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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 332, 1707, 1739          PRINTER'S NO. 2432

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 295 Session of 2007


        INTRODUCED BY BROWNE, BOSCOLA, FERLO, COSTA, RAFFERTY, ORIE,
           ERICKSON AND VANCE, MARCH 9, 2007

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, SEPTEMBER 23, 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
    20070S0295B2432                  - 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     "SCHOOL BUS."  AS DEFINED UNDER 75 PA.C.S. § 102 (RELATING TO
    21  DEFINITIONS).
    22     "SCHOOL VEHICLE."  AS DEFINED UNDER 75 PA.C.S. § 102
    23  (RELATING TO DEFINITIONS).
    24     "STATIONARY IDLE REDUCTION TECHNOLOGY."  EQUIPMENT THAT
    25  TRANSFORMS POWER FROM THE ELECTRIC GRID FOR THE PURPOSE OF
    26  DELIVERING USABLE ELECTRIC POWER, HEAT OR AIR CONDITIONING TO A
    27  MOTOR VEHICLE FOR THE PURPOSE OF REDUCING MAIN ENGINE IDLING.
    28  Section 3.  Restrictions on idling.
    29     (a)  Restrictions.--No operator of a commercial motor vehicle  <--
    30  subject to this act shall cause or allow the engine of a diesel-
    20070S0295B2432                  - 3 -     

     1  powered commercial motor vehicle to idle for more than five
     2  minutes in any 60-minute period, except as provided in
     3  subsection (b).
     4     (A)  RESTRICTIONS.--NO DRIVER OR OWNER OF A DIESEL-POWERED     <--
     5  MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OF 10,001 POUNDS OR
     6  MORE ENGAGED IN COMMERCE OR THE OWNER OR OPERATOR OF THE
     7  LOCATION WHERE THE VEHICLES LOAD, UNLOAD OR PARK SHALL CAUSE OR
     8  ALLOW THE ENGINE OF THE VEHICLE TO IDLE FOR MORE THAN FIVE
     9  MINUTES IN ANY CONTINUOUS 60-MINUTE PERIOD, EXCEPT AS PROVIDED
    10  UNDER SUBSECTIONS (B) AND (C).
    11     (B)  EXCLUSIONS.--THE IDLING RESTRICTIONS SET FORTH IN
    12  SUBSECTION (A) DO NOT APPLY TO MOTOR HOMES, COMMERCIAL
    13  IMPLEMENTS OF HUSBANDRY, IMPLEMENTS OF HUSBANDRY, FARM EQUIPMENT
    14  OR FARM VEHICLES.
    15     (b) (C)  Exemptions.--A diesel-powered commercial motor        <--
    16  vehicle MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OF 10,001       <--
    17  POUNDS OR MORE may idle beyond the time allowed in subsection
    18  (a) for one or more of the following reasons:
    19         (1)  When a vehicle idles while forced to remain
    20     motionless because of on-highway traffic, an official traffic
    21     control device or signal or at the direction of a law
    22     enforcement official.
    23         (2)  When a vehicle must idle to operate defrosters,
    24     heaters, air conditioners or cargo refrigeration equipment,
    25     or to install equipment, in order to prevent a safety or
    26     health emergency and not for the purpose of a rest period, or
    27     as otherwise required by NECESSARY TO COMPLY WITH              <--
    28     MANUFACTURERS' OPERATING REQUIREMENTS, SPECIFICATIONS AND
    29     WARRANTIES IN ACCORDANCE WITH Federal or State motor carrier
    30     safety regulations or local requirements.
    20070S0295B2432                  - 4 -     

