SB3679 98TH GENERAL ASSEMBLY

LRB098 22917 MGM 61867 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3679

Introduced 1/6/2015, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18c-7402.3 new

Amends the Illinois Vehicle Code. Provides that no rail carrier shall cause, suffer, allow, or permit the unnecessary foreseeable idling of a diesel locomotive within 1,000 feet of a residence, business, school, or hospital for a continuous period of time longer than 30 minutes in a manner such as to cause or contribute to a condition of air pollution. Provides that the prohibition does not apply to diesel locomotives in rail yards or locomotives being serviced, provided that idling is essential to the proper repair of the locomotive. Provides that any rail carrier that violates the new provisions is guilty of a petty offense and subject to a fine of not less than $200 nor more than $500 if the duration of the idling is in excess of 30 minutes but no longer than 35 minutes. Provides that if the duration of the idling exceeds 35 minutes, the violation is a business offense and the following fines shall be imposed: (1) if the duration of the idling is in excess of 35 minutes but no longer than 40 minutes, $500; (2) if the duration of the idling is in excess of 40 minutes but no longer than 45 minutes, $700; (3) if the duration of the idling is in excess of 45 minutes, but no longer than 50 minutes, $900; (4) if the duration of the idling is in excess of 50 minutes but no longer than 55 minutes, $1,000; or (5) if the duration of the idling is in excess of 55 minutes, $1,000 plus an additional $500 for each 5 minutes of idling in excess of 55 minutes of idling.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by adding Section 18c-7402.3 as follows:

(625 ILCS 5/18c-7402.3 new)

Sec. 18c-7402.3. Diesel locomotive excessive idling.

(a) No rail carrier shall cause, suffer, allow, or permit the unnecessary foreseeable idling of a diesel locomotive within 1,000 feet of a residence, business, school, or hospital for a continuous period of time longer than 30 minutes in a manner such as to cause or contribute to a condition of air pollution.

(b) This Section does not apply to diesel locomotives in rail yards or locomotives being serviced, provided that idling is essential to the proper repair of the locomotive.

(c) Any rail carrier that violates subsection (a) of this Section is guilty of a petty offense and subject to a fine of not less than $200 nor more than $500 if the duration of the idling is in excess of 30 minutes but no longer than 35 minutes. If the duration of the idling exceeds 35 minutes, the violation is a business offense and the following fines shall be imposed:

(1) if the duration of the idling is in excess of 35 minutes but no longer than 40 minutes, $500;

(2) if the duration of the idling is in excess of 40 minutes but no longer than 45 minutes, $700;

(3) if the duration of the idling is in excess of 45 minutes, but no longer than 50 minutes, $900;

(4) if the duration of the idling is in excess of 50 minutes but no longer than 55 minutes, $1,000; or

(5) if the duration of the idling is in excess of 55 minutes, $1,000 plus an additional $500 for each 5 minutes of idling in excess of 55 minutes of idling.