PUBLIC TESTIMONY
Testimony by Eric Eisenberg on Idling Violation Bill
2:17:25
·
3 min
Eric Eisenberg provides testimony on the proposed bill to transfer liability for idling offenses from vehicle owners to lessees. He expresses concerns about potential unintended consequences and suggests alternative solutions.
- Eisenberg believes the bill needs additional economic and environmental review before a vote.
- He argues that rental companies are already well-positioned to deal with idling tickets and may lose incentives to engage in beneficial practices if liability is shifted.
- Eisenberg recommends better funding for the DEP's Air Enforcement Division as an alternative solution to address the issue of idling violations.
Eric Eisenberg
2:17:25
Hello.
2:17:25
I'm Eric Eisenberg.
2:17:26
I am here to speak about, Jim De Niro's bill to transfer liability for idling offenses.
2:17:32
I agree with a lot of what, mister Brock had said.
2:17:35
So I'll try to keep this brief.
2:17:37
But I am a little disappointed that there doesn't seem to have been any reach outs to the members of the New York community who report idling, to inform them of this hearing.
2:17:46
So, that might affect the number of people you get speaking today.
2:17:50
Initially, I applaud the general idea of making sure summonses go to the person or entity most responsible for air pollution but believe that in view of potential economic and environmental unintended consequences, the bill needs additional economic and environmental review prior to any vote.
2:18:07
It would of course be beneficial for lessees to understand their obligations with respect to the idling law and to comply with it.
2:18:14
But simply properly funding the DEP to be able to issue tickets and hold hearings on those tickets promptly may accomplish this goal just as well or better than the bill.
2:18:24
Rental companies are already well positioned to deal with idling tickets and to avoid idling.
2:18:29
They are repeat players, often with large fleets, and understand these idling tickets and how to appear at oath hearings.
2:18:36
They can opt for electric vehicles that will not receive idling tickets.
2:18:40
They can install true auto shut ups and likewise prevent tickets.
2:18:46
One company, CC Rental, went so far as to provide a prominent anti idling educational campaign to each of their renters.
2:18:54
By shifting the legal consequences of trucks' air pollution away from the rental companies, the rental companies lose their incentive to engage in these beneficial practices, and air pollution in New York City may well increase.
2:19:06
Moreover, rental companies already regularly agree with their lessees in the rental contract that the lessees will be responsible for any idling tickets even without this bill.
2:19:16
These contracts put the lessees on notice that they must not pollute unnecessarily.
2:19:20
The problem, though, is that DEP is so slow in issuing summonses and scheduling hearings, often years out, that the lessees may, come hearing time, be unreachable and unbillable.
UNKNOWN
2:19:30
Your timing has expired.
2:19:32
Thank you.
Jim Gennaro
2:19:33
You know what?
2:19:34
Mister Eisenberg, I'm gonna cut you a little slack.
2:19:37
Please continue.
Eric Eisenberg
2:19:39
Having the city write tickets to a no longer reachable renter based on outdated contact information is not the solution to this problem.
2:19:46
The solution to this problem is giving the badly underfunded DEP Air Enforcement Division appropriate resources to promptly issue tickets with prompt hearing dates.
2:19:54
The funding would more than pay for itself, not only in fine revenue, but also in environmental benefit.
2:19:59
This funding solution has been repeatedly recommended at prior environmental hearings, including budget hearings by many individuals and by the DEP itself.
2:20:07
But for some reason, the city's budget never seem to adequately fund this, self funding idling program.
2:20:14
Unfortunately, requiring the DEP to create and run a transfer liability program may well further burden its too limited resources and further delay summons issuance and hearing dates, creating lasting environmental damage.
2:20:27
In sum, while this bill is well intentioned and much better overall than intro 941, I recommend that the city closely review it from a financial and seek for mandated environmental perspective, considering alongside the bill the alternative solution of appropriately funding the DEP's anti idling program.
2:20:44
Thank you.