     1         (3)  When a police, fire, ambulance, public safety,
     2     military, UTILITY SERVICE VEHICLE or other emergency or law    <--
     3     enforcement vehicle or any vehicle being used in an emergency
     4     OR PUBLIC SAFETY capacity idles SHALL IDLE while in an         <--
     5     emergency or training mode and not for the convenience of the
     6     vehicle operator DRIVER.                                       <--
     7         (4)  When the primary propulsion engine idles for
     8     maintenance, servicing, repairing or MAINTENANCE, PARTICULATE  <--
     9     MATTER TRAP REGENERATION, SERVICING OR REPAIR OF THE VEHICLE
    10     OR FOR VEHICLE diagnostic purposes, if idling is required for
    11     that activity.
    12         (5)  When a vehicle idles as part of a Federal or State
    13     inspection to verify that all equipment is in good working
    14     order, if idling is required as part of the inspection.
    15         (6)  When idling of a primary propulsion engine is
    16     necessary to power work-related mechanical, safety or
    17     electrical operations other than propulsion. This exemption
    18     shall not apply when idling is done for cabin comfort or to
    19     operate nonessential onboard equipment.
    20         (7)  WHEN IDLING OF A PRIMARY PROPULSION ENGINE IS         <--
    21     NECESSARY AS PART OF A SECURITY INSPECTION EITHER ENTERING OR
    22     EXITING A FACILITY.
    23         (7) (8)  When an armored vehicle must idle when a person   <--
    24     remains inside the vehicle to guard contents or while the
    25     vehicle is being loaded or unloaded.
    26         (8) (9)  When a vehicle must idle due to mechanical        <--
    27     difficulties over which the driver has no control, if the
    28     vehicle owner submits the repair paperwork or product repair
    29     verifying that the mechanical problem has been fixed, by mail
    30     to the department within 30 days of the repair.
    20070S0295B2432                  - 5 -     

     1         (9) (10)  When a passenger bus BUS, SCHOOL BUS OR SCHOOL   <--
     2     VEHICLE must idle to provide heating or air conditioning when
     3     non-driver passengers are onboard. For the purposes of this
     4     exemption, the bus, SCHOOL BUS OR SCHOOL VEHICLE may idle for  <--
     5     no more than 15 minutes in a 60-minute period. A TOTAL OF 15   <--
     6     MINUTES IN A CONTINUOUS 60-MINUTE PERIOD, EXCEPT WHEN IDLING
     7     IS NECESSARY TO MAINTAIN A SAFE TEMPERATURE FOR STUDENTS WITH
     8     SPECIAL NEEDS WHO ARE TRANSPORTED BY A SCHOOL BUS OR SCHOOL
     9     VEHICLE.
    10         (10) (11)  An occupied vehicle with a sleeper-berth        <--
    11     compartment that idles for purposes of air conditioning or
    12     heating during a rest or sleep period and the outside
    13     temperature at the location of the vehicle AT THE START OF     <--
    14     THE REST PERIOD is less than 40 degrees or greater than 75
    15     degrees Fahrenheit. This applies to a commercial motor         <--
    16     vehicle MOTOR VEHICLE SUBJECT TO THIS ACT parked in any place  <--
    17     that the commercial motor vehicle is legally permitted to      <--
    18     park, including but not limited to, a fleet trucking
    19     terminal, commercial truck stop or designated rest area. This
    20     exemption expires May 1, 2010. This exemption does not apply
    21     if the vehicle is parked at a location equipped with
    22     stationary idle reduction technology that is available for
    23     use AT THE START OF THE REST PERIOD.                           <--
    24         (11)  When idling is necessary for active loading or       <--
    25     active unloading of property or passengers.
    26         (12)  WHEN IDLING IS NECESSARY FOR SAMPLING, WEIGHING,     <--
    27     ACTIVE LOADING OR ACTIVE UNLOADING OR FOR AN ATTENDED MOTOR
    28     VEHICLE WAITING FOR SAMPLING, WEIGHING, LOADING OR UNLOADING.
    29     FOR THE PURPOSES OF THIS EXEMPTION, THE VEHICLE MAY IDLE FOR
    30     UP TO A TOTAL OF 15 MINUTES IN ANY CONTINUOUS 60-MINUTE
    20070S0295B2432                  - 6 -     

