903, effective September 26,
1984; peremptory amendment at 8 Ill. Reg. 20706, effective October 3, 1984; amended at 8 Ill.
Reg. 25053, effective December 12, 1984; emergency amendment at 9 Ill. Reg. 830, effective
January 3, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 4515, effective March 25,
1985; amended at 9 Ill. Reg. 5346, effective April 11, 1985; amended at 9 Ill. Reg. 7153,
effective May 6, 1985; amended at 9 Ill. Reg. 11346, effective July 8, 1985; amended at 9 Ill.
Reg. 12298, effective July 25, 1985; amended at 9 Ill. Reg. 12823, effective August 9, 1985;
amended at 9 Ill. Reg. 15903, effective October 4, 1985; amended at 9 Ill. Reg. 16300, effective
October 10, 1985; amended at 9 Ill. Reg. 16906, effective October 18, 1985; amended at 10 Ill.
Reg. 1192, effective January 10, 1986; amended at 10 Ill. Reg. 3033, effective January 23, 1986;
amended at 10 Ill. Reg. 4907, effective March 7, 1986; amended at 10 Ill. Reg. 6966, effective
April 16, 1986; amended at 10 Ill. Reg. 10688, effective June 3, 1986; amended at 10 Ill. Reg.
12672, effective July 14, 1986; amended at 10 Ill. Reg. 15649, effective September 19, 1986;
amended at 11 Ill. Reg. 3992, effective February 23, 1987; amended at 11 Ill. Reg. 7652,
effective April 15, 1987; amended at 11 Ill. Reg. 8735, effective April 20, 1987; emergency
amendment at 11 Ill. Reg. 12458, effective July 10, 1987, for a maximum of 150 days; amended
at 11 Ill. Reg. 14034, effective August 14, 1987; amended at 11 Ill. Reg. 14763, effective August
26, 1987; amended at 11 Ill. Reg. 20142, effective January 1, 1988; amended at 11 Ill. Reg.
20898, effective December 14, 1987; amended at 12 Ill. Reg. 904, effective January 1, 1988;
amended at 12 Ill. Reg. 3516, effective January 22, 1988; amended at 12 Ill. Reg. 6234, effective
March 22, 1988; amended at 12 Ill. Reg. 8672, effective May 13, 1988; amended at 12 Ill. Reg.
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
9132, effective May 20, 1988; amended at 12 Ill. Reg. 11483, effective June 30, 1988;
emergency amendment at 12 Ill. Reg. 11632, effective July 1, 1988, for a maximum of 150 days;
emergency amendment at 12 Ill. Reg. 11839, effective July 1, 1988, for a maximum of 150 days;
amended at 12 Ill. Reg. 12835, effective July 22, 1988; emergency amendment at 12 Ill. Reg.
13243, effective July 29, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 17867,
effective October 30, 1988; amended at 12 Ill. Reg. 19704, effective November 15, 1988;
amended at 12 Ill. Reg. 20188, effective November 23, 1988; amended at 13 Ill. Reg. 116,
effective January 1, 1989; amended at 13 Ill. Reg. 2081, effective February 3, 1989; amended at
13 Ill. Reg. 3908, effective March 10, 1989; emergency amendment at 13 Ill. Reg. 11929,
effective June 27, 1989, for a maximum of 150 days; emergency expired November 25, 1989;
emergency amendment at 13 Ill. Reg. 12137, effective July 1, 1989, for a maximum of 150 days;
amended at 13 Ill. Reg. 15404, effective October 6, 1989; emergency amendment at 13 Ill. Reg.
16586, effective October 2, 1989, for a maximum of 150 days; emergency expired March 1,
1990; amended at 13 Ill. Reg. 17483, effective October 31, 1989; amended at 13 Ill. Reg. 17838,
effective November 8, 1989; amended at 13 Ill. Reg. 18872, effective November 17, 1989;
amended at 14 Ill. Reg. 760, effective January 1, 1990; emergency amendment at 14 Ill. Reg.
1494, effective January 2, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 4233,
effective March 5, 1990; emergency amendment at 14 Ill. Reg. 5839, effective April 3, 1990, for
a maximum of 150 days; amended at 14 Ill. Reg. 6372, effective April 16, 1990; amended at 14
Ill. Reg. 7637, effective May 10, 1990; amended at 14 Ill. Reg. 10396, effective June 20, 1990;
amended at 14 Ill. Reg. 13227, effective August 6, 1990; amended at 14 Ill. Reg. 14814,
effective September 3, 1990; amended at 14 Ill. Reg. 17004, effective September 30, 1990;
emergency amendment at 15 Ill. Reg. 348, effective January 1, 1991, for a maximum of 150
days; amended at 15 Ill. Reg. 5302, effective April 1, 1991; amended at 15 Ill. Reg. 10101,
effective June 24, 1991; amended at 15 Ill. Reg. 11973, effective August 12, 1991; amended at
15 Ill. Reg. 12747, effective August 16, 1991; amended at 15 Ill. Reg. 14105, effective
September 11, 1991; amended at 15 Ill. Reg. 14240, effective September 23, 1991; amended at
16 Ill. Reg. 139, effective December 24, 1991; amended at 16 Ill. Reg. 1862, effective January
20, 1992; amended at 16 Ill. Reg. 10034, effective June 15, 1992; amended at 16 Ill. Reg. 11582,
effective July 15, 1992; amended at 16 Ill. Reg. 17290, effective November 3, 1992; amended at
17 Ill. Reg. 1102, effective January 15, 1993; amended at 17 Ill. Reg. 6827, effective April 21,
1993; amended at 17 Ill. Reg. 10402, effective June 28, 1993; amended at 18 Ill. Reg. 2051,
effective January 21, 1994; amended at 18 Ill. Reg. 5934, effective April 1, 1994; amended at 18
Ill. Reg. 8718, effective June 1, 1994; amended at 18 Ill. Reg. 11231, effective July 1, 1994;
amended at 19 Ill. Reg. 2905, effective February 27, 1995; emergency amendment at 19 Ill. Reg.
9280, effective July 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 11931,
effective August 11, 1995; amended at 19 Ill. Reg. 15079, effective October 17, 1995; amended
at 20 Ill. Reg. 5068, effective March 20, 1996; amended at 20 Ill. Reg. 15993, effective
December 9, 1996; emergency amendment at 21 Ill. Reg. 692, effective January 1, 1997, for a
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
maximum of 150 days; amended at 21 Ill. Reg. 7423, effective May 31, 1997; amended at 21 Ill.
Reg. 7748, effective June 9, 1997; amended at 21 Ill. Reg. 11555, effective August 1, 1997;
amended at 21 Ill. Reg. 13638, effective October 1, 1997; emergency amendment at 22 Ill. Reg.
1576, effective January 5, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 7003,
effective April 1, 1998; amended at 22 Ill. Reg. 8503, effective May 1, 1998; amended at 22 Ill.
Reg. 16291, effective August 28, 1998; emergency amendment at 22 Ill. Reg. 16640, effective
September 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 19875, effective
October 30, 1998; amended at 23 Ill. Reg. 2381, effective January 22, 1999; amended at 23 Ill.
Reg. 11301, effective August 27, 1999; amended at 24 Ill. Reg. 7361, effective May 1, 2000;
emergency amendment at 24 Ill. Reg. 10425, effective July 1, 2000, for a maximum of 150 days;
amended at 24 Ill. Reg. 15075, effective October 1, 2000; amended at 24 Ill. Reg. 18309,
effective December 1, 2000; amended at 25 Ill. Reg. 8783, effective July 1, 2001; emergency
amendment at 25 Ill. Reg. 10533, effective August 1, 2001, for a maximum of 150 days;
amended at 25 Ill. Reg. 16098, effective December 1, 2001; amended at 26 Ill. Reg. 409,
effective December 28, 2001; emergency amendment at 26 Ill. Reg. 8583, effective June 1, 2002,
for a maximum of 150 days; amended at 26 Ill. Reg. 9843, effective June 26, 2002; emergency
amendment at 26 Ill. Reg. 11029, effective July 1, 2002, for a maximum of 150 days; emergency
amendment at 26 Ill. Reg. 15051, effective October 1, 2002, for a maximum of 150 days;
amended at 26 Ill. Reg. 16288, effective October 25, 2002; amended at 27 Ill. Reg. 4708,
effective February 25, 2003; emergency amendment at 27 Ill. Reg. 10793, effective July 1, 2003,
for a maximum of 150 days; amended at 27 Ill. Reg. 18609, effective November 26, 2003;
amended at 28 Ill. Reg. 4701, effective March 3, 2004; amended at 28 Ill. Reg. 6139, effective
April 1, 2004; emergency amendment at 28 Ill. Reg. 6610, effective April 19, 2004, for a
maximum of 150 days; emergency amendment at 28 Ill. Reg. 7152, effective May 3, 2004, for a
maximum of 150 days; amended at 28 Ill. Reg. 11149, effective August 1, 2004; emergency
amendment at 28 Ill. Reg. 12921, effective September 1, 2004, for a maximum of 150 days;
amended at 28 Ill. Reg. 13621, effective September 28, 2004; amended at 28 Ill. Reg. 13760,
effective October 1, 2004; amended at 28 Ill. Reg. 14541, effective November 1, 2004; amended
at 29 Ill. Reg. 820, effective January 1, 2005; amended at 29 Ill. Reg. 10195, effective June 30,
2005; amended at 29 Ill. Reg. 14939, effective September 30, 2005; emergency amendment at 30
Ill. Reg. 521, effective January 1, 2006, for a maximum of 150 days; amended at 30 Ill. Reg.
10314, effective May 26, 2006; emergency amendment at 30 Ill. Reg. 15029, effective
September 1, 2006, for a maximum of 150 days; amended at 31 Ill. Reg. 2629, effective January
28, 2007; emergency amendment at 31 Ill. Reg. 7323, effective May 1, 2007, for a maximum of
150 days; amended at 31 Ill. Reg. 11667, effective August 1, 2007; amended at 31 Ill. Reg.
12756, effective August 27, 2007; emergency amendment at 31 Ill. Reg. 15854, effective
November 7, 2007, for a maximum of 150 days; emergency rule suspended at 31 Ill. Reg. 16060,
effective November 13, 2007; emergency rule repealed, effective May 10, 2008; peremptory
amendment at 32 Ill. Reg. 7212, effective April 21, 2008; peremptory amendment suspended at
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
32 Ill. Reg. 8450, effective May 20, 2008; peremptory amendment repealed under Section 5-125
of the Illinois Administrative Procedure Act, effective November 16, 2008; amended at 32 Ill.
Reg. 17428, effective November 1, 2008; peremptory amendment at 32 Ill. Reg. 18889, effective
November 18, 2008; peremptory amendment suspended at 32 Ill. Reg. 18906, effective
November 19, 2008; suspension withdrawn by the Joint Committee on Administrative Rules at
33 Ill. Reg. 6551, effective April 28, 2009; peremptory amendment repealed by emergency
rulemaking at 33 Ill. Reg. 6712, effective April 28, 2009, for a maximum of 150 days; amended
at 33 Ill. Reg. 1681, effective February 1, 2009; amended at 33 Ill. Reg. 2289, effective March 1,
2009; emergency amendment at 33 Ill. Reg. 5802, effective April 2, 2009, for a maximum of 150
days; emergency expired August 29, 2009; emergency amendment at 33 Ill. Reg. 10785,
effective June 30, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 12703, effective
September 7, 2009; amended at 33 Ill. Reg. 15707, effective November 2, 2009; amended at 33
Ill. Reg. 17070, effective December 2, 2009; amended at 34 Ill. Reg. 889, effective December
30, 2009; emergency rulemaking at 34 Ill. Reg. 13538, effective September 1, 2010, for a
maximum of 150 days; amended at 35 Ill. Reg. 379, effective December 27, 2010; amended at
35 Ill. Reg. 979, effective January 1, 2011; amended at 35 Ill. Reg. 18645, effective January 1,
2012; amended at 36 Ill. Reg. 4133, effective March 1, 2012; amended at 36 Ill. Reg. 9095,
effective June 11, 2012; emergency amendment at 36 Ill. Reg. 10253, effective July 1, 2012
through June 30, 2013; amended at 36 Ill. Reg. 17044, effective November 26, 2012; emergency
amendment at 36 Ill. Reg. 17549, effective December 3, 2012 through June 30, 2013; amended
at 37 Ill. Reg. 10208, effective June 27, 2013; emergency amendment at 37 Ill. Reg. 15976,
effective October 1, 2013, for a maximum of 150 days; emergency amendment to emergency
rule at 38 Ill. Reg. 1139, effective January 1, 2014, for a maximum of 150 days; emergency
amendment to emergency rule at 38 Ill. Reg. 2925, effective January 10, 2014, for a maximum of
150 days; emergency amendments effective January 1 and January 10, 2014 repealed by
emergency rule at 38 Ill. Reg. 7368, effective March 24, 2014, for the remainder of the 150 day
effective periods of each of the emergency rules; amended at 38 Ill. Reg. 5967, effective
February 26, 2014; emergency amendment at 38 Ill. Reg. 7650, effective March 24, 2014, for a
maximum of 150 days; emergency amendment at 38 Ill. Reg. 15646, effective July 7, 2014, for a
maximum of 150 days; amended at 38 Ill. Reg. 16214, effective July 17, 2014; amended at 38 Ill.
Reg. 18432, effective August 19, 2014; amended at 38 Ill. Reg. 23595, effective December 2,
2014; amended at 39 Ill. Reg. 4376, effective March 11, 2015; amended at 40 Ill. Reg. 2784,
effective January 20, 2016.
SUBPART B: ASSISTANCE STANDARDS
Section 120.12 Healthy Start − Medicaid Presumptive Eligibility for Pregnant Women
(Repealed)
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
The purpose of the Healthy Start − Medicaid Presumptive Eligibility (MPE) Program is to
encourage early and continuous prenatal care to low income pregnant women who otherwise
may postpone or do without such care. Presumptively eligible pregnant women shall receive
ambulatory prenatal care before completing an application for medical assistance.
a)
Eligibility: To be eligible for the Healthy Start-Medicaid Presumptive Eligibility,
effective October 1, 2013, the woman must have family income not exceeding
200% of FPL as determined pursuant to Section 120.64.
b)
Qualified providers shall make all determinations as to eligibility in the MPE
Program (42 USC 1396).
c)
The presumptive eligibility period shall be the period that:
d)
1)
begins with the date on which a qualified provider determines, on the basis
of preliminary information, that the family income does not exceed 200%
of FPL as determined pursuant to Section 120.64; and
2)
ends with (and includes) the earlier of:
A)
the day on which a determination is made with respect to the
eligibility of the woman for medical assistance under the State
Plan; or
B)
in the case of a woman who does not file an application by the last
day of the month following the month during which the provider
makes the determination, the last day.
Duties of the State Agency, Qualified Providers, and Presumptively Eligible
Pregnant Women
1)
The Department shall provide qualified providers with:
A)
such forms or information on other allowable application methods
as described in 89 Ill. Adm. Code 110.5 as are necessary for a
pregnant woman to make application for medical assistance under
the State Plan; and
B)
information on how to assist pregnant women in completing and
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
filing the forms.
2)
3)
e)
A qualified provider who determines that a pregnant woman is
presumptively eligible for medical assistance under a State Plan shall:
A)
notify the Department of the determination within 5 working days
after the date on which the determination is made;
B)
inform the woman at the time the determination is made that she is
required to make application for medical assistance under the State
Plan by no later than the last day of the month following the month
during which the determination is made; and
C)
assist the woman to apply for medical assistance.
A pregnant woman who is determined by a qualified provider to be
presumptively eligible for medical assistance under a State Plan shall
make application for medical assistance under the State Plan by no later
than the last day of the month following the month during which the
determination is made.
Ambulatory prenatal care consists of all outpatient medical care covered by the
State Plan.
(Source: Repealed at 40 Ill. Reg. 2784, effective January 20, 2016)
Section 120.14 Presumptive Eligibility for Children (Repealed)
a)
A child younger than 19 years of age may be presumed eligible for medical
assistance under this Part if all of the following apply:
1)
an application for medical benefits has been made on behalf of the child;
2)
the child is a resident of Illinois as described in Section 120.311;
3)
the child is not an inmate of a public institution as described in Section
120.318(a);
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
4)
effective October 1, 2013, the child's family's monthly income, as stated
on the application, is at or below 133% of FPL as determined pursuant to
Section 120.64;
5)
the State employee who registers the application has no information that
the child is not a U.S. citizen or a qualified non-citizen as described in
Section 120.310 or 89 Ill. Adm. Code 118.500; and
6)
the child has not been presumed eligible under this Part 120 or 89 Ill.
Adm. Code 118 or 125 within the past 12 months.
b)
Entities qualified to make a determination of presumptive eligibility include State
employees involved in enrolling children in programs under this Part 120 or 89
Ill. Adm. Code 118 or 125.
c)
The presumptive eligibility period begins on the date of application.
d)
The presumptive eligibility period ends on the date the State's determination of
the child's eligibility under this Part 120 or 89 Ill. Adm. Code 118 or 125 is
updated in the data system.
(Source: Repealed at 40 Ill. Reg. 2784, effective January 20, 2016)
SUBPART C: FINANCIAL ELIGIBILITY DETERMINATION
Section 120.66 Healthy Start − Medicaid Presumptive Eligibility for Pregnant Women
a)
The purpose of Healthy Start − Medicaid Presumptive Eligibility (MPE) for
pregnant women is to encourage early and continuous prenatal care of low income
pregnant women who otherwise may postpone or do without that care. Qualified
MPE Providers may make presumptive determinations for MPE.
b)
A pregnant woman, as defined in Section 5-2(5)(a) and (b) of the Public Aid Code
[305 ILCS 5] may be found presumptively eligible by a qualified MPE Provider
as long as she has not been previously determined presumptively eligible under
this Section or Section 120.68 during the current pregnancy.
c)
The presumptive eligibility period shall be the period that:
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
1)
begins with the date on which a qualified provider determines that the
family income does not exceed 200 percent of the Federal Poverty Level
(FPL) as determined pursuant to Section 120.64; and
2)
ends with and includes the earlier of:
A)
in the case of a woman who files an application pursuant to 89 Ill.
