Bill Text: NY S00036 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits idling by heavy-duty vehicles.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00036 Detail]

Download: New_York-2011-S00036-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          36
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens.  SQUADRON,  DILAN,  DUANE, KLEIN -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Environmental Conservation
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         prohibiting idling by heavy-duty vehicles
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 19-0326 to read as follows:
    3  S 19-0326. PROHIBITION ON IDLING BY HEAVY-DUTY VEHICLES.
    4    1. NO PERSON SHALL ALLOW OR PERMIT THE IDLING OF A HEAVY-DUTY  VEHICLE
    5  FOR  MORE THAN THREE MINUTES EXCEPT AS OTHERWISE PROVIDED BY THE DEPART-
    6  MENT IN REGULATION.
    7    2. THE DEPARTMENT MAY ADOPT AND UPDATE, FROM TIME TO TIME, REGULATIONS
    8  NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.  THE  REGULATIONS
    9  SHALL INCLUDE ANY EXEMPTIONS DEEMED BY THE DEPARTMENT TO BE NECESSARY OR
   10  APPROPRIATE.
   11    3.  AS  USED IN THIS SECTION "HEAVY-DUTY VEHICLE" MEANS A VEHICLE THAT
   12  HAS A GROSS VEHICLE WEIGHT RATING EXCEEDING EIGHT THOUSAND FIVE  HUNDRED
   13  POUNDS DESIGNED PRIMARILY FOR TRANSPORTING PERSONS OR PROPERTIES.
   14    4.  THE  DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF MOTOR VEHI-
   15  CLES, SHALL CONDUCT OUTREACH AND PROVIDE EDUCATIONAL  MATERIALS  ON  THE
   16  PROVISIONS  OF  THIS  SECTION TO LAW ENFORCEMENT OFFICERS THROUGHOUT THE
   17  STATE.
   18    5. NO LOCAL LAW OR ORDINANCE GOVERNING THE IDLING OF HEAVY-DUTY  VEHI-
   19  CLES SHALL BE PREEMPTED BY THIS SECTION. THIS SECTION SHALL NOT APPLY TO
   20  AUTHORIZED  EMERGENCY  VEHICLES AS DEFINED IN SECTION ONE HUNDRED ONE OF
   21  THE VEHICLE AND TRAFFIC LAW THAT ARE EXEMPT FROM THE IDLING RESTRICTIONS
   22  SET FORTH IN SECTION 24-163 OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
   23  NEW YORK.
   24    S  2.  This  act shall take effect on the ninetieth day after it shall
   25  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00032-01-1