BILL REQ. #:  H-0366.1 

Read first time 02/04/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to the idling time and emissions reduction program; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds and declares the following:
     (a) Air pollution in this state is an ongoing problem that impacts the health and safety of its residents.
     (b) Ocean marine terminals often become congested with long lines forcing trucks to idle for extended periods of time.
     (c) Idling trucks emit air contaminants, including oxides of nitrogen, carbon dioxide, and particulate matter.
     (d) Many marine terminals and ports in this state are close in proximity to residential areas and businesses frequented by the public.
     (e) Owners and operators of ocean marine terminals and ports generally do not directly own or control trucks that move containers and other cargo to and from or transact business at the terminals. However, due to the manner in which some terminals are operated, including but not limited to, setting short gate hours and maintaining systems that do not disperse truck transactions throughout the day, and because trucks must operate within the systems established by the owners and operators of ocean marine terminals, trucks are forced to idle for extended periods of time and create severe congestion on public roadways in communities at and near ocean marine terminals and ports.
     (2) It is the intent of the legislature to prohibit extended idling by trucks at ocean marine terminals and ports in order to protect the health and safety of all Washington citizens.
     (3) It is the intent of the legislature, in enacting this chapter, to reduce only emissions of particulate matter that are caused by trucks idling at ocean marine terminals in this state.

NEW SECTION.  Sec. 2   (1) Each ocean marine terminal must operate in a manner that does not cause the engines of diesel trucks to idle or queue for more than thirty minutes while waiting to enter an ocean marine terminal. Accordingly, an ocean marine terminal will receive a citation and fine of two hundred fifty dollars for every truck that idles for more than thirty minutes while waiting to enter the ocean marine terminal.
     (2) In addition, an ocean marine terminal that takes action intended to avoid or circumvent the requirements of this chapter or to avoid or circumvent the reduction of emissions of particulate matter from idling or queuing trucks is subject to a fine of seven hundred fifty dollars per truck per violation.
     (3) Actions intended to avoid or circumvent the requirements of this chapter, include, but are not limited to:
     (a) Diverting an idling truck to area highways or alternate staging areas;
     (b) Requiring a truck to idle or queue inside the gate of a marine terminal; and
     (c) Requiring or directing a truck driver to turn on and off an engine while queuing.
     (4) An action taken by an ocean marine terminal to assess or seek reimbursement from the driver or owner of a truck for a violation of this section is a misdemeanor.
     (5) An ocean marine terminal does not violate this chapter by causing a truck to idle for more than thirty minutes while waiting to enter the gate into a marine terminal, if the delay is caused by:
     (a) Acts of God;
     (b) Labor disputes;
     (c) Declared state and federal emergencies; or
     (d) If the department of ecology or the state patrol finds that an unavoidable or unforeseeable event caused trucks to idle and that the terminal is otherwise in good faith compliance with this chapter.

NEW SECTION.  Sec. 3   (1) Section 2(1) of this act does not apply to ocean marine terminals that provide two continuous hours of uninterrupted, fully staffed receiving and delivery gates two hours before and after peak commuter hours each day, at least five days per week.
     (a) "Peak commuter hours" are those hours determined by the department of ecology, in consultation with the owners and operators of the marine terminals and any labor union that is represented at those marine terminals.
     (b) The department of ecology shall notify marine terminals of the final determination of the "peak commuter hours."
     (2) Section 2(1) of this act does not apply to ocean marine terminals that operate fully staffed receiving and delivery gates for seventy or more hours, five days per week.
     (3) To qualify under this section, ocean marine terminals must notify the department of ecology of the date of implementation of subsection (2) of this section. The ocean marine terminal is subject to this chapter until the date of implementation of subsection (2) of this section.

NEW SECTION.  Sec. 4   (1) The department of ecology shall monitor ocean marine terminals to ensure compliance with this chapter. The state patrol district with geographical jurisdiction over that ocean marine terminal is charged with enforcement of this chapter's requirements.
     (2) The department of ecology shall issue citations to the ocean marine terminal for violations of section 2 of this act. Citations must include the following information:
     (a) Truck license plate number;
     (b) Name of the marine terminal and port at which the violation occurred; and
     (c) Date and time of the violation.
     (3) Failure to pay a fine under section 2 of this act, or receipt of three or more such fines during a three-month period, is a misdemeanor and will result in a suspension of the ocean marine terminal's motor carrier property permit. The department of ecology also shall forward a recommendation to the Federal Motor Carrier Safety Administration for administrative or other action deemed necessary against the carrier's interstate operating authority.
     (4) The department of ecology shall determine the necessary level of monitoring and enforcement commensurate with the level of the truck idling problem at each marine terminal, and adopt such rules as are necessary to effectuate the purpose of reducing emissions of particulate matter from idling or queuing trucks intended by this chapter.

NEW SECTION.  Sec. 5   Nothing in this chapter relieves a commercial driver or commercial motor carrier of any duty imposed by state or federal law related to the safe operation of a commercial motor vehicle.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW.