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ILLINOIS REGISTER RULES

OF GOVERNMENTAL AGENCIES

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE

Index DepartmentAdministrative Code Division111 E. Monroe St.Springfield, IL 62756217-782-7017www.cyberdriveillinois.com

Printed on recycled paper

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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

ii

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

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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

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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

Issue# Rules Due Date Date of Issue

1 December 21, 2015 January 4, 2016

2 December 28, 2015 January 8, 2016

3 January 4, 2016 January 15, 2016



6 January 25, 2016 February 5, 2016

7 February 1, 2016 February 16, 2016



10 February 22, 2016 March 4, 2016

11 February 29, 2016 March 11, 2016

12 March 7, 2016 March 18, 2016

13 March 14, 2016 March 25, 2016

14 March 21, 2016 April 1, 2016

15 March 28, 2016 April 8, 2016

16 April 4, 2016 April 15, 2016

17 April 11, 2016 April 22, 2016

18 April 18, 2016 April 29, 2016

19 April 25, 2016 May 6, 2016

20 May 2, 2016 May 13, 2016

21 May 9, 2016 May 20, 2016

22 May 16, 2016 May 27, 2016

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23 May 23, 2016 June 3, 2016

24 May 31, 2016 June 10, 2016

25 June 6, 2016 June 17, 2016

26 June 13, 2016 June 24, 2016

27 June 20, 2016 July 1, 2016

28 June 27, 2016 July 8, 2016

29 July 5, 2016 July 15, 2016

30 July 11, 2016 July 22, 2016

31 July 18, 2016 July 29, 2016

32 July 25, 2016 August 5, 2016

33 August 1, 2016 August 12, 2016

34 August 8, 2016 August 19, 2016

35 August 15, 2016 August 26, 2016

36 August 22, 2016 September 2, 2016

37 August 29, 2016 September 9, 2016

38 September 6, 2016 September 16, 2016



41 September 26, 2016 October 7, 2016

42 October 3, 2016 October 14, 2016

43 October 11, 2016 October 21, 2016

44 October 17, 2016 October 28, 2016

45 October 24, 2016 November 4, 2016

46 October 31, 2016 November 14, 2016

47 November 7, 2016 November 18, 2016

48 November 14, 2016 November 28, 2016

49 November 21, 2016 December 2, 2016

50 November 28, 2016 December 9, 2016

51 December 5, 2016 December 16, 2016



ILLINOIS REGISTER 2300

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ILLINOIS COMMERCE COMMISSION

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: Proposed Actions:

466.30 Amendment

466.35 New Section

466.45 New Section

466.50 Amendment

466.60 Amendment

466.70 Amendment

466.80 Amendment

466.90 Amendment

466.100 Amendment

466.110 Amendment

466.120 Amendment

466.APPENDIX A Amendment

466.APPENDIX B Amendment

466.APPENDIX C Amendment

466.APPENDIX D Amendment

466.APPENDIX G Amendment

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


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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) 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

14) 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.


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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



466.120 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 5/16-

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].

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 ____________.


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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


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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.


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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.


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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.


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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.


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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) 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.

b) 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 non-

refundable 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


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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:

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.

b) 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:


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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;


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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.

c) 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 pre-

application 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 pre-

application report that represents the best available information at the time of

reporting.


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.


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.


16



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 self-

contained 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


16



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.


16



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:

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.

o) Each EDC shall allow electronic signatures to be used for interconnection

applications.


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


16



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:

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

g) 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.



16



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) 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.

b) An EDC shall use Level 2 procedures for evaluating interconnection requests

when:


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


16



≥ 30 kV and ≤ 69 kV ≤ 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).

c) 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


16



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.

2) 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.

d) An EDC shall use the Level 4 study review procedures for evaluating

interconnection requests when:


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.



16



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) 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.

b) 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).


16



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


16



proposed interconnection. If the applicant makes such an election,

the EDC may elect to:

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).

5) 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.


16



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.



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.


16



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


16



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) 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.

b) The Level 2 interconnection shall use the following procedures:


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:


16



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.

c) 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 non-

binding 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


16



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:

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.

f) 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


16



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


16



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:


16



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.

5) 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).

g) 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


16



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.



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:


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.


16



5) 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.

6) 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).

b) 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.


16



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 non-

binding 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


16




EDC; and

4) The witness test is successfully completed, if required by the EDC or if the


e) 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.


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


16



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


16



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) 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.

e) 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.


16



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.

2) 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;


16



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.

B) 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.

C) 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


16



v) 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



3) 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.


16



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



f) 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


16



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








16



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: Zip Code:

Telephone (Daytime): (Evening):

Facsimile Number: E-Mail Address:

Alternate Contact Information (if different from Applicant)

Name:

Mailing Address:




Equipment Contractor

Name:

Mailing Address:



16





Electrical Contractor (if Different from Equipment Contractor):

Name:

Mailing 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:


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


16



(If yes, attach manufacturer's technical specifications and label information from a nationally

recognized testing laboratory.)

Generation Facility Nameplate Rating: (kW) (kVA) (AC Volts)

Prime Mover: Photovoltaic Reciprocating Engine Fuel Cell

Turbine Other

Energy Source: Solar Wind Hydro Diesel

Natural Gas Fuel Oil Other

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


16



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:


16



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:

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.

3) 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,


16



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:

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 de-

listed by the Nationally Recognized Testing Laboratory that provided the listing

at the time the interconnection was approved.

7) 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


16



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.


16



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:


16



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:






16



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:




Installer Check if owner-installed

Name:

Mailing 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.


16



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)

……………………………………………………………………………………………………


16



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) Yes (____) No (____)

If not waived, date of successful Witness

Test: Passed: (Initial)


Printed Name: Title:



16



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:




Alternative Contact Information (if different from Customer Contact Information)

Name:

Mailing Address:




Facility Address (if different from above):


Electric Distribution Company (EDC) Serving Facility Site:

Electric Supplier (if different from EDC):

Account Number of Facility Site (existing EDC customers):

Inverter Manufacturer: Model:

Equipment Contractor


16



Name:

Mailing Address:




Electrical Contractor (if different from Equipment Contractor)

Name:

Mailing Address:




License Number:

Electric Service Information for Customer Facility Where Generator Will Be

Interconnected

Capacity: (Amps) Voltage: (Volts)

Type of Service: Single Phase 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)


16



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:

kW or kVA

NUMBER OF UNITS: TOTAL CAPACITY:

kW or kVA

GENERATOR TYPE (Check one):

Induction Inverter Synchronous Other 14504August 25,

2008__________________

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


16



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 Induction Inverter Other

Rating: kW Rating: kVA


16



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 Non-Salient

Torque: lb/ft Rated RPM: Field Amperes:

at rated

generator

voltage and current and % PF over-excited

Type of Exciter:

Output Power of Exciter:

Type of Voltage Regulator: Locked Rotor

Current: Amps Synchronous Speed: RPM

Winding Connection: Min. Operating Freq./Time:

Generator Connection: 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


16



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: Amps

Rotor Reactance (Xr): ohms Reactive Power Required:

Magnetizing Reactance (Xm): ohms VARs (No Load)

Stator Resistance (Rs): ohms VARs (Full Load)

Stator Reactance (Xs): ohms

Short Circuit Reactance (X"d): ohms

Phases: Single Three Phase

Frame Size: Design Letter: Temp. Rise: °C.

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: Model:

Type: Forced Commutated Line Commutated


16



Rated Output: Watts Volts

Efficiency: % Power Factor: %

Inverter UL 1741 Listed: Yes No

DC Source / Prime Mover:

Rating: kW Rating: kVA

Rated Voltage: Volts

Open Circuit Voltage (if applicable): Volts

Rated Current: Amps

Short Circuit Current (if applicable): Amps

Other Facility Information:

One Line Diagram attached: Yes

Plot Plan attached: 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.


Printed Name: Title:



16



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

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 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


16



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

1.9.1 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.

1.10 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.


16



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


16



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 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.

3.4 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


16



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.


16



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 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.

4.2 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


16



construction necessary for accommodating the distributed generation facility, and Level 4

reviews)

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.

5.2 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


16



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 third-

party, 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 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.

6.2 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


16



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.


16



6.4 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.

6.5 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


16



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 non-

defaulting 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.


16



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


16



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


16



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.


16



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:


Interconnection Customer:

Attention:

Address:

City: State: Zip:

Phone: Fax: E-Mail:

If to EDC:

EDC:

Attention:

Address:

City: State: Zip:

Phone: Fax: 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:


Interconnection Customer:


16



Attention:

Address:

City: State: Zip:

If to EDC:

EDC:

Attention:

Address:

City: State: Zip:

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:

EDC's Operating Representative:

Attention:

Address:

City: State: Zip:

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


16



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:


16



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.


16



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.


16



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.


16



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.


16



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.


16



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.


16



Attachment 5

Monitoring and Control Requirements


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.


16



Attachment 6

Metering Requirements


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.


16



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.



16



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

on (Date)

; and

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.


16



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 non-

binding 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:


16



Name (Printed):

Title:

[Insert name of EDC]

Signed:

Name (Printed):

Title:


16



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:


16



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:



16



1) Heading of the Part: Electric Interconnection of Large Distributed Generation Facilities



467.30 Amendment

467.45 New Section

467.50 Amendment

467.60 Amendment

467.70 Amendment

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.


rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? No


9) Does this rulemaking contain incorporations by reference? 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.


16




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


217/782-7434



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


included on either of the two most recent agendas because: The Commission did not

anticipate the need for this rulemaking at that time.



16



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 5/16-

107.5] 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:


16



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.

b) 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.


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 pre-

application 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 pre-

application 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);


16



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.

b) 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);


16



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.

c) 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


16



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.


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.


Section 467.60 General Requirementsrequirements


16



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.


16



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.


16



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:

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.

o) Each EDC shall allow electronic signatures to be used for interconnection

applications.


Section 467.70 Interconnection Review Procedures


16



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.


16



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


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


business days after parties' agreement, an interconnection facilities study

agreement (see Appendix F). The interconnection facilities study


16



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.

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.

e) 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


16



v) 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.

2) 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;


16



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.

B) 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.

C) The parties shall use an interconnection impact study agreement,

included as Appendix E, unless both parties agree to use an

alternative form.

3) 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,


16



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


16



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


16



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




witness test is waived according to Article 2.1.1 of Appendix C.



16

ILLINOIS LABOR RELATIONS BOARD


1) Heading of the Part: General Procedures



1200.5 Amendment

1200.7 New Section

1200.10 Amendment

1200.20 Amendment

1200.40 Amendment

1200.45 Amendment

1200.60 Amendment

1200.70 Amendment

1200.80 Amendment

1200.90 Amendment

1200.100 Amendment

1200.105 Amendment

1200.120 Amendment

1200.135 Amendment

1200.140 Amendment

1200.143 Amendment

1200.145 Amendment

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.


rulemaking: None




16





11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a

State mandate under 30 ILCS 805.


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]


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

14) 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.



16



TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES

SUBTITLE C: LABOR RELATIONS

CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD

PART 1200

GENERAL PROCEDURES

Section

1200.3 General Statement of Purpose

1200.5 Board Information and Business Hours

1200.7 Board Meetings

1200.10 Definitions

1200.20 Filing and Service of Documents

1200.30 Computation and Extensions of Time

1200.40 Authority of Administrative Law Judges

1200.45 Motions

1200.50 Recording of Hearings and Payment of Court Reporting Services

1200.60 Closing Arguments and Briefs Before An Administrative Law Judge

1200.70 Representation of Parties

1200.80 Ex Parte Communications

1200.90 Subpoenas

1200.100 Transfer of Jurisdiction

1200.105 Consolidation of Proceedings

1200.110 Amicus Curiae Briefs (Repealed)

1200.120 Voluntary Settlement or Adjustment of Disputes

1200.130 Rules of Evidence

1200.135 Appeals Procedures, Board Review and Court Review

1200.140 Amicus Curiae Briefs

1200.143 Declaratory Rulings

1200.145 Filing of Contracts

1200.150 Conflicts of Interest

1200.160 Variances and Suspensions of Rules

1200.170 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.


16



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


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.



16



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.



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.

http://www.illinois.gov/ilrb


16



"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.


16



"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


16



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.


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;


16



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


16



course of an investigation shall not be subject to this requirement.

1) 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).

2) 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.

f) 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


16



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.


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;


16



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.


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


16



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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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).


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.


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.


Section 1200.90 Subpoenas

Following the issuance of a complaint for hearing or a notice of representation hearing, the


16



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) 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.

c) 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


16



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.


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.


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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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.


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 cross-

exceptions, parties may file cross-responses to the cross-

exceptions. Cross-responses shall be limited to the questions

raised in the cross-exceptions. All exceptions, responses, cross-

exceptions and cross-responses shall be filed in accordance with

Section 1200.135. Each party shall serve its exceptions, cross-

exceptions, 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 cross-

exceptions, parties may file cross-responses to the cross-

exceptions. Cross-responses shall be limited to the questions

raised in the cross-exceptions. All exceptions, responses, cross-

exceptions and cross-responses shall be filed in accordance with

Section 1200.135. Each party shall serve its exceptions, cross-

exceptions, responses, cross-responses, and briefs on the other

parties.


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C) In either type of proceeding, exceptions, responses, cross-

exceptions, 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:

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.

