S2217

An Act concerning the operation of heavy-duty diesel trucks at all marine terminals, and agreeing with the State of New York with respect to the operation of heavy-duty diesel trucks at marine terminals leased by the Port Authority of New York and New Jersey, and supplementing P.L.1947, c.44 (C.32:1-35.28 et seq.), and amending and supplementing P.L.1968, c.60.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The Legislature finds and declares: that air pollution in the State is an ongoing problem that impacts the health and safety of its residents; that marine terminals in the State often become congested with long lines forcing heavy-duty diesel trucks to idle for extended periods of time; that idling heavy-duty diesel trucks emit air contaminants, including carbon dioxide, carbon monoxide, oxides of nitrogen, and particulate matter; that many marine terminals and the port districts in the State are in close proximity to residential areas and businesses frequented by the public; that owners and operators of marine terminals generally do not directly own or control the heavy-duty diesel trucks that move containers and other cargo to and from, or transact business at, the marine terminals, but, due to the manner in which some marine terminals operate, including, but not limited to, the setting of short gate hours and maintaining systems that do not disperse truck transactions throughout the day, heavy-duty diesel trucks are forced to operate within the systems established by the owners and operators of marine terminals and idle for extended periods of time, creating severe congestion on public roadways in communities in which the marine terminals are located, communities near marine terminals, and communities in the port districts.

The Legislature therefore determines it is in the best interest of the public health and safety of the residents of the State to prohibit the extended idling of heavy-duty diesel trucks at marine terminals in the port districts in order to protect the health and safety of all the residents of the State; and that by enacting the provisions of this act, the State may significantly reduce the particulate matter emissions that are released by heavy-duty diesel trucks idling at marine terminals in the State.

2. (New section) a. The Department of Environmental Protection, in consultation and in conjunction with the Division of Motor Vehicles and the Division of State Police, shall monitor the operation of marine terminals in the South Jersey Port District pursuant to P.L. c. (C. ) (pending before the Legislature as
this bill), the compliance of marine terminals with the provisions of section 3 of P.L. , c. (C. ) ( pending before the Legislature as this bill), and to the extent practicable, any air quality benefit from reduced particulate emissions that may be quantifiable from the enactment and enforcement of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Department of Environmental Protection shall determine the necessary level of monitoring commensurate with the magnitude of the heavy-duty diesel truck idling problem at each marine terminal in the State as reported to the Department of Environmental Protection by the Division of Motor Vehicles pursuant to subsection b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall adopt, in consultation with the Division of Motor Vehicles, any rules or regulations necessary to effectuate the reduction of particulate matter emissions from idling or queuing heavy-duty diesel trucks at marine terminals.

c. For the purposes of this section, "heavy-duty diesel truck" means any diesel-powered motor vehicle, whether registered in this State or elsewhere, with a gross vehicle weight rating (GVWR) of 18,000 or more pounds that is designed or used for the transporting of property on any public road, street or highway or any public or quasi-public property in the State. Heavy-duty diesel truck shall not mean a heavy-duty diesel truck owned and operated by a county, municipality, fire district, or duly incorporated nonprofit organization for first aid, emergency, ambulance, rescue, or fire-fighting purposes.

d. The provisions of this section shall not apply to marine terminals within the South Jersey Port District until 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. (New section) a. Except as provided in subsection e. of this section, no heavy-duty diesel truck may idle or queue for more than 30 minutes while waiting to enter any marine terminal.

b. No owner or operator of a marine terminal may take any action intended to avoid complying with, or to circumvent, the requirements of this act, or to avoid or circumvent the reduction of particulate matter emissions from idling or queuing heavy-duty diesel trucks, including, but not limited to:

(1) Diverting an idling heavy-duty diesel truck to area highways or alternate staging areas;

(2) Requiring a heavy-duty diesel truck to idle or queue inside the gate of a marine terminal; or

(3) Requiring or directing a heavy-duty diesel truck driver to turn on and off an engine while queuing.

c. It shall not constitute a violation of this section if a heavy-duty diesel truck is idling or queuing for more than 30 minutes while waiting to enter the gate of a marine terminal if the idling or queuing is caused by:

(1) an act of God;

(2) a labor dispute;

(3) a declared federal or State emergency; or

(4) an event that the Director of the Division of Motor Vehicles or the Superintendent of State Police determines was unavoidable or unforeseeable, and that the owner and the operator of the marine terminal are otherwise in good faith compliance with the act.

d. The operator of a marine terminal shall be subject to a fine of $250 for each heavy-duty diesel truck found in violation of subsection a. of this section, and shall be subject to a fine of $750 for each truck involved in a violation of subsection b. of this section. Failure to pay a fine imposed pursuant to this subsection, or the imposition of three or more such fines during a three month period shall constitute grounds for the suspension of the marine terminal motor carrier property permit, and the Division of Motor Vehicles shall forward a recommendation to the federal Motor Carrier Safety Administration for administrative or other action deemed necessary against the motor carrier's interstate operating authority.

e. A marine terminal shall be exempt from the provisions of subsection a. of this section , provided that:

(1) the owner or operator of the marine terminal provides two continuous hours of uninterrupted, fully staffed receiving and delivery gates two hours prior to and after peak commuter hours each day, as determined by the Division of Motor Vehicles, at least five days per wee; or fully staffed receiving and delivery gates for 70 or more hours, five days per week; and

(2) the owner or operator of the marine terminal notifies in writing the Department of Environmental Protection and the Division of Motor Vehicles of the implementation of the provisions of paragraph (1) of this section and the date of the implementation.

The exemption of a marine terminal pursuant to this subsection shall be effective on the date of receipt of the notification required under subsection f. of this section from the Department of Environmental Protection or the Division of Motor Vehicles, whichever date is later. The exemption shall not take effect until both the Department of Environmental Protection and the Division of Motor Vehicles have notified the owner or operator of receipt of the notification from the owner or operator pursuant to paragraph (2) of this subsection.

f. The Department of Environmental Protection and the Division of Motor Vehicles shall each notify in writing the owner or operator of the marine terminal who provides notification pursuant to paragraph (2) of this subsection that the notification has been received.

g. The Division of Motor Vehicles shall promptly notify the Superintendent of State Police of any marine terminal exempted from the provisions of subsection a. of this section pursuant to subsection d. of this section, and no owner or operator of a marine terminal that is exempt shall be liable for any fine assessed against the owner or operator due to the Superintendent of State Police not receiving this notification.

h. For the purposes of this section, "heavy-duty diesel truck" means any diesel-powered motor vehicle, whether registered in this State or elsewhere, with a gross vehicle weight rating (GVWR) of 18,000 or more pounds that is designed or used for the transporting of property on any public road, street or highway or any public or quasi-public property in the State. Heavy-duty diesel truck shall not mean a heavy-duty diesel truck owned and operated by a county, municipality, fire district, or duly incorporated nonprofit organization for first aid, emergency, ambulance, rescue, or fire-fighting purposes.

i. The provisions of this section shall not apply to marine terminals within the South Jersey Port District until 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. (New section) a. The Division of State Police, in conjunction with the Division of Motor Vehicles, shall enforce the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Superintendent of State Police and the Director of the Division of Motor Vehicles, in consultation with each other and independently, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary for the implementation and enforcement of P.L. , c. (C. ) (pending before the Legislature as this bill), except that the Superintendent of State Police or the Director of the Division of Motor Vehicles, as appropriate, and in the appropriate manner, shall provide for citations issued pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to include the truck license plate number, the name of the marine terminal and port district at which the violation occurred, and the date and time of the violation.

c. The Division of Motor Vehicles shall report annually to the Department of Environmental Protection concerning the magnitude of the heavy-duty diesel truck idling problem at each marine terminal in the State. The Division of Motor Vehicles shall consult with the Department of Environmental Protection as to the information that the Department of Environmental Protection would find most useful in assessing the magnitude of the heavy-duty diesel truck idling problem, including, but not limited to, the number of violations of the act.

5. Section 3 of P.L.1968, c.60 (C.12:11A-3) is amended to read as follows:

3. As used in this act:

"Corporation" or "port corporation" [shall mean] means the South Jersey Port Corporation, created by this act, or, if said corporation shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the corporation shall be given by law[.];

"Cost," in addition to the usual meanings thereof, means the cost of acquisition or construction of all or any part of a marine terminal and of all or any property, rights, easements, privileges, agreements and franchises deemed by the corporation to be necessary or useful and convenient therefor or in connection therewith, including interest or discount on bonds, cost of issuance of bonds; engineering and inspection costs and legal expenses; cost of financial, professional and other estimates and advice; organization, administration, operation and other expenses of the corporation prior to and during such acquisition or construction; and all such other expenses as may be necessary or incident to the financing, acquisition, construction and completion of said marine terminal or part thereof and placing of same in operation; and also such provision or reserves for working capital, operating or maintenance or replacement expenses, or for payment or security of principal of or interest on bonds prior to during or after such acquisition or construction and including also payments to its South Jersey Port Corporation Reserve Fund and payments required under Tax Agreements with counties or municipalities pursuant to section 20 of this act "District" or "port district" shall mean the South Jersey Port District created by this act;