     1     PERIOD.
     2         (13)  WHEN IDLING BY A SCHOOL BUS OFF SCHOOL PROPERTY
     3     DURING QUEUING FOR THE SEQUENTIAL DISCHARGE OR PICKUP OF
     4     STUDENTS IS NECESSARY BECAUSE THE PHYSICAL CONFIGURATION OF A
     5     SCHOOL OR THE SCHOOL'S SURROUNDING STREETS DOES NOT ALLOW FOR
     6     STOPPING.
     7         (14)  WHEN IDLING IS NECESSARY FOR MAINTAINING SAFE
     8     OPERATING CONDITIONS WHILE WAITING FOR A POLICE ESCORT WHEN
     9     TRANSPORTING A LOAD THAT REQUIRES THE ISSUANCE OF A PERMIT IN
    10     ACCORDANCE WITH 75 PA.C.S. CH. 49 SUBCH. D (RELATING TO
    11     SPECIAL PERMITS FOR EXCESSIVE SIZE AND WEIGHT).
    12         (15)  WHEN ACTIVELY ENGAGED IN SOLID WASTE COLLECTION OR
    13     THE COLLECTION OF SOURCE-SEPARATED RECYCLABLE MATERIALS. THIS
    14     EXEMPTION DOES NOT APPLY WHEN A VEHICLE IS NOT ACTIVELY
    15     ENGAGED IN SOLID WASTE COLLECTION OR THE COLLECTION OF
    16     SOURCE-SEPARATED RECYCLABLE MATERIALS.
    17     (c) (D)  Exception.--The restriction on idling set forth in    <--
    18  subsection (a) does not apply to a diesel-powered commercial      <--
    19  motor vehicle that has a model year of 2007 or newer engine and   <--
    20  exhibits a label issued by the California Air Resources Board
    21  under 13 CCR § 1956.8(a)(6)(C) (relating to exhaust emissions
    22  standards and test procedures - 1985 and subsequent model heavy-
    23  duty engines and vehicles) showing that the vehicle's engine
    24  meets the optional NOx idling emission standard.
    25  Section 4.  Auxiliary power system.                               <--
    26     For a diesel-powered commercial motor vehicle with a model
    27  year of 2007 or newer engine, an auxiliary power system powered
    28  by a diesel-powered internal combustion engine may only be used
    29  in this Commonwealth if its exhaust is routed through the
    30  exhaust system of the main propulsion engine. This requirement
    20070S0295B2432                  - 7 -     

     1  does not apply if the vehicle or auxiliary power system exhibits
     2  a label issued by the California Air Resources Board under 13
     3  CCR § 2485(c)(3)(A)(1) (relating to airborne toxic control
     4  measure to limit diesel-fueled commercial motor vehicle idling)
     5  for the auxiliary power system.
     6  SECTION 4.  INCREASE OF WEIGHT LIMIT.                             <--
     7     THE MAXIMUM GROSS WEIGHT LIMIT AND AXLE WEIGHT LIMIT FOR ANY
     8  MOTOR VEHICLE EQUIPPED WITH IDLE REDUCTION TECHNOLOGY MAY BE
     9  INCREASED BY AN AMOUNT NECESSARY TO COMPENSATE FOR THE
    10  ADDITIONAL WEIGHT OF THE IDLE REDUCTION TECHNOLOGY AS PROVIDED
    11  UNDER 23 U.S.C. § 127(A)(12) (RELATING TO VEHICLE WEIGHT
    12  LIMITATIONS - INTERSTATE SYSTEM), AS THAT SECTION EXISTS ON THE
    13  EFFECTIVE DATE OF THIS ACT. THE ADDITIONAL AMOUNT OF WEIGHT
    14  ALLOWED BY THIS SUBSECTION SHALL NOT EXCEED 400 POUNDS AND SHALL
    15  NOT BE CONSTRUED TO BE IN ADDITION TO THE TOLERANCE AUTHORIZED
    16  UNDER 75 PA.C.S. CH. 49 SUBCH. E (RELATING TO MEASURING AND
    17  ADJUSTING VEHICLE SIZE AND WEIGHT).
    18  Section 5.  Penalties.
    19     (a)  Fines.--An operator of a diesel-powered commercial motor  <--
    20  vehicle THE DRIVER OR OWNER OF A DIESEL-POWERED MOTOR VEHICLE     <--
    21  WITH A GROSS VEHICLE WEIGHT OF 10,001 POUNDS OR MORE ENGAGED IN
    22  COMMERCE OR THE OWNER OR OPERATOR OF A LOCATION WHERE SUCH
    23  VEHICLES LOAD, UNLOAD OR PARK that violates the provisions of
    24  this act commits a summary offense and shall, upon conviction:    <--
    25         (1)  For the first offense, be sentenced to pay a fine of
    26     $50.
    27         (2)  For second or subsequent offenses, be sentenced to
    28     pay a fine of not less than $50 and not more than $150.
    29     SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO    <--
    30     PAY A FINE OF $300.
    20070S0295B2432                  - 8 -     

