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a8135-2013

A8135-2013 – Open Senate

Actions Aug 30, 2013: referred to corporations, authorities and commissions Text 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- EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets is old law to be omitted.

LBD11180-01-3 A.

8135 2 TIES 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.

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A8135-2013 – Open Senate

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