"Heavy-duty diesel truck" means any diesel-powered motor vehicle, whether registered in this State or elsewhere, with a gross vehicle weight rating (GVWR) of 18,000 or more pounds that is designed or used for the transporting of property on any public road, street or highway or any public or quasi-public property in the State. Heavy-duty diesel truck shall not mean a heavy-duty diesel truck owned and operated by a county, municipality, fire district, or duly incorporated nonprofit organization for first aid, emergency, ambulance, rescue, or fire-fighting purposes;

"Marine terminals" [shall mean] means developments, consisting of one or more piers, wharves, docks, bulkheads, slips, basins, vehicular roadways, railroad connections, side tracks, sidings or other buildings, structures, facilities or improvements, necessary or convenient to the accommodation of steamships or other vessels and their cargoes or passengers[.];

"Marine terminal purposes" [shall mean] means the effectuation, establishment, acquisition, construction, rehabilitation, improvement, maintenance, ownership and operation of marine terminals[.];

"Private marine terminal" means any marine terminal operated and maintained by a private marine terminal operator; and;

"Private marine terminal operator" [shall mean] means any person or persons, corporation, partnership or any business organization which shall operate and maintain any of the marine terminals established, acquired, constructed, rehabilitated or improved by the South Jersey Port Corporation by means of and through leasing agreements entered into by any such person or persons, corporation, partnership or any business organization with the South Jersey Port Corporation.

["Cost," in addition to the usual meanings thereof, means the cost of acquisition or construction of all or any part of a marine terminal and of all or any property, rights, easements, privileges, agreements and franchises deemed by the corporation to be necessary or useful and convenient therefore or in connection therewith, including interest or discount on bonds, cost of issuance of bonds; engineering and inspection costs and legal expenses; cost of financial, professional and other estimates and advice; organization, administration, operation and other expenses of the corporation prior to and during such acquisition or construction; and all such other expenses as may be necessary or incident to the financing, acquisition, construction and completion of said marine terminal or part thereof and placing of same in operation; and also such provision or reserves for working capital, operating or maintenance or replacement expenses, or for payment or security of principal of or interest on bonds prior to during or after such acquisition or construction and including also payments to its South Jersey Port Corporation Reserve Fund and payments required under Tax Agreements with counties or municipalities pursuant to section 20 of this act.]

(cf: P.L.1968, c. 60, s. 3)

6. (New section) Within 180 days after the effective date of P.L. , c. (C. ) (before the Legislature as this bill), the South Jersey Port Corporation shall establish and implement procedures for the operations of the marine terminals within the South Jersey Port District owned, operated and maintained by the port corporation, any private marine terminal in the port district leased by the corporation, and any municipal marine terminal in the port district in use by the port corporation, that shall ensure the maximum compliance with the requirements of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

7. (New section) To the extent that any provision of P.L. , c. (C. ) (pending before the Legislature as this bill) may abrogate any provision of any contract entered into by the South Jersey Port Corporation, that provision shall not be enforced until such time as the contract expires or the terms of the contract can be legally renegotiated to reflect compliance with the provisions of P.L., c. (C. ) (pending before the Legislature as this bill).

8. (New section) The Legislature finds and declares: that air pollution in the State is an ongoing problem that impacts the health and safety of its residents; that marine terminals in the State often become congested with long lines forcing heavy-duty diesel trucks to idle for extended periods of time; that idling heavy-duty diesel trucks emit air contaminants, including carbon dioxide, carbon monoxide, oxides of nitrogen, and particulate matter; that many marine terminals and the port districts in the State are in close proximity to residential areas and businesses frequented by the public; that owners and operators of marine terminals generally do not directly own or control the heavy-duty diesel trucks that move containers and other cargo to and from, or transact business at, the marine terminals, but, due to the manner in which some marine terminals operate, including, but not limited to, the setting of short gate hours and maintaining systems that do not disperse truck transactions throughout the day, heavy-duty diesel trucks are forced to operate within the systems established by the owners and operators of marine terminals and idle for extended periods of time, creating severe congestion on public roadways in communities in which the marine terminals are located, communities near marine terminals, and communities in the port districts.

