A08668 Summary:

BILL NOA08668
 
SAME ASNo Same As
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
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.
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A08668 Actions:

BILL NOA08668
 
01/12/2016referred to corporations, authorities and commissions
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A08668 Memo:

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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A08668 Text:



 
                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.
                                                                   LBD10669-01-5

        A. 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.
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