Adm. Code 110.10 by the last day of the month following the
month during which the qualified MPE Provider makes the
determination that she is presumptively eligible, the day on which
a determination is made by the State with respect to the eligibility
of the woman for medical assistance under the Illinois State
Medicaid Plan; or
B)
in the case of a woman who does not file an application as
described in subsection (2)(A) of this Section, the last day of the
month following the month during which the qualified MPE
Provider makes the determination that she is presumptively
eligible.
d)
Covered Services – Services covered during the presumptive eligibility period
under this Section shall include ambulatory care consisting of all outpatient
medical care covered by the Illinois State Medicaid Plan.
e)
Qualified MPE Providers are those providers that comply with all the following:
1)
Participate as a Medicaid provider under the Illinois State Medicaid Plan;
2)
Enter into and abide by the terms of the Healthy Start – Medicaid
Presumptive Eligibility Provider Agreement with the Department;
3)
Furnish services of the type provided by outpatient hospitals, rural health
clinics or freestanding, maternity clinics as described in section 1905(a)(2)
or 1905(a)(9) of the Social Security Act (42 USC 1396d); and
4)
Meet one or more of the following requirements:
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
f)
A)
Receives funding as a community or migrant health center
program (sections 330 and 330A of the Public Health Service Act
(42 USC 201 et seq.);
B)
Receives funding under Title V of the Social Security Act (42 USC
701-713);
C)
Participates in Illinois' perinatal health services program (77 Ill.
Adm. Code 640);
D)
Receives a grant under the Supplemental Nutrition Program for
Women, Infants and Children (WIC) (section 17 of the Child
Nutrition Act of 1966 (42 USC 1771));
E)
Receives a grant under the Commodity Supplemental Food
Program (section 4(a) of the Agriculture and Consumer Protection
Act of 1973 (PL 93-86)); or
F)
Is an Indian Health Service provider or a health program facility
operated by a tribe or tribal organization under the Indian SelfDetermination Act (25 USC 450).
Duties of the Department and qualified MPE Providers
1)
The Department shall:
A)
provide such forms as are necessary for a qualified MPE Provider
to submit an MPE enrollment and such forms as are necessary for a
pregnant woman to make application for medical assistance
pursuant to 89 Ill. Adm. Code 110.10;
B)
provide information on how to make MPE determinations and
assist women in completing and filing applications for medical
assistance; and
C)
process MPE enrollments as submitted by qualified MPE
Providers.
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
2)
A qualified MPE Provider who determines that a pregnant woman is
presumptively eligible for medical assistance under this Section shall:
A)
notify the Department of the determination within 5 business days
after the date on which the determination is made;
B)
inform the woman at the time the determination is made that:
C)
i)
her coverage is temporary and will end on the last day of
the month following the month in which the MPE
determination has been made;
ii)
services covered are limited to ambulatory care;
iii)
she must complete and submit an application for medical
assistance in order to be considered for full coverage; and
assist the woman to apply for medical assistance prior to the end of
her presumptive eligibility period.
(Source: Added at 40 Ill. Reg. 2784, effective January 20, 2016)
Section 120.67 Presumptive Eligibility for Children
a)
The purpose of Presumptive Eligibility for Children (CPE) is to enable timely
provision of preventive and treatment services to children.
b)
Children younger than 19 years of age, as defined in Section 5-2(6)(a) of the
Public Aid Code may be presumed eligible for medical assistance under this
Section if all of the following apply:
1)
an application has been made on behalf of the child and received by the
State;
2)
unless the federal Centers for Medicare and Medicaid Services directs the
Department otherwise, the child is not living in a jail, prison, half-way
house, or juvenile detention facility, including being on work release,
furlough or admitted for inpatient hospital treatment from such facilities;
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
3)
the State employee who registers the application has no information that
the child is not a U.S. citizen or a qualified non-citizen as described in
Section 120.310 or 89 Ill. Adm. Code 118.500; and
4)
the child has not been determined presumptively eligible within the past
12 months under this Section, Section 120.68 or 89 Ill. Adm. Code 118 or
125 within the past 12 months.
c)
The CPE period under this Section begins on the date of application and ends on
the date the State's determination of the child's eligibility under this Part or 89 Ill.
Adm. Code 118 or 125 is updated in the data system.
d)
Services covered during the CPE period under this Section shall include all
services covered for children under the Illinois State Medicaid Plan.
e)
Entities qualified to make a determination of CPE under this Section include State
employees involved in enrolling children in programs under this Part or 89 Ill.
Adm. Code 118 or 125.
(Source: Added at 40 Ill. Reg. 2784, effective January 20, 2016)
Section 120.68 Hospital Presumptive Eligibility (HPE) under the Affordable Care Act
a)
The purpose of Hospital Presumptive Eligibility (HPE) is to fulfill the mandate of
the Affordable Care Act (ACA) that requires states to permit qualified hospitals to
make presumptive determinations of eligibility for certain Medicaid eligibility
groups pursuant to 42 USC 1396a(a)(47)(B) and 42 CFR 435.1110.
b)
The following classes of persons may be found presumptively eligible by
qualified hospitals:
1)
Pregnant women (see Section 5-2(5)(a) and (b) of the Public Aid Code
(Code));
2)
Children (see Section 5-2(6)(a) of the Code);
3)
Persons who need treatment for breast or cervical cancer (see Section
5-2(12)(a) and (b) of the Code);
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NOTICE OF ADOPTED AMENDMENTS
4)
Parents or other caretaker relatives (see Section 5-2(15) of the Code
(FamilyCare));
5)
Persons age 19 or older, but younger than age 65 (see Section 5-2(18) of
the Code);
6)
Persons age 19 or older, but younger than age 26, who were formerly in
foster care in Illinois (see Section 5-2(19) of the Code).
c)
Criminal Justice Exclusions – Unless the federal Centers for Medicare and
Medicaid Services directs the Department otherwise, persons living in jails,
prisons, half-way houses, or juvenile detention facilities, including such persons
on work release, furlough or admitted for inpatient hospital treatment from such
facilities, shall not be found presumptively eligible under this Section.
d)
Presumptive Eligibility Period – The presumptive eligibility period shall be the
period that:
1)
begins with the date on which a qualified HPE Provider determines that
the individual meets the qualifications for one of the classes listed in
subsection (b); and
2)
ends with (and includes) the earlier of:
A)
the date on which a determination is made with respect to the
eligibility of the person for medical assistance under the Illinois
Medicaid State Plan;
B)
in the case of a person who does not file an application by the last
day of the month following the month during which the qualified
HPE Provider makes the determination, that last day; or
C)
the day on which a determination is made that the person:
i)
was already actively enrolled under the Illinois Medicaid
State Plan when found presumptively eligible by a qualified
HPE Provider; or
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
ii)
e)
did not qualify to be presumptively enrolled in Medicaid
under the Illinois Medicaid State Plan because he or she
had previously been so enrolled within the past 12 months
prior to the start of his or her presumptive eligibility or, if
pregnant, during the current pregnancy.
Department responsibilities under this Section shall be:
1)
making training and technical assistance available to the HPE Provider
regarding the requirements, policies and procedures of HPE;
2)
assigning a unique HPE number to each individual successfully
completing HPE training;
3)
maintaining an online HPE Provider portal through which the HPE
Provider shall submit HPE enrollments and associated applications for
ongoing health coverage;
4)
registering HPE enrollments for coverage and assigning a Recipient
Identification Number (RIN) to each individual;
5)
transmitting a notice to the HPE Provider through the online HPE Provider
portal that an HPE enrollment received from the HPE Provider has been
registered. The notice shall be in a form suitable for providing to the HPE
enrollee and shall include the RIN issued to the enrollee; and
6)
providing reports sufficient for measuring HPE Provider performance as
compared to standards established in subsection (k).
f)
An HPE Provider shall provide notice to each HPE enrollee that the individual is
registered and presumptively eligible pursuant to the terms and limitations
provided under this Section.
g)
Covered Services – Services covered during the presumptive eligibility period
under this Section shall be as follows:
1)
For pregnant women eligible under subsection (b)(1), services covered
shall be established in Section 120.66(e);
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NOTICE OF ADOPTED AMENDMENTS
2)
h)
i)
j)
For classes of persons presumptively eligible under subsections (b)(2)
through (b)(6), services covered shall include all services covered for the
class of eligible persons under which the person was enrolled for HPE.
For purposes of this Section, the term "hospital" means:
1)
Any entity meeting the definition of "hospital" as established in 89 Ill.
Adm. Code 148.25(b)(1); or
2)
A State operated mental health facility, as defined in Section 1-114.1 of
the Mental Health and Developmental Disabilities Code [405 ILCS 5].
Qualified HPE Providers are those hospitals that:
1)
participate as a provider under the Illinois State Medicaid plan;
2)
notify the Department of their election to make presumptive eligibility
determinations under 42 CFR. 435.1110;
3)
enter into and abide by the terms of the Illinois Hospital Presumptive
Eligibility Provider Agreement established by the Department;
4)
assist individuals in completing and submitting an application for medical
benefits as defined in 89 Ill. Adm. Code 110.10;
5)
agree to make presumptive eligibility determinations consistent with the
Department's rules, policies and procedures;
6)
achieve the performance standards established in subsection (k); and
7)
have not been disqualified from HPE participation pursuant to subsection
(l).
HPE Provider Limitation. Only HPE Providers that participate in the provision of
services under the Illinois Breast and Cervical Cancer Program administered by
the Illinois Department of Public Health may make HPE determinations for
persons under subsection (b)(3).
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NOTICE OF ADOPTED AMENDMENTS
k)
l)
HPE Performance Standards – To remain in good standing as a Qualified HPE
Provider, a hospital must meet all of the following performance standards in each
calendar quarter:
1)
Achieve a percentage of HPE enrollments associated with an application
for ongoing benefits during the presumptive eligibility period of at least 65
percent for calendar quarters in calendar year 2015, at least 80 percent for
calendar quarters in calendar year 2016, and at least 90 percent for
calendar quarters in calendar year 2017 and thereafter.
2)
Achieve a percentage of HPE enrollments for patients who the provider
should have known were not HPE eligible of less than 5 percent for
calendar quarters in calendar year 2015, less than 4 percent for calendar
quarters in calendar year 2016, and less than 3 percent for calendar
quarters in calendar year 2017 and thereafter.
3)
Achieve the established percentage for at least one of the following
standards with regard to HPE enrolled persons found eligible for ongoing
health benefits under the Illinois State Medicaid Plan in one of the classes
of eligible persons listed in subsection (b) when review of an application
for ongoing eligibility is completed by the State.
A)
No more than 1 standard deviation below the mean approval rate
for applications associated with HPE enrollments calculated for all
HPE Providers as a group for the calendar quarter; or
B)
At least 50 percent of the HPE Provider's own HPE enrollments for
calendar quarters in calendar year 2015, at least 70 percent for
calendar quarters in calendar year 2016, and at least 90 percent for
calendar quarters in calendar year 2017 and thereafter.
Disqualification for Failure to Meet Performance Standards – The Department
shall disqualify hospitals from participation as HPE Providers as described in this
subsection (l).
1)
HPE Providers will be provided with reports on performance on at least a
quarterly basis.
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m)
2)
An HPE Provider whose performance fails to meet an applicable
performance standard will be notified in writing by the Department.
3)
Beginning January 1, 2016, to remain in good standing, the HPE Provider
must meet all performance standards in each of the two consecutive
quarters following the quarter in which the Department provides notice of
failure to achieve a required performance standard. The Department shall
terminate the HPE Provider Agreement and issue a notice of
disqualification if the HPE Provider fails to achieve all performance
standards in either of those quarters.
4)
Any hospital disqualified as an HPE Provider may not reapply to
participate as an HPE Provider for six months following the date of notice
of disqualification. Any such hospital must submit a detailed plan of how
it will assure full compliance with the performance standards and HPE
Provider Agreement with a written request to rejoin HPE. The
Department shall have sole discretion to determine whether a disqualified
hospital may enter into a new HPE Provider Agreement.
5)
Nothing in this subsection (l) shall preclude the Department from
terminating an HPE Provider Agreement under the terms of that
agreement should an HPE Provider otherwise fail to comply with the HPE
agreement or the enrollment agreement to participate as a provider under
the Illinois State Medicaid Plan.
This Section will apply upon receipt of federal approval of the amendment to the
Illinois State Medicaid Plan to authorize Hospital Presumptive Eligibility and
upon successful deployment of the data system required to support the HPE
process outlined in this Section (Phase 2 of the Integrated Eligibility System).
(Source: Added at 40 Ill. Reg. 2784, effective January 20, 2016)
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1)
Heading of the Part: Illinois State Library Grant Programs
2)
Code Citation: 23 Ill. Adm. Code 3035
3)
Section Numbers:
3035.115
3035.125
3035.130
3035.140
3035.400
3035.410
3035.450
3035.460
3035.490
3035.640
3035.730
4)
Statutory Authority: Implementing and authorized by the Illinois Library System Act
[75 ILCS 10].
5)
Effective Date of Rules: January 22, 2016
6)
Does this rulemaking contain and automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rule, including any material incorporated by reference, is
on file and available of the Illinois State Library, Gwendolyn Brooks Building, 300
South Second Street, Springfield IL 62701-1796.
9)
Notice of Proposal Published in the Illinois Register: 39 Ill. Reg. 13148; Sept. 25, 2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Difference between Proposal and Final Version: In responses to JCAR's concerns about
submission of reports to the Illinois State Library from grantees, Section 3035.140(b) is
being amended to include reporting narrative and financial reporting requirements for
grants.
Adopted Actions:
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
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In Section 3035.130(b), examples of the types of Technology Grants were added: (e.g.
upgrading library catalogs and databases, webinar platforms, digitization of newspapers,
online catalog for talking books for the blind).
12)
Have all changes agreed upon by the Agency and JCAR been made as indicated in the
agreement letter from JCAR? Yes
13)
Will this rulemaking replace any emergency rules currently in effect? No
14)
Are there any other rulemakings pending on this Part: No
15)
A Complete Description of the Subjects and Issues Involved: The major changes in the
rulemaking deal with capital improvements to public libraries, including the following: in
Section 3035.115, public library per capita funds may be used for capital improvements;
in Section 3035.400(c), a clarification is made that public libraries with limited funds
may apply for mini-grants for construction projects; in Section 3035.410, the definition of
"Intersystem Reciprocal Borrowing" is being deleted and the term "Statewide Reciprocal
Borrowing" is being added, to agree with the term used in Section 3035.460 (g) and the
Illinois Library System Act (23 Ill. Adm. Code 3030); in Section 3035.450, the
requirement for a self-evaluation for compliance with the Americans with Disabilities
Act (ADA) since architects are required to certify projects conform with ADA, and
public libraries will be allowed to deposit grant funds in interest bearing accounts; in
Section 3035.490, the public libraries will no longer be required to submit a list of all
applicable bidding ordinances. In addition to the construction related amendments,
Section 3035.125 is being clarified so the Library Grants to Veterans' Home are subject
to the same application, reporting and appeal process as other state grants covered in Part
3035. Grant reporting requirements were standardized in the Educate &
Automation/Technology Grants (Section 3035.130(d)), Talking Book and Braille Service
(Section 3035.640(b)(3)(C)) and Library Services and Technology Grants (Section
3035.730(e)).
16)
Information and questions regarding these adopted rules shall be directed to:
Joseph Natale
Rules Coordinator
Illinois State Library
Gwendolyn Brooks Building
Springfield, IL 62701-1796
ILLINOIS REGISTER
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
217-558-4185
[email protected]
The full text of the Adopted Amendments begin on the next page:
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TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3035
ILLINOIS STATE LIBRARY GRANT PROGRAMS
SUBPART A: STATE GRANTS
Section
3035.10
3035.100
3035.105
3035.110
3035.115
3035.120
3035.125
3035.130
3035.135
3035.140
3035.150
Definitions
System Area and Per Capita Grants
Library System Technology Grants
Special Library Services to Persons with a Print Disability
Public Library Per Capita and Equalization Aid Grants
School District Library Grant Program
Library Grants for Veterans' Homes
Educate & Automate Automation/Technology Grants
Requirements, Denial and Revocation of Approval
Grants, Expenditures and Audits
Appeal Procedure
SUBPART B: LITERACY GRANT PROGRAM
Section
3035.200
3035.210
3035.220
3035.230
3035.240
3035.250
3035.260
3035.270
3035.280
3035.290
Purpose
Definitions
Application for Grant
Review of Grant Applications
Award of Grants, Accountability and Recordkeeping
Cancellation of Grant
Fiscal Procedures
Other Requirements (Repealed)
Penny Severns' Grant Program (Repealed)
Invalidity
SUBPART C: SCHOLARSHIP PROGRAM GRANTS
Section
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3035.300
3035.310
3035.320
3035.330
3035.340
3035.350
3035.360
3035.370
Purpose
Definitions
Number and Amount of Scholarship Program Grants
Illinois Library Schools and Attendance Requirements
Eligibility Requirements
Application Process
Selection of Scholarship Program Grantees
Conditions of Scholarship Program Grants
SUBPART D: LIVE AND LEARN CONSTRUCTION GRANTS
Section
3035.400
3035.410
3035.420
3035.430
3035.435
3035.440
3035.450
3035.460
3035.470
3035.480
3035.490
Purpose
Definitions
Duty to Administer
Priorities in Library Grant Construction Proposals
Grant Funding Limitations
Additional Grant Funds
Grant Application Procedure
Requirements and Conditions of Grant Funds
Remodeling for Accessibility
Shared Use Facilities
Disbursement of Grant Funds
SUBPART E: PUBLIC LIBRARY CONSTRUCTION ACT GRANTS
Section
3035.500
3035.510
3035.515
3035.520
3035.525
3035.530
3035.535
3035.540
3035.550
3035.555
3035.560
3035.565
Purpose
Definitions
Eligibility Requirements
Grant Applications
Priority of Public Library Construction Act Projects
Grant Amounts and Use
Grant Awards
Supervision of Public Library Construction Act Projects
Carry-over Projects
Referendum Requirements
Public Library Capital Needs Assessment
Public Library Site Selection
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3035.570
3035.575
3035.580
3035.585
Eligible Project Costs
General Standards and Guidelines for the Appropriate Utilization of Bond
Proceeds
Standardized Definitions and Guidelines
Limitations on Expenditures of Bond Proceeds
SUBPART F: TALKING BOOK AND BRAILLE SERVICE (TBBS)
Section
3035.600
3035.610
3035.620
3035.630
3035.640
3035.650
3035.660
Purpose
Definitions
Eligibility
Application for Service
Application for Grant
Provision of Information Transmission Services
Remittance for Information Transmission Services
SUBPART G: LIBRARY SERVICES AND TECHNOLOGY ACT GRANTS (LSTA)
Section
3035.700
3035.710
3035.720
3035.730
Purpose
Definitions
Duty to Administer
Grant Application and Awards
3035.EXHIBIT A
3035.EXHIBIT B
Differences Among the Three Types of Literacy Grant Programs
Guidelines for Rating Life Safety/Legal Issues (Repealed)
AUTHORITY: Implementing and authorized by the Illinois Library System Act [75 ILCS 10],
the State Library Act [15 ILCS 320], the Illinois Literacy Act [15 ILCS 322], the federal Library
Services and Technology Act (20 USC 9141), the Accessible Electronic Information Act [15
ILCS 323] and 36 CFR 701.10, and Section 3 of the Capital Development Bond Act of 1972 [30
ILCS 420/3].