9. (New section) a. The Department of Environmental Protection, in consultation and in conjunction with the Division of Motor Vehicles and the Division of State Police, shall monitor the operation of marine terminals in the port district of New York and New Jersey, the compliance of marine terminals with the provisions of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), and to the extent practicable, any air quality benefit from reduced particulate emissions that may be quantifiable from the enactment and enforcement of the provisions of sections 8 through 13 inclusive of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Department of Environmental Protection shall determine the necessary level of monitoring commensurate with the magnitude of the heavy-duty diesel truck idling problem at each marine terminal in the port district of New York and New Jersey as reported to the Department of Environmental Protection by the Division of Motor Vehicles pursuant to subsection c. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall adopt, in consultation with the Division of Motor Vehicles, any rules or regulations necessary to effectuate the reduction of particulate matter emissions from idling or queuing heavy-duty diesel trucks at marine terminals in the port district of New York and New Jersey.

10. (New section) a. Except as provided in subsection e. of this section, no heavy-duty diesel truck may idle or queue for more than 30 minutes while waiting to enter any marine terminal in the port district of New York and New Jersey.

b. No owner or operator of a marine terminal in the port district may take any action intended to avoid complying with, or to circumvent, the requirements of this act, or to avoid or circumvent the reduction of particulate matter emissions from idling or queuing trucks, including, but not limited to:

(1) Diverting an idling truck to area highways or alternate staging areas;

(2) Requiring a truck to idle or queue inside the gate of a marine terminal; or

(3) Requiring or directing a truck driver to turn on and off an engine while queuing.

(1) an act of God;

(2) a labor dispute;

(3) a declared federal or State emergency; or

(4) an event that the Director of the Division of Motor Vehicles or the Superintendent of State Police determines was unavoidable or unforseeable, and that the owner and the operator of the marine terminal are otherwise in good faith compliance with the act.

d. The operator of a marine terminal in the port district shall be subject to a fine of $250 for each heavy-duty diesel truck found in violation of subsection a. of this section, and shall be subject to a fine of $750 for each truck involved in a violation of subsection b. of this section. Failure to pay a fine imposed pursuant to this subsection, or the imposition of three or more such fines during a three month period shall constitute grounds for the suspension of the marine terminal motor carrier property permit, and the Division of Motor Vehicles shall forward a recommendation to the federal Motor Carrier Safety Administration for administrative or other action deemed necessary against the motor carrier's interstate operating authority.

e. A marine terminal in the port district shall be exempt from the provisions of subsection a. of this section , provided that:

f. The Department of Environmental Protection and the Division of Motor Vehicles shall each notify in writing the owner or operator of the marine terminal who provides notification pursuant to paragraph (2) of subsection e. of this section that the notification has been received.

g. The Division of Motor Vehicles shall promptly notify the Superintendent of State Police of any marine terminal exempted from the provisions of subsection a. of this section pursuant to subsection e. of this section, and no owner or operator of a marine terminal that is exempt shall be liable for any fine assessed against the owner or operator due to the Superintendent of State Police not receiving this notification.

11. (New section) a. The Division of State Police, in conjunction with the Division of Motor Vehicles, shall enforce the provisions of sections 8 through 13 inclusive of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Superintendent of State Police and the Director of the Division of Motor Vehicles, in consultation with each other and independently, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary for the implementation and enforcement of sections 8 through 13 inclusive of P.L. , c. (C. ) (pending before the Legislature as this bill), except that the Superintendent of State Police or the Director of the Division of Motor Vehicles, as appropriate, and in the appropriate manner, shall provide for citations issued pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to include the truck license plate number, the name of the marine terminal and port district at which the violation occurred, and the date and time of the violation.

12. (New section) The Port Authority of New York and New Jersey shall establish and implement procedures for the operations of the marine terminals owned by the Port Authority of New York and New Jersey that shall ensure the maximum compliance with the requirements of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall include these procedures in the terms of any leasing contract with any marine terminal operator in the port district of New York and New Jersey.

13. (New section) To the extent that any provision of sections 8 through 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) may abrogate any provision of any contract entered into by the Port Authority of New York and New Jersey, that provision shall not be enforced until such time as the contract expires or the terms of the contract can be legally renegotiated to reflect compliance with the provisions of sections 8 through 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).

14. This act shall take effect immediately, except for sections 8 through 13 inclusive that shall take effect upon the enactment into law by the State of New York of legislation having an identical effect with sections 8 through 13 inclusive of this act, or, if the State of New York shall have already enacted such legislation, then sections 8 through 13 inclusive of this act shall take effect immediately.

