HOUSE AMENDED PRIOR PRINTER'S NOS. 332, 1707, 1739 PRINTER'S NO. 2485 2432
No. 295 Session of 2007
INTRODUCED BY BROWNE, BOSCOLA, FERLO, COSTA, RAFFERTY, ORIE, ERICKSON AND VANCE, MARCH 9, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 7, 2008
AN ACT 1 Providing for idling restrictions on diesel-powered commercial <-- 2 MOTOR vehicles; and imposing a penalty. <-- 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Diesel- 7 Powered Commercial Motor Vehicle Idling Act. <-- 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Auxiliary power system." A device installed on a commercial <-- 13 motor vehicle to provide electrical, mechanical or thermal 14 energy to the primary diesel engine, the cab or the sleeper- 15 berth compartment as an alternative to idling the primary diesel 16 engine.
1 "Commercial motor vehicle." A self-propelled motor vehicle 2 used on a highway to transport passengers or property when the 3 vehicle meets any of the following conditions: 4 (1) the vehicle is being used commercially and has a 5 gross vehicle weight rating or gross combination weight 6 rating, or gross vehicle weight or gross combination weight 7 of 4,536 kg (10,001 pounds) or more, whichever is greater; 8 (2) the vehicle is designed or used to transport more 9 than eight passengers, including the driver, for 10 compensation; 11 (3) the vehicle is designed or used to transport more 12 than 15 passengers, including the driver, and is not used to 13 transport passengers for compensation; or 14 (4) the vehicle is used in transporting material found 15 by the Secretary of the United States Department of 16 Transportation to be hazardous under 49 U.S.C. § 5103 17 (relating to general regulatory authority) and transported in 18 a quantity requiring placarding under regulations prescribed 19 by the Secretary of the United States Department of 20 Transportation under 49 CFR Subtitle B, Ch. 1 Subch. C 21 (relating to hazardous materials regulations). 22 "BUS." AS DEFINED UNDER 75 PA.C.S. § 102 (RELATING TO <-- 23 DEFINITIONS). 24 "BUS DEPOT." A LOCATION WHERE BUSES ARE ROUTINELY KEPT 25 OVERNIGHT, INCLUDING ANY GARAGE STRUCTURE OR OUTDOOR BUS PARKING 26 AREA OR BOTH. 27 "Department." The Department of Environmental Protection of 28 the Commonwealth. 29 "DIESEL-POWERED." A TYPE OF ENGINE THAT HAS OPERATING <-- 30 CHARACTERISTICS SIGNIFICANTLY SIMILAR TO THE THEORETICAL DIESEL 20070S0295B2485 - 2 -
1 COMBUSTION CYCLE.
2 "FARM EQUIPMENT." AS DEFINED UNDER 75 PA.C.S. § 102
3 (RELATING TO DEFINITIONS).
4 "FARM VEHICLE." AS DEFINED UNDER 75 PA.C.S. § 102 (RELATING
5 TO DEFINITIONS).
6 "Highway." The term as it is defined under 49 CFR 390.5
7 (relating to definitions).
8 "IDLE REDUCTION TECHNOLOGY." ANY DEVICE OR SYSTEM OF DEVICES <--
9 THAT IS INSTALLED ON A MOTOR VEHICLE SUBJECT TO THIS ACT AND IS
10 DESIGNED TO PROVIDE IT THOSE SERVICES, SUCH AS HEAT, AIR
11 CONDITIONING AND ELECTRICITY, THAT WOULD OTHERWISE REQUIRE THE
12 OPERATION OF THE MAIN DRIVE ENGINE WHILE THE MOTOR VEHICLE IS
13 TEMPORARILY PARKED OR REMAINS STATIONARY.
14 "Idling." Operation of the main propulsion engine of a
15 commercial motor vehicle while the vehicle is stationary. <--
16 "IMPLEMENT OF HUSBANDRY." AS DEFINED UNDER 75 PA.C.S. § 102 <--
17 (RELATING TO DEFINITIONS).
