|SAME AS||No Same As|
|Add §1264-a, Pub Auth L|
|Prohibits the idling of certain railroad engines in the counties of Nassau and Suffolk; defines railroad; prohibits a railroad engine to idle for longer than fifteen minutes while parking, standing or stopping within two hundred feet of a residential property; authorizes the metropolitan transportation authority to impose a fine for a violation and post signs.|
|01/12/2016||referred to corporations, authorities and commissions|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8668 SPONSOR: Thiele
TITLE OF BILL: An act to amend the public authorities law, in relation to authorizing the metropolitan transportation authority to prohibit idling railroad engines in the counties of Nassau and Suffolk   PURPOSE: To provide that the Metropolitan Transportation Authority shall prohibit trains from idling for longer than fifteen minutes while parking, standing, or stopping when within 200 feet of a residential property.   SUMMARY OF PROVISIONS: Authorizes the Metropolitan Transportation Authority to prohibit idling railroads in. the counties of Nassau and Suffolk. This act shall not apply when the railroad is used to operate a loading, unloading, or processing device; or if the railroad is parking, stopping, or standing in a municipal parking lot. The Metropolitan Transportation Authority shall post signs relating to prohibited idling where practicable including locations where there have been a substan- tial number of complaints of idling railroad train engines.   JUSTIFICATION: There are residential homes throughout Nassau and Suffolk Counties that are in close proximity to LI railroad tracks that have lodged complaints about excessive idling of railroad train engines. These complaints include multiple trains idling thirty minutes or more with only a ten minute break in between trains with as many as eight trains a day beginning as early as 5:00 am.   LEGISLATIVE HISTORY: 2013-14: A.8135 2011-12: A.7460 2009-10: A.7291-A 2007-08: A.8878   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eight- ieth day; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation for the implementation of this act on its effective are authorized and directed to be made and completed on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 8668 IN ASSEMBLY January 12, 2016 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to authorizing the metropolitan transportation authority to prohibit idling railroad engines in the counties of Nassau and Suffolk The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public authorities law is amended by adding a new 2 section 1264-a to read as follows: 3 § 1264-a. Additional purposes of the authority; idling railroad 4 engines in Nassau and Suffolk counties. 1. For the purposes of this 5 section, the term "railroad" shall mean a private or public railroad 6 operating in the counties of Nassau and Suffolk carrying either freight, 7 passengers or freight and passengers including, but not limited to, 8 those operated by the authority and its subsidiaries, the Long Island 9 Rail Road, the metro-north railroad, the Staten Island rapid transit 10 operating authority, the New York city transit authority or any other 11 public authority or local government. 12 2. The authority shall prohibit a railroad engine to idle for longer 13 than fifteen minutes while parking, standing, or stopping when within 14 two hundred feet of any residential property. 15 3. The provisions of subdivision two of this section shall not apply 16 when (a) the railroad is used to operate a loading, unloading or proc- 17 essing device; or (b) the railroad is parking, stopping or standing in a 18 municipal parking lot. 19 4. The authority shall post signs relating to prohibited idling where 20 practicable and include the maximum penalty that may be imposed for a 21 violation of subdivision two of this section. Such signs shall be posted 22 at other appropriate locations throughout the counties of Nassau and 23 Suffolk, as jointly determined by the authority and the New York transit 24 authority, including but not limited to, locations for which such coun- 25 ties receive a substantial number of complaints of idling railroad 26 engines. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10669-01-5A. 8668 2 1 5. In any proceeding relating to a violation of the restrictions on 2 idling it shall not be a defense that a sign required by this section 3 was absent at the time of the violation. 4 § 2. This act shall take effect on the sixtieth day after it shall 5 have become a law. Effective immediately, the addition, amendment and/or 6 repeal of any rule or regulation necessary for the implementation of 7 this act on its effective date are authorized and directed to be made 8 and completed on or before such effective date.