SOURCE: Adopted at 31 Ill. Reg. 16310, effective November 20, 2007; amended at 32 Ill. Reg.
9666, effective June 23, 2008; amended at 33 Ill. Reg. 4180, effective February 27, 2009;
amended at 35 Ill. Reg. 18366, effective October 18, 2011; amended at 36 Ill. Reg. 12385,
effective July 18, 2012; amended at 37 Ill. Reg. 4348, effective March 19, 2013; amended at 37
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Ill. Reg. 18922, effective November 7, 2013; amended at 39 Ill. Reg. 5218, effective March 20,
2015; amended at 40 Ill. Reg. 2808, effective January 22, 2016.
SUBPART A: STATE GRANTS
Section 3035.115 Public Library Per Capita and Equalization Aid Grants
a)
To be eligible for a per capita grant, a public library shall show that it will either
meet or show progress toward meeting Serving Our Public 3.0: Standards for
Illinois Public Libraries (2014) (produced by the Illinois Library Association, 33
West Grand Avenue, Chicago IL 60610-4306). The material incorporated by
reference includes no later amendments or editions. A grant applicant must raise
or improve its performance levels in relation to the standards, when those levels
are below the standards, according to objectives, time frames, and priorities the
library shall state in its application for a grant, and that it shall also state are
consistent with the terms of the plan of service of the system of which it is a
member. (See Section 8.1(1) of the Act.) The applying library must be in good
standing and meet the criteria of a "full member library" or a "developmental
member library" as defined in 23 Ill. Adm. Code 3030.110.
b)
Application for annual equalization grants and per capita grants to public
libraries shall be made each year. (Section 8 of the Act) Whenever an applicant
library reports any changes in the population count for the eligible service area
population, then the applicant library shall submit with the grant application the
appropriate supporting legal documentation for the population count change. The
Illinois State Library shall validate the eligible service area population of a public
library using the latest census of population of Illinois, or a municipality or parts
of a municipality, as prepared and submitted to the Secretary of State's Index
Department by the federal government and certified by the Secretary of State in
accord with the application deadline date established by the Illinois State Library.
c)
For a public library to qualify for a per capita grant, it must be a member of a
library system and not under suspension. The application shall show that grant
funds will be used to meet or make progress in meeting Illinois library standards
cited in subsection (a).
d)
The grant may not be used for the construction of a new library or for capital
improvements to the existing library.
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de)
A public library that receives a per capita grant and or equalization aid and
contracts for service with another public library must, within 30 days after receipt
of the grant funds, remit the entire amount to the public library that provides the
service.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
Section 3035.125 Library Grants for Veterans' Homes
a)
Pursuant to Section 8.6 of the Act, this Section establishes the application
procedures for veterans' home library grants.
b)
The application shall be submitted to the Illinois State Library in a manner
prescribed by the State Librarian. The applicant shall provide the information
stipulated in Section 3035.135(d). The application shall include:The application
for annual grants to State-funded veterans' homes shall be made according to a
deadline established by the State Librarian. The administrator and librarian or
person responsible for library services at the veterans' home shall sign the
application.
1)
A statement on the proposed use of the grant for which application is
being made that shall show how grant funds will be used for library
services to residents. Grant funds are eligible to be used in support of
library services and activities, including library staffing, materials and
equipment.
2)
Other requirements established by the Illinois State Library.
c)
Illinois State Library staff will evaluate the applications, and the State Librarian
will make final funding decisions.
d)
The applicationApplications will be funded according to the amount of funding
available based on ,demonstrated need and number of residents being served.
Criteria will also include whether the plan of operation contains information about
the project goals and objectives, the methods used to achieve these goals and
objectives, and the involvement of staff in providing library service.
e)
In order for an application to be considered, the veterans' home must be providing
library services to theits residents at the time of application.
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f)
In accordance with Section 3035.140(b), the applicant shall submit reports on the
use of grant funds as required by the Illinois State LibraryThe application shall
consist of:
1)
A statement on the proposed use of the grant for which application is
being made that shall show how grant funds will be used to expand library
services to residents of the veterans' home. Grant funds are eligible to be
used for library staff, materials, equipment and library services.
2)
A report on the use of the previous year's grant, if a grant was received,
that shall show how the grant was used, and an evaluation detailing the
impact of the program.
3)
A certification stating that:
4)
A)
the grant funds will be kept in a separate account;
B)
local funding for library service will not diminish as a result of the
program;
C)
the library will submit semiannual financial and programmatic
reports to the Illinois State Library, on January 31 and July 31 of
each year, covering the use of the funds.
Other requirements established by the Illinois State Library.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
Section 3035.130 Educate & Automate Automation/Technology Grants
a)
Competitive Grantsgrants
1)
Application for purchases of equipment and services that support library
development and technological advancement (see Section 8.5 of the Act)
in libraries shall be made prior to July 1. Applicants shall use the forms
prepared and made available by the State Librarian for this purpose.
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2)
Criteria will include whether the project plan contains information about
the project goals and objectives, the methods used to achieve these goals
and objectives, the number of people to be served, and whether the
proposed budget is reasonable in view of the proposed goals.
3)
The number of grants to be awarded is at the discretion of the State
Librarian.
4)
Applicants must meet requirements designated by the State Library for
public access to electronic information and technology.
b)
Direct expenditures by the State Librarian may be made to support library
development and technological advancement in libraries (e.g., upgrading library
catalogs and databases, webinar platforms, digitization of newspapers, online
catalog for talking books for the blind) (see Section 8.5 of the Act).
c)
Funding awarded under subsections (a) and (b) of this Section may be used for
any or all of the following purposes:
1)
Telecommunications costs for electronic networks for ILLINET libraries
and library systems;
2)
Computer hardware and software for ILLINET libraries and library
systems;
3)
Access to electronic information by the general public through ILLINET
libraries;
4)
Converting special collections and rare materials in ILLINET libraries into
digital format, making them accessible by computer to students,
researchers and the general public;.
5)
Library organizations are eligible for Educate & Automate
Automation/Technology Grants for purposes stipulated in this subsection
(c). Library organizations must draw their membership from librarians or
various types of libraries as defined in Section23 Ill. Adm. Code 3035.10.
Their headquarters must be within the State of Illinois. Their mission must
have the charge for promotion, provision, development and improvement
of libraries and library services, and be based in Illinois.
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d)
e)
The applicant shall submit reports, in accordance with Section 3035.140(b), on the
use of grant funds as required by the Illinois State Library.The following reports
and records will be completed and transmitted to the Illinois State Library:
1)
Quarterly financial reports due December 31, April 15 and July 15
showing expenditures made from grant funds by line item.
2)
Quarterly narrative reports due December 31, April 15 and July 15 stating
the progress of the project; accomplishments to date; problems
encountered; objectives met and unmet; changes implemented; and
percentage of completion of the project to date.
3)
Final financial report and final narrative report due September 15
evaluating the degree to which the grantee achieved the goals and
objectives of the project.
Grants made under this Section are subject to the provisions of the Illinois Grant
Funds Recovery Act [30 ILCS 705]. If a provision of this Subpart conflicts with a
provision of the Illinois Grant Funds Recovery Act, then the provision of the
Illinois Grant Funds Recovery Act controls.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
Section 3035. 140 Grants, Expenditures and Audits
a)
The Illinois State Library staff shall review grant applications. Additional
qualified reviewers may be selected by the Director of the Illinois State Library as
needed. If a grant reviewer has an application in competition or a conflict of
interest during a review cycle, that grant reviewer shall not serve on the related
review committee during that cycle. The decision of the State Librarian is final.
b)
The Illinois State Library will notify the submitting agency when the application
is approved for contractual purposes. As stipulated by the grant agreement, the
following reports will be completed and transmitted to the Illinois State Library:
1)
Quarterly narrative and financial reports showing expenditures made from
grant funds by line item.
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2)
Final narrative and financial reports evaluating the degree to which the
grantee achieved the goals and objectives of the project.
c)
Changes in the project budget of over 10 percent of the grant award shall have
prior approval in writing from the Illinois State Library. Recipients of the Public
Library Per Capita and Equalization Aid Grants, the School Per Capita Grant,
Live and Learn Construction Grant and Public Library Construction Grant shall
follow the requirements in Sections 3035.115, 3035.120, 3035.450(b)(2)(H) and
3035.540(h), respectively.
d)
Failure to spend funds in accordance with the application or approved amendment
and the reporting procedures stipulated in this Part shall result in ineligibility for
future grants for a period of one year.
e)
All State funded grantees receiving grants under Subparts A, B, D, E, F and G at a
combined cumulative total of $175,000 or more in Secretary of State grant awards
in the same fiscal year shall submit an agency-wide audit upon completion of the
grant activity.
f)
1)
All governmental unit audits shall comply with Government Auditing
Standards: December 2011 Revision, published by the Comptroller
General of the United States, Government Accountability Office, 441 G.
Street, NW, Washington DC 20548. No later amendments to these
standards are incorporated in this Section.
2)
All not-for-profit agency audits will comply with Not-for-Profit Entities
AICPA Audit and Accounting Guide: March 2012, published by the
American Institute of Certified Public Accountants, 1211 Avenue of the
Americas, New York NY 10036. No later amendments to these standards
are incorporated in this Section.
The Illinois State Library may request additional information and data from any
governmental unit, not-for-profit agency, public corporation or other entity
submitting a grant application.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
SUBPART D: LIVE AND LEARN CONSTRUCTION GRANTS
Section 3035.400 Purpose
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To establish a program of matching State grants to aid in paying for the construction costs of
public libraries and facilities for library systems within Illinois. Local money, except as
provided in subsection (c), will be matched by State grants based on the category of grant as
follows:
a)
Remodeling for Accessibility. Special projects in whichwhere 70% to- 100% of
total project funds are to be used specifically for remodeling an existing building
as outlined in Section 3035.470. The State's share shall be a maximum of 50% of
the project's total cost, subject to the restrictions in Section 3035.435(c).
b)
Projects involving new construction, additions to and/or remodeling of existing
buildings, conversion of buildings not currently used for library services, energy
conservation projects, security systems, technology wiring and renovation
projects, including projects involving shared use of public facilities. The State's
share shall be a maximum of 50% of the project's total cost, subject to the
restrictions in Section 3035.435(c). For shared use public facilities, the costs
allocated to the public library portion of the building are the only costs eligible for
reimbursement under this grant program, as stipulated in Section 3035.480.
c)
Mini-grants. These projects include, but are not limited to, new carpeting, new
furnishings, remodeling, energy conservation, security systems, technology
wiring and interior or exterior painting. Public libraries with limited
fundsLibraries receiving mini-grants must address legal requirements for making
the building accessible to persons with disabilities. There is no local match
required for mini-grants.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
Section 3035.410 Definitions
For the purposes of this Subpart:
"Act" means the Illinois Library System Act [75 ILCS 10].
"Application round" means the period in which applications for grants are
available to prospective applicants and completed applications are reviewed and
grants awarded as indicated in Section 3035.400.
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"Appropriation" means the amount of funds actually approved by the General
Assembly for a particular fiscal year and allocated to fund the construction grant
program under Section 8 of the Illinois Library System Act.
"Audit" means a report of financial compliance of a construction grant project by
a certified public accountant.
"Construction" includes, but is not limited to:
The construction of new public library and library systems buildings.
The acquisition, expansion, remodeling and/or alteration of existing
buildings.
The purchase of initial equipment for new buildings or existing buildings
that are being expanded, remodeled or altered under this grant.
The demolition of existing structures on the project site and/or
preparations and improvements of the site, including excavation.
Architect's fees and the cost of the site if acquired in the last 2 years.
Any combination of these activities.
"Conversion" means converting a building currently not used as a library into a
public library facility.
"Equipment" includes machinery, utilities and built-in equipment and any
necessary enclosures or structures to house them, and all other items necessary for
the functioning of a particular facility as a library or as a library system facility.
By way of illustration, "equipment" includes fixtures, furnishings and carpeting.
Shelving is acceptable in new construction, within new building additions or for
accessibility projects. "Equipment" does not include, for example, books,
periodicals, films, recordings, computers, computer equipment, projection
equipment or wireless Internet components.
"Facility plan" means a narrative report describing the project, with the following
components:
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Examine the present and future public library facility needs required by
present and anticipated public library programming. Library buildings are
to be planned for 20 year population projection (for new construction,
conversions and additions to buildings).
A site analysis, space needs assessment and project design as specified in
Section 3035.450(b)(1)(G).
How the library facility will provide access for persons with disabilities, as
required in the Illinois Capital Development Board's Illinois Accessibility
Code (71 Ill. Adm. Code 400), and will display the symbol of
accessibility.
"Intersystem reciprocal borrowing" means reciprocal borrowing transactions
involving a lending library and a patron registered as a borrower at a library in
another system.
"Library" means a tax-supported public library that is a full member of an Illinois
Library System. "Library" also means a main library facility and its branches.
"Library building consultant" refers to an individual, chosen by the applicant
library, with a Master's degree in library science from a library school accredited
by the American Library Association with prior experience in at least one library
construction project. An architect licensed to practice in Illinois or a structural or
other type of engineer, depending on the scope of work, licensed to practice in
Illinois, with prior experience in at least one library construction project, may also
be a library building consultant. The architect or engineer may be retained for
other services by the applicant library.
"Library system" means an organization defined at Section 2 of the Library
System Act.
"Local matching funds" means general funds, securities, general revenue bonds,
tax levies, mortgages and locally generated monies that are immediately available
upon application or award. Local matching funds do not include any pledges as
defined in this Section; any funds from the State of Illinois or the federal
government; any funds from collateralized pledges; or a pending referendum to
authorize funds for the construction project.
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"Mini-grants" means projects to enable public libraries with limited funds, as
defined in this Section, to remodel or refurbish the library.
"Pledge" means a non-collateralized offer or guarantee in writing of a specified
dollar amount as part of the local matching funds for a construction project that is
not immediately available upon application or award.
"Political unit" refers to the local governing authority.
"Public libraries with limited funds" refers to public libraries that would have
received an income of less than $15 per capita in the preceding fiscal year by
using a formula in which the library's equalized assessed valuation is multiplied
by .13% and divided by the population of the library's service area.
"Security system" means an electronic system designed to protect the library
property, facility and contents and individuals on the premises.
"Shared use facility" means a building occupied by a public library and a school
or another entity that is open to the public and complements the concept of public
library service.
"State fiscal year" means the period from July 1 through June 30.
"State Librarian" means the Illinois Secretary of State.
"Statewide Reciprocal Borrowing" means the right of a person who holds a valid,
in-good-standing library registration card from a full member public library to
borrow materials onsite from other participating full member public libraries of
any other Illinois library system under the same conditions that the library
provides those materials to its patrons, subject to reasonable restrictions approved
by the library's governing board in accordance with requirements of the reciprocal
borrowing policy of the library system of which the public library is a member.
"Technology wiring" means the installation of wiring to allow for the
transmission of electronic data.
"Total project cost" means the combination of the local funds and any State or
federal grant funds to be expended on the project.
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(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
Section 3035.450 Grant Application Procedure
The following application procedures shall apply:
a)
The Illinois State Library shall issue application forms for library construction
grants under this program.
b)
Applying libraries and library systems shall submit a signed, completed current
library construction grant application, together with the following documents or
written assurances, to be eligible for library construction grants. To be eligible for
a Live and Learn Grant, theThe applicant shall provide:
1)
Application Phase
A)
The To be eligible for a Live and Learn construction grant,
assurances contained in this Section, as listed in the Construction
Grant Application Form.
B)
A statement describing the necessity for the proposed project.
C)
A statement of plans to meet existing library standards of service,
Serving Our Public 3.0: Standards for Illinois Public Libraries
(2014), incorporated by reference in Section 3035.115. This
subsection (b)(1)(C) shall not apply to library systems.
D)
A description of the project's potential contribution to the
improvement of library services within the library's area of service
and in any other portions of the State.
E)
A facility plan. For projects with a total cost of over $150,000, a
library building consultant may work with the library in
developing the facility plan. The library board shall select a
building consultant in accordance with the Illinois Local Library
Act [75 ILCS 5/4-7] and the Illinois Library District Act [75 ILCS
16/30-55.40].
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F)
For projects with a total cost equal to or greater than $75,000,
assurance that an architect or engineer licensed to practice in
Illinois is being utilized.
G)
Project design, with a site plan, outline of specifications and an
estimated cost per square foot.
H)
A letter from the Illinois Historic Preservation Agency evidencing
compliance with the Illinois State Agency Historic Resources
Preservation Act [20 ILCS 3420].
I)
For new construction, additions and projects involving evacuation
of soil:
J)
i)
Documentation stating whether the project site is located in
a Special Flood Hazard Area found at the Illinois State
Water Survey's Illinois Floodplain Map website
(http://www.illinoisfloodmaps.org/). If the project site is
located in a Special Flood Hazard Area, the applicant shall
submit an assurance letter from the Division of Water
Resources of the Department of Natural Resources stating
that the project meets the requirements of Executive Order
2006-5 regarding flood damages.
ii)
A subsurface soil analysis by a soils engineer.
iii)
A site assessment by a licensed environmental/hazardous
materials consultant to determine the existence of asbestos,
and/or lead paint or any toxic substance. This assurance
does not apply to new buildings unless demolition of
existing buildings (other than residences) has occurred or is
necessary.