18 "MOTOR HOME." AS DEFINED UNDER 75 PA.C.S. § 102 (RELATING TO
19 DEFINITIONS).
20 "MOTOR VEHICLE." AS DEFINED UNDER 75 PA.C.S. § 102 (RELATING <--
21 TO DEFINITIONS).
22 "SCHOOL BUS." AS DEFINED UNDER 75 PA.C.S. § 102 (RELATING TO
23 DEFINITIONS).
24 "SCHOOL VEHICLE." AS DEFINED UNDER 75 PA.C.S. § 102
25 (RELATING TO DEFINITIONS).
26 "STATIONARY IDLE REDUCTION TECHNOLOGY." EQUIPMENT THAT
27 TRANSFORMS POWER FROM THE ELECTRIC GRID FOR THE PURPOSE OF
28 DELIVERING USABLE ELECTRIC POWER, HEAT OR AIR CONDITIONING TO A
29 MOTOR VEHICLE FOR THE PURPOSE OF REDUCING MAIN ENGINE IDLING.
30 Section 3. Restrictions on idling.
20070S0295B2485 - 3 -
1 (a) Restrictions.--No operator of a commercial motor vehicle <-- 2 subject to this act shall cause or allow the engine of a diesel- 3 powered commercial motor vehicle to idle for more than five 4 minutes in any 60-minute period, except as provided in 5 subsection (b). 6 (A) RESTRICTIONS.--NO DRIVER OR OWNER OF A DIESEL-POWERED <-- 7 MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OF 10,001 POUNDS OR <-- 8 MORE ENGAGED IN COMMERCE OR THE OWNER OR OPERATOR OF THE <-- 9 LOCATION WHERE THE VEHICLES LOAD, UNLOAD OR PARK SHALL CAUSE OR 10 SHALL CAUSE AND NO OWNER OR OPERATOR OF THE LOCATION WHERE THE <-- 11 VEHICLE LOADS, UNLOADS OR PARKS SHALL ALLOW THE ENGINE OF THE 12 VEHICLE TO IDLE FOR MORE THAN FIVE MINUTES IN ANY CONTINUOUS 60- 13 MINUTE PERIOD, EXCEPT AS PROVIDED UNDER SUBSECTIONS (B) AND (C). 14 (B) EXCLUSIONS.--THE IDLING RESTRICTIONS SET FORTH IN 15 SUBSECTION (A) DO NOT APPLY TO MOTOR HOMES, COMMERCIAL 16 IMPLEMENTS OF HUSBANDRY, IMPLEMENTS OF HUSBANDRY, FARM EQUIPMENT 17 OR FARM VEHICLES. 18 (b) (C) Exemptions.--A diesel-powered commercial motor <-- 19 vehicle MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OF 10,001 <-- 20 POUNDS OR MORE may idle beyond the time allowed in subsection 21 (a) for one or more of the following reasons: 22 (1) When a vehicle idles while forced to remain 23 motionless because of on-highway traffic, an official traffic 24 control device or signal or at the direction of a law 25 enforcement official. 26 (2) When a vehicle must idle to operate defrosters, 27 heaters, air conditioners or cargo refrigeration equipment, 28 or to install equipment, in order to prevent a safety or 29 health emergency and not for the purpose of a rest period, or 30 as otherwise required by NECESSARY TO COMPLY WITH <-- 20070S0295B2485 - 4 -
1 MANUFACTURERS' OPERATING REQUIREMENTS, SPECIFICATIONS AND 2 WARRANTIES IN ACCORDANCE WITH Federal or State motor carrier 3 safety regulations or local requirements. 4 (3) When a police, fire, ambulance, public safety, 5 military, UTILITY SERVICE VEHICLE or other emergency or law <-- 6 enforcement vehicle or any vehicle being used in an emergency 7 OR PUBLIC SAFETY capacity idles SHALL IDLE while in an <-- 8 emergency or training mode and not for the convenience of the 9 vehicle operator DRIVER. <-- 10 (4) When the primary propulsion engine idles for 11 maintenance, servicing, repairing or MAINTENANCE, PARTICULATE <-- 12 MATTER TRAP REGENERATION, SERVICING OR REPAIR OF THE VEHICLE 13 OR FOR VEHICLE diagnostic purposes, if idling is required for 14 that activity. 