S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   288

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. MILLER -- Multi-Sponsored by -- M. of A. MARKEY
  -- read once and referred to the Committee on Transportation

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 ENGINE IS PARKING, STOPPING OR STANDING IN A MUNICIPAL
PARKING 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.
                                                           LBD00985-01-3
              

A. 288                              2

  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.  The  environmental  conservation law is amended by adding a new
section 19-0308 to read as follows:
S 19-0308. RAILROAD EMISSIONS REGULATIONS.
  ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER,
IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, SHALL ADOPT RULES
AND REGULATIONS SETTING FORTH ACCEPTABLE EMISSIONS STANDARDS  FOR  RAIL-
ROAD  TRAINS  OPERATING  IN  THIS STATE AS WELL AS A TIMETABLE FOR WHICH
SUCH RAILROAD TRAINS SHALL BE REQUIRED  TO  MEET  SUCH  STANDARDS.  SUCH
REGULATIONS SHALL APPLY TO EVERY RAILROAD TRAIN OPERATING IN THIS STATE.
THE COMMISSIONER SHALL REVIEW AND REVISE SUCH REGULATIONS ANNUALLY AS HE
OR SHE DEEMS NECESSARY.
  S  3.  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 is authorized and directed to be made and
completed on or before such effective date.