Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 03, 2010 |
referred to transportation |
Assembly Bill A9851
2009-2010 Legislative Session
Sponsored By
MILLER M
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Margaret Markey
Dean Murray
multi-Sponsors
Andrew Hevesi
2009-A9851 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6770
- Current Committee:
- Assembly Transportation
- Law Section:
- Transportation Law
- Laws Affected:
- Add §14-n, Transp L; add §19-0308, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A2069
2013-2014: A288
2015-2016: A974
2017-2018: A408
2019-2020: A806
2009-A9851 (ACTIVE) - Summary
Prohibits the idling of certain railroads in the state; defines railroad; prohibits a railroad engine to idle for longer than ten minutes while parking, standing or stopping within five hundred feet of a residential property; authorizes the department of transportation to impose a fine for a violation and post signs
2009-A9851 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9851 TITLE OF BILL: An act to amend the transportation law, in relation to authorizing the department of transportation to prohibit idling rail- roads in the city of New York; and to amend the environmental conserva- tion law, in relation to railroad emissions regulations PURPOSE: To ban the idling of trains after a certain time and regulate emissions standards for rail car operations in New York City. SUMMARY OF PROVISIONS: New amendments are made within the Transporta- tion law (Section 14-n) and the Environmental Conservation law (Section 19-0308). EXISTING LAW: None for New York State law. However, the U.S. Environ- mental Protection Agency (EPA) has the authority to establish emission standards for newly manufactured and remanufactured locomotives, as well as to prohibit railroads or anyone else from tampering with emission controls in accordance with section 213(a)(5) of the Clean Air Act. The Clean Air Act does not give the EPA unlimited ability to regulate loco- motives, thus the need for State legislation. JUSTIFICATION: The recent increase in freight rail usage throughout New York City places significant burdens on community residents. The trains designated for waste management have proven especially troublesome, These trains emit smoke, noise, and odor, which drive down nearby prop-
2009-A9851 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6770 A. 9851 S E N A T E - A S S E M B L Y February 3, 2010 ___________ IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Transporta- tion IN ASSEMBLY -- Introduced by M. of A. M. MILLER -- Multi-Sponsored by -- M. of A. HEVESI -- read once and referred to the Committee on Trans- portation AN ACT to amend the transportation law, in relation to authorizing the department of transportation to prohibit idling railroads in the city of New York; and to amend the environmental conservation law, in relation to railroad emissions regulations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The transportation law is amended by adding a new section 14-n to read as follows: S 14-N. ADDITIONAL PURPOSES OF THE DEPARTMENT; IDLING RAILROAD ENGINES. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "RAILROAD" SHALL MEAN A PRIVATE OR PUBLIC RAILROAD OPERATING IN THIS STATE CARRYING EITHER FREIGHT, PASSENGERS OR FREIGHT AND PASSENGERS, BUT SHALL NOT INCLUDE ANY RAILROAD OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHOR- ITY OR ANY OF ITS SUBSIDIARIES. 2. THE DEPARTMENT SHALL PROHIBIT A RAILROAD ENGINE TO IDLE FOR LONGER THAN TEN MINUTES WHILE PARKING, STANDING, OR STOPPING WHEN WITHIN FIVE HUNDRED FEET OF ANY RESIDENTIAL PROPERTY. 3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY WHEN THE RAILROAD IS PARKING, STOPPING OR STANDING IN A MUNICIPAL PARK- ING LOT. 4. THE DEPARTMENT SHALL POST SIGNS RELATING TO PROHIBITED IDLING WHERE PRACTICABLE AND INCLUDE THE MAXIMUM PENALTY THAT MAY BE IMPOSED FOR A VIOLATION OF SUBDIVISION TWO OF THIS SECTION. SUCH SIGNS SHALL BE POSTED AT OTHER APPROPRIATE LOCATIONS THROUGHOUT THE STATE, AS DETERMINED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO, LOCATIONS FOR WHICH A MUNICIPALITY RECEIVES A SUBSTANTIAL NUMBER OF COMPLAINTS OF IDLING RAIL- ROAD ENGINES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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