Assurance that the real estate affected by the proposed construction
is available to the library or library system, as is the legal
description of the affected real estate. A deed of ownership or
proof of long-term occupancy (20-year minimum) shall be
provided, except for mini-grants. The applicant shall provided
assurance that the building will remain in use as a public library or
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NOTICE OF ADOPTED AMENDMENTS
library system facility for not less than 20 years after its
construction unless other use is approved by the Director of the
Illinois State Library.
2)
K)
An Americans With Disabilities Act Self-Evaluation, except for
new construction projects.
KL)
Other funds designated for construction that are immediately
available to the library upon application. Funds may include a
mortgage commitment letter from a financial institution licensed
by a state or the federal government. Assurances from the
applicant that a referendum is pending or various fundraising
activities will be undertaken in the future, with the amount to be
raised remaining uncertain, shall not be counted as part of the local
matching funds for the purposes of Section 3035.400.
Construction Phase
A)
An assurance that the grantee library will expend 100% of
Secretary of State library construction grant funds within 12
months after the execution of the grant agreement. If the grantee
fails to submit a final report, or an audit, if applicable, within 24
months after the execution of the contract, the grant shall be
forfeited unless an extension is granted by the Director of the
Illinois State Library.
B)
An assurance that the construction work will be performed under
the lump sum (fixed price) contract method.
C)
An assurance that the library will publicly announce all
requirements for architectural, engineering and land surveying
services and procure these services on the basis of demonstrated
competence and qualifications and negotiate contracts at fair and
reasonable prices, in accordance with the Illinois Local Library Act
[75 ILCS 5/5-5] and the Illinois Library District Act [75 ILCS
16/40-45].
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D)
Architectural, engineering and land surveying contracts made in
accordance with the Local Government Professional Services
Selection Act [50 ILCS 510].
E)
An assurance that adequate methods of obtaining competitive
bidding will be employed prior to awarding the construction
contract by public advertising in a newspaper of general circulation
in the area, and the award of the contract will be made to the
responsible bidder submitting the lowest acceptable bid, in
accordance with the Illinois Local Library Act and the Illinois
Library District Act. A copy of the advertisement, with
verification of the date of publication and name of the newspaper,
shall be submitted to the Illinois State Library within 10 days after
publication.
F)
An assurance that all laborers and mechanics employed by the
contractor or subcontractors on all construction projects will be
paid wages at rates not less than those prevailing on similar
construction in the locality, as determined by the Illinois
Department of Labor in accordance with the Prevailing Wage Act
[820 ILCS 130].
G)
An assurance that a copy of the building permit will be supplied to
the Illinois State Library prior to the actual construction and that
the permit will be posted in a prominent place on the construction
site.
H)
An assurance that any change in the Plans and Specifications
requiring a work change order will be submitted to the Illinois
State Library. All change orders shall be subject to the Illinois
Public Works Contract Change Order Act [50 ILCS 525]. The
Illinois State Library shall be notified of and approve or deny any
change orders of $20,000 or more and the modification of any
public areas of the grantee library from the proposed original plans
of the approved grant application. The change order will be
accompanied by a letter approved by the library board stating that
there is no adverse impact on library services. Change orders do
not affect the grant award amount.
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I)
An assurance that contractors and subcontractors will comply with
all applicable provisions of the Illinois Human Rights Act [775
ILCS 5] and all federal and State laws, rules and regulations that
prohibit discrimination because of race, color, religion, sex, marital
status, national origin, ancestry, age and physical or mental
handicap.
J)
Construction contracts signed by both the library board (or library
system board) and contractors that is, or is comparable to, the
Standard Form of Agreement Between Owner & Contractor A101-2007, published by the American Institute of Architecture,
1735 New York Ave., NW, Washington DC 20006-5292. No later
amendments to this form are incorporated in this Section.
Contracts are to be submitted to the Illinois State Library prior to
the start of construction; also, all subcontractors are to perform
work in accordance with the conditions and standards contained in
the contracts signed by the board and the Illinois State Library.
The Illinois State Library shall have the right to disapprove any
contracts between the library board or library system board and
contractors if:
i)
The bidding procedure outlined in subsection (b)(2)(E) was
not followed.
ii)
The conditions and standards specified in the contract
between the Illinois State Library and the library board are
not incorporated into the contracts between the library
board or library system board and the contractors.
K)
An assurance that a sign will be displayed on the construction site
stating that State funds administered by the State Librarian are
being used for the construction and that a plaque will be placed in
the completed building stating that State funds administered by the
State Librarian were used for the projectbuilding's construction.
L)
An assurance that construction will not begin until a contract is
executed with the State Librarian.
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M)
An assurance that construction will commence within 140 days
after the effective date of the grant contract, according to Section
3035.435(f).
N)
An assurance that any agent authorized by the Illinois State
Library, upon presentation of credentials and in accordance with
the constitutional limitation on administrative searches, will have
full access to, and the right to examine, any records, books, papers
or documents of the grantee involving transactions related to the
grant.
O)
An assurance that the following reports and records will be
completed and transmitted to the Illinois State Library: quarterly
narrative and financial reports; notification within 15 days after
completion of the project; a close-out report that is a final financial
and narrative report within 24 months after the execution of the
contract, unless an extension is granted by the Director of the
Illinois State Library; and other reports and documents, such as
prevailing wage rates and receipts to verify vouchers, as
reasonably may be required by the State Library. The final
financial report shall be signed by the president of the library's
board of directors.
i)
Financial reports shall show: the amount of authorized
State and local funds; interest earned on grant funds;
expenditures made from grant funds and from interest
earned on grant funds; obligated funds, by amount of line
item remaining compared to the original budget.
ii)
Narrative reports shall state: the progress of the project;
accomplishments to date; problems encountered; objectives
met and unmet; changes implemented; and the percentage
of completion of the project to date.
iii)
The final narrativeclose-out report shall evaluate the degree
to which the grantee achieved the goals and objectives of
the project. The final narrativeclose-out report shall
include a project audit according to Section 3035.140(e).
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iv)
For a project that requires an architect or engineer, the
architect or engineer shall certify to the Illinois State
Library when the project reaches the 50% and 100% stage
of completion.
P)
An assurance that, when construction is complete, sufficient funds
will be available for effective operation and maintenance of the
facilities, in accordance with applicable federal, State and local
requirements.
Q)
An assurance that the library will establish a separate account for
construction grant funds with a federally or Illinois regulated
financial institution that is insured by the Federal Deposit
Insurance Corporation.
QR)
An assurance that any interest earned on the grant funds will be
expended, without limitation or exception, exclusively on the
subject construction project.
c)
Some of the documentation and written assurances may be waived in the
application, upon approval of the Illinois State Library, except that subsections
(b)(2)(F) and (b)(2)(I) will not be waived.
d)
Applications will be considered in accordance with Section 3035.420(c).
e)
Grant applications are subject to the conditions stipulated in Section 3035.135.
f)
Grant monies awarded are based on the amount specified in the original budget in
the grant application; grant awards will not be increased because of subsequent
increases in project costs.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
Section 3035.460 Requirements and Conditions of Grant Funds
a)
Building Construction Plans
1)
Library buildings are to be planned for 20 year population projection (for
new construction, conversions and additions to buildings).
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2)
A library building consultant may work with the library in developing and
implementing the public library facilities plan. The library board shall
select a building consultant in accordance with the Illinois Local Library
Act [75 ILCS 5/4-7] and the Illinois Library District Act [75 ILCS 16/3055.40].
3)
An architect and/or engineer licensed to practice in Illinois shall be
retained by the grantee throughout the design and construction if the total
cost of the project is equal to or greater than $75,000.
4)
The library must meet the eligibility criteria to qualify for per capita grants
provided in Section 8.1 of the Illinois Library System Act, and must have
submitted applications for, and have been awarded, those grants for three
previous fiscal years. This subsection (a)(4) shall not apply to library
systems.
5)
The library or library system facility shall provide access for persons with
disabilities as required in the Illinois Capital Development Board's Illinois
Accessibility Code (71 Ill. Adm. Code 400) and shall display the symbol
of accessibility.
b)
No grant shall be awarded to any public library or regional library system unless
the building and the property is owned fee simple by the municipality, library
district or library system, as applicable, or proof of long term (20 year) occupancy
exists. The State Librarian may grant an exception for any property or building
owned in fee simple by a non-profit community organization that is incorporated
in Illinois, has federal Internal Revenue Service 501(c)(3) status and has a charter
specifying that the ownership of the property or building shall revert to the public
library upon the dissolution of the organization. No such exception shall be
granted for a regional library system.
c)
A letter of certification from the project architect or engineer, stating that the
drawings represent the project as presented with the grant application, must be
submitted to the Illinois State Library for approval prior to going out to bid.
d)
All contracts for library construction shall be awarded to the lowest qualified
bidder on the basis of open competitive bidding; however, if one or more items of
construction are covered by an established alternative procedure used by a unit of
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local government and approved by the Illinois State Library as designed to assure
construction in an economical manner consistent with sound business practices,
the alternative procedure may be followed, to the extent consistent with State
statutes and local ordinances.
e)
The library board shall establish and maintain records and accounts as will permit
accurate and expeditious audits at any time before, during and after completion of
construction. The records shall be retained for not less than the time provided for
by the Local Records Act [50 ILCS 205].
f)
The library board shall comply with all applicable provisions in local bidding
ordinances.
g)
The library must permit statewideintersystem reciprocal borrowing.
h)
Grants made under this Section are subject to the provisions of the Illinois Grant
Funds Recovery Act [30 ILCS 705]. If a provision of this Subpart conflicts with a
provision of the Illinois Grant Funds Recovery Act, then the provision of the
Illinois Grant Funds Recovery Act controls.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
Section 3035.490 Disbursement of Grant Funds
a)
For grants under this Subpart, the State Library shall make a lump sum payment
upon the signing of the grant contract with the Secretary of State.
b)
Throughout the course of the project, the grantee shall submit the following:
1)
A copy of all applicable local bidding ordinances;
12)
A revised project budget after bids have been accepted;
23)
A revised construction schedule after bids have been accepted;
34)
A copy of the building permit issued by the appropriate corporate
authority;
45)
Copies of each contract signed, including:
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c)
A)
general contractor;
B)
prime contractor;
C)
any contracts for which separate bids were advertised and received
(e.g., carpeting, equipment);
D)
subcontractors (if contracts are to be signed later, copies can be
sent as signed but prior to the start of the subcontractor's work);
56)
Notification of the erection on the construction site of a sign stating that
library construction funds administered by the Secretary of State are being
used for the projectconstruction;
67)
Quarterly narrative and financial reports to date;
78)
Letter of notification as to the official date of actual construction start.
Construction should begin within 140 days after the effective date of the
contract with the Illinois State Library, according to Section 3035.435(f);
and
89)
Submission of any projected project expenditure changes, including
identification in detail of how the grant is to be spent.
Upon completion of the project, the grantee shall submit for approval the final
narrative and financialclose-out reports and audit to the Illinois State Library as
specified in Section 3035.450(b)(2)(OP).
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
SUBPART F: TALKING BOOK AND BRAILLE SERVICE (TBBS)
Section 3035.640 Application for Grant
a)
The geographic boundaries of a TBC, AOC and MSLA shall be those boundaries
approved by the State Librarian. In setting TBC, AOC and MSLA boundaries,
the State Librarian shall place primary importance on the statewide implication of
resource sharing, the efficient use of public funds, the impact on affected eligible
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NOTICE OF ADOPTED AMENDMENTS
patrons, and the impact on services provided by the affected TBC, AOC and
MSLA.
b)
To qualify for an annual grant as a TBC, AOC or MSLA, the applicant entity
shall be jointly designated by the Illinois State Library and the Library of
Congress National Library Service for the Blind and Physically Handicapped to
serve as a TBC, AOC or MSLA. An annual contract with the State Library shall
be executed that specifies the objectives and budget for the service. The
applicants shall provide the information stipulated in Section 3035.135(d). The
application shall also contain:
1)
A statement on the proposed use of the grant for which application is
being made that shall show how grant funds will be used to expand TBC,
AOC and MSLA services to eligible patrons. Grant funds may be used for
staff, materials, equipment and services.
2)
A report on the use of the previous year's grant, if a grant was received,
that shall show how the grant was used and an evaluation detailing the
impact of the program.
3)
A certification stating that:
A)
the grant funds will be kept in a separate account;
B)
local funding for library service will not diminish as a result of the
program;
C)
the library shall submit reports, in accordance with Section
3035.140(b), on the use of grant funds as required by the Illinois
State Librarywill submit quarterly financial and programmatic
reports to the Illinois State Library on October 30, January 30,
April 30 and July 30 of each year covering the use of the funds.
c)
Funds allocated for statewide services under this program are awarded in the form
of grants to units of government that are exempt from the Illinois Procurement
Code.
d)
The State Library will maintain an updated list of TBCs, AOCs and MSLAs on its
Web site.
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(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
SUBPART G: LIBRARY SERVICES AND TECHNOLOGY ACT GRANTS (LSTA)
Section 3035.730 Grant Application and Awards
a)
Applications shall be submitted to the Illinois State Library in a manner
prescribed by the State Librarian. Applicants shall provide the information
stipulated in Section 3035.135(d).
b)
The Illinois State Library shall award grants subject to the conditions stipulated in
Sections 3035.135 and 3035.140, 2 CFR 215 (2004) and OMB Circular A-102
(1997).
c)
Awards shall be made on or after July 1 of every year for the fiscal year then
commencing.
d)
The grant period shall be contained within the fiscal year in which the grant is
awarded, unless otherwise specified in the grant agreement, but in no event shall
the grant period continue for more than 3 years.
e)
The applicant shall submit reports, in accordance with Section 3035.140(b), on
the use of grant funds as required by the Illinois State Library.
fe)
Obligations of the Illinois State Library to fund this grant program will cease
immediately without penalty or further payment being required if the Institute of
Museum and Library Services or the United States Congress fails to appropriate
or otherwise make available sufficient funds. Award notification will be released
upon legislative and gubernatorial approval of an appropriation.
(Source: Amended at 40 Ill. Reg. 2808, effective January 22, 2016)
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1)
Heading of the Part: Established Political Party and Independent Candidate Nominating
Petitions
2)
Code Citation: 26 Ill. Adm. Code 201
3)
Section Number:
201.40
4)
Statutory Authority: Sections 1A-8 (9), 5/7-12 and 5/8-9 and 5/10-6.2 of the Illinois
Election Code [10 ILCS 5/1 et seq]
5)
Effective Date of Rule: January 25, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rule, including any material incorporated by reference, is on file in
the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 12485; September 11,
2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposal and Final Version: In Section 201.40 restore the
subsection label "d)" and restore "No nominating petitions will be accepted after 5:00
p.m.". Various technical changes were made throughout the entire rulemaking.
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? Yes
13)
Will this rulemaking replace any emergency rule currently in effect? No
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: This rulemaking makes provision for ballot
placement lotteries for established party and independent candidate petitions filed within
the last hour of the filing period, as required under PA 97-1044 and PA 98-115.
Adopted Action:
Amendment
ILLINOIS REGISTER
STATE BOARD OF ELECTIONS
NOTICE OF ADOPTED AMENDMENT
16)
Information and questions regarding this adopted rule shall be directed to:
Kenneth R. Menzel
General Counsel
State Board of Elections
2329 S. MacArthur Blvd.
Springfield IL 62704
217/782-0608
The full text of the Adopted Amendment begins on the next page:
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TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 201
ESTABLISHED POLITICAL PARTY AND
INDEPENDENT CANDIDATE NOMINATING PETITIONS
Section
201.10
201.20
201.30
201.40
Filing Times at the Office of the State Board of Elections
Determination of Nominating Petition's Official Time of Filing
Filing Times for Objections and Withdrawals
Simultaneous Filings for the Same Office – Lottery
AUTHORITY: Implementing Articles 7, 8 and 10 of the Election Code [10 ILCS 5/Arts. 7, 8
and 10] and authorized by Section 1A-8(9) of the Election Code [10 ILCS 5/1A-8(9)].
SOURCE: Adopted at 2 Ill. Reg. 25, p. 70, effective July 3, 1978; amended at 5 Ill. Reg. 14140,
effective December 4, 1981; codified at 6 Ill. Reg. 7213; emergency amendment at 8 Ill. Reg.
24311, effective November 29, 1984, for a maximum of 150 days; amended at 30 Ill. Reg. 6343,
effective April 3, 2006; amended at 40 Ill. Reg. 2836, effective January 25, 2016.