15 (5) When a vehicle idles as part of a Federal or State 16 inspection to verify that all equipment is in good working 17 order, if idling is required as part of the inspection. 18 (6) When idling of a primary propulsion engine is 19 necessary to power work-related mechanical, safety or 20 electrical operations other than propulsion. This exemption 21 shall not apply when idling is done for cabin comfort or to 22 operate nonessential onboard equipment. 23 (7) WHEN IDLING OF A PRIMARY PROPULSION ENGINE IS <-- 24 NECESSARY AS PART OF A SECURITY INSPECTION EITHER ENTERING OR 25 EXITING A FACILITY. 26 (7) (8) When an armored vehicle must idle when a person <-- 27 remains inside the vehicle to guard contents or while the 28 vehicle is being loaded or unloaded. 29 (8) (9) When a vehicle must idle due to mechanical <-- 30 difficulties over which the driver has no control, if the 20070S0295B2485 - 5 -
1 vehicle owner submits the repair paperwork or product repair 2 verifying that the mechanical problem has been fixed, by mail 3 to the department within 30 days of the repair. 4 (9) (10) When a passenger bus BUS, SCHOOL BUS OR SCHOOL <-- 5 VEHICLE must idle to provide heating or air conditioning when 6 non-driver passengers are onboard. For the purposes of this 7 exemption, the bus, SCHOOL BUS OR SCHOOL VEHICLE may idle for <-- 8 no more than 15 minutes in a 60-minute period. A TOTAL OF 15 <-- 9 MINUTES IN A CONTINUOUS 60-MINUTE PERIOD, EXCEPT WHEN IDLING 10 IS NECESSARY TO MAINTAIN A SAFE TEMPERATURE FOR STUDENTS WITH 11 SPECIAL NEEDS WHO ARE TRANSPORTED BY A SCHOOL BUS OR SCHOOL 12 VEHICLE. 13 (10) (11) An occupied vehicle with a sleeper-berth <-- 14 compartment that idles for purposes of air conditioning or 15 heating during a rest or sleep period and the outside 16 temperature at the location of the vehicle AT THE START OF <-- 17 THE REST PERIOD is less than 40 degrees or greater than 75 18 degrees Fahrenheit AT ANY TIME DURING THE REST OR SLEEP <-- 19 PERIOD. This applies to a commercial motor vehicle MOTOR <-- 20 VEHICLE SUBJECT TO THIS ACT parked in any place that the 21 commercial motor vehicle is legally permitted to park, <-- 22 including but not limited to, a fleet trucking terminal, 23 commercial truck stop or designated rest area. This exemption 24 expires May 1, 2010. This exemption does not apply if the 25 vehicle is parked at a location equipped with stationary idle 26 reduction technology that is available for use AT THE START <-- 27 OF THE REST PERIOD. 28 (11) When idling is necessary for active loading or <-- 29 active unloading of property or passengers. 30 (12) WHEN IDLING IS NECESSARY FOR SAMPLING, WEIGHING, <-- 20070S0295B2485 - 6 -
