Committee Report CR-1

The Health and Environment and the Transportation, Traffic and Parking Committees held a joint public meeting on Tuesday, September 15, 2009 at five o'clock and thirty-four minutes p.m. in the Sullivan Chamber.

Present at the meeting were Councillor Henrietta Davis, Chair of the Health and Environment Committee, Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee, Councillor Timothy J. Toomey, Jr., Lisa Peterson, Commissioner of Public Works, Sue Clippinger, Director, Traffic, Parking and Transportation Department, Elizabeth Y. Lint, Executive Officer, License Commission, Penny Peters, Aide to Councillor Davis and Deputy City Clerk, Donna P. Lopez.

Also present were Julie Ross, Massachusetts DEP, Tom Stohlman, 19 Channing Street, Nick Martin, Journalism Student, Keren Schlomy, Green Decade Cambridge, Carol O'Hare, 172 Magazine Street and Phil Sego.

Councillor Davis stated that she wanted to review the state law.  She introduced Julie Ross from the Mass. DEP who spoke about the state law and enforcement.

Ms. Ross stated that the state strategy is to reduce idling.  Every school bus in Massachusetts is being retrofitted to reduce the toxicity of fumes coming out of tail pipes.  This information is being put into a data base together with information on schools where there are higher rates of asthma.  There is an enforcement effort at the state level for non-compliance.  DEP follows up on complaints received about idling.  The 1972 law, Chapter 90 Section 16A, limits unnecessary idling to no more than five minutes

.  School bus drivers are trained routinely about the idling law.  Buses stationery for longer than five minutes must be turned off.  However, there are exceptions - refrigeration trucks, oil trucks, repair trucks with power lifts.

Councillor Kelley asked if there were exceptions for emergency vehicles.  Ms. Ross responded in the affirmative.  Chapter 90 section 13 covers emergency exemptions

).  Many vehicles, like ambulances, should be shut down while waiting.  Police vehicles have more equipment and devices in their vehicles than normal vehicles and therefore may have to idle longer than five minutes for public safety reasons.

Councillor Davis asked if priorities were shifted from trucks to school buses.  Ms. Ross stated that school buses are critical; children are more susceptible to pollution.  The state also is targeting utility vehicles such as NSTAR and COMCAST vehicles to encourage less idling.  Local delivery trucks are also targeted.  Over the road truckers have different issues.  These trucks have sleeping areas.  A sleepy driver is an unsafe driver.  There is a nation-wide effort to build an infrastructure for truckers to allow truckers to plug their truck into electricity sources for heat or air conditioning.

Mr. Stohlman asked if idling occurs on private property is it a violation of the law.  Ms. Schlomy, Green Decade Cambridge, responded in the affirmative.  This is a federally enforced law.  The EPA can and has enforced egregious cases.  She wanted to see signage that informed the public that idling is against the law - shut the vehicle off.

Councillor Davis asked if there was any community that was successful with signage.  Mr. Stohlman responded that Belmont and Lenox have signage that informs the public that idling is illegal.

Mr. Sego spoke about city drivers who do not think that the law applies to them, specifically police and fire.  He asked if DEP could enforce the law through civil process.  Ms. Ross informed the committees that the DEP uses administrative process to enforce the law.

Ms. Ross told the committees that Chapter 90 Section 16B is a new law that requires signage at schools.  The law was signed in December 2009 and was posted two weeks ago.  This law gives authority to the Registry of Motor Vehicles which has written the regulations.

Councillor Davis said the fleet of city vehicles and the taxi industry should be discussed.  How does the License Commission regulate idling taxi cabs?  Ms. Lint stated that cabs are more likely to idling in the cold weather.  The Hackney Officer informs cab drivers that they have to shut down.  If numerous complaints are received by the License Commission, citations are issued by Traffic enforcement personnel.  This is a Chapter 90 offense.  Citations are given for out of town taxi pickups.  The Hackney Officer can issue citations.  The License Commission can hold a public hearing on complaints and complainants are fined.  Ms. Ross added that if a cab stops for more than ten seconds there is more pollution generated to turn the car on and off.  Ms. Peterson also added that the emissions from diesel vehicles are cleaner.  Councillor Kelley commented that taxi drivers do not violate that often because they are constantly moving up in the waiting line.  He further stated that in his opinion the police are the people who idle the most.

