S T A T E O F N E W Y O R K
________________________________________________________________________
8668
I N A S S E M B L Y
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:
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 NASSAU 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 NASSAU 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 TRANSIT 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
AT OTHER APPROPRIATE LOCATIONS THROUGHOUT THE COUNTIES OF NASSAU AND
SUFFOLK, AS JOINTLY DETERMINED BY THE AUTHORITY AND THE NEW YORK TRANSIT
AUTHORITY, INCLUDING BUT NOT LIMITED TO, LOCATIONS FOR WHICH SUCH COUN-
TIES RECEIVE A SUBSTANTIAL NUMBER OF COMPLAINTS OF IDLING RAILROAD
ENGINES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10669-01-5
A. 8668 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. 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.