Implementation

There are several options available to local governments to implement strategies to reduce heavy- duty vehicle idling.  Local governments can implement ordinances/polices or apply for funding for idle reduction infrastructure. 

Upon request, North Central Texas Council of Governments (NCTCOG) staff will be available to provide information on these idling restrictions options to council members, commissioners, and city/county staff.

Summary of Idling Restriction Ordiance Adoption Outcomes

The table below shows the likely outcomes for home ruled and general law jurisdictions resulting from the method for adopting an idling ordinance or from not adopting an idling ordinance at all.

  Adoption of Idling Restriction Ordinance through Signing TCEQ MOA Adoption of an Idling Restriction Ordinance without Signing a MOA No Adoption of Idling Restriction Ordinance
Home Ruled Cities/ Counties
  •  Eligible to receive credit in SIP through Weight of Evidence
  • Not eligible for TERP funding for idle reduction projects
  • Contribute to earning RTC TDC’s
  • May be eligible for other funding
  • Eligible to receive credit in SIP through Weight of Evidence
  • Eligible for TERP funding for idle reduction projects
  • Contribute to earning RTC TDC’s
  • May be eligible for other funding
  • Not eligible to receive credit in SIP through Weight of Evidence
  • Eligible for TERP funding for idle reduction projects
  • Does not contribute to earning RTC TDC’s
  • May be eligible for other funding
General Law Cities/ Counties
  • Eligible to receive credit in SIP through Weight of Evidence
  • Not eligible for TERP funding for idle reduction projects
  • Contribute to earning RTC TDC’s
  • May be eligible for other funding
Not Applicable
  • Not eligible to receive credit in SIP through Weight of Evidence
  • Eligible for TERP funding for idle reduction projects
  • Does not contribute to earning RTC TDC’s
  • May be eligible for other funding
*RTC- Regional Transportation Council
*SIP- State Implementation Plan
*TERP- Texas Emission Reduction Plan
*TDC- Transportation Development Credits


Home Rule Jurisdictions
Texas cities with home rule charters have the option to adopt the Locally Enforced Motor Vehicle Idling Limitation Rule by signing the MOA or develop their own idling ordinance so long as it is not inconsistent or contradicts state law.  Home ruled local jurisdictions’ efforts can be documented in the SIP through weight of evidence and earn TDCs.  If a local jurisdiction signs a TCEQ MOA, the jurisdiction will not be eligible for TERP idle reduction project funding.

General Law Jurisdiction
Texas General Law cities and counties can only enforce the Local Enforcement Motor Vehicle Idling Limitation Rule if they agree to sign the MOA with the TCEQ.

In an effort to build a strong foundation for idle reduction in our region, NCTCOG offers some considerations to help local jurisdictions make the best decision for their community.

  • Determine whether heavy-duty vehicle idling issues are present within the jurisdiction boundaries.
    • Are there truck stops within jurisdiction boundaries?
    • Are there trucks idling on highway ramps?
    • Are there truck terminals, warehouses, and distribution centers within jurisdiction boundaries?
    • Are there complaints about idling?
  • Determine whether there are enough resources available to enforce an idling ordinance.
    • Can a department manage idling ordinance enforcement?
    • Can a designated champion lead idling ordinance enforcement?
    • Are there enough personnel available to enforce ordinance?
    • Are there enough funds to pay for personnel, provide educational idle restriction material, and other costs associated to ensure compliance?
  • Determine if there is a need or interest in applying for funding for idle reduction projects.
    • Would idling issues be better addressed with implementation of
      • An idle reduction policy/ordinance and enforcement?
      • With building infrastructure that reduces idling?
      • Both?
    • How does the cost benefit of implementing and enforcing idle reduction policies/ordinances compare to building idle reduction infrastructure?

Adoption of a Vehicle Idling Restriction Ordinance Through Signing an MOA

  1. Adopt the TCEQ Idling Limitation rule by Reference
  2. Sign the North Texas MOA, which enables the transfer of enforcement authority from the TCEQ to the local jurisdiction
  3. Submit Original agreement with required documentation to TCEQ and NCTCOG.
  4. Submit the following items to the TCEQ within 45 days of the effective date of the agreement:
    1. Detailed description of the plan for implementation of these rules;
    2. Copies of local ordinances or resolutions adopted to implement these rules; and
    3. Copies of agreements entered between Performing Parties and other units of Local Government for the implementation of these rules (see Appendix 4).

Please submit documentation to:
 
ORIGINAL
Michael Reagan
MC-164
TCEQ
P.O. Box 13087
Austin, TX 78711-3087
COPY
Attn: Engine Off North Texas
Transportation Department
NCTCOG
P.O. Box 5888
Arlington, TX  76005-588
 





NCTCOG suggests that if TCEQ Idling Restrictions are to be adopted, to do so by reference to ensure continued compliance with the rule in the event it is modified later by the Texas Legislature.  Provide copies of submitted documentation to NCTCOG to track regional participation and enforcement efforts. 

Adoption of a Vehicle Idling Restriction Ordinance Without Signing an MOA

Home ruled cities or counties that decide to develop their own vehicle idling ordinances can reference the TCEQ Idling Limitation rule or create their own ordinance.  NCTCOG has developed sample ordinance language cities may find helpful and easier to implement. See sample ordinance

Staff Contact
Huong Duong
Jason Brown