S T A T E O F N E W Y O R K
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7291--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 27, 2009
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Introduced by M. of A. THIELE -- read once and referred to the Committee
on Corporations, Authorities and Commissions -- recommitted to the
Committee on Corporations, Authorities and Commissions in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to authorizing
the metropolitan transportation authority to prohibit idling railroads
in the counties of Kings, Nassau, Queens and Suffolk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1264-a to read as follows:
S 1264-A. ADDITIONAL PURPOSES OF THE AUTHORITY; IDLING RAILROAD
ENGINES IN KINGS, NASSAU, QUEENS AND SUFFOLK COUNTIES. 1. FOR THE
PURPOSES OF THIS SECTION, THE TERM "RAILROAD" SHALL MEAN A PRIVATE OR
PUBLIC RAILROAD OPERATING IN THE COUNTIES OF KINGS, NASSAU, QUEENS AND
SUFFOLK CARRYING EITHER FREIGHT, PASSENGERS OR FREIGHT AND PASSENGERS
INCLUDING, BUT NOT LIMITED TO, THOSE OPERATED BY THE AUTHORITY AND ITS
SUBSIDIARIES, THE LONG ISLAND RAIL ROAD, THE METRO-NORTH RAILROAD, THE
STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY, THE NEW YORK CITY TRAN-
SIT AUTHORITY OR ANY OTHER PUBLIC AUTHORITY OR LOCAL GOVERNMENT.
2. THE AUTHORITY SHALL PROHIBIT A RAILROAD ENGINE TO IDLE FOR LONGER
THAN FIFTEEN MINUTES WHILE PARKING, STANDING, OR STOPPING WHEN WITHIN
TWO HUNDRED FEET OF ANY RESIDENTIAL PROPERTY.
3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY
WHEN (A) THE RAILROAD IS USED TO OPERATE A LOADING, UNLOADING OR PROC-
ESSING DEVICE; OR (B) THE RAILROAD IS PARKING, STOPPING OR STANDING IN A
MUNICIPAL PARKING LOT.
4. THE AUTHORITY 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07234-05-0
A. 7291--A 2
AT OTHER APPROPRIATE LOCATIONS THROUGHOUT THE COUNTIES OF KINGS, NASSAU,
QUEENS AND SUFFOLK, AS JOINTLY DETERMINED BY THE AUTHORITY AND THE NEW
YORK TRANSIT AUTHORITY, INCLUDING BUT NOT LIMITED TO, LOCATIONS FOR
WHICH SUCH COUNTIES RECEIVE A SUBSTANTIAL NUMBER OF COMPLAINTS OF IDLING
RAILROAD ENGINES.
5. IN ANY PROCEEDING RELATING TO A VIOLATION OF THE RESTRICTIONS ON
IDLING IT SHALL NOT BE A DEFENSE THAT A SIGN REQUIRED BY THIS SECTION
WAS ABSENT AT THE TIME OF THE VIOLATION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.