4) 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


16



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) 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.

5) 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.


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 non-

partiesAmicus 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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Section 1200.143 Declaratory Rulings

Parties may petition the Board's General Counsel for a declaratory ruling, pursuant to Section 5-

150 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 non-

binding advisory opinions. Consequently, the Board's General Counsel

declaratory rulings are not appealable.


16



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 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.

b) 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.


16



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.


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


16



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.



16

ILLINOIS STATE TOLL HIGHWAY AUTHORITY


1) Heading of the Part: State Toll Highway Rules



2520.410 Amendment

2520.420 Amendment

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).


rulemaking: The Tollway's consulting traffic engineer has prepared a study that supports

the proposed maximum speed limit increases.




10) Are there any other rulemakings pending on this Part? Yes

Section Number: Proposed Action: Illinois Register Citation:

2520.750 Amendment 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.


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


16



Illinois State Toll Highway Authority

2700 Ogden Avenue

Downers Grove IL 60515



affected: None




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.



16



TITLE 92: TRANSPORTATION

CHAPTER IV: ILLINOIS STATE TOLL HIGHWAY AUTHORITY

PART 2520

STATE TOLL HIGHWAY RULES

SUBPART A: AUTHORITY AND DEFINITIONS

Section

2520.100 Authority

2520.110 Authority Rulemaking

2520.120 Related Statutes

2520.130 Definitions

SUBPART B: GENERAL TRAFFIC RULES AND REGULATIONS

Section

2520.200 Illinois Vehicle Code

2520.203 Use of Tollway Prohibited or Restricted

2520.206 Vehicles Excepted from Provisions of Section 2520.203

2520.209 Transportation of Hazardous Materials

2520.212 Special Usage Toll

2520.215 Loading or Unloading of Vehicles

2520.218 Full Stop at All Toll Plazas

2520.221 Entering and Leaving the Tollway

2520.224 "U" Turns, Etc.

2520.227 Backing Up of Vehicles

2520.230 Parking, Standing or Stopping

2520.233 Relocating of Vehicles

2520.236 Pushing or Towing of Vehicles

2520.239 Stopping or Halting Vehicles by the Authority

2520.242 Destruction of Authority Property

2520.245 Picnics

2520.248 Aircraft

2520.251 Sale of Goods and Services

2520.254 Solicitation of Rides

2520.257 Loitering or Interfering with Traffic

2520.260 Approaching/Departing a Toll Plaza

2520.263 Compliance with Orders or Directions of State Troopers, Etc.


16



2520.266 Duty Upon Striking Fixtures, Structures or Other Property on Tollway

2520.269 Payment of Tolls

2520.272 I-Pass Registration

2520.275 Prohibited and Restricted Lanes

2520.278 Traffic Control Devices

2520.281 Penalty for Violation

SUBPART C: TRESPASS

Section

2520.300 Authority

2520.310 Restriction of Vehicles Using the Tollway

2520.320 Restriction on Nature of Use of Tollway

2520.340 Persons and Vehicles Excepted from the Requirements of Subpart C

2520.350 Penalties

SUBPART D: SPEED RESTRICTIONS

Section

2520.410 Maximum Speed Limits for Passenger Cars

2520.420 Maximum Speed Limits for Trucks, Buses, Passenger Cars Towing Trailers,

House Trailers and Campers

2520.430 Maximum Speed Limits for Designated I-Pass Lanes, Service Areas, Parking

Areas, Access Roads and Ramps, and Barrier Toll Plaza Approaches

2520.440 Road Hazards and Construction Zones

2520.450 Special Road Conditions

2520.460 Minimum Speed Limits

SUBPART E: FINES AND PENALTIES

Section

2520.510 Violations

2520.520 Littering – Penalty

2520.530 Spurious or Counterfeit Tickets, Coupons or Tokens – Penalty

2520.540 Toll Collection Devices – Penalty for Breaking

2520.550 I-PASS Customer − Penalties

SUBPART F: TOLL VIOLATIONS – ADMINISTRATIVE ADJUDICATION SYSTEM


16



Section

2520.700 Authority

2520.705 Notice of Violation to Respondent

2520.710 Effective Date of Notices

2520.715 Establishment of the Toll-Free Telephone Number

2520.720 Timely Request for Hearing

2520.725 Hearing Officers – Appointment, Disqualification, Powers and Duties

2520.730 Discovery

2520.735 Continuance

2520.740 Hearings Format

2520.745 Failure to Respond to Notice of Violation − Default

2520.750 Penalties

2520.755 Liability of Lessor

2520.760 Liability of Registered Owner

2520.765 Enforcement of Final Order

2520.770 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.


16



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


16



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).


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 (I-

57).



16



2) Jane Addams Memorial Tollway (I-90):


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).


16



60 miles per hour between I-294 M.P. 23.1 (I-55) and M.P.7.6 (I-

57).


2) Jane Addams Memorial Tollway (I-90):


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).



16

DEPARTMENT OF TRANSPORTATION

NOTICE OF PROPOSED RULES

1) Heading of the Part: Inspection Procedures for Special Vehicles



438.10 New Section

438.20 New Section

438.30 New Section

438.40 New Section

438.APPENDIX A New Section

438.APPENDIX B New Section

438.APPENDIX C New Section

438.APPENDIX D New Section

438.APPENDIX E New Section

438.APPENDIX F New Section

438.APPENDIX G New Section

438.APPENDIX H New Section

438.APPENDIX I New Section

438.APPENDIX J New Section

438.APPENDIX K New Section

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:

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.


16



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.


16



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


16



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


16



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.


rulemaking: None





16




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.


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


Office of Chief Counsel

2300 South Dirksen Parkway, Room 313


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.



affected: This rulemaking affects small businesses, small municipalities and not-


16



for-profit corporations that own or operate special vehicles subject to the Illinois

Vehicle Inspection Law [625 ILCS 5/13].



14) 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:


16




CHAPTER I: DEPARTMENT OF TRANSPORTATION

SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)

PART 438

INSPECTION PROCEDURES FOR SPECIAL VEHICLES

Section

438.10 Purpose and Applicability

438.20 Definitions

438.30 Incorporation by Reference of Federal Regulations

438.40 General Requirements

438.APPENDIX A Battery or Batteries through Exhaust System

438.APPENDIX B Fenders through Hood

438.APPENDIX C Horn through Seat, Driver's

438.APPENDIX D Seat Belts through Suspension System

438.APPENDIX E Tires through Wiring System

438.APPENDIX F Special Requirements for Buses (Vehicles Manufactured to Transport

11 or More Passengers, Including the Driver)

438.APPENDIX G Special Requirements for Contract Carriers, First Division Vehicles

Used to Transport School Children (K-12) and Limousines

438.APPENDIX H Special Requirements for Driver Education Training Vehicles

438.APPENDIX I Special Requirements for Medical Transport Vehicles (Ambulances,

Medical Carriers and Rescue Vehicles)

438.APPENDIX J Special Requirements for Rebuilt Vehicles

438.APPENDIX K 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 5/6-

410].

SOURCE: Adopted at 40 Ill. Reg. _________, effective ____________________.

Section 438.10 Purpose and Applicability


16



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.



16



"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:


16



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 1-

115.05)

"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.


16



"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


16



meter charge, but is prearranged for a designated destination. (IVC Section 1-

139.1)

"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)


16



"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


16



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:


16



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


16



the Department's website at http://www.idot.illinois.gov/transportation-

system/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


Check condition.

REJECT VEHICLE IF:

Cables are corroded or are not securely attached.

c) BRAKES

1) SERVICE BRAKES (AIR)


Must be equipped with service brakes on all wheels. (See IVC Section 12-

301(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


16



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


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


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


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


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


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


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



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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


Air compressor must be securely mounted with brackets, braces or

adapters in good order and with the pulley and belts in proper condition.


16



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)


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.


16



11) VACUUM BRAKE SYSTEMS


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



16



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


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


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.


16



Section 438.APPENDIX B Fenders through Hood

a) FENDERS


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


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


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.


16



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


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


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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Secondary or safety catch does not function properly.


16



Section 438.APPENDIX C Horn through Seat, Driver's

a) HORN


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;


16



Front and rear bumpers;

Flexible fender skirts or moldings;

Side-mounted clearance lights and reflectors; and

Any other required light or device.

1) Backup


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


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.


16



REJECT VEHICLE IF:

Front clearance lights:

Are missing.

Do not function properly.

Are not in correct location.

Are an improper color.

3) Clearance, Rear


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.


REJECT VEHICLE IF:

Rear clearance lights:

Are missing.




4) Identification (Cluster), Front


16




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.



REJECT VEHICLE IF:

Front identification lights:

Are missing.




5) Identification (Cluster), Rear


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.



REJECT VEHICLE IF:


16



Rear identification lights:

Are missing.




6) Headlights


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.


REJECT VEHICLE IF:

Headlights:

Are missing.



Are not securely attached.


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7) License Plate


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


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.


Exception: Vehicles 80 or more inches in overall width are exempt.

REJECT VEHICLE IF:


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Parking lights:

Are missing.




9) Sidemarker, Front


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.


REJECT VEHICLE IF:

Front sidemarker lights:

Are missing.




10) Sidemarker, Rear



16



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.


REJECT VEHICLE IF:

Rear sidemarker lights:

Are missing.




11) Stop


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.


For vehicles with an overall width of less than 80 inches, a high mounted

stop light is required (may be two lights).


16



REJECT VEHICLE IF:

Stop lights:

Are missing.




12) Tail


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.


REJECT VEHICLE IF:

Tail lights:

Are missing.




13) Turn Signal, Front


16




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.


REJECT VEHICLE IF:

Front turn signal lights:

Are missing.




14) Turn Signal, Rear


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.



16



REJECT VEHICLE IF:

Rear turn signal lights:

Are missing.




15) Warning Hazards, Front and Rear


Operate four-way warning hazard lights to check performance of front

and rear lights.


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


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.


16



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 obstructed.

Are cracked, pitted or clouded.

Do not adjust.

2) ALL OTHER SPECIAL VEHICLES


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.


16



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 obstructed.

Are cracked, pitted or clouded.

Do not adjust.

d) PEDALS (ACCELERATOR, SERVICE BRAKE, CLUTCH,

EMERGENCY/PARKING BRAKE)


Brake pedal must be covered with rigid nonslip material.


16



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


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



16



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:




3) Left and Right Side, Rear


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 12-

202.)

REJECT VEHICLE IF:




4) Rear


Two red reflectors on rear body within 12 inches of lower right and lower

left corners. (See IVC Section 12-202.)



16



REJECT VEHICLE IF:




f) SEAT, DRIVER'S


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.


16



Section 438.APPENDIX D Seat Belts through Suspension System

a) SEAT BELTS


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.


b) STEERING SYSTEM

1) GENERAL REQUIREMENTS


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.


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2) STEERING WHEEL FREE PLAY


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" 2" 4½"

18" 2¼" 4¾"

20" 2½" 5¼"

22" 2¾" 5¾"


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REJECT VEHICLE IF:

Steering wheel freeplay is beyond specified limits listed above.

3) STEERING COLUMN


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


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.


16



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


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


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:


16



Wheel bearing movement exceeds ¼ inch.

King pin movement exceeds:

Wheel Size

(in inches)

Max. Allowed

(in inches)

16 or less ¼

16.1 to 18 ⅜

over 18 ½

King pins or fasteners are damaged, loose or missing.

7) STEERING GEAR BOX


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


The pitman arm on the steering gear output shaft must be securely

attached.


16



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


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


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.


16



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


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



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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


If vehicle is equipped, inspect the following components:

Shock absorbers;

Struts;

Mounts;

Mounting bolts; and

Rubber bushings.


16



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


Visually inspect:

Spring;

Control arms; and

Torque arms.

REJECT VEHICLE IF:

Coil is:

Missing.

Disconnected.

Broken.

Has loose bushings.

Is welded.

Is damaged.


16



B) Leaf


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.


16



Any leaves are cracked or missing.

Any shackle, shackle pins, hangers or U-bolts are worn, loose or

missing.

C) Torsion Bar


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.


16



D) Air Suspension


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.


16



Section 438.APPENDIX E Tires through Wiring System

a) TIRES

1) Tires on Any Steering Axle of a Power Unit


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.


16



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.


16



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


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.


16



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.


16



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


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 12-

702(a).)

REJECT VEHICLE IF:

Warning devices are missing.

Warning device kit is not complete.

c) WHEELS AND RIMS

1) Housings


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.


16



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


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.


16



Lock or side rings are mismatched.

3) Wheels and Rims


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)


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


16




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


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


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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).


16



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


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


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


Inspect the wires, supports and connections in the wiring system.


16



REJECT VEHICLE IF:

Wiring is frayed.

Wiring contacts any moving part of the vehicle.


16



Section 438.APPENDIX F Special Requirements for Buses (Vehicles Manufactured to

Transport 11 or More Passengers, Including the Driver)

a) 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.

b) 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


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


16



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


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


16



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


Emergency exits must maintain an opening of at least 19" high by

13" wide.

REJECT VEHICLE IF:

Emergency exits are obstructed.

D) PROPER OPERATION


Operate emergency exit doors and windows.

REJECT VEHICLE IF:

Emergency exit door or window does not readily open and close.

2) FIRE EXTINGUISHER


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:


16



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)


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 (K-

12) 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.


