093_HB2563

 
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 1        AN ACT in relation to transportation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Idling Time and Emissions Reduction Act.

 6        Section 5.  Findings.  The  General  Assembly  finds  and
 7    declares the following:
 8        (a)  Air  pollution  in  the  State is an ongoing problem
 9    that impacts the health and safety of its residents.
10        (b)  The State's marine and rail terminals  often  become
11    congested  with  long  lines,  forcing  trucks  to  idle  for
12    extended periods of time.
13        (c)  Idling   trucks  emit  air  contaminants,  including
14    oxides of nitrogen, carbon dioxide, and particulate matter.
15        (d)  Many marine and rail  terminals  in  the  State  are
16    close  to  residential areas and businesses frequented by the
17    public.
18        (e)  Owners and operators of marine  and  rail  terminals
19    generally  do  not  directly  own or control trucks that move
20    containers and other cargo to and from or  transact  business
21    at  the  terminals. Due to the manner in which some terminals
22    are operated, however, including but not limited to,  setting
23    short   gate   hours,   having   insufficient   staffing,  or
24    maintaining systems  that  do  not  transact  truck  business
25    throughout  the  day,  and because trucks must operate within
26    the systems established by the owners and operators of marine
27    and rail terminals, trucks are forced to  idle  for  extended
28    periods  of  time  and  create  severe  congestion  on public
29    roadways  in  communities  at  and  near  marine   and   rail
30    terminals.
31        (f)  It is the intent of the General Assembly to prohibit
 
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 1    extended  idling  by  trucks  at marine and rail terminals to
 2    protect the health and safety of all the State's citizens.
 3        (g)  It  is  the  intent  of  the  General  Assembly,  in
 4    enacting this Act, to reduce only  emissions  of  particulate
 5    matter  that  are  caused by trucks idling at marine and rail
 6    terminals in the State.

 7        Section 10.  Port and rail community air quality program.
 8        (a)  Each marine or  rail  terminal  must  operate  in  a
 9    manner  that  does  not cause the engines of diesel trucks to
10    idle or queue for more than 30 minutes while waiting to enter
11    a marine or rail terminal.  Accordingly,  a  marine  or  rail
12    terminal is guilty of a petty offense punishable by a fine of
13    $250  for  every  truck  that  idles for more than 30 minutes
14    while waiting to enter the marine or rail terminal.
15        (b)  In addition, any marine or rail terminal that  takes
16    action  intended  to  avoid or circumvent the requirements of
17    this Act or to avoid or circumvent the reduction of emissions
18    of particulate matter from idling or queuing trucks is guilty
19    of a petty offense punishable by a fine of $750 per truck per
20    violation.
21        (c)  Actions  intended  to  avoid   or   circumvent   the
22    requirements of this Act, include, but are not limited to:
23             (1)  diverting  an  idling truck to area highways or
24        alternate staging areas;
25             (2)  requiring a truck to idle or queue  inside  the
26        gate of a marine or rail terminal; or
27             (3)  requiring  or  directing a truck driver to turn
28        on and off an engine while queuing.
29        (d)  Any action taken by a marine  or  rail  terminal  to
30    assess,  or seek reimbursement from, the driver or owner of a
31    truck  for  a  violation  of  this  Section  is  a  Class   C
32    misdemeanor.
33        (e)  A  marine or rail terminal does not violate this Act
 
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 1    by causing a truck to idle for more  than  30  minutes  while
 2    waiting to enter the gate into a marine terminal if:
 3             (1)  the  delay  is caused by an act of God, a labor
 4        dispute, or a declared State or federal emergency; or
 5             (2)  if  the  Secretary  of  State  finds  that   an
 6        unavoidable  or unforeseeable event caused trucks to idle
 7        and  that  the  terminal  is  otherwise  in  good   faith
 8        compliance with the Act.

 9        Section  15.  Exemptions from the port and rail community
10    air quality program.
11        (a)  As used in this Section, "peak commuter hours"  mean
12    those   hours   determined  by  the  Secretary  of  State  in
13    consultation with the owners and operators of the marine  and
14    rail  terminals  and  any  labor  union  represented at those
15    marine and rail terminals.
16        (b)  Except as  provided  in  subsections  (e)  and  (f),
17    Section  10  does not apply to marine and rail terminals that
18    provide 2 continuous hours of  uninterrupted,  fully  staffed
19    receiving  and  delivery  gates 2 hours before and after peak
20    commuter hours each day, at least 5 days per week.
21        (c)  The Secretary of State must notify marine  and  rail
22    terminals of the final determination of peak commuter hours.
23        (d)  Except  as  provided  in  subsections  (e)  and (f),
24    Section 10 does not apply to marine and rail  terminals  that
25    operate  fully staffed receiving and delivery gates for 70 or
26    more hours, 5 days per week.
27        (e)  Section 10  applies  to  marine  or  rail  terminals
28    located  in  an area bound by Illinois Route 17 on the south,
29    Illinois Route 47 on the west,  Illinois  Route  173  on  the
30    north,  and  the Indiana border on the east, if the marine or
31    railroad  terminal  owners  with  facilities   within   those
32    boundaries  have placed onerous or artificial barriers to the
33    delivery  of  their  services,  either  through   their   own
 
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 1    employees or through subcontracted personnel.
 2        (f)  To  qualify  for  exemption  under  this  Section, a
 3    marine or rail terminal must notify the Secretary of State of
 4    the date of  implementation  of  the  services  described  in
 5    subsection  (b)  or (d). A marine or rail terminal is subject
 6    to Section 10 until the date those services are implemented.

 7        Section 20.  Compliance with and enforcement of the  port
 8    and rail community air quality program.
 9        (a)  The Secretary of State shall monitor marine and rail
10    terminals for compliance with this Act.
11        (b)  The  Secretary of State shall issue citations to the
12    marine  or  rail  terminal  for  violations.  Citations  must
13    include the following:
14             (1)  the truck license plate number;
15             (2)  the name of the  marine  or  rail  terminal  at
16        which the violation occurred; and
17             (3)  the date and time of the violation.
18        (c)  Failure  to  pay a fine under Section 10, or receipt
19    of 3 or more fines during a 3 month  period,  is  a  Class  C
20    misdemeanor.  The  Illinois  Commerce Commission must suspend
21    the motor carrier of property license of  a  marine  or  rail
22    terminal convicted of an offense described in this subsection
23    (c). The Commission also must forward a recommendation to the
24    Federal    Motor    Carrier    Safety    Administration   for
25    administrative or other action deemed necessary  against  the
26    terminal's interstate operating authority.
27        (d)  The  Secretary  of State must determine the level of
28    monitoring and enforcement commensurate with the level of the
29    truck idling problem at each marine  and  rail  terminal  and
30    must adopt rules necessary to reduce emissions of particulate
31    matter from idling or queuing trucks under this Act.

32        Section  25.  Effect  of  this  Act.  Nothing in this Act
 
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 1    relieves a commercial driver or commercial motor  carrier  of
 2    any  duty  imposed  by any State or federal law regarding the
 3    safe operation of a commercial motor vehicle.