Section 201.40 Simultaneous Filings for the Same Office – Lottery
Simultaneous filings of candidate nominating petitions for the same office occur only at 8:00
a.m. on the first day of filing, and in the last hour of filing on the last day of filing. The lottery
system to be used by the State Board of Elections, the election authority, or the local election
official to break ties resulting from such simultaneous filings must be approved by the State
Board of Elections. The following system has been so approved:
a)
The names of all candidates who filed simultaneously for the same office shall be
listed alphabetically and shall be numbered consecutively commencing with the
number one, which shall be assigned to the candidate whose name is listed first on
the alphabetical list; provided, however, that candidates filing a group petition for
the same office shall be treated as one in the alphabetical listing using the name of
the first candidate for thatsuch office to appear on the petitions as the name to be
included in the alphabetical list. For example, if five candidates by the name of
Downs, Brown, Edwards, Cook and Adams have filed simultaneously, they will
be arranged alphabetically and assigned numbers as follows: Adams, one;
Brown, two; Cook, three; Downs, four; and Edwards, five. However, if Cook and
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Adams filed a group petition and Cook's name appeared first on the petition, then
the candidates would be arranged as follows: Brown, one; Cook and Adams, two;
Downs, three; and Edwards, four.
b)
All ties will be broken by a single drawing. A number shall be placed in a
container representing each number assigned to each candidate and group of
candidates pursuant to the alphabetical listing procedure set forth in
subsectionparagraph (a) above. For example, if the largest number to be used for
any office is five, then numbers one, two, three, four and five will be placed in a
container. In this manner, sufficient numbers will be placed in the container to
conduct a drawing for all offices at the same time.
c)
After the numbers are placed in the container they shall be drawn one at a time
from the container after they have been thoroughly shaken and mixed. The
candidate or group of candidates in the position on an alphabetical list
corresponding to the first number drawn shall be certified ahead of the other
candidates listed on the alphabetical list. The candidate or group of candidates in
the position on the alphabetical list corresponding to the second number drawn
will be certified second, and so forth until all numbers have been drawn. For
example, whenwhere no group petitions were filed, if candidates Adams, Brown,
Cook, Downs and Edwards filed simultaneously at 8:00 a.m. on the first day of
filing, and the number three is the first drawn, then candidate Cook, who is listed
in the third position on the alphabetical list, shall be certified first on the ballot. If
the number one is drawn second, then candidate Adams, who is listed in the first
position on the alphabetical list, shall be certified second on the ballot, . . . and so
on. For offices for whichwhere group petitions were filed, using the example set
forth in this subsection (c) in whichabove where candidates Cook and Adams file
a group petition for the same office, and Cook's name appears first on the petition,
and number three is drawn first, then candidate Downs would be listed first. If
the number two is drawn second, then candidates Cook and Adams would be
certified second and third, respectively. If the number four is drawn third, then
candidate Edwards would be certified fourth, . . . and so on. In districts with
fewer names on the alphabetical list than are in the drawing, then all numbers in
excess of the number of candidates or group of candidates that appear on the
particular alphabetical list shall be disregarded. Thus, if five numbers are placed
in the container, and only four candidates or groups of candidates are on a
particular list, then the number five shall be disregarded. For example, if
candidates Adams and Cook, filing separate petitions, are the only candidates
listed on the alphabetical list and five numbers are chosen in the following order,
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NOTICE OF ADOPTED AMENDMENT
3, 5, 4, 2 and 1, then candidate Cook's name will appear in the certification prior
to the name of candidate Adams. For simultaneous petitions filed in the last hour
on the last day of filing, the drawing shall operate in the same manner as outlined
in this Section, except that the candidate associated with the first drawn number
shall be certified last on the ballot, the candidate associated with the second drawn
number shall be certified second to last on the ballot, and so on until all numbers
are drawn.
d)
If at 5:00 p.m. on the last day for filing, two or more nominating petitions for the
same office are presented, they shall be deemed filed in the order of actual receipt.
Ballot position shall be assigned consecutively to these petitions with the first
petition received placed upon the ballot before the second set of petitions received
and so on. No nominating petitions will be accepted after 5:00 p.m.
e)
All candidates shall be certified in the order in which petitions have been filed
with the State Board of Elections, election authority or the local election official.
In cases in whichwhere candidates have filed simultaneously, they shall be
certified (in the order determined by the lottery procedure outlined in this
Sectionabove) prior to candidates who filed for the same office who filed their
petitions at a later time, except in those situations in whichwhere the law requires
rotation on a district-by-district basis.
(Source: Amended at 40 Ill. Reg. 2836, effective January 25, 2016)
ILLINOIS REGISTER
2841
16
STATE BOARD OF ELECTIONS
NOTICE OF ADOPTED AMENDMENT
1)
Heading of the Part: New Political Party Nominating Petitions
2)
Code Citation: 26 Ill. Adm. Code 202
3)
Section Number:
202.40
4)
Statutory Authority: Sections 1A-8 (9) and 5/10-6.2 of the Illinois Election Code [10
ILCS 5/1 et seq]
5)
Effective Date of Rule: January 25, 2016
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rule, including any material incorporated by reference, is on file in
the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 12490; September 11,
2015
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposal and Final Version: In Section 202.40 c), delete the
semicolon and add ". No nominating petitions will be accepted after 5 p.m.;"
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? Yes
13)
Will this rulemaking replace any emergency rule currently in effect? No
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: This rulemaking makes provision for ballot
placement lotteries for new party petitions filed within the last hour of the filing period,
as required under PA 98-115.
16)
Information and questions regarding this adopted rule shall be directed to:
Adopted Action:
Amendment
ILLINOIS REGISTER
STATE BOARD OF ELECTIONS
NOTICE OF ADOPTED AMENDMENT
Kenneth R. Menzel
General Counsel
State Board of Elections
2329 S. MacArthur Blvd.
Springfield IL 62704
217/782-0608
The full text of the Adopted Amendment begins on the next page:
2842
16
ILLINOIS REGISTER
2843
16
STATE BOARD OF ELECTIONS
NOTICE OF ADOPTED AMENDMENT
TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 202
NEW POLITICAL PARTY NOMINATING PETITIONS
Section
202.10
202.20
202.30
202.40
202.50
Filing Times at the Office of the State Board of Elections
Determination of Nominating Petition's Official Time of Filing
Filing Times for Objections and Withdrawals
Simultaneous Filings for the Same Office – Lottery
Nominating Petitions Filed with County Clerks
AUTHORITY: Implementing Article 10 of the Election Code [10 ILCS 5/Art. 10] and
authorized by Section 1A-8(9) of the Election Code [10 ILCS 5/1A-8(9)].
SOURCE: Adopted at 2 Ill. Reg. 25, p. 70, effective July 3, 1978; amended at 5 Ill. Reg. 14144,
effective December 4, 1981; codified at 6 Ill. Reg. 7214; amended at 30 Ill. Reg. 6347, effective
April 3, 2006; amended at 40 Ill. Reg. 2841, effective January 25, 2016.
Section 202.40 Simultaneous Filings for the Same Office –- Lottery
Simultaneous filings of new political party petitions for full slates of candidates occur only at
8:00 a.m. on the first day of filing and in the last hour of filing on the last day of filing. The
lottery system to be used by the State Board of Elections, the election authority, or the local
election official to break ties resulting from such simultaneous filings must be approved by the
State Board of Elections. The following system has been so approved:
a)
New political party petitions received shall be classified according to the political
subdivision to which they relate. Within each classification, petitions filed
simultaneously shall be numbered consecutively commencing with the number
one;
b)
All ties in new political party filings shall be broken by a single drawing. A
number shall be placed in a container representing each number assigned to the
new political party petitions. For example, if five petitions are filed
simultaneously, then five numbers, one, two, three, four and five shall be placed
in the container;
ILLINOIS REGISTER
2844
16
STATE BOARD OF ELECTIONS
NOTICE OF ADOPTED AMENDMENT
c)
After the numbers are placed in the container, they shall be drawn one at a time
from the container after being thoroughly shaken and mixed. With respect to
simultaneous filings at 8:00 a.m. on the first day of filing, theThe new political
party petition corresponding to the first number drawn shall be certified first and
so forth until all numbers are drawn. With respect to simultaneous filings in the
last hour of the last day of filing, the new political party petition corresponding to
the first number drawn shall be certified last and so forth until all numbers are
drawn.; No nominating petitions will be accepted after 5 p.m.;
d)
All new political parties shall be certified after the established political parties in
the order in which petitions have been filed or with regard to simultaneous filings,
in the order determined by the lottery procedure hereinabove outlined in this
Section.
(Source: Amended at 40 Ill. Reg. 2841, effective January 25, 2016)
ILLINOIS REGISTER
2845
16
JOINT COMMITTEE ON ADMINISTRATIVE RULES
STRATTON OFFICE BUILDING
ROOM C-1
SPRINGFIELD, ILLINOIS
FEBRUARY 16, 2016
10:30 A.M.
NOTICE: It is the policy of the Committee to allow only representatives of State agencies to
testify orally on any rule under consideration at Committee hearings. If members of the public
wish to express their views with respect to a proposed rule, they should submit written comments
to the Office of the Joint Committee on Administrative Rules at the following address:
Joint Committee on Administrative Rules
700 Stratton Office Building
Springfield, Illinois 62706
RULEMAKINGS SCHEDULED FOR JCAR REVIEW
The following rulemakings are scheduled for review at this meeting. JCAR staff may be proposing
action with respect to some of these rulemakings. JCAR members may have questions concerning,
and may initiate action with respect to, any item scheduled for JCAR review and any other issues
within the Committee's purview.
PROPOSED RULEMAKINGS
Chief Procurement Office for the Department of Transportation
44-6-15-15040 MR
1.
Chief Procurement Officer for the Department of Transportation – Contract Procurement
(44 Ill. Adm. Code 6)
-First Notice Published: 39 Ill. Reg. 15040 – 11/20/15
-Expiration of Second Notice: 3/5/16
Commerce Commission
83-465-15-06134 JE
2.
Net Metering (83 Ill. Adm. Code 465)
-First Notice Published: 39 Ill. Reg. 6134 – 5/8/15
-Expiration of Second Notice: 3/6/16
ILLINOIS REGISTER
2846
16
Education
23-1-15-14480 LB
3.
Public Schools Evaluation, Recognition and Supervision (23 Ill. Adm. Code 1)
-First Notice Published: 39 Ill. Reg. 14480 – 11/6/15
-Expiration of Second Notice: 2/19/16
23-25-15-13933 LB
4.
Educator Licensure (23 Ill. Adm. Code 25)
-First Notice Published: 39 Ill. Reg. 13933 – 10/23/15
-Expiration of Second Notice: 2/19/16
23-425-15-14491 LB
5.
Voluntary Registration and Recognition of Nonpublic Schools (23 Ill. Adm. Code 425)
-First Notice Published: 39 Ill. Reg. 14491 – 11/6/15
-Expiration of Second Notice: 2/19/16
23-525-15-14502 LB
6.
Regional Offices of Education and Intermediate Services (23 Ill. Adm. Code 525)
-First Notice Published: 39 Ill. Reg. 14502 – 11/6/15
-Expiration of Second Notice: 2/19/16
Environmental Protection Agency
35-365-15-13131 JE
7.
Procedures for Issuing Loans From the Water Pollution Control Loan Program (35 Ill.
Adm. Code 365)
-First Notice Published: 39 Ill. Reg. 13131 – 9/25/15
-Expiration of Second Notice: 2/26/16
Financial and Professional Regulation
68-1245-15-14775 LB
8.
Dietetic and Nutrition Services Practice Act (68 Ill. Adm. Code 1245)
-First Notice Published: 39 Ill. Reg. 14775 – 11/13/15
-Expiration of Second Notice: 3/6/16
68-1420-15-13889 LB
9.
Illinois Public Accounting Act (68 Ill. Adm. Code 1420)
-First Notice Published: 39 Ill. Reg. 13889 – 10/23/15
-Expiration of Second Notice: 3/6/16
ILLINOIS REGISTER
2847
16
68-1430-15-13345 LB
10.
Public Accounting Act (Professional Conduct) (Repealer) (68 Ill. Adm. Code 1430)
-First Notice Published: 39 Ill. Reg. 13345 – 10/9/15
-Expiration of Second Notice: 3/6/16
Human Services
59-145-15-09704 EMS
11.
Permanent Suppportive Housing & Bridge Subsidy Model for Persons with Mental
Illnesses (59 Ill. Adm. Code 145)
-First Notice Published: 39 Ill. Reg. 9704 – 7/17/15
-Expiration of Second Notice: 2/24/16
77-2080-15-14212 EMS
12.
Electronic Prescription Monitoring Program (77 Ill. Adm. Code 2080)
-First Notice Published: 39 Ill. Reg. 14212 – 11/6/15
-Expiration of Second Notice: 2/27/16
Insurance
50-1710-15-14822 MR
13.
Selection of Senior Management (50 Ill. Adm. Code 1710)
-First Notice Published: 39 Ill. Reg. 14822 – 11/13/15
-Expiration of Second Notice: 3/6/16
Natural Resources
17-1590-15-14116 BT
14.
Falconry and the Captive Propagation of Raptors (17 Ill. Adm. Code 1590)
-First Notice Published: 39 Ill. Reg. 14116 – 10/30/15
-Expiration of Second Notice: 2/11/16
Revenue
86-130-15-11865 ES
15.
Retailers' Occupation Tax (86 Ill. Adm. Code 130)
-First Notice Published: 39 Ill. Reg. 11865 – 8/28/15
-Expiration of Second Notice: 3/3/16
EMERGENCY RULEMAKINGS
ILLINOIS REGISTER
2848
16
Commerce Commision
83-725-16-00961 JE
16.
Standards of Service Applicable to 9-1-1 Emergency Systems (83 Ill. Adm. Code 725)
-First Notice Published: 40 Ill. Reg. 961 – 1/15/16
83-726-16-01021 JE
17.
Requirements for Businesses with Private Business Switch Service to Comply with the
Emergency Telephone System Act (Repealer) (83 Ill. Adm. Code 726)
-First Notice Published: 40 Ill. Reg. 1021 – 1/15/16
83-727-16-01037 JE
18.
Requirements for Non-Business Entities with Private Business Switch Service to Comply
with the Emergency Telephone System Act (Repealer) (83 Ill. Adm. Code 727)
-First Notice Published: 40 Ill. Reg. 1037 – 1/15/16
83-728-16-01053 JE
19.
Standards of Service Applicable to Wireless 9-1-1 Emergency Systems (Repealer) (83 Ill.
Adm. Code 728)
-First Notice Published: 40 Ill. Reg. 1053 – 1/15/16
83-729-16-01074 JE
20.
Administration of Funds Created by the Wireless Emergency Telephone Safety Act
(Repealer) (83 Ill. Adm. Code 729)
-First Notice Published: 40 Ill. Reg. 1074 – 1/15/16
State Police
83-1324-16-01099 BT
21.
Consolidate of 9-1-1 Emergency Systems (83 Ill. Adm. Code 1324)
-First Notice Published: 40 Ill. Reg. 1099 – 1/15/16
83-1325-16-01118 BT
22.
Standards of Service Applicable to 9-1-1 Emergency Systems (83 Ill. Adm. Code 1325)
-First Notice Published: 40 Ill. Reg. 1118 – 1/15/16
83-1326-16-01153 BT
23.
Requirements for Private Business Switch Service to Comply with the Emergency
Telephone System Act (83 Ill. Adm. Code 1326)
-First Notice Published: 40 Ill. Reg. 1153 – 1/15/16
83-1327-16-01169 BT
ILLINOIS REGISTER
24.
2849
16
9-1-1 Emergency Systems Consolidation Grants (83 Ill. Adm. Code 1327)
-First Notice Published: 40 Ill. Reg. 1169 – 1/15/16
83-1328-16-01181 BT
25.
Standards of Service Applicable to Wireless 9-1-1 Emergency Systems (83 Ill. Adm.
Code 1328)
-First Notice Published: 40 Ill. Reg. 1181 – 1/15/16
83-1329-16-01193 BT
26.
Adminstration of the Statewide 9-1-1 Fund (83 Ill. Adm. Code 1329)
-First Notice Published: 40 Ill. Reg. 1193 – 1/15/16
INTERNAL RULEMAKING
Secretary of State
14-130-16-00391 LB
27.
Regulations Under Illinois Securities Law of 1953 (14 Ill. Adm. Code 130)
-First Notice Published: 40 Ill. Reg. 391 – 1/8/16
AGENCY RESPONSES
Children and Family Services
89-300-15-00001 AC
28.
Reports of Child Abuse and Neglect (89 Ill. Adm. Code 300)
-First Notice Published: 39 Ill. Reg. 1 – 1/2/15
-Response: Agreement
89-301-15-00019 AC
29.
Placement and Visitation Services (89 Ill. Adm. Code 301)
-First Notice Published: 39 Ill. Reg. 19 – 1/2/15
-Response: Agreement
89-302-15-00047 AC
30.
Services Delivered by the Department of Children and Family Services (89 Ill. Adm.
Code 302)
-First Notice Published: 39 Ill. Reg. 47 – 1/2/15
-Response: Agreement
89-304-15-00062 AC
ILLINOIS REGISTER
31.
2850
16
Access to and Eligibility for Child Welfare Services (89 Ill. Adm. Code 304)
-First Notice Published: 39 Ill. Reg. 62 – 1/2/15
-Response: Agreement
89-309-15-00074 AC
32.
Adoption Services for Children for Whom the Department of Children and Family
Services is Legally Responsible (89 Ill. Adm. Code 309)
-First Notice Published: 39 Ill. Reg. 74 – 1/2/15
-Response: Agreement
89-315-15-00098 AC
33.
Permanency Planning (89 Ill. Adm. Code 315)
-First Notice Published: 39 Ill. Reg. 98 – 1/2/15
-Response: Agreement
89-316-15-00123 AC
34.
Administrative Case Reviews and Court Hearings (89 Ill. Adm. Code 316)
-First Notice Published: 39 Ill. Reg. 123 – 1/2/15
-Response: Agreement
89-328-15-00137 AC
35.
Interstate Placement of Children (89 Ill. Adm. Code 328)
-First Notice Published: 39 Ill. Reg. 137 – 1/2/15
-Response: Agreement
89-337-15-00143 AC
36.
Service Appeal Process (89 Ill. Adm. Code 337)
-First Notice Published: 39 Ill. Reg. 143 – 1/2/15
-Response: Agreement
89-338-15-00153 AC
37.
Appeal of Foster Family Home License Denials by Relative Caregivers (89 Ill. Adm.
Code 338)
-First Notice Published: 39 Ill. Reg. 153 – 1/2/15
-Response: Agreement
89-359-15-00159 AC
38.
Authorized Child Care Payments (89 Ill. Adm. Code 359)
-First Notice Published: 39 Ill. Reg. 159 – 1/2/15
-Response: Agreement
89-402-15-00165 AC
ILLINOIS REGISTER
39.
2851
16
Reports of Child Abuse and Neglect (89 Ill. Adm. Code 402)
-First Notice Published: 39 Ill. Reg. 165 – 1/2/15
-Response: Agreement
Public Health
77-775-14-18346 AC
40.
Grade A Pasteurized Milk and Milk Products (77 Ill. Adm. Code 775)
-First Notice Published: 38 Ill. Reg. 18346 – 9/5/14
-Response: Agreement
Teachers' Retirement System
80-1650-15-08243 MR
41.
The Administration and Operation of the Teachers' Retirement System (80 Ill. Adm.