16



"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


Inspect the bus for the presence of the following prohibited

lights or lenses:


16



Functioning strobe light (not required to be removed).

Yellow and/or red alternately flashing warning lights.

Red lenses on the front of the bus.


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.


16



5) SEATS, PASSENGER AND DRIVER


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


Inspect the bus for the presence of the following prohibited items:

Stop signal arm panel; and

Paint that resembles national school bus glossy yellow.


16



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


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.


16



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.


16



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


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:


16



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


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


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.)


16



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


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



16



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


Inspect frame for cracks.

REJECT VEHICLE IF:

Frame is cracked.

iv) FUEL SYSTEM


Inspect fuel system for leaks.

REJECT VEHICLE IF:

Fuel system leaks.

v) HORN


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:


16



Horn control is missing or defective.

Horn is not audible.

vi) LIGHTS


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


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:


16



Bearings on the vehicle bind when the handle bars are

turned.

Head bearing assembly is loose.

viii) SUSPENSION


Inspect the suspension for broken or loose components.

REJECT VEHICLE IF:

Suspension components are broken, loose or do not

function properly.

ix) SWITCHES


Inspect the headlamp and key switches.

REJECT VEHICLE IF:

Wiring to switches is frayed or switches do not function.

x) TIRES


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.


16



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


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.


16



xi) WHEELS AND SPOKES


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


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:


16



Driver does not present an SOS validated and completed copy of

the Driver Education License Plates Request/Renewal form.

B) DUAL CONTROL SERVICE BRAKES


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


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.


16



D) IDENTIFICATION SIGN OR SIGNS


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 13-

101.)

REJECT VEHICLE IF:

Identification sign is missing.

Sign is not visible from the front and the rear of the vehicle.


16



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.

Check registration plates on ambulance.

REJECT VEHICLE IF:

Ambulance does not display ambulance license plates.

2) LIGHTS AND LAMPS


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 0 000 00

AMBULANCE


16



3) SIREN


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


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


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


16



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


If the vehicle is equipped with an operating lift or ramp, wheelchair

securement anchorages and wheelchair securement devices must be

present.


16



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


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


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.


16



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


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


Visually inspect braking system for leaks.


16



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


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


Inspect frame for cracks.

REJECT VEHICLE IF:

Frame is cracked.

4) FUEL SYSTEM



16



Inspect fuel system for leaks.

REJECT VEHICLE IF:

Fuel system leaks.

5) HORN


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


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.


16



If vehicle is so equipped, front turn signals are not amber.

7) STEERING HEAD BEARINGS


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


Inspect the headlamp and key switches.

REJECT VEHICLE IF:

Wiring to switches is frayed.

Switches do not function.

9) SUSPENSION


Inspect the suspension for broken or loose components.

REJECT VEHICLE IF:

Suspension components are broken, loose or do not function properly.

10) TIRES


16




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


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



16



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.


16



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


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


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


Inspect for at least one fire extinguisher that displays an Underwriters'

Laboratories rating of 4 BC or larger.


16



REJECT VEHICLE IF:

Fire extinguisher is missing.

Fire extinguisher does not meet minimum rating requirement of 4 BC.

d) SLING STRAPS


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.)


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.


16



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


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


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.


16



Winch is not securely attached to the vehicle.


16


NOTICE OF PROPOSED REPEALER

1) Heading of the Part: Official Testing Stations



448.5 Repealed

448.10 Repealed

448.15 Repealed

448.20 Repealed

448.30 Repealed

448.40 Repealed

448.50 Repealed

448.60 Repealed

448.70 Repealed

448.80 Repealed

448.90 Repealed

448.100 Repealed

448.110 Repealed

448.120 Repealed

448.130 Repealed

448.APPENDIX A Repealed

448.EXHIBIT A Repealed

448.ILLUSTRATION A Repealed

448.ILLUSTRATION B Repealed

448.ILLUSTRATION C Repealed

448.ILLUSTRATION D Repealed

448.ILLUSTRATION E Repealed

448.ILLUSTRATION F Repealed

448.ILLUSTRATION G Repealed

448.ILLUSTRATION H Repealed

448.APPENDIX B Repealed

448.APPENDIX C Repealed

448.APPENDIX D Repealed

448.APPENDIX E Repealed

448.APPENDIX F Repealed

448.APPENDIX G Repealed

448.APPENDIX H Repealed

448.APPENDIX I Repealed

448.APPENDIX J Repealed


16



448.ILLUSTRATION A Repealed

448.ILLUSTRATION B Repealed

448.EXHIBIT A Repealed

448.EXHIBIT B 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.


rulemaking: None




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.


rulemaking: Any interested party may submit written comments or arguments

concerning this proposed repealer. Written submissions shall be filed with:

By U.S. Mail:


16



Ms. Catherine Allen



P.O. Box 19212


217/785-3031

JCAR requests, comments and concerns regarding this rulemaking shall be addressed to:

Ms. Sannaz Etemadi

Assistant Chief Counsel


Office of Chief Counsel

2300 South Dirksen Parkway, Room 313


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.



affected: This rulemaking affects small businesses, small municipalities and not-

for-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.

14) Regulatory Agenda on which this rulemaking was summarized: None

The full text of this Proposed Repealer begins on the next page:


16




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


16



448.APPENDIX H Rejected Vehicles

448.APPENDIX I Defective, Mutilated or Replacement Certificate of Safety Report

448.APPENDIX J Vehicle Inspection Report

448.ILLUSTRATION A Second Division Vehicle Certificate of Safety

448.ILLUSTRATION B Placement of Second Division Vehicle Certificate of Safety

on Vehicle

448.EXHIBIT A Rebuilt Vehicles

448.EXHIBIT B 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


Department of Transportation

2300 South Dirksen Parkway

Springfield, Illinois 62764

or

Telephone Number 217/782-2920


16



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 Massachusetts Pennsylvania

Colorado Mississippi Rhode Island

Delaware Missouri South Carolina

District of Columbia Nebraska South Dakota

Florida New Hampshire Texas

Georgia New Jersey Utah

Hawaii New Mexico Vermont

Indiana New York Virginia

Kentucky North Carolina West Virginia

Louisiana Oklahoma Wyoming

Maine


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.


16



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.


16



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:


16



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;


16



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) 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.

2) The dimensions represented by each photograph shall be noted on the

reverse side of the respective photograph.

e) 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.


16



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.


16



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.


16



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

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.

a) Minimum

Dimensions

Lane Classification

C*** A*** B D

Door Height 14' 12' 8' 12'

Door Width 12' 10' 8' 10'

Lane Height 14' 12' 8' 12'

Lane Width 14' 14' 12'6" 14'

Lane Length 64' 64' 30'*/40'** 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.


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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


16



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


16



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.


16



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.


16



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


16



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


16



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.)


16



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.


16



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:


16



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.)

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.

g) 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


16



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.


16



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


16



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


DC TL OK

Sangamon County Illinois

2) 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.

3) You may pick up a Certificate reorder by presenting a completed order

card, Form No. SVI-1274, at:



16



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.


16



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.

c) 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


16



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 left-

hand 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


16



you to repair or adjust the defect, do so. Then retest only those items

which were defective, and complete field #19, #20, and #21.

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.

d) 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


16



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


16



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) 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

2) 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.

c) 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.


16



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.

d) 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


16



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.


16



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.


16



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.


16



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


16



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.

CIRCUMFER-

ENCE 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.


16



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 –

CIRCUMFER-

ENCE

(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 –

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 –

A 3/32 inch (2.4 mm) or wider space between adjacent

tread elements.


16



TREAD

GROOVE –

DEPTH

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

A molded hump that stands 2/32 of an inch (1.6 mm)

above the bottom of a tread groove.

14.4.2 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 REJECT VEHICLE IF:

A. 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).


16



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.

AGENCY NOTE: "Bald"

means without a groove (See

definition of groove).

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".

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.


16



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."

(See definition of "recut" and

"regroove").

E. Inspect tires for legible markings

showing size designation and

carcass construction.

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.

E. A tire on a road wheel does not

exhibit a legible size marking and

a legible construction marking.

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.

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.

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


16



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. POWER STEERING A.

1. Inspect power steering belts for

proper condition and tension.

1. Belts are badly frayed or

cracked on inner edge.


16



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.

B. BINDING OR JAMMING

Turn steering wheel through a full right

and left turn and feel for binding or

jamming conditions.

B. Binding or jamming occurs

other than at stops.

C. LASH OR FREE PLAY. (Fig. 14-7). 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.

TABLE 14-1, STEERING WHEEL

FREE PLAY VALUES

Steering wheel

maximum

diameter

(inches)

Lash (inches)

measured at

maximum

circumference

18 or less 2

18 2 ¼

20 2 ½

22 2 ¾


16



D. COLUMN JACKET AND SUPPORT

BRACKET

Visually inspect to determine that column

support bracket is properly tightened and

all bolts are present.

D. Column support bracket is not

properly tightened or bolts are

missing.

E. STEERING SHAFT MOVEMENT.

Grasp steering wheel with both hands and

attempt to move vertically

E. Steering shaft moves up and

down.

F. STEERING WHEEL

Inspect steering wheel condition.

F. Any spokes are missing or if

reinforcement is exposed.

G. HORN CONTROL

Inspect for presence of horn control.

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).

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

as to load any ball joints, grasp the front

tire top and bottom. Rock it in and out,

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).

Relative movement between drum and

backing plate, measured at the tie, is ¼

inch or more.


16



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 REJECT VEHICLE IF:

A. For trucks with single "I" beam or

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. 14-

11).

A. Measurement is found to be in

excess of:

Rim Diameter

16" or Less ¼"

17" and 18" ⅜"

over 18" ½"

AGENCY NOTE: 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.


16



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 REJECT VEHICLE IF:

B. 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.

B. Excessive play is found in drag

link, tie rod ends, steering box,

etc.

14.10 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.


16



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 REJECT VEHICLE IF:

A. SPRINGS

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.)

A. 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.

14.11 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. TOE–IN, TOE–OUT (Fig. 14-15).

With wheels held in a straight ahead

position, drive vehicle slowly over

the approved drive-on side slip

indicator.

A. More than 30 feet per mile on

the approved side slip indicator.

14.12 SHOCK ABSORBERS

PROCEDURE – SHOCK ABSORBERS REJECT VEHICLE IF:

A. With vehicle on level surface,

bounce one corner of vehicle and

determine the number of times

vehicle bounces before leveling off.

A. Vehicle continues bouncing

more than two cycles, indicating

loss of shock absorber function.


16



B. With vehicle on a hoist or jacked

up, visually inspect shock absorbers

for excessive leakage, looseness of

mounting, brackets, and bolts.

B. Severe Leakage (not slight

dampness) occurs.

C. PHYSICALLY GRAB upper and

lower portion of shock inspecting

for looseness in rubber bushing,

mounting brackets, or bolts.

C. Mounting bolts or mounts are

broken or loose, or rubber

bushing is partially or

completely missing.

14.13 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 REJECT VEHICLE IF:

A. 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.

A. Air begins to flow into system

before 55 P.S.I. is indicated on

pressure gauge.

B. 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.)

B. Vehicle is resting on one or both

axles, or the vehicle is not level

(tilting to left or right).

C. With air in system at normal

operating pressure, inspect hoses,

connections, bellows for leaks and

C. Air leakage rate is greater than 3

P.S.I. in 5 minute time period.


16



excessive deterioration. (Open air

operated doors and apply service

brakes fully.) (Fig. 14-16 and 14-

17.

D. 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. Any bulb in any required lamp

or light fails to function

properly.

1. Head lamps: 2 or 4 white or amber B. An improperly connected circuit

does not light the proper

filaments for the different switch

2 positions.

2. Turn Signals: (front) white or amber

3. Turn signals: (rear) (2) red or amber C. A lens is cracked, broken, or

missing.

4. Turn signals: (front) 2 double face

(front lens white or amber, rear lens

red or amber.)

D. A lens is rotated, upside down,

wrongside out, or is otherwise

incorrectly installed.

5. Tail lamps: 2 red, one each on left and

right rear.

E. A lens marked "left" or "right"

is not appropriately installed.

6. Stop lamps: 2 red, one each on left

and right rear. (Vehicles

F. A headlamp or fog lamp has dirt

or moisture inside, any obvious


16



manufactured before 1968 may have

1 red stop lamp.)

discoloration, contamination or

reflector deterioration.

7. Registration plate lamp:

1 white.

G. A lamp or light is not securely

fastened to the vehicle.

8. Parking lights: (front) white or

amber. (Vehicles manufactured

before 1968 may have 1 parking light

on front.)

H. A lamp or light shows a beam of

color contrary to law or

regulations.

AGENCY NOTE: Tail lamps must

operate in conjunction with front

headlights and parking light(s).

I. There are any defects in wiring

or lighting equipment that

would be likely to influence

adversely the effectiveness of

the lighting performance.

AGENCY NOTE: Clearance and

identification lights are not required to

operate off of same switch as head lamp.

J. Any auxiliary equipment

placed on, in, or in front of the

head lamp is not a part of the

original approved equipment.

AGENCY NOTE: Stop lamps should be

checked with tail lamps illuminated to

determine whether they are properly

wired.

K. Beam indicator lamps do not

indicate the proper beam to the

driver and do not function

properly.

