Bill Text: NH HB508 | 2013 | Regular Session | Amended
Bill Title: Relative to idling by diesel locomotives.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2013-05-23 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; [HB508 Detail]
Download: New_Hampshire-2013-HB508-Amended.html
HB 508 – AS AMENDED BY THE HOUSE
20Mar2013… 0424h
2013 SESSION
08/01
HOUSE BILL 508
AN ACT relative to idling by diesel locomotives.
SPONSORS: Rep. Major, Rock 14; Rep. DeSimone, Rock 14; Rep. Friel, Rock 14
COMMITTEE: Science, Technology and Energy
This bill prohibits the idling of a diesel locomotive except in certain circumstances.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20Mar2013… 0424h
13-0220
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to idling by diesel locomotives.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Idling by Diesel Locomotives. Amend RSA 125-C by inserting after section 10-c the following new section:
125-C:10-d Idling by Diesel Locomotives.
I. For purposes of this section “commuter rail” means urban passenger train service consisting of local short distance travel operating between adjacent cities and towns, or between a central city and adjacent suburbs, using either locomotive hauled or multiple unit railroad passenger cars.
II. No person shall cause or permit the unnecessary and foreseeable idling of a commuter rail diesel locomotive for a continuous period of time longer than 30 minutes. This section shall not apply to commuter rail diesel locomotives being serviced, provided that idling is essential to the proper repair of said locomotive and that such idling does not cause or contribute to a condition of air pollution. Diesel locomotives other than commuter rail shall not be subject to the idling restriction in this section, unless the location where a locomotive idles is less than 1000 feet from any residential area, school, nursing home, day care, hospital, or other sensitive receptor.
III. Local law enforcement may enforce the provisions of this section. Any person who violates any provision of this section shall be guilty of a violation and may be assessed by local law enforcement, after notice and hearing, a fine for the first offense not to exceed $500 and for each subsequent offense not to exceed $2000 which shall be paid to the clerk of the town or city where the violation occurred.
IV. Nothing in this section shall be construed to limit the authority of a municipality or the department of health and human services to prevent and remove nuisances and protect public health in accordance with RSA 147, or of a municipality to adopt and enforce land use ordinances and regulations pursuant to RSA 674 and RSA 675 relative to idling of locomotives. A municipality shall not establish quantifiable emission limits, require testing, monitoring, or certification, or specify the types of fuels used. In exercising its authority under this section, a municipality shall not unreasonably limit the operation of locomotives.
V. This section shall not apply to diesel locomotives used for amusement railroads. The term “amusement railroad” shall have the same definition as in RSA 82:1, III.
2 Effective Date. This act shall take effect July 1, 2014.
