Bill Text: OR HB2081 | 2011 | Regular Session | Enrolled
Bill Title: Relating to greenhouse gas emissions from trucking.
Sponsorship: Unknown
Status: (Passed) 2011-06-16 - Chapter 349, (2011 Laws): Effective date January 1, 2012. [HB2081 Detail]
Download: Oregon-2011-HB2081-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2081
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for
Department of Environmental Quality)
CHAPTER ................
AN ACT
Relating to greenhouse gas emissions from trucking.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 3 to 6 of this 2011 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + The purpose of sections 3 to 6 of this 2011 Act
is to reduce greenhouse gas and other emissions from the use of
commercial vehicles, as defined in section 3 of this 2011
Act. + }
SECTION 3. { + As used in sections 3 to 6 of this 2011 Act:
(1) 'Auxiliary power unit' means any device that is installed
on a commercial vehicle that provides electrical, mechanical or
thermal energy to the vehicle cab, a sleeper berth, a bus
passenger compartment or any other vehicle cab, as an alternative
to idling the primary engine.
(2) 'Cargo temperature control unit' means any device used for
controlling the temperature of a cargo transport area.
(3) 'Commercial vehicle' means a commercial vehicle with a
gross vehicle weight rating that is greater than 10,000 pounds.
(4) 'Idle reduction technology' means any device or system of
devices that is installed on a commercial vehicle and that is
designed to provide heat, air conditioning or electricity that
would otherwise require the operation of the primary engine.
(5) 'Idling' means operation of the primary engine of a
commercial vehicle while the vehicle is stationary.
(6) 'Primary engine' means an internal combustion engine
attached to a commercial vehicle that provides the power to
propel the vehicle into motion and maintain motion. + }
SECTION 4. { + (1) A person commits the offense of unlawfully
idling the primary engine of a commercial vehicle if the person
is operating a commercial vehicle and the person:
(a) Stops the commercial vehicle; and
(b) Allows the engine of the commercial vehicle to idle for
more than five minutes in any continuous 60-minute period.
(2) For purposes of this section, a person is not idling a
primary engine if the person:
(a) Operates an auxiliary power unit, generator set or other
idle reduction technology as a means to heat, air condition or
provide electrical power.
(b) Operates a cargo temperature control unit to maintain the
cargo.
Enrolled House Bill 2081 (HB 2081-B) Page 1
(3) A citation issued under this section may be issued to the
person operating the commercial vehicle, the motor carrier as
defined in ORS 825.005, or both.
(4) The offense described in this section, unlawfully idling
the primary engine of a commercial vehicle, applies on any
premises open to the public.
(5) The offense described in this section, unlawfully idling
the primary engine of a commercial vehicle, is a Class C traffic
violation. + }
SECTION 5. { + Section 4 of this 2011 Act does not apply to a
commercial vehicle if it is necessary to idle the primary engine
of the commercial vehicle:
(1) Due to traffic, a traffic control device or mechanical
difficulties over which the operator has no control or at the
direction of a law enforcement official or road authority.
(2) Due to the need to operate defrosters, heaters or air
conditioners or installing equipment necessary to comply with
manufacturers' operating requirements, specifications and
warranties or with federal, state or local safety regulations.
(3) Because the commercial vehicle is a police, fire,
ambulance, public safety, military, utility service or road
authority vehicle, or any other vehicle being used to respond to
an emergency or for other public safety purposes, or being
actively used for training for emergencies or public safety.
(4) For maintenance, service, repair or diagnostic purposes or
for particulate matter trap regeneration.
(5) For a state or federal inspection to verify that all
equipment is in good working order.
(6) To power work-related mechanical, safety, electrical or
construction equipment installed on the vehicle that is not used
for propulsion.
(7) Because the commercial vehicle is an armored vehicle and a
person must remain inside the vehicle to guard the contents or
while the vehicle is being loaded or unloaded.
(8) To maintain the comfort of commercial bus passengers while
passengers are on board.
(9) In a commercial vehicle with a gross vehicle weight rating
of more than 26,000 pounds, for purposes of air conditioning or
heating during a rest or sleep period and the outside temperature
is less than 50 degrees or greater than 75 degrees Fahrenheit at
any time during the rest or sleep period. This subsection
applies to a commercial vehicle with a sleeper berth compartment
that is parked in any place that a commercial vehicle is legally
permitted to park, including, but not limited to, a fleet
trucking terminal, commercial vehicle stop or designated rest
area. This exemption does not apply if the commercial vehicle is
equipped with an auxiliary power unit or other suitable idle
reduction technology, if the commercial vehicle is parked at a
location equipped with suitable stationary idle reduction
technology that is available for use, or during a rest or sleep
period when the commercial vehicle is parked on or adjacent to a
public or private educational institution offering education in
all or part of kindergarten through grade 12, unless the outside
temperature is greater than 75 degrees Fahrenheit and the
auxiliary power unit provides heating only, in which case the
person may idle the primary engine to provide air conditioning.
(10) In a commercial vehicle with a gross vehicle weight rating
of more than 26,000 pounds, for purposes of air conditioning or
heating while waiting to load or unload the commercial vehicle or
while actually loading or unloading the commercial vehicle, and
Enrolled House Bill 2081 (HB 2081-B) Page 2
the outside temperature is less than 50 degrees or greater than
75 degrees Fahrenheit at the time. This exemption does not apply
if the commercial vehicle is equipped with an auxiliary power
unit or other suitable idle reduction technology, or if the
commercial vehicle is parked at a location equipped with suitable
stationary idle reduction technology that is available for use,
unless the outside temperature is greater than 75 degrees
Fahrenheit and the auxiliary power unit provides heating only, in
which case the person may idle the primary engine to provide air
conditioning.
(11) For a maximum of 30 minutes while waiting to load or
unload the commercial vehicle or while actually loading or
unloading the commercial vehicle during a single loading or
unloading event. + }
SECTION 6. { + (1) The authority to regulate the idling of
primary engines in commercial vehicles is vested solely in the
Legislative Assembly. A city, county or other local government
may not enact any charter provision, ordinance, resolution or
other provision regulating the idling of primary engines in
commercial vehicles.
(2) Notwithstanding subsection (1) of this section, a city,
county or other local government may enforce any charter
provision, ordinance, resolution or other provision regulating
the idling of primary engines in commercial vehicles in effect on
January 1, 2011. + }
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Passed by House April 12, 2011
Repassed by House June 2, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 31, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2081 (HB 2081-B) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2081 (HB 2081-B) Page 4