     1     (B)  ENFORCEMENT ORDERS AND CIVIL PENALTIES.--IN ADDITION TO
     2  PROCEEDING UNDER ANY OTHER REMEDY AVAILABLE AT LAW OR IN EQUITY
     3  FOR A VIOLATION OF THIS ACT, THE DEPARTMENT MAY ISSUE SUCH
     4  ORDERS AS ARE NECESSARY TO AID IN THE ENFORCEMENT OF THE
     5  PROVISIONS OF THIS ACT, AS SPECIFIED IN SECTION 10.1 OF THE ACT
     6  OF JANUARY 8, 1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR
     7  POLLUTION CONTROL ACT, AND MAY ASSESS A CIVIL PENALTY FOR THE
     8  VIOLATION IN ACCORDANCE WITH THE PROCEDURES AND FACTORS
     9  SPECIFIED IN SECTION 9.1 OF THE AIR POLLUTION CONTROL ACT.
    10  NOTWITHSTANDING THE PENALTY AMOUNTS SPECIFIED IN SECTION 9.1 OF
    11  THE AIR POLLUTION CONTROL ACT, A CIVIL PENALTY ASSESSED UNDER
    12  THIS ACT SHALL NOT EXCEED $1,000 PER DAY FOR EACH VIOLATION OF
    13  THIS ACT.
    14     (b)  Notification.--If the operator                            <--
    15     (C)  NOTIFICATION.--IF THE DRIVER of a diesel-powered motor    <--
    16  vehicle SUBJECT TO THIS ACT convicted of a summary offense under  <--
    17  this act is not the owner of the vehicle, the department shall,
    18  under procedures established in cooperation with the Department
    19  of Transportation, notify the vehicle owner that the operator     <--
    20  DRIVER has been convicted OR ASSESSED A CIVIL PENALTY. THE        <--
    21  DEPARTMENT MAY CONSULT WITH THE DEPARTMENT OF TRANSPORTATION IN
    22  THE DEVELOPMENT OF NOTIFICATION PROCEDURES, AS APPROPRIATE. THE
    23  PROCEDURES SHALL INCLUDE PROVISIONS TO ALLOW FOR REIMBURSEMENT
    24  OF THE DEPARTMENT OF TRANSPORTATION EXPENSES INCURRED IN THE
    25  IMPLEMENTATION OF THIS SECTION.
    26  Section 6.  Disposition of fines.
    27     (a)  General rule.--Except as provided in subsection (b), all
    28  fines for prosecutions of an offense under this act, AND ALL      <--
    29  CIVIL PENALTIES FOR VIOLATIONS OF THIS ACT, shall be payable to
    30  the Commonwealth for credit to the Clean Air Fund.
    20070S0295B2432                  - 9 -     

     1     (b)  Exception for local police action.--When prosecution of
     2  an offense under this act is the result of local police action,
     3  the fines shall be payable as follows:
     4         (1)  One-half to the municipal corporation under which
     5     the local police are organized.
     6         (2)  One-half to the Commonwealth for credit to the Clean
     7     Air Fund.
     8  Section 7.  Enforcement.
     9     The Secretary of Environmental Protection may designate
    10  employees of the department to enforce the provisions of this
    11  act UNDER THE SUMMARY OFFENSE PROVISIONS OF SECTION 5(A).         <--
    12  EMPLOYEES OF THE DEPARTMENT SO DESIGNATED ARE HEREBY AUTHORIZED
    13  TO ISSUE OR FILE CITATIONS FOR SUMMARY VIOLATIONS UNDER THIS
    14  ACT, AND THE OFFICE OF GENERAL COUNSEL IS HEREBY AUTHORIZED TO
    15  PROSECUTE THESE OFFENSES. The employees shall exhibit proof of
    16  and be within the scope of the designation when instituting
    17  SUMMARY proceedings as provided by the Pennsylvania Rules of      <--
    18  Criminal Procedure.
    19  SECTION 8.  PERMANENT IDLING RESTRICTION SIGNS.                   <--
    20     AN OWNER OR OPERATOR OF A LOCATION WHERE VEHICLES SUBJECT TO
    21  THIS ACT LOAD OR UNLOAD OR A LOCATION THAT PROVIDES 15 OR MORE
    22  PARKING SPACES FOR VEHICLES SUBJECT TO THIS ACT SHALL ERECT AND
    23  MAINTAIN A PERMANENT SIGN TO INFORM DRIVERS THAT IDLING IS
    24  RESTRICTED IN THIS COMMONWEALTH, AS SPECIFIED IN 67 PA. CODE §
    25  212.101(A) AND (B) (RELATING TO OFFICIAL SIGNS).
    26  Section 8 9.  Preemption.                                         <--
    27     (a)  General rule.--Except as provided in subsection (b)       <--
    28  SUBSECTIONS (B) AND (C), this act shall preempt and supersede a   <--
    29  local ordinance or rule concerning the subject matter of this
    30  act.
    20070S0295B2432                 - 10 -     

     1     (b)  Exception.--A local ordinance or rule concerning the
     2  subject matter of this act that has been adopted by a county of
     3  the first or second class shall remain in full force and effect
     4  to the extent that the local ordinance or rule is more
     5  restrictive than the requirements of this act if the local
     6  ordinance or rule was in effect prior to January 1, 2007, and it
     7  has not been amended, suspended or rendered invalid, in whole or
     8  in part, by a court decision.
     9     (C)  PROCEDURE.--A COUNTY, CITY, TOWN, TOWNSHIP, BOROUGH OR    <--
    10  LOCAL AIR POLLUTION CONTROL AUTHORITY WITH IDLING REGULATIONS IN
    11  EXISTENCE BEFORE THE EFFECTIVE DATE OF THIS ACT MAY APPROVE
    12  IDLING TIME LIMITS FOR BUSES IN EXCESS OF THE TIME LIMITS IN
    13  THIS ACT IF THE APPROVAL APPLIES ONLY TO THE WARM-UP OF BUSES
    14  OUTDOORS AT A BUS DEPOT WHEN THE TEMPERATURE IS BELOW 40 DEGREES
    15  AND THE APPROVAL IS DESIGNED TO MINIMIZE IDLING.
    16     (D)  DEPARTMENT.--THIS ACT SHALL NOT PREVENT THE DEPARTMENT
    17  FROM REGULATING EMISSIONS FROM IDLING OF MOTOR VEHICLES, AS
    18  APPROPRIATE, UNDER THE ACT OF JANUARY 8, 1960 (1959 P.L.2119,
    19  NO.787), KNOWN AS THE AIR POLLUTION CONTROL ACT.
    20  Section 9 20.  Effective date.                                    <--
    21     This act shall take effect in 60 120 days.                     <--






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