L. Any lamp or lens is turned or

inclined so that its light is not

properly directed.

M. 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.

N. 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.


16



0. Parking lights fail to function

properly.

14.15.1 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, 1-

217).

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)


16



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 life-

endangering 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. 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.

Check Rescue Vehicle or

Ambulance for required siren and

lamp.

Ambulance does not display special

"ambulance" plates.

Required siren or lamp is absent or not

in working condition.

B. 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.


16



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


16



All turn signals do not operate from

same control.

Check vehicular hazard warning

system. (Sometimes called "4-way

flashers.")

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.

C. 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


16



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 REJECT VEHICLE IF:



missing.


16



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:



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) Remove ice or mud from headlights.

(2) See that no tire is noticeably deflated.

(3) Check springs for sag or broken leaves.

(4) Check functioning of any "level-ride" control.

(5) Clean lenses.

(6) Check for bulb burn out and proper beam switching.


16



(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. UPPER BEAM AIM

Applies only to 5¾ inch Type "1"

sealed beam headlamp units.

A. Headlamp out of aim.

B. 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.

B. Headlamp out of aim.


16



14.22 FRAME, CAB, AND BODY.

PROCEDURE – FRAME, CAB AND

BODY

REJECT VEHICLE IF:

A. Inspect frame and cross member

assembly of chassis.

A. Frame or cross member is

broken or missing.

B. Visually check cab and body

attachment.

B. 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.

C. Check fuel tank(s) to make certain

secured to vehicle, and that cap(s) are

present and capable of being

tightened.

C. 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.

D. Proper functioning of tractor 5th

wheel (if vehicle so equipped).

D. Cracked or operating mechanism

is loose, jams, or has badly worn

locking jaws.

E. PROTRUDING OBJECTS.

Inspect for torn metal parts, moldings,

etc., which may protrude from

vehicle.

E. 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.

F. BUMPERS.

Inspect bumpers for hazardous

condition or unsafe mounting. (If

vehicle is so equipped, inspect rear

bumper.)

F. 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.)


16



G. FENDERS.

Inspect for removal of front or rear

fenders.

G. Any fender is missing.

H. DOORS.

Inspect door latches, locks, hinges,

and handles for proper operation,

fastening, bad adjustment, broken or

missing component. (Try doors and

locks.)

H. Doors or door parts are missing,

broken, or sagging so that the

door cannot be properly

operated.

AGENCY NOTE: Vehicles

originally designed and built

with doors, must have doors.

I. HOOD.

Open hood and inspect safety catch

for proper operation. Close hood and

inspect for proper full closure.

Check hinges for proper operation.

I. 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.

J. FLOOR, FIRE WALL, AND

OCCUPANT COMPARTMENT.

Inspect floor, fire wall, and occupant

compartment.

J. 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.

K. SEAT(S)

Inspect seat(s) for proper operation

of adjusting mechanism and to see

that they are securely anchored to

floor.

K. Seat(s) not securely anchored to

floor or adjusting mechanism

slips out of position when

braking or steering.

14.23 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


16



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 REJECT VEHICLE IF:

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.

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.

B. INTERIOR REARVIEW MIRROR

From the driver's position, visually

inspect interior mirror for proper

mounting, location, cracks, sharp

edges, and ease of adjustment.

4. Mirror missing.

5. Forward vision is unsafely

obstructed by mirror assembly.

C. 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.)


16



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. 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.

B. Inspect rubber element of blade(s). B. Blade(s) exhibits damaged, torn,

hardened, or physical

breakdown of rubber wiping

element.

C. Inspect metal parts of wiper blade(s)

or arm(s).

C. Parts of blades or arm(s) are

missing, severely damaged, or

contacting glazing.

D. Raise arm away from windshield and

release.

D. Arm fails to force the blade to

contact the windshield firmly.

14.25 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

REJECT VEHICLE IF:

A. Inspect for proper operation of hand

or foot control and an effective

amount of fluid delivered to the

A. 1. System fails to function.

2. Fluid in system is frozen.


16



outside of the windshield opposite

each outboard front seating position.

3. System not capable of

cleaning an effective wash

area.

AGENCY NOTE: 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.

14.26 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 REJECT VEHICLE IF:

INSPECT

A. For materials in window openings

other than glass.

A. Plywood, cardboard, or other

opaque material is used in any

window not blocked by

permanently installed body or

equipment.

B. All glazing for proper location in

vehicle. Vehicles must have

approved glazing installed in those

B. Glazing not installed in

nonblocked window or improper

grad of glazing installed.


16



areas where glazing had been

installed by the vehicle manufacturer.

AGENCY NOTE: See Table

14.2 and vehicle glazing guide

(Fig. 14-19).

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.)

C. 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. 14-

19).

2. Side Vents, Front Door Windows,

and Side Windows.

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.


16



3. Nonblocked Rear Window. (See

Sec. 14.23).

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.

D. For posters, labels, advertising. D. 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.

E. For window application, reflective

material, non-reflective material or

tinted film on vehicles manufactured

during or after 1982.

E. 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.


16



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.

Side mirrors are not present.

Tinted film is acceptable 6 inches

from top of windshield.

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)

14.27 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 REJECT VEHICLE IF:

INSPECT

A. EXHAUST SYSTEM.

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.


16



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.

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.

B. FUEL SYSTEM.

For leaks and secure mounting (fuel

tank(s), support straps, tube clamps,

fuel tank vent hoses and tubes.)

B. 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.


16



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. 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.

B. 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.

C. Any motor vehicle having more than one axle which has 2

wheel brakes only SHALL BE REJECTED.


16



D. Any trailer or semitrailer with a gross weight of 5,000 pounds

or more shall have service brakes on all road wheels. Reject


E. 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


14.28.3 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.

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.

B. 1. Lamp fails to light when

proper procedure is followed.

2. Apply heavy force (about 125

lbs. or as in a "panic" stop) to

2. Pedal moves toward floor

while heavy force is


16



brake pedal for 15 seconds with

engine running on vehicle

equipped with power assist

brakes. DO NOT "PUMP

PEDAL.

maintained for 15 seconds

(indicates leakage in system).

Pedal moves to floorboard or

other pedal-stop (indicates no

reserve).

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.

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. Visually check hose and tube

supports.

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.

C. VACUUM SYSTEM.

1. Inspect tank(s), chambers, hoses,

connectors, clamps, and air cleaner.

C. 1. Any component is restricted,

collapsed, scraped, cracked,

loose, or broken. Air cleaner

is clogged sufficiently to

prevent proper air intake.

2. Inspect supports and attachments. 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. Inspect for tractor-trailer brakes

working in conjunction.

3. Brakes do not work together

off of one pedal.

4. With engine off, repeatedly apply

service brakes until vacuum is

destroyed; with medium pressure

4. Foot pedal does not fall away

from foot when engine is

started; insufficient vacuum


16



on foot pedal, start engine;

release brake and operate engine

until maximum vacuum is

established; stop engine; apply

service brakes, hard.

AGENCY NOTE: Brakes on towed

unit(s) of combination vehicles

must be connected and operated

during this test.

reserve to permit one full

service brake application

after engine is off without

actuating "Low Vacuum"

indicator; valve or diaphragm

leaking.

5. Apply brake; start engine; after 1

minute of running engine check

"Low Vacuum" indicator, if

vehicle is so equipped.

5. Indicator shows "Low

Vacuum".

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.

D. 1. Low pressure warning device

(light or buzzer) fails to

function before pressure is

lowered to 50 PSI.

2. Close drain cocks and run engine

at fast idle. Record time to raise

air pressure from 50-90 PSI on

gauge.

2. Time required to build

pressure from 50-90 PSI at

fast idle is more than 5

minutes.

3. Continue running engine and

observe gauge pressure when

governor cuts out.

3. Governor cut-out pressure is

higher than 135 PSI or

vehicle manufacturer's

maximum recommendation.

4. With system fully charged, note

reservoir pressure gauge reading;

stop engine: make one full,

maximum brake application;

release brakes; note pressure

gauge reading.

4. Reservoir pressure drops

below 80% of initial gauge

reading.


16



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.

5. Governor cut-in pressure is

lower than 80 PSI or vehicle

manufacturer's

recommendation.

6. Hoses, tubes, connectors, tanks,

chambers, supports and

attachments, air cleaner, safety

valves, and air compressor belt.

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. With the air reservoir(s) fully

charged and engine stopped,

fully apply the service brake and

hold for 1 minute and watch

pressure gauge.

7. Pressure drop in 1 minute is

more than

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.


16



F. PARKING AND EMERGENCY

BRAKE

AGENCY 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.

F. 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.

2. Actuating mechanism not

fully released when parking

brake release control is

operated properly.

G. BREAKAWAY DEVICES

TRAILERS AND SEMITRAILERS

OVER 5,000 POUNDS.)

Disconnect trailer or semitrailer

brake system so as to actuate

breakaway device(s). Try to move

trailer or semitrailer.

G. Not equipped with breakaway

device. Breakaway device does

not cause brakes to hold trailer

or semitrailer.

H. SEPARATE MEANS OF

BRAKING

Each breaking system must apply

brakes to at least 2 wheels.

H. Not equipped with 2 separate

means.

Separate means are

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.


16



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. 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.

A. 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

Minimum total Force 2,400 lbs.

B. Note whether braking forces at

opposite wheels on the same axle,

B. Braking force at wheel(s) on the

side registering the lower

braking force is less than 80% of


16



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).

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).

14.29.2 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


16



the braking force at wheel(s) on

"high" side.

C. Total braking force cannot be

determined on this type of machine

UNTIL ALL AXLES HAVE BEEN

TESTED and results added for a total.

C. Total of all braking forces is less

than 60% of empty weight of the

vehicle.

D. Apply EMERGENCY BRAKE (i.e.,

the 2nd of the 2 separate means of

apply brakes) just to the point where

wheels will lock.

D. 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.

14.30 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.


16



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. 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".

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. 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.)

B. Answer is "YES" and vehicle

carries a fusee, flare flame

lantern, or other emergency

device capable of giving a signal

produced by flame.

14.31 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 REJECT VEHICLE IF:

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

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


16



suburban district, or on a controlled access

highway.

from parting from the drawing

vehicle.

14.32 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.


A. Width of splash guards. A. Not as wide as the tread of the

tire(s).

B. For required number. B. Not equipped with two.

C. Condition of splash guards. C. 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 anti-

sail).

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


16



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


16



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


16



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:

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).

Alarm system does not conform to

each requirement.

Label or nameplate wording:

is wrong or incomplete, or

Indicates Type D or E on alarm with;

No sound adjustment, or Manual

sound adjustment.

14.35 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) Letters at least 2 inches in height, that

2) Contrast with color of background, and show

3) Name, address, and telephone number of either its owner or its

operator.

B. Every tow-truck shall carry at least:


16



1) 1 broom,

2) 1 shovel,

3) 1 trash can at least 18 inches in height, and

4) 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.

C. Every tow-truck cab shall contain a certificate of either bond or

insurance. The certificate shall show liability coverages of:

1) $100,000 or more for injury of any one person and $300,000 or

more for injury of persons in any one accident, plus

2) $50,000 or more for damage to property other than a towed

vehicle, plus

3) $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 tow-

truck 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


16





Section 448.ILLUSTRATION A Tires


16




16





Section 448.ILLUSTRATION B Tire and Steering Wheel Limits


16




16





Section 448.ILLUSTRATION C Suspension Components


16




16





Section 448.ILLUSTRATION D Steering Components


16





Section 448.ILLUSTRATION E Air Suspension Components


16




16





Section 448.ILLUSTRATION F Guide to Lighting Requirements


16




16





Section 448.ILLUSTRATION G Glazing Chart

Table 14.2 Position of Glazing in Motor Vehicles

Glazing Material Applicable When Marked

With "AS" Designation Indicated Below

At Positions needed

for Driving Visibility

At Positions Not

needed for Driving

Visibility

PASSENGER CARS Windshields 1, 10 1, 10

Interior Partitions,

Auxiliary Wind

Deflectors

1, 2, 4, 10, 11 1, 2, 3, 4, 5, 10, 11,

12, 13

Flexible Curtains,

Readily Removable

Windows, Ventilators

Used in Conjunction

with Readily

Removable

Windows, Rear

Windows in Tops of

Convertible Cars

1, 2, 4, 6, 10, 11 1, 2, 3, 4, 5, 6, 7, 10,

11, 12, 13

Openings in Roofs

Not Required for

Driving Visibility

______

1, 2, 3, 4, 5, 10, 11,

12, 13

All Other Glazing

Except as Listed

Above

1, 2, 10, 11 1, 2, 3, 10, 11

TAXICABS Windshields 1, 10 1, 10

Interior Partitions,

Auxiliary Wind

Deflectors, Windows

in Rear Doors

1, 2, 4, 10, 11 1, 2, 3, 4, 5, 10, 11,

12, 13

Openings in Roofs ______ 1, 2, 3, 4, 5, 10, 11,


16



Not Required for

Driving Visibility

12, 13

Flexible Curtains,

Readily Removable


Used on Conjunction

with Readily

Removable Windows

1, 2, 4, 6, 10, 11 1, 2, 3, 4, 5, 6, 7, 10,

11, 12, 13

All Other Glazing

Except as Listed

Above

1, 2, 10, 11 1, 2, 3, 10, 11

TRUCKS AND

TRUCK TRACTORS

Windshields 1, 10 1, 10

Windows to

Immediate Right and

Left of Driver

1, 2, 10, 11 1, 2, 3, 10, 11

Rearmost Window 1, 2, 8, 10, 11 1, 2, 3, 4, 5, 8, 9, 10,

11, 12, 13

Glazing to Rear of

Driver Where Other

Means to Afford

Visibility of the

Highway is Provided

______

1, 2, 3, 4, 5, 8, 9, 10,

11, 12, 13

Folding Doors 1, 2, 4, 8, 10, 11 1, 2, 3, 4, 5, 8, 9, 10,

11

All Other Glazing

Except as Listed

Above

1, 2, 10, 11 1, 2, 3, 10, 11

BUSSES Windshields 1, 10 1, 10

Glazing to Immediate

Right and Left of

Driver

1, 2, 10, 11 1, 2, 3, 10, 11

Rearmost Window 1, 2, 8, 10, 11 1, 2, 3, 8, 9, 10, 11,

Interior Partitions and

Auxiliary Wind

Deflectors

1, 2, 4, 10, 11 1, 2, 3, 4, 5, 10, 11,

12, 13

Folding Doors 1, 2, 4, 8, 10, 11 1, 2, 3, 4, 5, 8, 9, 10,

11

Standee Windows ______ 1, 2, 3, 4, 5, 8, 9, 10,


16



11, 12, 13

Openings in Roof

Not Required for

Driving Visibility

______

1, 2, 3, 4, 5, 10, 11,

12, 13

Flexible Curtains,

Readily Removable


Used in Conjunction

with Readily

Removable Windows

1, 2, 4, 6, 10, 11 1, 2, 3, 4, 5, 6, 7, 10,

11, 12, 13

All Other Glazing

Except as Listed

Above

1, 2, 3, 10, 11 1, 2, 3, 10, 11

HOUSE TRAILERS,

SLIDE-IN

CAMPERS, PICKUP

SHELLS,

PROPERTY-

CARRYING

TRAILERS

All Glazing 1, 2, 3, 4, 5, 6, 7, 8, 9,

10, 11, 12, 13

MOTORCYCLES

AND TRUCKSTERS

Windscreens 1, 6, 10, 11 1, 6, 7, 10, 11, 12*,

13*

* Only at heights less than 15 inches above

top of operator's seat when seat is in

lowest position.

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.


16





Section 448.ILLUSTRATION H Glazing Illustrations


16



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.

1. One (1) white or amber headlamp.

B. Any bulb in any lamp

required by law fails to

function properly.

2. One (1) red tail lamp. C. A lamp is not securely

fastened to vehicle.

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.

D. A lamp shows a beam of

color contrary to law or

regulation.

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


16



accessible to driver.)

15.5 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.

15.6 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


16



driver's critical view

area when shut off.

2. Wiper smears or

severely streaks

windshield.

B. Inspect rubber element of blade. B. Blade exhibits damaged,

torn, hardened, or phy-

sical breakdown of rubber

wiping element.

C. Inspect metal parts of wiper blade

or arm.

C. Parts of blade or arm are

missing, severely dam-

aged or contacting

glazing.

D. Raise arm away from windshield

and release.

D. Arm fails to force the

blade to contact the

windshield firmly.

15.7 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.

A.,B.,

& C.

1. Mirror not mounted on

stable support or is

loosely mounted.

2. Mirror obscured by a

pillar or unwiped por-

tion of windshield.

3. Mirror cracked, pitted,

or clouded.

4. Mirror missing.

B. INTERIOR REARVIEW

MIRROR. From the driver's

position, visually inspect interior

mirror for proper mounting,

location, cracks, sharp edges, and

ease of adjustment.

5. Forward vision is un-

safely obstructed by

mirror assembly.

C. If interior rearview mirror does


16



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 DOORS.

PROCEDURE – DOORS REJECT VEHICLE IF:

A. If vehicle is equipped with doors,

check visually.

A. Doors obstruct side view,

or fail to operate prop-

erly.

15.9 BRAKES.


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. 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.

B. PARKING AND EMERGENCY

BRAKE.

B. 1. Not equipped with

parking and emer-


16



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.

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.

2. Actuating mechanism

not fully released when

parking brake release

control is operated

properly.

15.10 SWITCHES AND CONTROLS.

PROCEDURE – SWITCHES AND REJECT VEHICLE IF:

CONTROLS

A. Visually check. A. Not within reach of the

seated driver.

Not functioning properly.

15.11 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.


16



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 REJECT VEHICLE IF:

A. Visually Check. 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.

16.3 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.


16



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 REJECT VEHICLE IF:

A. 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.

16.4 EXHAUST SYSTEM.

PROCEDURE – EXHAUST SYSTEM REJECT VEHICLE IF:

A. Visually check. A. Exhaust system does not

extend to the rear of the

bumper or to the rear of the left

or right rear wheels.

16.5 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 REJECT VEHICLE IF:

A. Visually check. A. Fire extinguisher not present,

less than rating specifications,

not fully charged, or not

readily accessible.

16.6 MIRRORS.

All buses shall be equipped with:


16



A. One interior mounted rearview mirror, minimum 6" x 30", and

B. Two adjustable exterior rearview mirrors, one to the left and one to the right,

each rectangular 5 inch by 10 inch minimum.


A. Check interior and exterior rear-view

mirrors for correct location, stable

mounting, cracks, sharp edges,

unnecessary protrusion, and ease of

adjustment.

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 REJECT VEHICLE IF:

A. Visually check. A. Seats not securely anchored to

floor, or seat covering material

in poor condition.


16



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

REJECT VEHICLE IF:

A. Visually check. A. Steps or floor covering

materials ripped, torn, or in

unsafe condition.

16.9 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 REJECT VEHICLE IF:

A. Visually check. 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.

16.10 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:


16



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.


16



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.)


A. Test dual brake system in

accordance with procedures

outlined in Appendix A of

these Rules.

A. Not equipped with a dual system or dual

system is inoperative. Dual brake

system does not meet the standards

outlined in Appendix A.

17.3 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 REFJECT VEHICLE IF:

A. Visually check sign or signs. A. Sign(s) not provided or not visible from

front and rear.

17.4 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


16



in this Part, a Certificate of Safety must be affixed in the location prescribed in 92 Ill.

Adm. Code 448.100.


16



Section 448.APPENDIX E Requisition for Certificates of Safety and Lane Forms

STATE OF ILLINOIS


VEHICHLE INSPECTION SECTION

2300 SOUTH DIRKSEN PARKWAY

REQUISITION FOR:

1. Certificates of Safety

2. Lane Forms

SPRINGFIELD, ILLINOIS 62764

PHONE: 217/782-2920

PLEASE FURNISH THE FOLLOWING ITEMS Station No. Telephone No. Date

VIR-1

Vehicle Inspection

Report Name of Station

MSR-1-75-T

Monthly Station Report

(Truck) Address

MSR-1-75-B

Monthly Station Report

(Bus) City or Town Zip Code

SV1-1241

Report of Lost or Stolen

Safety Certificates Signature of Authorized Person

SV1-1274

Requisition Card for

Supplies

SV1-1280

Defective, Mutilated or

Replacement C/S Report

PLEASE FURNISH THE FOLLOWING C/S'S AND/OR NUMERALS

# 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)


16



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) (4)

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)

E. Total number of defective and mutilated C/S

(also report on Form SV1-1280) (7)

F. Total Items C, D, and E (8)

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) (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.


16



Send this report, together with all unused C/S, by Certified Mail, to:

Vehicle inspection Section


2300 South Dirksen Parkway


MSR-1-76-T Revision No. ½-76


16



Section 448.APPENDIX G Report of Lost or Stolen Safety Certificates

STATION NUMBER DATE

Name of Station

Address

(Street) (City) (Zip Code)

Local Police Police

Date loss or County Sheriff Report

theft occurred State Police 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


16




2300 S. Dirksen Parkway, Room 319

Springfield, IL 62754

Administrator's Copy

SV1-1241-1


16



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.


16



FIRST TESTING

STATION

DESCRIPTION OF

MY VEHICLE

SECOND TESTING

STATION

Name Truck Name

Bus

Address Trailer Address

Tractor

City & Zip Semitrailer City & Zip

Year & Make

Date of Test Date of Test

V.I.N. (Serial No)

Cause of Rejection Certificate of

(Defects) Fleet No. Safety Number

Issued (if any)

License No.

Approved

Repairs Made by Rejected

Date Repairs

Completed

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.

SV1-1312(Rev.9/76)


16



Section 448.APPENDIX I Defective, Mutilated or Replacement Certificate of Safety

Report

ILLINOIS DEPARTMENT OF TRANSPORTATION

VEHICLE INSPECTION SECTION

2300 S. Dirksen Parkway


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

#1

Record complete serial

number before removing

from glass.

STAPLE

CERTIFICATE

HERE

#2



from glass.

C/S No.

C/S No.

STAPLE

CERTIFICATE

HERE

#3



from glass.

STAPLE

CERTIFICATE

HERE

#4



from glass.

Rem

ark

s C

/S #

1

Rem

ark

s C

/S #

2

Rem

ark

s C

/S #

3

Rem

ark

s C

/S #

4

C/S No. C/S No.


16



Vehicle Inspection Date Prepared by (print)

Station No. Signature

SVI-1280 (Rev. 1-76)


16



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. 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 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 DESCRIPTION OF MY VEHICLE SECOND TESTING STATION

Name Truck Bus Trailer Name

Address Tractor Semitrailer 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


16



SV1-1312 (Rev. 9/76)


16



Section 448.APPENDIX J Vehicle Inspection Report


16



Section 448.ILLUSTRATION A Second Division Vehicle Certificate of Safety


16



Section 448.ILLUSTRATION B Placement of Second Division Vehicle Certificate of

Safety on Vehicle


16



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.


16



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).


16

DEPARTMENT OF AGRICULTURE

NOTICE OF ADOPTED AMENDMENTS

1) Heading of Part: Diseased Animals


3) Section Numbers: Adopted Actions:

85.135 Amendment

85.140 Amendment

85.145 Amendment

4) Statutory Authority: Illinois Diseased Animals Act [510 ILCS 50]

5) Effective Date of Rules: January 22, 2016



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


16



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


217/524-6905

fax: 217/785-4505

The full text of Adopted Amendments begins on the next page:


16



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 Definitions

85.7 Incorporation by Reference

85.10 Reportable Diseases

85.12 Contagious or Infectious Diseases

85.15 Truck Cleaning and Disinfection

85.20 Disposal of Sick, Diseased, or Crippled Animals at Stockyards, Auction Markets,

or Marketing Centers

85.25 Sale of Livestock Quarantined Because of Disease

85.30 Identification Ear Tags for Livestock

85.35 Identification Tags Not to be Removed

85.40 Livestock for Immediate Slaughter Not to be Diverted En Route

85.45 Anthrax

85.50 Goats

85.55 Scrapie in Sheep and Goats

85.60 Bluetongue

85.65 Sheep Foot Rot (Repealed)

85.70 Cattle Scabies

85.75 Cattle Scabies − Additional Requirements on Cattle from Certain Designated

Areas

85.80 Sheep and Goats

85.85 Diseased Animals

85.90 Copy of Health Certificate Shall be Furnished

85.95 Requests for Permits

85.100 Consignments to Stockyards, Auction Markets or Recognized Slaughtering

Centers

85.105 Obligation of Transportation Company and Truck Operators

85.110 Additional Requirements on Cattle From Designated States

85.115 Salmonella enteritidis serotype enteritidis

85.120 Cervidae

85.125 Ratites


16



85.130 Vesicular Stomatitis

85.135 Requirements for Establishing and Maintaining a Herd Under the Voluntary

Paratuberculosis (Johne's Disease) Certification Program


Paratuberculosis (Johne's Disease) Risk Management Program

85.145 Johne's Disease Positive Animals

85.150 Importation of Animals; Permit Required

85.155 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


16



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.


16



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) "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.

b) 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 paratuberculosis-

certified 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


16



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) 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.

2) Herd owners using either the Fast Track or the Standard Track

certification program must sign a herd agreement prior to acceptance into

the program.

d) 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.


16



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


16



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:

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.

5) 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


16



the loss of certification status. The next negative test will

qualify the herd for Level 1 certification.

ii) 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.

B) 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.


16



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"


16



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 paratuberculosis-

certified 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


16



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.



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).


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


16



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.

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.



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).

d) Criteria for enrolling and maintaining cervid or goat herds under the Illinois


16



Voluntary Johne's Disease Risk Management Program.



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).


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.


16



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.



4) Herds not tested within 14 months after the last sampling will lose their

certification status.

e) 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.



16



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.



16


NOTICE OF ADOPTED AMENDMENT

1) Heading of Part: Illinois Dead Animal Disposal Act


3) Section Number: Adopted Action:

90.110 Amendment

4) Statutory Authority: Illinois Dead Animal Disposal Act [225 ILCS 610]

5) Effective Date of Rule: January 22, 2016



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.


2015


11) Differences between Proposed and Final Version: In Section 90.110, strike ", poultry,

fish," and add "including poultry or fish)".





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.


