SB1513 103RD GENERAL ASSEMBLY

LRB103 28947 MXP 55333 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1513

Introduced 2/7/2023, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18c-7402.3 new
625 ILCS 5/18c-7402.4 new

Amends the Illinois Commercial Transportation Law of 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 no rail carrier shall cause, suffer, allow, or permit an unnecessarily foreseeable delay, up to 10 minutes from its established schedule, in a manner such as to cause or contribute to unexpected delays on the road. Imposes a statutory fine for violating the provisions.

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 Sections 18c-7402.3 and 18c-7402.4 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, so long as idling is essential to the proper repair of the locomotive.

(c) Any rail carrier that violates subsection (a) 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 not longer than 40 minutes, $500;

(2) if the duration of the idling is in excess of 40 minutes but not longer than 45 minutes, $700;

(3) if the duration of the idling is in excess of 45 minutes but not longer than 50 minutes, $900;

(4) if the duration of the idling is in excess of 50 minutes but not 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.

(625 ILCS 5/18c-7402.4 new)

Sec. 18c-7402.4. Diesel locomotive excessive delays.

(a) No rail carrier shall cause, suffer, allow, or permit an unnecessarily foreseeable delay, up to 10 minutes from its established schedule, in a manner such as to cause or contribute to unexpected delays on the road.

(b) This Section does not apply to delays that are due to weather or other unforeseeable circumstances.

(c) Any rail carrier that violates subsection (a) 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 delay is in excess of 10 minutes but not longer than 15 minutes. If the duration of the delay exceeds 15 minutes, the violation is a business offense and the following fines shall be imposed:

(1) if the duration of the delay is in excess of 15 minutes but not longer than 20 minutes, $500;

(2) if the duration of the delay is in excess of 20 minutes but not longer than 25 minutes, $700;

(3) if the duration of the delay is in excess of 25 minutes, but not longer than 30 minutes, $900;

(4) if the duration of the delay is in excess of 30 minutes but not longer than 45 minutes, $1,000; or

(5) if the duration of the delay is in excess of 45 minutes, $1,000 plus an additional $500 for each 5 minutes of delay in excess of 55 minutes of delay.