STATEMENT

This bill provides for the reduction of particulate matter emissions from heavy-duty diesel trucks operating at marine terminals in port districts in the State by prohibiting the idling or queuing of such trucks at marine terminals for more than 30 minutes.

Because there are two port districts in the State with marine terminals that are owned, operated or leased by two separate independent authorities, sections 1 through 7 of the bill provide for this regulation of heavy-duty diesel trucks in the South Jersey Port District by the South Jersey Port Corporation and sections 8 through 13 of the bill provide for this regulation of heavy-duty diesel trucks in the port district of New York and New Jersey by the Port Authority of New York and New Jersey. The requirements and enforcement provisions under sections 1 through 7 are identical in their effect on marine terminals and heavy-duty diesel trucks as the requirements and enforcement provisions under sections 8 through 13. The bill also provides for sections 8 through 13 to take effect when the State of New York has enacted legislation having an identical effect, or immediately, if the State of New York has already enacted such legislation. Because the port district of New York and New Jersey is governed by a bi-state compact, any legislation affecting the operations within the port district must be enacted by both the State of New Jersey and the State of New York.

The bill directs the Department of Environmental Protection (DEP) to monitor the operation and compliance of marine terminals in the port districts, and to the extent practicable, any air quality benefit from reduced particulate emissions that may be quantifiable. The DEP is further directed to determine the level of monitoring required based on the magnitude of the problem of idling trucks as reported by the Division of Motor Vehicles (DMV), and adopt, in consultation with the Division of Motor Vehicles, any rules or regulations necessary to reduce particulate matter emissions from idling or queuing heavy-duty diesel trucks at marine terminals.

The bill prohibits heavy-duty diesel trucks from idling or queuing for more than 30 minutes while waiting to enter any marine terminal, and any owner or operator of a marine terminal from taking any action intended to avoid complying with, or to circumvent, the requirements of the act including, but not limited to:

1) diverting an idling truck to area highways or alternate staging areas;

2) requiring a truck to idle or queue inside the gate of a marine terminal; or

3) requiring or directing a truck driver to turn on and off an engine while queuing.

The bill provides that the operator of a marine terminal is subject to a fine of $250 for each heavy-duty diesel truck found in violation of the idling or queuing prohibition, and is subject to a fine of $750 for each truck involved in a violation of avoiding compliance with, or circumventing, the act. Failure to pay a fine imposed, or the imposition of three or more such fines during a three month period constitutes grounds for the suspension of the marine terminal motor carrier property permit, and bill directs the Division of Motor Vehicles to forward a recommendation to the federal Motor Carrier Safety Administration for administrative or other action deemed necessary against the motor carrier's interstate operating authority.

The bill exempts from enforcement any violations caused by acts of God, labor disputes, declared federal or State emergencies, or events the Director of the Division of Motor Vehicles or the Superintendent of State Police determine are unavoidable or unforeseeable, provided that the owner and the operator of the marine terminal are otherwise in good faith compliance with the act. Marine terminals that establish certain procedures are exempt from the idling or queuing prohibition. The exempting procedures are: 1) the owner or operator of the marine terminal provides two continuous hours of uninterrupted, fully staffed receiving and delivery gates two hours prior to and after peak commuter hours each day, as determined by the Division of Motor Vehicles, at least five days per week; or 2) fully staffed receiving and delivery gates for 70 or more hours, five days per week.

The bill authorizes the Division of State Police, in conjunction with the Division of Motor Vehicles, to enforce the act. The bill also authorizes the Department of Environmental Protection, the Division of Motor Vehicles, and the Division of State Police to adopt any regulations necessary to implement the act, except that the Superintendent of State Police or the Director of the Division of Motor Vehicles, as appropriate, and in the appropriate manner, are required to provide that any citations issued include the truck license plate number, the name of the marine terminal and port district at which the violation occurred, and the date and time of the violation.

Finally, the bill provides that the South Jersey Port Corporation and the Port Authority of New York and New Jersey, each under the respective sections of the bill addressing their respective jurisdictions, establish and implement procedures for the operations of marine terminals in their respective jurisdictions to ensure the maximum compliance with the act, and include these procedures in the terms of any leasing contract entered into by the respective independent authority with any marine terminal operator in their respective port districts. To the extent that any provision of the bill may abrogate any provision of any contract entered into by either independent authority, the bill provides that the provision would not be enforced until such time as the contract expires or the terms of the contract can be legally renegotiated to reflect compliance with the act.