16



16) Information and questions regarding this adopted rule shall be directed to:

Susan Baatz




217/524-6905

fax: 217/785-4505

The full text of Adopted Amendment begins on the next page:


16







PART 90

ILLINOIS DEAD ANIMAL DISPOSAL ACT

Section

90.5 Definitions

90.10 Plant Facilities

90.20 Plant Premises

90.30 Annual Truck Permits (Repealed)

90.40 Truck Operator's Records (Repealed)

90.50 Odors and Insects Shall Be Controlled

90.60 Salmonella Control For Renderers and Blenders

90.70 Inspection of Premise (Repealed)

90.80 Identification of Receptacles

90.90 Records (Repealed)

90.100 Transportation and Transactions (Repealed)

90.105 Owner Transportation to Landfill

90.110 On-The-Farm Disposal

90.120 Collection Center

90.130 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,


16



other than to a licensed renderer, shall comply with the following:

a) 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].

b) 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.


16



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.

c) 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.


16



2) 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.

3) The composted material may be substituted for up to one-half of the

poultry litter and one-half of the straw.

d) Disposal of fish by composting. Persons disposing of fish by means of



16



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.

2) 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.

3) 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.


16



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.

e) Disposal of swine by composting. Persons disposing of swine by means of


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.


16



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.


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.


16



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


16



the secondary composting cycle (typically 3three months).

Temperature of the compost shall be measured using the

compost thermometer to monitor the composting process.

G) 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.

f) 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.


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.

B) An impervious, weight-bearing foundation such as concrete or

asphalt.



16





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 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.

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.


16




A) Coarse sawmill sawdust, shredded corn stalks, chopped straw,


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.


16



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


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



g) 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.


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.


16



B) An impervious, weight-bearing foundation such as concrete or

asphalt.




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 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.

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.


16



13) Records of offal additions, composter operation and land application of

finished compost shall be maintained on the premises.


A) Coarse sawmill sawdust, shredded corn stalks, chopped straw,


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


16



necessary to adjust the moisture content of the compost and

promote further composting activity.

H) Finished compost shall be agronomically distributed over land


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





16



1) Heading of Part: Swine Disease Control and Eradication Act



105.10 Amendment

105.30 Amendment

105.110 Amendment

105.120 Amendment

4) Statutory Authority: Swine Disease Control and Eradication Act [510 ILCS 100] and the

Illinois Pseudorabies Control Act [510 ILCS 90]







2015


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".





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,


16



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.


Susan Baatz




217/524-6905

fax: 217/785-4505



16







PART 105

SWINE DISEASE CONTROL AND ERADICATION ACT

Section

105.5 Definitions


105.10 Swine Entering Illinois for Feeding Purposes Only

105.20 Quarantine of Imported Feeder Swine (Repealed)

105.30 Swine Entering Illinois for Breeding Purposes

105.40 Pseudorabies (Aujeszky's Disease) in Swine (Repealed)

105.41 General Requirements for Qualified Pseudorabies Negative, Controlled

Vaccinated and Feeder Swine Pseudorabies Monitored Herds (Repealed)

105.42 Requirements for Establishing and Maintaining Qualified Pseudorabies Negative

Herds (Repealed)

105.44 Requirements for Establishing and Maintaining Pseudorabies Controlled

Vaccinated Swine Herds (Repealed)

105.46 Requirements for Establishing and Maintaining Feeder Swine Pseudorabies

Monitored Herds (Repealed)

105.50 Official Pseudorabies Test (Repealed)

105.60 Pseudorabies Test Requirements for Intrastate Movement (Repealed)

105.70 Pseudorabies Testing of Feeder Swine (Repealed)

105.80 Feeder Swine (Repealed)

105.90 Feral Swine

105.100 Feeder Swine Moving Through Pig Shows/Sales

105.110 Swine Entering Illinois for Exhibition Purposes Other Than Through Show/Pig

Sales

105.120 Illinois Exhibition Swine


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].


16



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;


16



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-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.

c) Permits:

1) 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.

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.

D) Pseudorabies vaccination status of swine.

3) Grounds for refusal to issue a permit are:

A) Violation of the Act or this Part.


16



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.


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


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;


16



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.

c) Permits:

1) Permits to import breeding swine shall be issued by telephoning or writing

the Department.


Department:

A) Name and complete mailing address of Illinois destination;

B) Name and address of consignor;

C) Number of swine in shipment; and


16





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.


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:


16



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:



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.

c) Permits:


Department:


16



A) Name and complete mailing address of Illinois destination;

B) Name and address of consignor;

C) Number of swine in shipment; and



A) Violation of the Act or this Part; and

B) Presence of a disease that might endanger the Illinois swine

industry.

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 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.


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:


16





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.



16



1) Heading of Part: Animal Disease Laboratories Act



110.30 Amendment

110.50 Amendment

110.60 Amendment

110.70 Amendment

110.90 Amendment

110.105 Amendment

110.120 Amendment

4) Statutory Authority: Animal Disease Laboratories Act [510 ILCS 10]







2015








16



15) Summary and Purpose of Rulemaking: Lab tests and associated fee schedule for the

Animal Disease Laboratory have been updated.


Susan Baatz




217/524-6905

fax: 217/785-4505



16







PART 110

ANIMAL DISEASE LABORATORIES ACT

Section

110.10 Definitions

110.20 Submitting Specimens

110.30 Payment For Laboratory Services

110.40 Tests Not Covered By Fee Schedule (Repealed)

110.50 Minimum Fees

110.60 Euthanasia Fees

110.70 Clinical Pathology/Parasitology Fees

110.80 Histopathology Fees

110.90 Microbiology Fees

110.100 Parasitology Fees (Repealed)

110.105 Serology Fees

110.110 Toxicology Fees (Repealed)

110.120 Miscellaneous Fees

110.130 Meats Chemistry Fees (Repealed)

110.140 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;


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,


16




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,


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.


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


16



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).

Weight (lbs.) Number Necropsy Fee Additional Animal Fee

0-34 3 $45 $20

35-149 2 $45 $25

150-499 1 $45 $30

500 or more 1 $60 $35

d) Spinal cord removal fees (per animal, not subject to fee cap):

1) 1-499 pounds……………………………………………...$ 45

2) 500 or more pounds……………………………………….$ 60

e) 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.


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.


16



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 10.00

101-200 15.00

201-300 20.00

301-400 25.00

401-500 30.00

501-600 35.00

601-700 40.00

701-800 45.00

801-900 50.00

Each additional

Increment of 100 10.00


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) Hematology

1) Hematocrit ..................................................................... $ 6.00

2) Erythrocyte Parasites ..................................................... 10.00

b) Chemistry

Total Protein (refractometric) ...................................................... 7.50

c) Other Tests

1) Cytology ......................................................................... 20.00


16



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


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 ...................... 35.00

1011) Listeria (cold enrichment) ..................................................... 15.00

12) Brachyspira (swine dysentery) ............................................. 12.50

1113) Johne's bacillus (Mycobact avium paratuberculosis) ........... 20.0015.00


16



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

b) 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) Food: RT-PCR test, E coli non-O157

STEC

100.00

10) Food: RT-PCR test, Listeria monocytogenes ...................... 100.00

11) Food: RT-PCR test, Listeria sp ........................................... 100.00

12) Food: RT-PCR test, Salmonella sp ..................................... 100.00

c) Virology


16



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


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


16



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


Section 110.120 Miscellaneous Fees

a) Return of shipping container ......................................................

actual

shipping cost

b) Cremation (200 pound limit)

1) Upup to 7675 pounds .................................................. $ 75.00

2) Each76 pounds and above, each additional pound 1.00


16



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 ................................................. actual cost

Horses − carcass disposal fee

f) Disposal fee for headless cattle .................................................. actual cost

gf) Chronic Wasting DiseaseChronic wasting disease

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

hg) Laboratory supplies, forms or materials .....................................

actual cost plus

shipping

ih)

Emergency fee/rush fee (outside working hours) .......................

50.00

per

accession


16



ji) CWD sample collection and head disposal fee (out-of-state

animals) ......................................................................................

5.00



16



1) Heading of Part: Meat and Poultry Inspection Act



125.145 Amendment

125.260 Amendment

125.380 Amendment

4) Statutory Authority: Meat and Poultry Inspection Act [225 ILCS 650]







2015







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:


16



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.


Susan Baatz




217/524-6905

fax: 217/785-4505



16





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 Definitions

125.20 Incorporation by Reference of Federal Rules

125.30 Application for License; Approval

125.40 Official Number

125.50 Inspections; Suspension or Revocation of License

125.60 Administrative Hearings; Appeals (Repealed)

125.70 Assignment and Authority of Program Employees

125.80 Schedule of Operations; Overtime

125.90 Official Marks of Inspection, Devices and Certificates

125.100 Records and Reports

125.110 Exemptions

125.120 Disposal of Dead Animals and Poultry

125.130 Reportable Animal and Poultry Diseases

125.140 Detention; Seizure; Condemnation

125.141 Sanitation Standard Operating Procedures (SOP's)

125.142 Hazard Analysis and Critical Control Point (HACCP) Systems

125.143 Imported Products

125.144 Preparation and Processing Operations

125.145 Control of Listeria Monocytogenes in Ready-to-Eat Meat and Poultry Products

125.146 Consumer Protection Standards: Raw Products

125.147 Rules of Practice

125.148 Quantity of Contents Labeling and Procedures and Requirements for Accurate

Weights

125.149 Label Approval

SUBPART B: MEAT INSPECTION

Section


16



125.150 Livestock and Meat Products Entering Official Establishments

125.160 Equine and Equine Products

125.170 Facilities for Inspection

125.180 Sanitation (Repealed)

125.190 Ante-Mortem Inspection

125.200 Post-Mortem Inspection

125.210 Disposal of Diseased or Otherwise Adulterated Carcasses and Parts

125.220 Humane Slaughter of Animals

125.230 Handling and Disposal of Condemned or Other Inedible Products at Official

Establishment

125.240 Rendering or Other Disposal of Carcasses and Parts Passed for Cooking

125.250 Marking Products and Their Containers

125.260 Labeling, Marking and Containers

125.270 Entry into Official Establishment; Reinspection and Preparation of Product

125.280 Meat Definitions and Standards of Identity or Composition

125.290 Transportation

125.295 Imported Products (Repealed)

125.300 Special Services Relating to Meat and Other Products

125.305 Exotic Animal Inspection

SUBPART C: POULTRY INSPECTION

Section

125.310 Application of Inspection

125.320 Facilities for Inspection

125.330 Sanitation

125.340 Operating Procedures

125.350 Ante-Mortem Inspection

125.360 Post-Mortem Inspection; Disposition of Carcasses and Parts

125.370 Handling and Disposal of Condemned or Inedible Products at Official

Establishments

125.380 Labeling and Containers

125.390 Entry of Articles Into Official Establishments; Processing Inspection and Other

Reinspections; Processing Requirements

125.400 Definitions and Standards of Identity or Composition

125.410 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].


16



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;


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


16



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


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;


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


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


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


Reg. 3933, effective February 22, 2000; peremptory amendment at 24 Ill. Reg. 5699, effective


16



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


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


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


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


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.


16



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).


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


16



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;


16



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.);


16



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);


16



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)).


16



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.


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.


16



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.


16



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.



16



1) Heading of the Part: Illinois Energy Conservation Code



600.100 Amendment

600.110 Amendment

600.120 Amendment

600.200 Amendment

600.300 Amendment

600.320 Amendment

600.340 Amendment

600.400 Amendment

600.420 Amendment

600.440 Amendment

600.APPENDIX A Amendment

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]




8) A copy of the adopted rules, including any material incorporated by reference, is on file in


9) Notice of Proposal published in the Illinois Register: 39 Ill. Reg. 12425; September 11,

2015.


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.


16




agreements issued by JCAR? Yes



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


217/524-6408

fax: 217/524-4208



16



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 Definitions

600.110 Adoption and Modification of the Code

600.120 Illinois Energy Conservation Advisory Council

600.130 Revisions to the Code

SUBPART B: STATE FUNDED FACILITIES

Section

600.200 Standards for State Funded Facilities

600.210 Request for Variance

600.220 Compliance

SUBPART C: PRIVATELY FUNDED COMMERCIAL FACILITIES

Section

600.300 Standards for Privately Funded Commercial Facilities

600.310 Exemptions

600.320 Local Jurisdiction

600.330 Compliance

600.340 Application to Home Rule Units

SUBPART D: RESIDENTIAL BUILDINGS

Section

600.400 Standards for Residential Buildings

600.410 Exemptions

600.420 Local Jurisdiction

600.430 Compliance

600.440 Application to Home Rule Units


16



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;


July 23, 2013; amended at 40 Ill. Reg. 2754, effective January 20, 2016.

SUBPART A: GENERAL


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]


16



"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:


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:


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


16



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].


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.


16



c) 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.

d) 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.


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


16



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.


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:


16



ASHRAE 90.1 Section 3.2

The terms "adopting authority" and "authority having jurisdiction" shall

both be read to mean the Capital Development Board.


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).



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.


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


16



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)]


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)]


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).


16





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.


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)].


Section 600.440 Application to Home Rule Units


16



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:

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)]

c) 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)]



16



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.


16



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


16



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.


16



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


16



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.


16



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.