1 ACTIVE LOADING OR ACTIVE UNLOADING OR FOR AN ATTENDED MOTOR 2 VEHICLE WAITING FOR SAMPLING, WEIGHING, LOADING OR UNLOADING. 3 FOR THE PURPOSES OF THIS EXEMPTION, THE VEHICLE MAY IDLE FOR 4 UP TO A TOTAL OF 15 MINUTES IN ANY CONTINUOUS 60-MINUTE 5 PERIOD. 6 (13) WHEN IDLING BY A SCHOOL BUS OR SCHOOL VEHICLE OFF <-- 7 SCHOOL PROPERTY DURING QUEUING FOR THE SEQUENTIAL DISCHARGE 8 OR PICKUP OF STUDENTS IS NECESSARY BECAUSE THE PHYSICAL 9 CONFIGURATION OF A SCHOOL OR THE SCHOOL'S SURROUNDING STREETS 10 DOES NOT ALLOW FOR STOPPING. 11 (14) WHEN IDLING IS NECESSARY FOR MAINTAINING SAFE 12 OPERATING CONDITIONS WHILE WAITING FOR A POLICE ESCORT WHEN 13 TRANSPORTING A LOAD THAT REQUIRES THE ISSUANCE OF A PERMIT IN 14 ACCORDANCE WITH 75 PA.C.S. CH. 49 SUBCH. D (RELATING TO 15 SPECIAL PERMITS FOR EXCESSIVE SIZE AND WEIGHT). 16 (15) WHEN ACTIVELY ENGAGED IN SOLID WASTE COLLECTION OR 17 THE COLLECTION OF SOURCE-SEPARATED RECYCLABLE MATERIALS. THIS 18 EXEMPTION DOES NOT APPLY WHEN A VEHICLE IS NOT ACTIVELY 19 ENGAGED IN SOLID WASTE COLLECTION OR THE COLLECTION OF 20 SOURCE-SEPARATED RECYCLABLE MATERIALS. 21 (c) (D) Exception.--The restriction on idling set forth in <-- 22 subsection (a) does not apply to a diesel-powered commercial <-- 23 motor vehicle that has a model year of 2007 or newer engine and <-- 24 exhibits a label issued by the California Air Resources Board 25 under 13 CCR § 1956.8(a)(6)(C) (relating to exhaust emissions 26 standards and test procedures - 1985 and subsequent model heavy- 27 duty engines and vehicles) showing that the vehicle's engine 28 meets the optional NOx idling emission standard. 29 Section 4. Auxiliary power system. <-- 30 For a diesel-powered commercial motor vehicle with a model 20070S0295B2485 - 7 -
1 year of 2007 or newer engine, an auxiliary power system powered 2 by a diesel-powered internal combustion engine may only be used 3 in this Commonwealth if its exhaust is routed through the 4 exhaust system of the main propulsion engine. This requirement 5 does not apply if the vehicle or auxiliary power system exhibits 6 a label issued by the California Air Resources Board under 13 7 CCR § 2485(c)(3)(A)(1) (relating to airborne toxic control 8 measure to limit diesel-fueled commercial motor vehicle idling) 9 for the auxiliary power system. 10 SECTION 4. INCREASE OF WEIGHT LIMIT. <-- 11 THE MAXIMUM GROSS WEIGHT LIMIT AND AXLE WEIGHT LIMIT FOR ANY <-- 12 MOTOR VEHICLE EQUIPPED WITH IDLE REDUCTION TECHNOLOGY MAY BE 13 INCREASED BY AN AMOUNT NECESSARY TO COMPENSATE FOR THE 14 ADDITIONAL WEIGHT OF THE IDLE REDUCTION TECHNOLOGY AS PROVIDED 15 UNDER 23 U.S.C. § 127(A)(12) (RELATING TO VEHICLE WEIGHT 16 LIMITATIONS - INTERSTATE SYSTEM), AS THAT SECTION EXISTS ON THE 17 EFFECTIVE DATE OF THIS ACT. THE ADDITIONAL AMOUNT OF WEIGHT 18 ALLOWED BY THIS SUBSECTION SHALL NOT EXCEED 400 POUNDS AND SHALL 19 NOT BE CONSTRUED TO BE IN ADDITION TO THE TOLERANCE AUTHORIZED <-- 20 UNDER 75 PA.C.S. CH. 49 SUBCH. E (RELATING TO MEASURING AND 21 ADJUSTING VEHICLE SIZE AND WEIGHT). 22 Section 5. Penalties. 23 (a) Fines.--An operator of a diesel-powered commercial motor <-- 24 vehicle THE DRIVER OR OWNER OF A DIESEL-POWERED MOTOR VEHICLE <-- 25 WITH A GROSS VEHICLE WEIGHT OF 10,001 POUNDS OR MORE ENGAGED IN <-- 26 COMMERCE OR THE OWNER OR OPERATOR OF A LOCATION WHERE SUCH 27 VEHICLES LOAD, UNLOAD OR PARK that violates the provisions of 28 this act commits a summary offense and shall, upon conviction: <-- 29 (1) For the first offense, be sentenced to pay a fine of 30 $50. 20070S0295B2485 - 8 -
1 (2) For second or subsequent offenses, be sentenced to 2 pay a fine of not less than $50 and not more than $150. 3 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO <-- 4 PAY A FINE OF NOT LESS THAN $150 AND NOT MORE THAN $300 AND <-- 5 COURT COSTS. 6 (B) ENFORCEMENT ORDERS AND CIVIL PENALTIES.--IN ADDITION TO 7 PROCEEDING UNDER ANY OTHER REMEDY AVAILABLE AT LAW OR IN EQUITY 8 FOR A VIOLATION OF THIS ACT, THE DEPARTMENT MAY ISSUE SUCH 9 ORDERS AS ARE NECESSARY TO AID IN THE ENFORCEMENT OF THE 10 PROVISIONS OF THIS ACT, AS SPECIFIED IN SECTION 10.1 OF THE ACT 11 OF JANUARY 8, 1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR 12 POLLUTION CONTROL ACT, AND MAY ASSESS A CIVIL PENALTY FOR THE 13 VIOLATION IN ACCORDANCE WITH THE PROCEDURES AND FACTORS 14 SPECIFIED IN SECTION 9.1 OF THE AIR POLLUTION CONTROL ACT. 15 NOTWITHSTANDING THE PENALTY AMOUNTS SPECIFIED IN SECTION 9.1 OF 16 THE AIR POLLUTION CONTROL ACT, A CIVIL PENALTY ASSESSED UNDER 17 THIS ACT SHALL NOT EXCEED $1,000 PER DAY FOR EACH VIOLATION OF 18 THIS ACT. 19 (b) Notification.--If the operator <-- 20 (C) NOTIFICATION.--IF THE DRIVER of a diesel-powered motor <-- 21 vehicle SUBJECT TO THIS ACT convicted of a summary offense under <-- 22 this act is not the owner of the vehicle, the department shall, 23 under procedures established in cooperation with the Department 24 of Transportation, notify the vehicle owner that the operator <-- 25 DRIVER has been convicted OR ASSESSED A CIVIL PENALTY. THE <-- 26 DEPARTMENT MAY CONSULT WITH THE DEPARTMENT OF TRANSPORTATION IN 27 THE DEVELOPMENT OF NOTIFICATION PROCEDURES, AS APPROPRIATE. THE 28 PROCEDURES SHALL INCLUDE PROVISIONS TO ALLOW FOR REIMBURSEMENT 29 OF THE DEPARTMENT OF TRANSPORTATION EXPENSES INCURRED IN THE 30 IMPLEMENTATION OF THIS SECTION. 20070S0295B2485 - 9 -
1 Section 6. Disposition of fines. 2 (a) General rule.--Except as provided in subsection (b), all 3 fines for prosecutions of an offense under this act, AND ALL <-- 4 CIVIL PENALTIES FOR VIOLATIONS OF THIS ACT, shall be payable to 5 the Commonwealth for credit to the Clean Air Fund. 6 (b) Exception for local police action.--When prosecution of 7 an offense under this act is the result of local police action, 8 the fines shall be payable as follows: 9 (1) One-half to the municipal corporation under which 10 the local police are organized. 11 (2) One-half to the Commonwealth for credit to the Clean 12 Air Fund. 13 Section 7. Enforcement. 