Mr. Stohlman spoke of pollution and noise from idling.  He stated that enforcement is not enough of a deterrent.  Councillor Kelley asked what would be enforcement.  Mr. Stohlman stated that pollution statute can stop idling and noise.  Councillor Kelley stated this does not change behavior.  Councillor Kelley noted that the City Manager has repeatedly stated that police officers tell people to stop idling and while this addresses the immediate issue, without issuing tickets it does little to change the underlying behavior of unnecessary idling.

ORDERED: That the City Manager be and hereby is requested to direct the License Commission and the Police Department to provide the City Council with the number of tickets issued or fines levied for idling by December 1, 2009.

Mr. Sego asked if there was a study done about different types of vehicles.  Ms. Ross stated that she is not aware of any such study.  California, she said, reviewed idling locomotives and ships and used the data to help facilitate some solutions.  NESCOM team worked on instances reviewing port facilities.  The Staten Island Ferry is being retrofitted.

Mr. Sego asked if DEP could offer legislation to ban automatic car starters.  Ms. Ross responded in the negative.  A starter is not illegal and can be programmed for five minutes.

Ms. O'Hare commented that there is not much enforcement done for long haul truckers.  Ms. Ross stated that if a driver pulls into a truck stop and leaves the truck idling for thirty minutes it is inappropriate.  She favored new distribution centers and suggested that the building permit include plug-ins for trucks.  This should be made a condition when building a distribution center.

Can the city require MicroCenter to be retrofitted, asked Ms. O'Hare.  Councillor Davis commented that deliveries are not permitted in off hours.  Complaints need to be clarified.  The MicroCenter complaints: who is investigating and what is the outcome?

Councillor Davis stated that these complaints should be put into the system and have the appropriate departments deal with them.  Ms. Ross added that it may be as simple as a phone call to solve the violation.

Councillor Kelley asked if there is an exemption for truckers sleeping in trucks that are idling.  Ms. Ross stated that the law does not say there is an exemption.  She does not favor this specificity.  The inside of vehicles must be habitable.  The federal regulation requires that heating unit must heat the inside of the vehicle to 50°.  She went on to say that if a refrigeration unit has an independent cooler there is no need for the truck to idle.

Ms. Peterson informed the committee that the city received DEP assistance on an anti-idling campaign two years ago.  Signs were posted at all the schools.  Signs were made for the insides of all city vehicles to remind drivers not to idle.  The City constantly enforces the anti-idling laws, but it is hard to break the habit.  The City tries to get the message out and reinforce it.  Comfortable temperatures in the winter are an issue.

Councillor Davis inquired why people leave cars idling and go into stores.  Ms. Peterson stated air conditioning and heating are the reasons.  Mr. Stohlman commented they may be trying to avoid a parking ticket.  Ms. Ross informed the committees that in January there were thirteen cars stolen because keys were left in them.  This is not covered by insurance.

Ms. Ross informed the committees that private fleets are giving safety bonuses for not idling.  The vehicles now have black boxes.  The black boxes are reviewed for fuel savings and bonuses are given as a share in the fuel savings.

Ms. Clippinger stated that the City fleet gets the message about idling in the vehicles.  Signage for schools and other places will continue to be worked on.

Ms. Clippinger stated that the employees of the Traffic, Parking and Transportation Department do not issue citations; they issue parking and sidewalk snow removal tickets.  Enforcement is the duty of the Police Department.

The committees requested that the Deputy City Clerk forward the attached three e-mails to the City Manager with the request that he transmit the complaints about idling to the appropriate departments for investigation as well as enforcement measures taken to stop the violations.

Councillors Davis and Kelley thanked those present for their attendance.  Councillors Davis and Kelley stated that another meeting would be scheduled on this matter with police attending so enforcement can be discussed.