Code 1650)
-First Notice Published: 39 Ill. Reg. 8243 – 1/2/15
-Response: Agreement
ILLINOIS REGISTER
2852
16
JOINT COMMITTEE ON ADMINISTRATIVE RULES
ILLINOIS GENERAL ASSEMBLY
SECOND NOTICES RECEIVED
The following second notices were received during the period of January 20, 2016 through
January 25, 2016. The rulemakings are scheduled for review at the Committee's February 16,
2016 meeting. Other items not contained in this published list may also be considered. Members
of the public wishing to express their views with respect to a rulemaking should submit written
comments to the Committee at the following address: Joint Committee on Administrative Rules,
700 Stratton Bldg., Springfield IL 62706.
Second
Notice
Expires
Agency and Rule
Start
of First
Notice
JCAR
Meeting
3/3/16
Department of Revenue, Retailers' Occupation
Tax (86 Ill. Adm. Code 130)
8/28/15
39 Ill.
Reg.11865
2/16/16
3/5/16
Chief Procurement Officer for the Department
of Transportation, Chief Procurement Officer
for the Department of Transportation-Contract
Procurement (44 Ill. Adm. Code 6)
11/20/15
39 Ill.
Reg.15040
2/16/16
3/6/16
Department of Insurance, Selection of Senior
Management (50 Ill. Adm. Code 1710)
11/13/15
39 Ill.
Reg.14822
2/16/16
3/6/16
Illinois Commerce Commission, Net Metering
(83 Ill. Adm. Code 465)
5/8/15
39 Ill.
Reg.6134
2/16/16
3/6/16
Department of Financial and Professional
Regulation, Dietetic and Nutrition Services
Practice Act (68 Ill. Adm. Code 1245)
11/13/15
39 Ill.
Reg.14775
2/16/16
3/6/16
Department of Financial and Professional
Regulation, Illinois Public Accounting Act (68
Ill. Adm. Code 1420)
10/23/15
39 Ill.
Reg.13889
2/16/16
3/6/16
Department of Financial and Professional
Regulation, Public Accounting Act
10/9/15
2/16/16
ILLINOIS REGISTER
(Professional Conduct) (Repealer) (68 Ill. Adm.
Code 1430)
2853
16
39 Ill.
Reg.13345
ILLINOIS REGISTER
2854
16
EXECUTIVE ORDERS
2016-1
EXECUTIVE ORDER CONSOLIDATING
MULTIPLE INFORMATION TECHNOLOGY FUNCTIONS INTO A SINGLE
DEPARTMENT OF INNOVATION AND TECHNOLOGY
WHEREAS, although the State of Illinois devotes significant resources to its information
technology systems – ranking Illinois among the top five states nationally by technology
expenditures – the State is considered among the bottom quartile of states nationally in
digitization and other metrics of technological advancement; and
WHEREAS, much of the State’s technology spending is wasted; most agencies are responsible
for managing their own technologies and technology personnel, resulting in thousands of
redundant and non-interoperable systems; and the State continues to use outdated systems (in
some cases, dating to 1974) that are more costly to maintain; and
WHEREAS, these thousands of systems are vulnerable to cyberattack, placing private
information about State employees and their dependents, consumers of State services, taxpayers,
and the residents and businesses of Illinois at risk to hackers, terrorists, and criminals; and
WHEREAS, the State previously recognized and attempted to confront this problem: in 2003,
the General Assembly authorized the Department of Central Management Services ("CMS") to
direct the transfer and centralization of information technology functions from State agencies
under the jurisdiction of the Governor to CMS; and
WHEREAS, under that authority, CMS consolidated some, but not all, information technology
functions into its Bureau of Communications and Computer Services, but the results have been
disappointing: many agencies continue to maintain their own infrastructure; almost all agencies
continue to support their own software and application development; more than 70% of
technology spending remains outside of CMS; and agencies in aggregate employ twice as many
information technology personnel outside of CMS (approximately 1,200) as are employed by
CMS (approximately 500); and
WHEREAS, although consolidation was not completed, it remains the best way to transform our
information technology functions; to protect State data from cyberattack and breaches and to
ensure compliance with data protection laws; to consolidate State technology resources, develop
statewide enterprise solutions, leverage the State’s buying power, and avoid inefficiencies; to
reduce costs and provide better value for our investment; and to provide State agencies with
state-of-the-art technology and ensure interoperability of systems and data across State agencies,
enabling those agencies to provide better service to taxpayers, residents, businesses, and
consumers and providers of State services; and
ILLINOIS REGISTER
2855
16
EXECUTIVE ORDERS
WHEREAS, consolidation and transformation of the State’s information technology functions
will be accomplished most effectively through an agency independent of CMS, in particular
because: information technology is too large to be a bureau of another agency; the State’s
information technology headcount exceeds the combined headcount for all other functions
performed by CMS; CMS is focused on other important administrative reforms; and the State
must be nimble and flexible in order to meet the needs of its agencies and to provide timely, upto-date technology services; and
WHEREAS, twenty-nine other states, as well as many local governments including the City of
Chicago, have centralized responsibility for information technology functions within a single
agency; and
WHEREAS, consolidation and transformation of the State’s information technology functions
will carry out the purposes of the 2003 legislation, now codified at 20 ILCS 405/405-410;
THEREFORE, I, Bruce Rauner, Governor of Illinois, by virtue of the executive authority
vested in me by Section 11 of Article V of the Constitution of the State of Illinois, do hereby
order as follows:
I.
DEFINITIONS
As used in this Executive Order:
"BCCS" means the CMS Bureau of Communications and Computer Services, also known as the
Bureau of Information and Communication Services, created by 2 IAC 750.40, or its successor
bureau within CMS.
"Client agency" means each transferring agency or its successor and each other public agency to
which DoIT provides service.
"CMS" means the Department of Central Management Services.
"DoIT" means the Department of Innovation and Technology.
"Information technology" means technology, infrastructure, equipment, systems, software,
networks, and processes used to create, send, receive, and store electronic or digital information,
including without limitation both computer systems and telecommunication systems. The term
"information technology" shall be construed broadly to incorporate future technologies (such as
sensors) that change or supplant those in effect as of the effective date of this Executive Order.
"Information technology functions" means the development, procurement, installation, retention,
maintenance, operation, possession, storage, and related functions of all information technology.
ILLINOIS REGISTER
2856
16
EXECUTIVE ORDERS
"Information Technology Office" means the Information Technology Office, also known as of
the Office of the Chief Information Officer, an office within the Office of the Governor, created
by Executive Order 1999-05, or its successor office.
"Legacy IT division" means any division, bureau, or other unit of a transferring agency which
has responsibility for information technology functions for the agency prior to the transfer of
such functions to DoIT, including without limitation BCCS.
"Retained functions" means, with respect to a legacy IT division, non-information technology
functions for which the legacy IT division is responsible, which are not transferred to DoIT.
"Secretary" means the Secretary of Innovation and Technology.
"Transferring agency" means each agency, authority, board, bureau, commission, council,
department, division, instrumentality, office, or unit of the Executive Branch of State
government which is directly responsible to the Governor and is transferring functions,
employees, property, or funds to DoIT pursuant to this Executive Order.
II.
CREATION OF DEPARTMENT OF INNOVATION AND TECHNOLOGY
The Information Technology Office, also known as the Office of the Chief Information Officer,
is hereby reconstituted as a new principal department of the Executive Branch of State
government, directly responsible to the Governor, called the Department of Innovation and
Technology ("DoIT"). BCCS shall be consolidated into DoIT as of July 1, 2016.
The head officer of DoIT shall be known as the Secretary of Innovation and Technology
("Secretary"). The Secretary shall be the chief information officer for the State and the steward
of State data, with respect to those agencies under the jurisdiction of the Governor. The Secretary
shall be appointed by the Governor, with the advice and consent of the Senate. DoIT may
employ or retain other persons to assist in the discharge of its functions, subject to the Personnel
Code. DoIT shall be subject to all of the general laws applicable to Executive Branch agencies.
The mission of DoIT is to deliver best-in-class innovation and technology to client agencies to
foster collaboration among client agencies, to empower client agencies to provide better service
to residents of Illinois, and to maximize the value of taxpayer resources. DoIT shall be
responsible for the information technology functions on behalf of client agencies.
DoIT shall develop and implement data security and interoperability policies and procedures that
ensure the security and interoperability of State data, including in particular data that are
confidential, sensitive, or protected from disclosure by privacy or other laws, while recognizing
and balancing the need for collaboration and public transparency. DoIT shall ensure compliance
ILLINOIS REGISTER
2857
16
EXECUTIVE ORDERS
with applicable federal and State laws pertaining to information technology, data, and records of
DoIT and the client agencies, including without limitation the Freedom of Information Act (5
ILCS 140/1 et seq.), the State Records Act (5 ILCS 160/1 et seq.), the Personal Information
Protection Act (815 ILCS 530/1 et seq.), the federal Health Insurance Portability and
Accountability Act (HIPAA), the federal Health Information Technology for Economic and
Clinical Health Act (HITECH Act), and the federal Gramm-Leach-Bliley Act.
DoIT may establish, through the Secretary, charges for services rendered by DoIT to client
agencies for which funds are provided directly to the client agency. In establishing charges, the
Secretary shall consult with client agencies, ensure that charges are transparent and clear, and
minimize or avoid charges for costs for which DoIT has other funding sources available.
Following the transfer of information technology functions to DoIT pursuant to Section IV of
this Executive Order, client agencies shall continue to apply for and otherwise seek federal funds
and other capital and operational resources for technology for which the agencies are eligible
and, subject to compliance with applicable laws, regulations, and grant terms, make those funds
available for use by DoIT. DoIT shall assist client agencies in identifying funding opportunities
and, if funds are used by DoIT, ensuring compliance with all applicable laws, regulations, and
grant terms.
DoIT and each client agency continue to have whatever authority is provided to them pursuant to
the Intergovernmental Cooperation Act and other applicable law to enter into interagency
contracts. To the extent permitted by law, DoIT may enter into such contracts to use personnel
and other resources that are retained by transferring agencies or other public agencies, to provide
services to public agencies within the State in addition to transferring agencies, and for other
appropriate purposes to accomplish DoIT’s mission.
III.
TRANSITION
Beginning on the effective date of this Executive Order, DoIT and the transferring agencies shall
work cooperatively to prepare for the transfer of functions, employees, property, and funds
pursuant to Section IV of this Executive Order, and to carry out other actions required to give
effect to such transfers, as of July 1, 2016. The transferring agencies shall provide DoIT with
access to personnel and other resources necessary to accomplish such transition. During the
transition period:
1.
Under the direction of the Governor, the Secretary, in consultation with the transferring
agencies and labor organizations representing the affected employees, shall identify each
position and employee who is engaged in the performance of functions transferred to
DoIT, or engaged in the administration of a law the administration of which is transferred
to DoIT, to be transferred to DoIT pursuant to Section IV(1) of this Executive Order. An
ILLINOIS REGISTER
2858
16
EXECUTIVE ORDERS
employee engaged primarily in providing administrative support to a legacy IT division
or information technology personnel may be considered engaged in the performance of
functions transferred to DoIT. The Secretary shall ensure compliance with all applicable
provisions of the Personnel Code and collective bargaining agreements, including
providing any notices required thereunder within the applicable time periods.
2.
Under the direction of the Governor, the Secretary, in consultation with the transferring
agencies, shall identify personnel records, documents, books, correspondence, and other
property, both real and personal, affected by the reorganization to be transferred to DoIT
pursuant to Section IV(2) of this Executive Order. Such property may include contracts
pertaining to the functions transferred to DoIT.
3.
Under the direction of the Governor, the Director of the Governor’s Office of
Management and Budget, in consultation with the Secretary and the transferring
agencies, shall identify the unexpended balances of both Fiscal Year 2016 and Fiscal
Year 2017 appropriations and other funds, or the relevant portions thereof, to be
transferred to DoIT pursuant to Section IV(3) of this Executive Order.
IV.
TRANSFER OF FUNCTIONS
As of July 1, 2016, the responsibility for information technology functions shall be transferred
from each transferring agency to DoIT. These functions derive from the statutes set out on
Exhibit A to this Executive Order. In connection with such transfer, as of July 1, 2016:
1.
Each position and employee who is engaged in the performance of functions transferred
to DoIT, or engaged in the administration of a law the administration of which is
transferred to DoIT (as identified pursuant to Section III of this Executive Order), and the
employee in each such position, shall be transferred to DoIT, pursuant to the provisions
of any applicable collective bargaining agreement. The status and rights of any such
employee, the State, and its agencies under the Personnel Code shall not be affected by
this reorganization.
2.
All personnel records, documents, books, correspondence, and other property, both real
and personal, affected by the reorganization (as identified pursuant to Section III of this
Executive Order) shall be delivered and transferred to DoIT or to the State Archives.
3.
The unexpended balances of Fiscal Year 2016 and Fiscal Year 2017 appropriations and
other funds available for use by a transferring agency in connection with the functions
transferred to DoIT or the relevant portions thereof (as identified pursuant to Section III
of this Executive Order and deemed necessary by the Governor) shall be transferred to
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DoIT and expended for the purposes for which the appropriations or other funds were
originally made or given to the transferring agency.
4.
With respect to each transferring agency, this reorganization shall not affect (i) the
composition of any multi-member board, commission, or authority, (ii) the manner in
which any official of the agency is appointed, (iii) whether the nomination or
appointment of any official of the agency is subject to the advice and consent of the
Senate, (iv) any eligibility or qualification requirements pertaining to service as an
official of the agency, or (v) the service or term of any incumbent official serving as of
the effective date of this Executive Order.
5.
Whenever any provision of any previous Executive Order or any Act provides for
membership on any board, commission, authority, or other entity by a representative or
designee of a transferring agency with responsibility for the functions transferred to
DoIT, the Secretary, in consultation with the head of the transferring agency, shall
designate the same number of representatives or designees of DoIT or the transferring
agency, as appropriate.
V.
LEGACY INFORMATION TECHNOLOGY DIVISIONS
Some transferring agencies have dedicated divisions, bureaus, or other units within the agency
that are responsible for information technology functions ("legacy IT divisions"). The purpose of
this Section V is to provide for the winding up of those legacy IT divisions.
a.
Legacy IT Divisions with No Retained Functions
A legacy IT division that is responsible for only information technology functions will have no
retained functions after the transfer of those functions to DoIT. In that circumstance, (i) the
functions, employees, property, and funds of the legacy IT division shall be transferred to DoIT
pursuant to Section IV of this Executive Order, and (ii) the head of the transferring agency shall
abolish the legacy IT division as soon as practicable after July 1, 2016.
b.
Legacy IT Divisions with Retained Functions
A legacy IT division that is responsible for both information technology functions and noninformation technology functions will continue to be responsible for those non-information
technology functions ("retained functions") after the transfer of information technology functions
to DoIT. In that circumstance, (i) the information technology functions, employees, property, and
funds of the legacy IT division shall be transferred to DoIT pursuant to Section IV of this
Executive Order, and (ii) the transferring agency shall continue to be responsible for the retained
functions, and the head of the transferring agency shall consolidate the legacy IT division into
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another unit of the transferring agency or shall reconstitute the legacy IT division as a noninformation technology unit of the transferring agency, as determined by the head of the
transferring agency, as soon as practicable after July 1, 2016.
If a legacy IT division has retained functions, employees, property, or funds which are not
transferred to DoIT, then:
1.
Each employee of the legacy IT division who is not transferred to DoIT shall continue to
be employed by the transferring agency in a unit determined by the head of that agency.
The status and rights of any such employee, the State, and its agencies under the
Personnel Code shall not be affected by this reorganization.
2.
All personnel records, documents, books, correspondence, and other property, both real
and personal, of the legacy IT division in any way pertaining to the retained functions
shall continue to be possessed by the transferring agency, within a unit determined by the
head of the transferring agency.
3.
The unexpended balances of appropriations and other funds available for use by a legacy
IT division in connection with the retained functions shall be maintained by the
transferring agency and expended for the purposes for which the appropriations or other
funds were originally made or given.
4.
With respect to each legacy IT division and transferring agency, this reorganization shall
not affect (i) the composition of any multi-member board, commission, or authority, (ii)
the manner in which any official of the agency is appointed, (iii) whether the nomination
or appointment of any official of the agency is subject to the advice and consent of the
Senate, (iv) any eligibility or qualification requirements pertaining to service as an
official of the agency, or (v) the service or term of any incumbent official serving as of
the effective date of this Executive Order.
5.
Whenever any provision of any previous Executive Order or any Act provides for
membership on any board, commission, authority, or other entity by a representative or
designee of a legacy IT division with responsibility for retained functions, the head of the
transferring agency shall designate the same number of representatives or designees of
the transferring agency, as appropriate.
VI.
INCONSISTENT ACTS; SPECIAL FUNDS
From the effective date of this reorganization, and as long as such reorganization remains in
effect, the operation of any prior act of the General Assembly inconsistent with this
reorganization is suspended to the extent of the inconsistency. In particular, but without
limitation:
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1.
As of July 1, 2016, the information technology functions transferred from the transferring
agencies to DoIT shall be the responsibility of DoIT, notwithstanding any statute that
provides in particular that such function shall be carried out by CMS or a transferring
agency (including without limitation 20 ILCS 405/405-10, 405-20, 405-250, 405-255,
405-260, 405-265, and 405-270).
2.
As of July 1, 2016, the authority of CMS to expend funds of the Statistical Services
Revolving Fund (a special fund of the State established pursuant to 30 ILCS 105/5.55,
6p-1, and 8.16a) and the Communications Revolving Fund (a special fund of the State
established pursuant to 30 ILCS 105/5.12, 6p-2, and 8.16b), or the successor funds, shall
be transferred to DoIT; and the authority of the Director of CMS to approve any contract
or obligation incurred for any expenditure from either such special fund shall be
transferred to the Secretary.
VII.
REPORT TO THE GENERAL ASSEMBLY
DoIT shall provide a report to the General Assembly not later than December 31, 2016 and
annually thereafter for three years, that includes data on the economies effected by the
reorganization and an analysis of the effect of the reorganization on State government. The
report shall also include the DoIT’s recommendations for further legislation relating to
reorganization.
A copy of such report shall be filed with the Speaker, the Minority Leader, and the Clerk of the
House of Representatives; the President, the Minority Leader, and the Secretary of the Senate;
the Legislative Research Unit; and the State Government Report Distribution Center for the
General Assembly.
VIII. SAVINGS CLAUSE
1.
The rights, powers, duties, and functions transferred to the DoIT by this Executive Order
shall be vested in, and shall be exercised by, DoIT. Each act done in exercise of such
rights, powers, duties, and functions shall have the same legal affect as if done by the
agency from which they were transferred. Every person shall be subject to the same
obligations and duties and to the associated penalties, if any, and shall have the same
rights arising from the exercise of these obligations and duties as if exercised subject to
that agency or the officers and employees of that agency.