16



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


16



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


16



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

CLIMATE

ZONE

FENES-

TRATION

U-FACTORb

SKYLIGHTb

U-FACTOR

GLAZED

FENES-

TRATION

SHGCb,e

CEILING

R -VALUE

WOOD

FRAME

WALL

R -VALUE

MASS

WALL

R -VALUEi

FLOOR

R -VALUE

BASEMENTc

WALL

R -VALUE

SLABd

R –VALUE

& DEPTH

CRAWL

SPACEc

WALL

R -VALUE

1 NR 0.75 0.25 30 13 3/4 13 0 0 0


16



2 0.40 0.65 0.25 38 13 4/6 13 0 0 0

3 0.35 0.55 0.25 38 20 or

13+5h

8/13 19 5/13f 0 5/13

4 except

Marine 0.35 0.55 NR 49 20 or

13+5h

8/13 19 10/13 10, 2 ft 10/13

5 and

Marine 4 0.32 0.55 NR 49 20 or

13+5h

13/17 30g

10/13 10, 2 ft 15/19

6 0.32 0.55 NR 49 20+5 or

13+10h

15/20 30g 15/19 10, 4 ft 15/19

7 and 8 0.32 0.55 NR 49 20+5 or

13+10h

19/21 38g 15/19 10, 4 ft 15/19

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 R-

value 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).


16



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

FENES- TRATION U-FACTOR

SKYLIGHT

U-FACTOR

CEILING

U-FACTOR

FRAME

WALL

U -FACTOR

MASS WALL

U-FACTOR

FLOOR

U-FACTOR

BASEMENT

WALL

U-FACTOR

CRAWL SPACE

WALL U-FACTOR

5 and

Marine 4 0.32 0.55 0.026 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).


16



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 1-

and 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.


16



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:


16



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 4-

hour 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


16



DWELLING UNIT

FLOOR AREA

(square feet)

NUMBER OF BEDROOMS

0 - 1 2 - 3 4 - 5 6 - 7 > 7

Airflow in CFM

< 1,500 30 45 60 75 90

1,501 - 3,000 45 60 75 90 105

3,001 - 4,500 60 75 90 105 120

4,501 - 6,000 75 90 105 120 135

6,001 - 7,500 90 105 120 135 150

> 7,500 105 120 135 150 165

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

25% 33% 50% 66% 75% 100%

Factor a 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 EXHAUST RATES

Kitchens 100 cfm intermittent or 25 cfm continuous

Bathrooms-Toilet Rooms 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)


16



TABLE R405.5.2(1)

SPECIFICATIONS FOR THE STANDARD

REFERENCE AND PROPOSED DESIGNS

BUILDING

COMPONENT STANDARD REFERENCE DESIGN PROPOSED DESIGN

Air Exchange Rate

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)

where:

CFA = conditioned floor area

Nbr = number of bedrooms

Energy recovery shall not be assumed for mechanical

ventilation.

For residences that are not

tested, the same air leakage

rate as the standard reference

design.

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.

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.


16



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 R-

3.5 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.


16



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.



16

DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES


1) Heading of the Part: Medical Assistance Programs



120.12 Repealed

120.14 Repealed

120.66 New Section

120.67 New Section

120.68 New Section

4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]




8) A copy of the adopted rules, including any materials incorporated by reference, is on file


9) Notice of Proposal published in the Illinois Register: January 23, 2015; 39 Ill. Reg. 1403


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)."




16




14) Are there any other rulemakings pending on this Part? Yes

Section Proposed Action Illinois Register Citation

120.61 Amendment 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.


Mollie Zito

General Counsel

Illinois Department of Healthcare and Family Services

201 South Grand Avenue East, 3rd Floor


217/782-1233

The full text of the Adopted Amendments begins on the next page:


16



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


SUBPART B: ASSISTANCE STANDARDS

Section

120.10 Eligibility for Medical Assistance

120.11 Eligibility for Pregnant Women and Children

120.12 Healthy Start – Medicaid Presumptive Eligibility Program for Pregnant Women

(Repealed)

120.14 Presumptive Eligibility for Children (Repealed)

120.20 MANG(AABD) Income Standard

120.30 MANG(C) Income Standard

120.31 MANG(P) Income Standard

120.32 FamilyCare Assist

120.34 FamilyCare Share and FamilyCare Premium Level 1 (Repealed)

120.40 Exceptions To Use Of MANG Income Standard (Repealed)

120.50 AMI Income Standard (Repealed)

SUBPART C: FINANCIAL ELIGIBILITY DETERMINATION

Section

120.60 Community Cases

120.61 Long Term Care

120.62 Department of Mental Health and Developmental Disabilities (DMHDD)

Approved Home and Community Based Residential Settings Under 89 Ill. Adm.

Code 140.643 (Repealed)


Approved Home and Community Based Residential Settings (Repealed)


16



120.64 Determination of Eligibility for Cases Subject to Modified Adjusted Gross

Income (MAGI) Methodology


Licensed Community – Integrated Living Arrangements (Repealed)

120.66 Healthy Start – Medicaid Presumptive Eligibility for Pregnant Women

120.67 Presumptive Eligibility for Children

120.68 Hospital Presumptive Eligibility (HPE) under the Affordable Care Act

SUBPART D: MEDICARE PREMIUMS

Section

120.70 Supplementary Medical Insurance Benefits (SMIB) Buy-In Program

120.72 Eligibility for Medicare Cost Sharing as a Qualified Medicare Beneficiary (QMB)

120.73 Eligibility for Payment of Medicare Part B Premiums for Specified Low-Income

Medicare Beneficiaries (SLIBs) and Qualified Individuals-1 (QI-1)

120.74 Qualified Medicare Beneficiary (QMB) Income Standard

120.75 Specified Low-Income Medicare Beneficiaries (SLIBs) and Qualified

Individuals-1 (QI-1) Income Standards

120.76 Hospital Insurance Benefits (HIB)

SUBPART E: RECIPIENT RESTRICTION PROGRAM

Section

120.80 Recipient Restriction Program

SUBPART F: MIGRANT MEDICAL PROGRAM

Section

120.90 Migrant Medical Program (Repealed)

120.91 Income Standards (Repealed)

SUBPART G: AID TO THE MEDICALLY INDIGENT

Section

120.200 Elimination Of Aid To The Medically Indigent

120.208 Client Cooperation (Repealed)

120.210 Citizenship (Repealed)

120.211 Residence (Repealed)

120.212 Age (Repealed)


16



120.215 Relationship (Repealed)

120.216 Living Arrangement (Repealed)

120.217 Supplemental Payments (Repealed)

120.218 Institutional Status (Repealed)

120.224 Foster Care Program (Repealed)

120.225 Social Security Numbers (Repealed)

120.230 Unearned Income (Repealed)

120.235 Exempt Unearned Income (Repealed)

120.236 Education Benefits (Repealed)

120.240 Unearned Income In-Kind (Repealed)

120.245 Earmarked Income (Repealed)

120.250 Lump Sum Payments and Income Tax Refunds (Repealed)

120.255 Protected Income (Repealed)

120.260 Earned Income (Repealed)

120.261 Budgeting Earned Income (Repealed)

120.262 Exempt Earned Income (Repealed)

120.270 Recognized Employment Expenses (Repealed)

120.271 Income From Work/Study/Training Program (Repealed)

120.272 Earned Income From Self-Employment (Repealed)

120.273 Earned Income From Roomer and Boarder (Repealed)

120.275 Earned Income In-Kind (Repealed)

120.276 Payments from the Illinois Department of Children and Family Services

(Repealed)

120.280 Assets (Repealed)

120.281 Exempt Assets (Repealed)

120.282 Asset Disregards (Repealed)

120.283 Deferral of Consideration of Assets (Repealed)

120.284 Spend-down of Assets (AMI) (Repealed)

120.285 Property Transfers (Repealed)

120.290 Persons Who May Be Included in the Assistance Unit (Repealed)

120.295 Payment Levels for AMI (Repealed)

SUBPART H: MEDICAL ASSISTANCE – NO GRANT (MANG) ELIGIBILITY FACTORS

Section

120.308 Client Cooperation

120.309 Caretaker Relative

120.310 Citizenship

120.311 Residence


16



120.312 Age

120.313 Blind

120.314 Disabled

120.315 Relationship

120.316 Living Arrangements

120.317 Supplemental Payments

120.318 Institutional Status

120.319 Assignment of Rights to Medical Support and Collection of Payment

120.320 Cooperation in Establishing Paternity and Obtaining Medical Support

120.321 Good Cause for Failure to Cooperate in Establishing Paternity and Obtaining

Medical Support

120.322 Proof of Good Cause for Failure to Cooperate in Establishing Paternity and

Obtaining Medical Support

120.323 Suspension of Paternity Establishment and Obtaining Medical Support Upon

Finding Good Cause

120.324 Health Insurance Premium Payment (HIPP) Program

120.325 Health Insurance Premium Payment (HIPP) Pilot Program

120.326 Foster Care Program

120.327 Social Security Numbers

120.328 Compliance with Employment and Work Activity Requirements (Suspended;

Repealed)

120.329 Compliance with Non-Economic Eligibility Requirements of Article IV

(Suspended; Repealed)

120.330 Unearned Income

120.332 Budgeting Unearned Income

120.335 Exempt Unearned Income

120.336 Education Benefits

120.338 Incentive Allowance

120.340 Unearned Income In-Kind

120.342 Child Support and Spousal Maintenance Payments

120.345 Earmarked Income

120.346 Medicaid Qualifying Trusts

120.347 Treatment of Trusts and Annuities

120.350 Lump Sum Payments and Income Tax Refunds

120.355 Protected Income

120.360 Earned Income

120.361 Budgeting Earned Income

120.362 Exempt Earned Income

120.363 Earned Income Disregard – MANG(C)


16



120.364 Earned Income Exemption

120.366 Exclusion From Earned Income Exemption

120.370 Recognized Employment Expenses

120.371 Income From Work/Study/Training Programs

120.372 Earned Income From Self-Employment

120.373 Earned Income From Roomer and Boarder

120.375 Earned Income In-Kind

120.376 Payments from the Illinois Department of Children and Family Services

120.379 Provisions for the Prevention of Spousal Impoverishment

120.380 Resources

120.381 Exempt Resources

120.382 Resource Disregard

120.383 Deferral of Consideration of Assets

120.384 Spenddown of Resources

120.385 Factors Affecting Eligibility for Long Term Care Services

120.386 Property Transfers Occurring On or Before August 10, 1993

120.387 Property Transfers Occurring On or After August 11, 1993 and Before January 1,

2007

120.388 Property Transfers Occurring On or After January 1, 2007

120.390 Persons Who May Be Included In the Assistance Unit

120.391 Individuals Under Age 18 Who Do Not Qualify For AFDC/AFDC-MANG And

Children Born October 1, 1983, or Later

120.392 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

120.393 Pregnant Women And Children Under Age Eight Years Who Do Not Qualify As

Mandatory Categorically Needy Demonstration Project

120.395 Payment Levels for MANG (Repealed)

120.399 Redetermination of Eligibility

120.400 Twelve Month Eligibility for Persons under Age 19

SUBPART I: SPECIAL PROGRAMS

Section

120.500 Health Benefits for Persons with Breast or Cervical Cancer

120.510 Health Benefits for Workers with Disabilities

120.520 SeniorCare (Repealed)

120.530 Home and Community Based Services Waivers for Medically Fragile,

Technology Dependent, Disabled Persons Under Age 21


16



120.540 Illinois Healthy Women Program

120.550 Asylum Applicants and Torture Victims

120.TABLE A Value of a Life Estate and Remainder Interest

120.TABLE B 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;


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


16



October 1, 1981; amended at 5 Ill. Reg. 10767, effective October 1, 1981; peremptory


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;


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;


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;


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;


March 22, 1988; amended at 12 Ill. Reg. 8672, effective May 13, 1988; amended at 12 Ill. Reg.


16



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;


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;


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


16



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;


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;


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;


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


16



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)


16



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:

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.

d) 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


16



filing the forms.

2) 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.

3) 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.

e) 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);


16



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:


16



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:


16



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 Self-

Determination Act (25 USC 450).

f) 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.


16



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:

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

C) 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;


16



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.


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);


16



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


16



ii) 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.

e) 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);


16



2) 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.

h) 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].

i) 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).

j) 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).


16



k) 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.

l) 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.


16



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.

m) 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).



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SECRETARY OF STATE


1) Heading of the Part: Illinois State Library Grant Programs



3035.115 Amendment

3035.125 Amendment

3035.130 Amendment

3035.140 Amendment

3035.400 Amendment

3035.410 Amendment

3035.450 Amendment

3035.460 Amendment

3035.490 Amendment

3035.640 Amendment

3035.730 Amendment

4) Statutory Authority: Implementing and authorized by the Illinois Library System Act

[75 ILCS 10].


6) Does this rulemaking contain and automatic repeal date? 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


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.


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SECRETARY OF STATE


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)).


