BILL NO A08668
SAME AS No Same as
Add §1264-a, Pub Auth L
Prohibits the idling of certain railroad engines in the counties of Nassau
Suffolk; defines railroad; prohibits a railroad engine to idle for
fifteen minutes while parking, standing or stopping within two hundred
a residential property; authorizes the metropolitan transportation
to impose a fine for a violation and post signs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8668
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
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.
STATE OF NEW YORK
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
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.