2.
This Executive Order shall not affect any act undertaken, ratified or cancelled or any
right occurring or established or any action or proceeding commenced in an
administrative, civil, or criminal case before this Executive Order takes effect, but these
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actions or proceedings may be prosecuted and continued by the successor agency in
cooperation with another agency, if necessary.
3.
This Executive Order shall not affect the legality of any rules in the Illinois
Administrative Code that are in force on the effective date of this Executive Order, which
rules have been duly adopted by the pertinent agencies. Any rules, regulations, and other
agency actions affected by the reorganization shall continue in effect and be transferred
together with the transfer of functions. If necessary, however, the affected agencies shall
propose, adopt, or repeal rules, rule amendments, and rule recodifications as appropriate
to effectuate this Executive Order. These rule modifications shall coincide with, if
applicable, the transfer of functions to DoIT.
4.
Whenever reports or notices are now required to be made or given or paper or documents
furnished or served by any person in regard to the functions transferred from an agency to
DoIT pursuant to this Executive Order, the same shall be made, given, furnished, or
served in the same manner to or upon DoIT.
5.
This Executive Order does not contravene, and shall not be construed to contravene, any
federal law, State statute (except as provided in Section VI of this Executive Order), or
collective bargaining agreement.
IX.
PRIOR EXECUTIVE ORDERS
This Executive Order supersedes any contrary provision of any other prior Executive Order,
including without limitation Executive Order 1999-05.
X.
SEVERABILITY CLAUSE
If any part of this Executive Order is found invalid by a court of competent jurisdiction, the
remaining provisions shall remain in full force and effect. The provisions of this Executive Order
are severable.
XI.
FILINGS
This Executive Order shall be filed with Secretary of State. A copy of this Executive Order shall
be delivered to the Secretary of the Senate and to the Clerk of the House of Representatives and,
for the purpose of preparing a revisory bill, to the Legislative Reference Bureau.
XII.
EFFECTIVE DATE
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Provided that neither house of the General Assembly disapproves of this Executive Order by the
record vote of a majority of the members elected, this Executive Order shall take effect 60 days
after its delivery to the General Assembly.
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EXHIBIT A
TO EXECUTIVE ORDER 2016-01
Transferring Agency
Statutes from Which Information Technology
Functions Derive
Statutes generally applicable to all or multiple
agencies:
5 ILCS 140/1 et seq.
5 ILCS 160/1 et seq.
20 ILCS 5/1-1 et seq.
20 ILCS 5/5-1 et seq., including § 5-645
20 ILCS 450/1 et seq.
815 ILCS 530/1 et seq.
Capital Development Board
20 ILCS 3105/1 et seq., including § 8
Deaf and Hard of Hearing Commission
20 ILCS 3932/ 1 et seq., including §§ 20, 25
Department of Agriculture
20 ILCS 205/205-1 et seq.
Department of Central Management Services
20 ILCS 405/405-1 et seq., including §§ 40510, 405-20, 405-250, 405-255, 405-260, 405265, 405-270, 405-272, 405-275
30 ILCS 105/1 et seq., including §§ 5.12,
5.55, 6p-1, 6p-2, 8.16a, 8.16b
Department of Children and Family Services
20 ILCS 505/1 et seq., including § 11
Department of Commerce and Economic
Opportunity
20 ILCS 605/605-1 et seq., including § 60585
Department of Corrections
730 ILCS 5/3-1-1 et seq., including §§ 3-2-5,
3-2-7
Department of Employment Security
20 ILCS 1005/1005-1 et seq.
Department of Financial and Professional
Regulation
20 ILCS 1205/1 et seq.
20 ILCS 2105/2105-1 et seq.
20 ILCS 3205/0.1 et seq.
20 ILCS 3210/1 et seq.
Executive Orders 2014-03, 2004-06
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Transferring Agency
Statutes from Which Information Technology
Functions Derive
Department of Healthcare and Family
Services
20 ILCS 2205/2205-1 et seq.
Department of Human Rights
775 ILCS 5/1-101 et seq., including § 9-101
Department of Human Services
20 ILCS 1305/1-1 et seq., including §§ 1-20,
1-25
Department of Insurance
20 ILCS 1405/1405-1 et seq., including §
1405-35
Executive Order 2009-04
Department of Juvenile Justice
730 ILCS 5/3-2.5-1 et seq., including § 3-2.515
Department of Labor
20 ILCS 1505/1505-1 et seq.
Department of Lottery
20 ILCS 1605/1 et seq., including § 9
Department of Military Affairs
20 ILCS 1805/1 et seq.
Department of Natural Resources
20 ILCS 801/1-1 et seq., including § 1-15
Department of Public Health
20 ILCS 2305/1.1 et seq.
20 ILCS 2310/2310-1 et seq.
Department of Revenue
20 ILCS 2505/2505-1 et seq.
Department of State Police
20 ILCS 2605/2605-1 et seq.
Department of Transportation
20 ILCS 2705/2705-1 et seq.
Department of Veterans’ Affairs
20 ILCS 2805/0.01 et seq.
Department on Aging
20 ILCS 105/1 et seq., including § 4.01
20 ILCS 110/110-5
Environmental Protection Agency
415 ILCS 5/1 et seq., including § 4
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Transferring Agency
Statutes from Which Information Technology
Functions Derive
Governor’s Office of Management and
Budget
20 ILCS 3005/0.01 et seq., including § 3
Guardianship and Advocacy Commission
20 ILCS 3955/1 et seq., including § 5
Historic Preservation Agency
20 ILCS 3405/1 et seq., including §§ 3, 4, 16
Illinois Arts Council
20 ILCS 3915/0.01 et seq., including § 6
Illinois Council on Developmental
Disabilities
20 ILCS 4010/2001 et seq., including § 2007
Illinois Emergency Management Agency
20 ILCS 3305/1 et seq.
Illinois Gaming Board
230 ILCS 10/1 et seq., including § 5
Illinois Health Information Exchange
Authority
20 ILCS 3860/1 et seq., including §§ 20, 30
Illinois Liquor Control Commission
235 ILCS 5/3-1 et seq., including § 3-4
Illinois Student Assistance Commission
110 ILCS 947/1 et seq., including § 15
Illinois Technology Office
Executive Order 1999-05
Office of the State Fire Marshal
20 ILCS 2905/0.01 et seq.
Prisoner Review Board
730 ILCS 5/3-3-1 et seq.
Issued by Governor: January 25, 2016
Filed with Secretary of State: January 25, 2016
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2015-338
Bill of Rights Day
WHEREAS, on December 15, 1791, the First Congress ratified the first ten amendments to the
United States Constitution; and,
WHEREAS, these ten amendments, also termed the Bill of Rights, incorporated vital American
freedoms into our Constitution; and,
WHEREAS, the inalienable freedoms protected by the Bill of Rights, like our First Amendment
rights to free speech, religion, peaceable assembly, and a free press are fundamental liberties that
continue to define our great nation and ensure our liberty; and
WHEREAS, the rights and freedoms incorporated in the Bill of Rights are animated by an
American spirt of equality, liberty, and justice for all; and
WHEREAS, the people of our great State of Illinois and all Americans enjoy these shared
liberties, made possible only because of our brave servicemen and women who serve both home
and abroad to defend our freedom and the American way of life;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim December
15, 2015 as BILL OF RIGHTS DAY in Illinois, in recognition of our founders and the legacy of
this great nation.
Issued by the Governor December 15, 2015
Filed by the Secretary of State January 19, 2016
2015-339
Illinois Flag Display Act – Chicago Firefighter Daniel Capuano
WHEREAS, we hold the highest esteem and reverence for the men and women who answer the
call to serve their friends, family and communities; and,
WHEREAS, firefighters save countless lives every year with their heroic efforts; and,
WHEREAS, firefighters not only demonstrate the desire to serve but have the courage to act
calmly and professionally when faced with dangerous situations; and,
WHEREAS, sadly, a 15-year veteran of the Chicago Fire Department, Firefighter Daniel
Capuano, 43, lost his life while battling a vacant warehouse fire on Chicago's South Side, leaving
behind his wife and three children; and,
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WHEREAS, although firefighter Daniel Capuano is no longer with us, we will not forget the
countless lives that were impacted by his service; and,
WHEREAS, on Thursday, December 17, 2015, there will be a visitation held for firefighter
Daniel Capuano at St. Rita High School at 3:00 p.m., followed by a service Friday morning at
10:00 a.m. Daniel Capuano is survived by many loving family members and friends who are
grateful for the numerous ways he touched their lives;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby order all persons or
entities governed by the Illinois Flag Display Act to fly their flags at half-staff from sunrise on
Wednesday, December 16, 2015, until sunset on Friday, December 18, 2015, in honor and
remembrance of Chicago Firefighter Daniel Capuano, whose selfless service and sacrifice is an
inspiration.
Issued by the Governor December 15, 2015
Filed by the Secretary of State January 19, 2016
2015-340
Impaired Driving Prevention Month
WHEREAS, the number of deadly traffic crashes involving drunk or impaired drivers increase
during the month of December across the country, and more than 300 people die each year in
Illinois in these types of accidents; and,
WHEREAS, deaths caused by alcohol- and drug-impaired driving are preventable and
unacceptable, and impaired driving threatens the lives of drivers, passengers, and all who share
the road; and,
WHEREAS, teen drivers are at greater risk of death in alcohol-related crashes, even though they
are too young to legally buy or possess alcohol; and,
WHEREAS, the best way to end drunk and drugged driving is to educate others on the dangers
posed by impaired driving and strongly enforce Illinois' impaired driving laws; and,
WHEREAS, the State of Illinois will participate in the national Drive Sober or Get Pulled Over
campaign from December 18 to January 3, reminding Illinoisans of their responsibilities on the
road; and,
WHEREAS, the public can learn about Illinois' Drive Sober or Get Pulled Over campaign at
DriveSoberIllinois.org;
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THEREFORE, I, BRUCE RAUNER, Governor of the State of Illinois, do hereby proclaim
December 2015, as IMPAIRED DRIVING PREVENTION MONTH in Illinois. I ask each
citizen to do their part – don't drive under the influence, because reducing impaired driving will
keep streets and highways safe, and our actions can save lives.
Issued by the Governor December 15, 2015
Filed by the Secretary of State January 19, 2016
2015-341
Illinois Flag Display Act – CW2 Kevin Mose Weiss
WHEREAS, all citizens owe a tremendous debt of gratitude to the men and women of the U.S.
Armed Forces who selflessly serve to protect our lives and keep our families safe; and,
WHEREAS, every day, these men and women face great risks and put their safety on the line to
perform their duties; and,
WHEREAS, on December 2, 2015, Chief Warrant Officer 2 Kevin Mose Weiss, 32, was killed
in a training exercise when the AH-64D Apache attack helicopter he was flying out of Fort
Campbell, Kentucky, crashed; and,
WHEREAS, CW2 Kevin Mose Weiss was a dedicated husband and father and leaves behind his
wife and two children, in addition to serving his country as a member of the United States
Military; and,
WHEREAS, throughout his career, CW2 Kevin Mose Weiss earned numerous decorations and
commendations for his service to the United States, representing his country admirably and with
great honor; and,
WHEREAS, a visitation for friends and neighbors to gather with the Weiss' family will be held
from 3 to 8 p.m. Friday, December 18th at the Justen Funeral Home and Crematory, followed by
a funeral at 10 a.m. on Saturday, December 19th at The Harvest Bible Church in Crystal Lake;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby order all persons or
entities governed by the Illinois Flag Display Act to fly their flags at half-staff from sunrise on
Thursday, December 17, 2015, until sunset on Saturday, -December 19, 2015, in honor and
remembrance of CW2 Kevin Mose Weiss.
Issued by the Governor December 16, 2015
Filed by the Secretary of State January 19, 2016
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2015-342
Move Over Day
WHEREAS, the Illinois Department of Transportation (IDOT) and the Illinois State Police (ISP),
are committed to safety on state roads, educating the public about new and existing laws, and
reducing the number of fatal accidents that occur when drivers do not yield to emergency
vehicles; and,
WHEREAS, on the evening of December 23, 2000, Scott Gillen of the Chicago Fire Department
was struck and killed by a drunk driver while assisting at a crash site on an expressway in
Chicago; and,
WHEREAS, in 2014, Vincent Petrella, an Illinois Tollway maintenance worker, was struck and
killed while assisting a disabled truck tractor semi-trailer, and Illinois State Trooper Douglas J.
Balder, who was also assisting at the scene, was left in critical condition; and,
WHEREAS, law enforcement officers, firefighters, emergency response personnel, tow truck
drivers, and highway workers maintain the operations and safety of Illinois roadways on a daily
basis and are continually exposed to the dangers of being hit by motorists; and,
WHEREAS, in 2002, "Scott's Law" was passed in memory of Scott Gillen in an effort to raise
traffic safety awareness and save lives; unfortunately, many motorists do not know about or
understand the law; and,
WHEREAS, to address this issue, IDOT and ISP have collaborated on a statewide initiative to
increase education and enforcement; and,
WHEREAS, according to Illinois State Police Director Leo Schmitz, from 2004-2015, Illinois
State Troopers have been victims of approximately 140 crashes resulting from Scott's Law
violations, of which 63 resulted in injury and 2 resulted in fatalities; and,
WHEREAS, Illinois State Law requires motorists to use caution, slow down, and change lanes if
possible for stationary emergency vehicles using flashing lights;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim December
23, 2015, as MOVE OVER DAY in Illinois, and urge citizens to slow down and move over
when approaching emergency lights on roadways.
Issued by the Governor December 21, 2015
Filed by the Secretary of State January 19, 2016
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2016-2
Career and Technical Education Month
WHEREAS, a commitment to career and technical education helps ensure Illinois has a strong,
well-trained workforce that enhances productivity in business and industry, and solidifies the
state's leadership in national and international marketplaces; and,
WHEREAS, providing citizens with career and technical education stimulates growth of
businesses and industries by preparing workers for the occupations forecasted to experience the
fastest growth in the next decade; and,
WHEREAS, citizens benefit from career and technical education because it enables individuals
to pursue satisfying careers suited to personal skills and interests; provides the technical
knowledge necessary for professional success; and teaches leadership skills that are useful on the
job, at home and in the community; and,
WHEREAS, for more than 60 years, the Illinois Association for Career and Technical Education
(IACTE), the only association in Illinois dedicated to the support and service of the career and
technical educators, has been committed to the betterment of the profession, and to providing
visibility and assistance for career and technical education; and,
WHEREAS, each year, in the month of February, the IACTE celebrates Career and Technical
Education Month to promote the advancement of career and technical education professions in
the state. The theme for this year's month-long celebration is "Recognizing Classroom
Innovators";
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim February
2016, as CAREER AND TECHNICAL EDUCATION MONTH in Illinois, and encourage all
citizens to become familiar with the services and benefits offered by career and technical
education programs in our state, and to support and participate in these programs to enhance
individual work skills and productivity.
Issued by the Governor January 7, 2016
Filed by the Secretary of State January 19, 2016
2016-3
Enrolled Agent Week
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WHEREAS, the enrolled agent profession dates back to 1884 when, after questionable
claims had been presented for Civil War losses, Congress acted to regulate persons who
represented citizens in their dealings with the U.S. Treasury Department; and,
WHEREAS, the enrolled agent has been an important advocate to both Illinois taxpayers and to
the Illinois Department of Revenue; and,
WHEREAS, enrolled agents assist taxpayers with issues from the annual compliance filing of
their tax returns to more complex issues of audits, liens, levies, appeals and collections; and,
WHEREAS, the National Association of Enrolled Agents (NAEA) is dedicated to helping its
members maintain the highest level of knowledge, skills and professionalism in all areas of
taxation, so that members may most effectively represent the needs of their clients;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim February 1
– 8, 2016, as ENROLLED AGENT WEEK in Illinois, and recognize the Illinois Society of
Enrolled Agents (ILSEA) and its members for their role in Illinois' tax preparation industry.
Issued by the Governor January 7, 2016
Filed by the Secretary of State January 19, 2016
2016-4
Mentoring Month
WHEREAS, every day in Illinois, mentors help youth in communities across the State – in
schools and in homes, in the field and in the library – facing the challenges of growing into
adulthood; and,
WHEREAS, there are few investments more important than those we make in the healthy
development and well-being of young people; and,
WHEREAS, research shows that young people matched with a caring adult through a quality
mentoring program are 52 percent less likely to skip school, 46 percent less likely to use illegal
drugs, 27 percent less likely to start drinking, and are more likely to have positive relationships
with adults and to make positive plans for their futures; and,
WHEREAS, more than 400 youth mentoring programs currently operate in Illinois, and tens of
thousands of youth in our state already have the benefit of caring and supportive volunteer
mentors; and,
WHEREAS, 96 percent of existing mentors would recommend mentoring to others; and,
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WHEREAS, The Illinois Mentoring Partnership (IMP) launched in 2012, is the unifying
champion for quality youth mentoring in Illinois, providing resources, training and technical
assistance, heightened public awareness and advocacy for the state's mentoring movement; and,
WHEREAS, The Serve Illinois Commission on Volunteerism and Community Service supports
the mentoring works of more than 700 AmeriCorps members each year and is committed to
improving the lives of youth in more than 40 Illinois counties; and
WHEREAS, the Illinois Senior Corps branch of National Service supports one-on-one mentoring
and tutoring of more than 4,000 young people with special needs through its Foster Grandparents
program; and,
WHEREAS, less than 3 percent of youth in Illinois are currently served in a mentoring program
and many children in Illinois desperately need the support of a quality mentor; and,
WHEREAS, mentors can commit as little as one hour a week and still have a significant positive
impact on the outcome of a child's life; and,
WHEREAS, January is National Mentoring Month, and Illinois is proud to step forward as a
leader in reinforcing support for this cause across our great state, in an effort to close the gap for
youth who do not have a trusted mentor in their lives;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim January
2016 as MENTORING MONTH in Illinois, and urge citizens throughout Illinois to take part in
the powerful movement that is changing lives.