Joseph Natale

Rules Coordinator

Illinois State Library

Gwendolyn Brooks Building

Springfield, IL 62701-1796


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SECRETARY OF STATE


217-558-4185

[email protected]

The full text of the Adopted Amendments begin on the next page:


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SECRETARY OF STATE


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 Definitions

3035.100 System Area and Per Capita Grants

3035.105 Library System Technology Grants

3035.110 Special Library Services to Persons with a Print Disability

3035.115 Public Library Per Capita and Equalization Aid Grants

3035.120 School District Library Grant Program

3035.125 Library Grants for Veterans' Homes

3035.130 Educate & Automate Automation/Technology Grants

3035.135 Requirements, Denial and Revocation of Approval

3035.140 Grants, Expenditures and Audits

3035.150 Appeal Procedure

SUBPART B: LITERACY GRANT PROGRAM

Section

3035.200 Purpose


3035.220 Application for Grant

3035.230 Review of Grant Applications

3035.240 Award of Grants, Accountability and Recordkeeping

3035.250 Cancellation of Grant

3035.260 Fiscal Procedures

3035.270 Other Requirements (Repealed)

3035.280 Penny Severns' Grant Program (Repealed)

3035.290 Invalidity

SUBPART C: SCHOLARSHIP PROGRAM GRANTS

Section


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SECRETARY OF STATE


3035.300 Purpose


3035.320 Number and Amount of Scholarship Program Grants

3035.330 Illinois Library Schools and Attendance Requirements

3035.340 Eligibility Requirements

3035.350 Application Process

3035.360 Selection of Scholarship Program Grantees

3035.370 Conditions of Scholarship Program Grants

SUBPART D: LIVE AND LEARN CONSTRUCTION GRANTS

Section

3035.400 Purpose


3035.420 Duty to Administer

3035.430 Priorities in Library Grant Construction Proposals

3035.435 Grant Funding Limitations

3035.440 Additional Grant Funds

3035.450 Grant Application Procedure

3035.460 Requirements and Conditions of Grant Funds

3035.470 Remodeling for Accessibility

3035.480 Shared Use Facilities

3035.490 Disbursement of Grant Funds

SUBPART E: PUBLIC LIBRARY CONSTRUCTION ACT GRANTS

Section

3035.500 Purpose


3035.515 Eligibility Requirements

3035.520 Grant Applications

3035.525 Priority of Public Library Construction Act Projects

3035.530 Grant Amounts and Use

3035.535 Grant Awards

3035.540 Supervision of Public Library Construction Act Projects

3035.550 Carry-over Projects

3035.555 Referendum Requirements

3035.560 Public Library Capital Needs Assessment

3035.565 Public Library Site Selection


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SECRETARY OF STATE


3035.570 Eligible Project Costs

3035.575 General Standards and Guidelines for the Appropriate Utilization of Bond

Proceeds

3035.580 Standardized Definitions and Guidelines

3035.585 Limitations on Expenditures of Bond Proceeds

SUBPART F: TALKING BOOK AND BRAILLE SERVICE (TBBS)

Section

3035.600 Purpose


3035.620 Eligibility

3035.630 Application for Service

3035.640 Application for Grant

3035.650 Provision of Information Transmission Services

3035.660 Remittance for Information Transmission Services

SUBPART G: LIBRARY SERVICES AND TECHNOLOGY ACT GRANTS (LSTA)

Section

3035.700 Purpose


3035.720 Duty to Administer

3035.730 Grant Application and Awards

3035.EXHIBIT A Differences Among the Three Types of Literacy Grant Programs

3035.EXHIBIT B 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;


effective July 18, 2012; amended at 37 Ill. Reg. 4348, effective March 19, 2013; amended at 37


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SECRETARY OF STATE


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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SECRETARY OF STATE


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.


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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SECRETARY OF STATE


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:


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:

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.

4) Other requirements established by the Illinois State Library.


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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SECRETARY OF STATE


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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SECRETARY OF STATE


d) 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.

e) 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.


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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SECRETARY OF STATE


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.

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.

f) 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.


SUBPART D: LIVE AND LEARN CONSTRUCTION GRANTS

Section 3035.400 Purpose


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SECRETARY OF STATE


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.



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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SECRETARY OF STATE


"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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SECRETARY OF STATE


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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SECRETARY OF STATE


"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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SECRETARY OF STATE



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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SECRETARY OF STATE


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:

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.

J) 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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SECRETARY OF STATE


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.

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.

2) 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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SECRETARY OF STATE


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.


16

SECRETARY OF STATE


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 A-

101-2007, 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.


16

SECRETARY OF STATE


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).


16

SECRETARY OF STATE


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.


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).


16

SECRETARY OF STATE


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 16/30-

55.40].

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


16

SECRETARY OF STATE


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.


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:


16

SECRETARY OF STATE


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.

c) 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).


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


16

SECRETARY OF STATE


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:


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.


16

SECRETARY OF STATE



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.



16



1) Heading of the Part: Established Political Party and Independent Candidate Nominating

Petitions



201.40 Amendment

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]







2015


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.





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.


16




Kenneth R. Menzel

General Counsel

State Board of Elections

2329 S. MacArthur Blvd.


217/782-0608

The full text of the Adopted Amendment begins on the next page:


16



TITLE 26: ELECTIONS

CHAPTER I: STATE BOARD OF ELECTIONS

PART 201

ESTABLISHED POLITICAL PARTY AND

INDEPENDENT CANDIDATE NOMINATING PETITIONS

Section

201.10 Filing Times at the Office of the State Board of Elections

201.20 Determination of Nominating Petition's Official Time of Filing

201.30 Filing Times for Objections and Withdrawals

201.40 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


16



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,


16



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.



16



1) Heading of the Part: New Political Party Nominating Petitions



202.40 Amendment

4) Statutory Authority: Sections 1A-8 (9) and 5/10-6.2 of the Illinois Election Code [10

ILCS 5/1 et seq]







2015


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.;"





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



Kenneth R. Menzel

General Counsel

State Board of Elections

2329 S. MacArthur Blvd.


217/782-0608

The full text of the Adopted Amendment begins on the next page:


16



TITLE 26: ELECTIONS

CHAPTER I: STATE BOARD OF ELECTIONS

PART 202

NEW POLITICAL PARTY NOMINATING PETITIONS

Section

202.10 Filing Times at the Office of the State Board of Elections

202.20 Determination of Nominating Petition's Official Time of Filing

202.30 Filing Times for Objections and Withdrawals

202.40 Simultaneous Filings for the Same Office – Lottery

202.50 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;


16



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.



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


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)




16

Education

23-1-15-14480 LB

3. Public Schools Evaluation, Recognition and Supervision (23 Ill. Adm. Code 1)



23-25-15-13933 LB

4. Educator Licensure (23 Ill. Adm. Code 25)



23-425-15-14491 LB

5. Voluntary Registration and Recognition of Nonpublic Schools (23 Ill. Adm. Code 425)



23-525-15-14502 LB

6. Regional Offices of Education and Intermediate Services (23 Ill. Adm. Code 525)



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)



Financial and Professional Regulation

68-1245-15-14775 LB

8. Dietetic and Nutrition Services Practice Act (68 Ill. Adm. Code 1245)



68-1420-15-13889 LB

9. Illinois Public Accounting Act (68 Ill. Adm. Code 1420)




16

68-1430-15-13345 LB

10. Public Accounting Act (Professional Conduct) (Repealer) (68 Ill. Adm. Code 1430)



Human Services

59-145-15-09704 EMS

11. Permanent Suppportive Housing & Bridge Subsidy Model for Persons with Mental

Illnesses (59 Ill. Adm. Code 145)



77-2080-15-14212 EMS

12. Electronic Prescription Monitoring Program (77 Ill. Adm. Code 2080)



Insurance

50-1710-15-14822 MR

13. Selection of Senior Management (50 Ill. Adm. Code 1710)



Natural Resources

17-1590-15-14116 BT

14. Falconry and the Captive Propagation of Raptors (17 Ill. Adm. Code 1590)



Revenue

86-130-15-11865 ES

15. Retailers' Occupation Tax (86 Ill. Adm. Code 130)



EMERGENCY RULEMAKINGS


16

Commerce Commision

83-725-16-00961 JE

16. Standards of Service Applicable to 9-1-1 Emergency Systems (83 Ill. Adm. Code 725)


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)


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)


83-728-16-01053 JE

19. Standards of Service Applicable to Wireless 9-1-1 Emergency Systems (Repealer) (83 Ill.

Adm. Code 728)


83-729-16-01074 JE

20. Administration of Funds Created by the Wireless Emergency Telephone Safety Act

(Repealer) (83 Ill. Adm. Code 729)


State Police

83-1324-16-01099 BT

21. Consolidate of 9-1-1 Emergency Systems (83 Ill. Adm. Code 1324)


83-1325-16-01118 BT

22. Standards of Service Applicable to 9-1-1 Emergency Systems (83 Ill. Adm. Code 1325)


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)


83-1327-16-01169 BT


16

24. 9-1-1 Emergency Systems Consolidation Grants (83 Ill. Adm. Code 1327)


83-1328-16-01181 BT

25. Standards of Service Applicable to Wireless 9-1-1 Emergency Systems (83 Ill. Adm.

Code 1328)


83-1329-16-01193 BT

26. Adminstration of the Statewide 9-1-1 Fund (83 Ill. Adm. Code 1329)


INTERNAL RULEMAKING

Secretary of State

14-130-16-00391 LB

27. Regulations Under Illinois Securities Law of 1953 (14 Ill. Adm. Code 130)


AGENCY RESPONSES

Children and Family Services

89-300-15-00001 AC

28. Reports of Child Abuse and Neglect (89 Ill. Adm. Code 300)


-Response: Agreement

89-301-15-00019 AC

29. Placement and Visitation Services (89 Ill. Adm. Code 301)



89-302-15-00047 AC

30. Services Delivered by the Department of Children and Family Services (89 Ill. Adm.

Code 302)



89-304-15-00062 AC


16

31. Access to and Eligibility for Child Welfare Services (89 Ill. Adm. Code 304)



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)



89-315-15-00098 AC

33. Permanency Planning (89 Ill. Adm. Code 315)



89-316-15-00123 AC

34. Administrative Case Reviews and Court Hearings (89 Ill. Adm. Code 316)



89-328-15-00137 AC

35. Interstate Placement of Children (89 Ill. Adm. Code 328)



89-337-15-00143 AC

36. Service Appeal Process (89 Ill. Adm. Code 337)



89-338-15-00153 AC

37. Appeal of Foster Family Home License Denials by Relative Caregivers (89 Ill. Adm.

Code 338)



89-359-15-00159 AC

38. Authorized Child Care Payments (89 Ill. Adm. Code 359)



89-402-15-00165 AC


16

39. Reports of Child Abuse and Neglect (89 Ill. Adm. Code 402)



Public Health

77-775-14-18346 AC

40. Grade A Pasteurized Milk and Milk Products (77 Ill. Adm. Code 775)



Teachers' Retirement System

80-1650-15-08243 MR

41. The Administration and Operation of the Teachers' Retirement System (80 Ill. Adm.

Code 1650)




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


Regulation, Illinois Public Accounting Act (68

Ill. Adm. Code 1420)

10/23/15

39 Ill.

Reg.13889

2/16/16


Regulation, Public Accounting Act

10/9/15 2/16/16


16

(Professional Conduct) (Repealer) (68 Ill. Adm.

Code 1430)

39 Ill.

Reg.13345


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


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, up-

to-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.


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


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


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


16

EXECUTIVE ORDERS

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 non-

information 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


16

EXECUTIVE ORDERS

another unit of the transferring agency or shall reconstitute the legacy IT division as a non-

information 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:


16

EXECUTIVE ORDERS

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


16

EXECUTIVE ORDERS

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


16

EXECUTIVE ORDERS

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.


16

EXECUTIVE ORDERS

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.


20 ILCS 5/1-1 et seq.

20 ILCS 5/5-1 et seq., including § 5-645



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 §§ 405-

10, 405-20, 405-250, 405-255, 405-260, 405-

265, 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 § 605-

85

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 2105/2105-1 et seq.

20 ILCS 3205/0.1 et seq.


Executive Orders 2014-03, 2004-06


16

EXECUTIVE ORDERS


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 § 3-2.5-

15

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


16

EXECUTIVE ORDERS


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


16

PROCLAMATIONS

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,


16

PROCLAMATIONS

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.



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;


16

PROCLAMATIONS

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.



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;



Thursday, December 17, 2015, until sunset on Saturday, -December 19, 2015, in honor and

remembrance of CW2 Kevin Mose Weiss.




16

PROCLAMATIONS

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.




16

PROCLAMATIONS

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


2016-3

Enrolled Agent Week


16

PROCLAMATIONS

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.



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,


16

PROCLAMATIONS

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.



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,


16

PROCLAMATIONS

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;


29, 2016, as RARE DISEASE DAY in Illinois, in support of this important public awareness

campaign.



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,


16

PROCLAMATIONS

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;


6, 2016 to be RONALD REAGAN DAY in Illinois, in honor of our nation's 40th president.



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,


16

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;


24-30, 2016, as SCHOOL CHOICE WEEK in Illinois.



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,


16

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,


2016 as TURNER SYNDROME AWARENESS MONTH and encourages all citizens to support

awareness, education, and services for Turner Syndrome.



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;


16

PROCLAMATIONS


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.



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.


16

PROCLAMATIONS



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;


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.



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,


16

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.;


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.




16

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.



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,


16

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;



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.



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,


16

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;



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.



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 ....................... 2300 83 - 467 ....................... 2396 80 - 1200 ....................... 2414 92 - 2520 ....................... 2440 92 - 438 ....................... 2449 92 - 448 ....................... 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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