14 The Secretary of Environmental Protection may designate 15 employees of the department to enforce the provisions of this 16 act UNDER THE SUMMARY OFFENSE PROVISIONS OF SECTION 5(A). <-- 17 EMPLOYEES OF THE DEPARTMENT SO DESIGNATED ARE HEREBY AUTHORIZED 18 TO ISSUE OR FILE CITATIONS FOR SUMMARY VIOLATIONS UNDER THIS 19 ACT, AND THE OFFICE OF GENERAL COUNSEL IS HEREBY AUTHORIZED TO 20 PROSECUTE THESE OFFENSES. The employees shall exhibit proof of 21 and be within the scope of the designation when instituting 22 SUMMARY proceedings as provided by the Pennsylvania Rules of <-- 23 Criminal Procedure. 24 SECTION 8. PERMANENT IDLING RESTRICTION SIGNS. <-- 25 AN OWNER OR OPERATOR OF A LOCATION WHERE VEHICLES SUBJECT TO 26 THIS ACT LOAD OR UNLOAD OR A LOCATION THAT PROVIDES 15 OR MORE 27 PARKING SPACES FOR VEHICLES SUBJECT TO THIS ACT SHALL ERECT AND 28 MAINTAIN A PERMANENT SIGN TO INFORM DRIVERS THAT IDLING IS 29 RESTRICTED IN THIS COMMONWEALTH, AS SPECIFIED IN 67 PA. CODE § 30 212.101(A) AND (B) (RELATING TO OFFICIAL SIGNS). 20070S0295B2485 - 10 -
1 Section 8 9. Preemption. <-- 2 (a) General rule.--Except as provided in subsection (b) <-- 3 SUBSECTIONS (B) AND (C), this act shall preempt and supersede a <-- 4 local ordinance or rule concerning the subject matter of this 5 act. 6 (b) Exception.--A local ordinance or rule concerning the 7 subject matter of this act that has been adopted by a county of 8 the first or second class shall remain in full force and effect 9 to the extent that the local ordinance or rule is more 10 restrictive than the requirements of this act if the local 11 ordinance or rule was in effect prior to January 1, 2007, and it 12 has not been amended, suspended or rendered invalid, in whole or 13 in part, by a court decision. 14 (C) PROCEDURE.--A COUNTY, CITY, TOWN, TOWNSHIP, BOROUGH OR <-- 15 LOCAL AIR POLLUTION CONTROL AUTHORITY WITH IDLING REGULATIONS IN 16 EXISTENCE BEFORE THE EFFECTIVE DATE OF THIS ACT MAY APPROVE 17 IDLING TIME LIMITS FOR BUSES IN EXCESS OF THE TIME LIMITS IN 18 THIS ACT IF THE APPROVAL APPLIES ONLY TO THE WARM-UP OF BUSES 19 OUTDOORS AT A BUS DEPOT WHEN THE TEMPERATURE IS BELOW 40 DEGREES 20 AND THE APPROVAL IS DESIGNED TO MINIMIZE IDLING. 21 (D) DEPARTMENT.--THIS ACT SHALL NOT PREVENT THE DEPARTMENT 22 FROM REGULATING EMISSIONS FROM IDLING OF MOTOR VEHICLES, AS 23 APPROPRIATE, UNDER THE ACT OF JANUARY 8, 1960 (1959 P.L.2119, 24 NO.787), KNOWN AS THE AIR POLLUTION CONTROL ACT. 25 SECTION 10. APPLICABILITY. <-- 26 THE DIESEL IDLING REQUIREMENTS OF THIS ACT ARE NOT APPLICABLE 27 TO THE OPERATING PERMIT REQUIRED UNDER 25 PA. CODE CH. 127 28 (RELATING TO CONSTRUCTION, MODIFICATION, REACTIVATION AND 29 OPERATION OF SOURCES). NO REQUIREMENTS UNDER THIS ACT MAY BE 30 INCORPORATED INTO ANY OPERATING PERMITS ISSUED BY THE DEPARTMENT 20070S0295B2485 - 11 -
1 UNDER 25 PA. CODE CH. 127. 2 Section 9 20. Effective date. <-- 3 This act shall take effect in 60 120 days. <-- A18L75MSP/20070S0295B2485 - 12 -