Issued by the Governor January 7, 2016
Filed by the Secretary of State January 19, 2016
2016-5
Rare Disease Day
WHEREAS, many rare diseases are serious and debilitating conditions that have a significant
impact on the lives of those affected; and,
WHEREAS, there are nearly 7,000 diseases and conditions considered rare in the United States,
with each affecting fewer than 200,000 Americans; and,
WHEREAS, while each of these diseases alone may affect only a small number of people, rare
diseases as a group affect millions of Americans; and,
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WHEREAS, often there is no treatment specific for these rare diseases; and,
WHEREAS, individuals and families affected by rare diseases often experience problems that
include a sense of isolation, difficulty obtaining an accurate and timely diagnosis, few treatment
options, and complications related to accessing or being reimbursed for treatment; and,
WHEREAS, while some rare diseases, such as "Lou Gehrig's disease" and Huntington's disease
are relatively well known, many others are largely unknown, such as Amyloidosis; and,
WHEREAS, a lack of awareness by the general public means the job of raising the profile of rare
diseases and raising funds for research falls on patients and their families; and,
WHEREAS, statistically nearly 1 in 10 Americans are affected by rare diseases, resulting in
thousands of Illinois residents being affected; and,
WHEREAS, a nationwide observance of Rare Disease Day affords patients, medical
professionals, researchers, government officials, and companies developing treatments for rare
diseases an opportunity to join together to focus attention on rare diseases as a public health
issue;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim February
29, 2016, as RARE DISEASE DAY in Illinois, in support of this important public awareness
campaign.
Issued by the Governor January 7, 2016
Filed by the Secretary of State January 19, 2016
2016-6
Ronald Reagan Day
WHEREAS, President Ronald Wilson Reagan, a man of humble background, worked throughout
life serving freedom and advancing the public good, as an entertainer, governor of California and
president of the United States; and,
WHEREAS, President Reagan served with honor and distinction for two terms as the 40th
President of the United States of America; and,
WHEREAS, in 1981, President Reagan was inaugurated and inherited a nation faced with many
challenges; and,
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WHEREAS, President Reagan's commitment to an active social policy agenda for the nation's
children helped lower crime and drug use in our neighborhoods; and,
WHEREAS, President Reagan's commitment to our armed forces contributed to the restoration
of pride in America and prepared America's Armed Forces to meet 21st century challenge; and,
WHEREAS, President Reagan's vision of "peace through strength" led to the end of the Cold
War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions
of people; and,
WHEREAS, President Reagan was a native of Tampico, Illinois, graduating from Dixon High
School, then working his way through Eureka College, studying economics and sociology; and,
WHEREAS, February 6, 2016, will be the 105th anniversary of President Reagan's birth and the
twelfth since his passing;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim February
6, 2016 to be RONALD REAGAN DAY in Illinois, in honor of our nation's 40th president.
Issued by the Governor January 7, 2016
Filed by the Secretary of State January 19, 2016
2016-7
School Choice Week
WHEREAS, every student in Illinois should have access to an effective education; and,
WHEREAS, citizens across Illinois agree that continuing to improve the quality of education in
Illinois is an issue of importance for our state's leaders; and,
WHEREAS, Illinois recognizes the critical role that an effective and accountable system of
education plays in preparing all children in Illinois to be successful adults; and,
WHEREAS, Illinois has a multitude of high-quality traditional public schools, public magnet
schools, public charter schools, and nonpublic schools, as well as families who educate their
children at home; and,
WHEREAS, Illinois has many high-quality, dedicated teaching professionals in all types of
educational environments; and,
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PROCLAMATIONS
WHEREAS, it is important for parents in Illinois to explore and identify the best education
options available to their children; and,
WHEREAS, research demonstrates that providing children with multiple education options
improves academic performance; and,
WHEREAS, School Choice Week is a national celebration recognized by millions of students,
parents, educators, and community leaders to raise public awareness of the importance of
effective education options for children;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim January
24-30, 2016, as SCHOOL CHOICE WEEK in Illinois.
Issued by the Governor January 7, 2016
Filed by the Secretary of State January 19, 2016
2016-8
Turner Syndrome Awareness Month
WHEREAS, Turner Syndrome (TS) is a non-inheritable chromosomal disorder that affects one
in 2,500 live female births; and,
WHEREAS, early diagnosis can ensure that affected girls and women receive a complete cardiac
screening; and,
WHEREAS, risk for acute aortic dissection is increased in young and middle-aged women with
TS; and,
WHEREAS, early diagnosis facilitates prevention or remediation of growth failure, hearing
problems and learning difficulties; and,
WHEREAS, individuals with TS have an increased risk of non-verbal learning disorder (NLD)
and in school and work these impairments can cause problems in math, visuospatial skills,
executive function skills and job retention; and,
WHEREAS, a disproportionately small amount of funding is available for TS research and
support; and,
WHEREAS, with the help of medical specialists and good social support system, women with
TS can live a happy and healthy life; and,
ILLINOIS REGISTER
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PROCLAMATIONS
WHEREAS, the establishment of TS Awareness Month will provide an opportunity to share
experiences and information with the public and the media, in order to raise public awareness
about Turner Syndrome; and,
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim February
2016 as TURNER SYNDROME AWARENESS MONTH and encourages all citizens to support
awareness, education, and services for Turner Syndrome.
Issued by the Governor January 7, 2016
Filed by the Secretary of State January 19, 2016
2016-9
Cervical Cancer Awareness Month
WHEREAS, January is recognized nationally as Cervical Cancer Awareness Month to promote
education about cervical cancer causes, screenings and treatments; and,
WHEREAS, an estimated 12,900 women were diagnosed with cervical cancer in 2015 in the
United States; and,
WHEREAS, an estimated 4,100 women lost their lives to cervical cancer in 2015 in the United
States; and,
WHEREAS, 500 women are expected to be diagnosed with cervical cancer in 2015 in Illinois;
and,
WHEREAS, the Illinois Breast and Cervical Cancer Program offers free breast exams,
mammograms, pelvic exams, Pap tests, diagnostic services, and referral to treatment options to
eligible uninsured and underinsured women; and,
WHEREAS, IBCCP identified 290 cervical abnormalities with 16 identified cervical cancers in
FY 2015; and, over the past 5 years, has identified 170 cases of cervical cancer; and,
WHEREAS, with routine screening and follow-up, cervical cancer is highly preventable; and,
WHEREAS, early detection through routine screening can significantly increase chances of
survival; and,
WHEREAS, throughout January, public and private organizations as well as state and local
governments around the country will promote education about cervical cancer causes,
screenings, and treatments;
ILLINOIS REGISTER
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PROCLAMATIONS
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim January
2016 as CERVICAL CANCER AWARENESS MONTH in Illinois, and encourage all women to
receive regular screenings, and invite each citizen to join the continued fight against cervical
cancer.
Issued by the Governor January 11, 2016
Filed by the Secretary of State January 19, 2016
2016-10
Congenital Diaphragmatic Hernia Action Day
WHEREAS, one in every 2,500 births is affected by a congenital diaphragmatic hernia (CDH);
and,
WHEREAS, since the year 2000, an estimated 500,000 babies worldwide have been born with
CDH; however, only 50 percent survived past infancy; and,
WHEREAS, CDH is as common as spina bifida and cystic fibrosis; however, public knowledge
of the defect is not widespread; and,
WHEREAS, 1,600 newborns are affected by CDH in the United States every year; and,
WHEREAS, while many Illinoisans have been diagnosed with CDH and survived to lead normal
lives, others have endured the horrible pain and sadness due to the loss of a loved one to CDH;
and,
WHEREAS, those with CDH often endure multiple surgeries and possible medical
complications, which can include heart defects, pulmonary complications, gastric and intestinal
problems, developmental delays, and may require respiratory and medicinal support for years;
and,
WHEREAS, raising awareness of this congenital defect will help support those suffering with
CDH and will advocate for urgently needed medical research;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim April 19
as CONGENITAL DIAPHRAGMATIC HERNIA ACTION DAY in Illinois to help raise
awareness for those whose lives are affected by CDH. I encourage all citizens to help fight this
disease and its deadly complications by increasing understanding of the defect, and by providing
support to those suffering from CDH.
ILLINOIS REGISTER
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PROCLAMATIONS
Issued by the Governor January 11, 2016
Filed by the Secretary of State January 19, 2016
2016-11
Early Hearing Detection and Intervention Day
WHEREAS, in Illinois nearly 500 children each year are identified with hearing loss; and,
WHEREAS, approximately 151,000 infants receive hearing screenings in Illinois every year;
and,
WHEREAS, the State of Illinois realizes the importance of universal hearing screening for
newborns and their impact on the lives of our children as well as their families and communities;
and,
WHEREAS, the Illinois Department of Human Services, Illinois Department of Public Health,
Division of Specialized Care for Children, Bureau of Early Intervention, hospital personnel,
healthcare professionals and community-based organizations work together to ensure the parents
of infants with hearing loss receive follow-up diagnostic testing and information regarding
communication options and other services for their children; and,
WHEREAS, CHOICES for Parents partners with the Illinois Early Hearing Detection and
Intervention (EHDI) Program to co-sponsor EHDI Day, and is celebrating their 16th anniversary
of services to parents;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim February
26, 2016 as EARLY HEARING DETECTION AND INTERVENTION DAY in Illinois, in order
to create ongoing awareness of the importance of early hearing detection and intervention so
infants suffering from hearing loss will receive early intervention services in a timely fashion.
Issued by the Governor January 11, 2016
Filed by the Secretary of State January 19, 2016
2016-12
Martin Luther King, Jr. Day of Service
WHEREAS, Dr. Martin Luther King, Jr. devoted his life to the advancement of civil rights and
public service. He believed in a nation of freedom and justice for all, and challenged all citizens
to help build a more perfect union and live up to the purpose and potential of America; and,
ILLINOIS REGISTER
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PROCLAMATIONS
WHEREAS, Dr. King recognized that everyone can be great because everyone can serve, and
during his lifetime encouraged all Americans to serve their neighbors and their communities;
and,
WHEREAS, in 1973, the State of Illinois became the first state to make Dr. King's birthday a
state holiday, and the citizens of Illinois honor Dr. King's legacy each year on the third Monday
in January, this year marking the 30th anniversary of the nationwide observance of the Martin
Luther King, Jr. federal holiday; and,
WHEREAS, in 1994, Congress initiated the King Day of Service, a nationwide effort to
transform the federal holiday honoring Dr. Martin Luther King, Jr. into a day of community
service, grounded in Dr. King's teachings, that helps solve social problems while focusing on
bringing people together and breaking down the barriers that have divided us as a nation; and,
WHEREAS, thousands of Illinois residents use Martin Luther King, Jr. Day as a day on, not a
day off, by spending it performing community service each year; and,
WHEREAS, hundreds of thousands of volunteers in cities and towns across the nation participate
in King Day service projects, in all 50 states, the District of Columbia, Guam, and Puerto Rico;
and,
WHEREAS, non-profit organizations, volunteer managers, AmeriCorps and Senior Corps
members across the nation have organized hundreds of projects for volunteers to engage in
service honoring the goals of the King Day of Service; and,
WHEREAS, the King Day of Service, which falls on January 18th this year, is an time for the
people of Illinois to recognize Dr. King's teachings on advancing equality and opportunity for all
by contributing their own time and talents in a day of service; and,
WHEREAS, the King Day of Service is an excellent opportunity to take the first step in making
service a regular activity in the lives of Illinois residents. It is an important day to encourage each
citizen to take part in service that will benefit communities and neighborhoods and provide a
fitting memorial to the life of Martin Luther King, Jr.;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim January
18, 2016, as MARTIN LUTHER KING, JR. DAY OF SERVICE in the State of Illinois, and
urge our citizens to honor the memory of Dr. King, to put his teachings into action by
participating in the King Day of Service, and to find ways to give back to their communities.
Issued by the Governor January 11, 2016
Filed by the Secretary of State January 19, 2016
ILLINOIS REGISTER
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PROCLAMATIONS
2016-13
Step It Up America Day
WHEREAS, the Unites States of America currently suffers from a lack of minority women in the
field of Information Technology; and,
WHEREAS, the State of Illinois recognizes the efforts of UST-Global and its Step IT Up
America program to create more employment opportunities in Information Technology; and,
WHEREAS, Step IT Up America is a national education and employment program that is
committed to providing resources to recruit, train, and employ 5,000 minority women in cities
across America; and,
WHEREAS, the creation of countless new jobs for the minority community in the city of
Chicago, Illinois, is an important goal that will contribute to the advancement of all our citizens;
and,
WHEREAS, the State of Illinois commends UST Global' s Step IT Up America efforts in
transforming the lives of minority women by enabling them to obtain careers in the field of
Information Technology;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby proclaim January 8,
2016, as STEP IT UP AMERICA DAY in the State of Illinois.
Issued by the Governor January 11, 2016
Filed by the Secretary of State January 19, 2016
2016-14
Illinois Flag Display Act – Oak Park Firefighter Kenneth Harris
WHEREAS, we hold the highest esteem and reverence for the men and women who answer the
call to serve their friends, family and communities; and,
WHEREAS, firefighters save countless lives every year with their heroic efforts; and,
WHEREAS, firefighters not only demonstrate the desire to serve but have the courage to act
calmly and professionally when faced with dangerous situations; and,
WHEREAS, a 28-year veteran of the Oak Park Fire Department, Firefighter Kenneth Harris, 56,
ILLINOIS REGISTER
2882
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PROCLAMATIONS
lost his life after finishing his 24-hour shift and working for another six hours on fire prevention
work; and,
WHEREAS, although firefighter Kenneth Harris is no longer with us, we will not forget the
countless lives that were impacted by his service; and,
WHEREAS, on Saturday, January 16, 2016, there will be a visitation and service held for
firefighter Kenneth Harris at Zion Evangelical Lutheran Church; and,
WHEREAS, Kenneth Harris is survived by many loving family members and friends who are
grateful for the numerous ways he touched their lives;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby order all persons or
entities governed by the Illinois Flag Display Act to fly their flags at half-staff from sunrise on
Thursday, January 14, 2016, until sunset on Saturday, January 16, 2016, in honor and
remembrance of Oak Park Firefighter Kenneth Harris, whose selfless service and sacrifice is an
inspiration.
Issued by the Governor January 14, 2016
Filed by the Secretary of State January 19, 2016
2016-15
Illinois Flag Display Act – U.S. Private First Class Kenneth Leroy Cunningham
WHEREAS, all citizens owe a tremendous debt of gratitude to the men and women of the Armed
Forces who selflessly serve to protect our lives and keep our families safe; and,
WHEREAS, every day these men and women face great risks and put their safety on the line to
perform their duties; and,
WHEREAS, U.S. Private First Class Kenneth Leroy Cunningham, of Ellery, Illinois, was
unaccounted for from the Vietnam War; and,
WHEREAS, on October 3, 1969, First Lt. Paul L. Graffe, a pilot, and PFC Cunningham departed
from Phu Hiep, South Vietnam during the early evening for a nighttime surveillance mission of
the tri-border area of Cambodia, Laos and South Vietnam; and,
WHEREAS, the aircraft failed to return at its scheduled time, and the wreckage was positively
identified as that of PFC Cunningham's aircraft; and,
ILLINOIS REGISTER
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PROCLAMATIONS
WHEREAS, missions were prevented for fear of enemy troops did not allow U.S. troops to insert
ground troops at the wreckage site; and,
WHEREAS, the remains have now been recovered and identified, and U.S. Private First Class
Kenneth Leroy Cunningham will be laid to rest on January 21, 2016, at Little Prairie Christian
Church, Albion, IL; and,
WHEREAS, throughout his career as a proud member of the United States Army, U.S. Private
First Class Kenneth Leroy Cunningham represented the State of Illinois admirably; and,
WHEREAS, U.S. Private First Class Kenneth Leroy Cunningham is survived by his father,
mother, brothers, Dave and Arthur, and sister, Ruth;
THEREFORE, I, Bruce Rauner, Governor of the State of Illinois, do hereby order all persons or
entities governed by the Illinois Flag Display Act to fly their flags at half-staff from sunrise on
Tuesday, January 19, 2016, until sunset on Thursday, January 21, 2016, in honor and
remembrance of U.S. Private First Class Kenneth Leroy Cunningham, whose selfless service and
sacrifice is an inspiration.
Issued by the Governor January 15, 2016
Filed by the Secretary of State January 19, 2016
ILLINOIS ADMINISTRATIVE CODE
Issue Index - With Effective Dates
Rules acted upon in Volume 40, Issue 6 are listed in the Issues Index by Title number, Part number, Volume and
Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.
PROPOSED RULES
83 - 466
83 - 467
80 - 1200
92 - 2520
92 - 438
92 - 448
....................... 2300
....................... 2396
....................... 2414
....................... 2440
....................... 2449
....................... 2554
ADOPTED RULES
8 - 85
1/22/2016 ....................... 2682
8 - 90
1/22/2016 ....................... 2699
8 - 105
1/22/2016 ....................... 2716
8 - 110
1/22/2016 ....................... 2727
8 - 125
1/22/2016 ....................... 2739
71 - 600
1/20/2016 ....................... 2754
89 - 120
1/20/2016 ....................... 2784
23 - 3035
1/22/2016 ....................... 2808
26 - 201
1/25/2016 ....................... 2836
26 - 202
1/25/2016 ....................... 2841
EXECUTIVE ORDERS AND
PROCLAMATIONS
16 - 1
1/25/2016 ....................... 2854
15 - 338
12/15/2015 ....................... 2867
15 - 339
12/15/2015 ....................... 2867
15 - 340
12/15/2015 ....................... 2868
15 - 341
12/16/2015 ....................... 2869
15 - 342
12/21/2015 ....................... 2870
16 - 2
1/7/2016 ....................... 2871
16 - 3
1/7/2016 ....................... 2871
16 - 4
1/7/2016 ....................... 2872
16 - 5
1/7/2016 ....................... 2873
16 - 6
1/7/2016 ....................... 2874
16 - 7
1/7/2016 ....................... 2875
16 - 8
1/7/2016 ....................... 2876
16 - 9
1/11/2016 ....................... 2877
16 - 10
1/11/2016 ....................... 2878
16 - 11
1/11/2016 ....................... 2879
16 - 12
1/11/2016 ....................... 2879
16 - 13
1/11/2016 ....................... 2881
16 - 14
1/14/2016 ....................... 2881
16 - 15
1/15/2016 ....................... 2882
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