Bill Text: NY S05330 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits idling by heavy duty vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-01 - PRINT NUMBER 5330A [S05330 Detail]

Download: New_York-2023-S05330-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5330--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 2, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- recommitted to  the  Committee  on  Environmental  Conservation  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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. Article 19 of the environmental conservation law is amended
     2  by adding a new title 13 to read as follows:
     3                                  TITLE 13
     4                          HEAVY DUTY VEHICLE IDLING
     5  Section 19-1301. Applicability.
     6          19-1303. Definitions.
     7          19-1305. Prohibitions.
     8          19-1307. Exceptions.
     9          19-1309. Penalties.
    10  § 19-1301. Applicability.
    11    This title shall apply to all on-road heavy duty vehicles propelled by
    12  diesel  fueled  and  non-diesel fueled engines excluding marine vessels.
    13  Heavy duty vehicle means a vehicle  that  has  a  gross  vehicle  weight
    14  rating  exceeding  eighty-five  hundred pounds and is designed primarily
    15  for transporting persons or properties.
    16  § 19-1303. Definitions.
    17    As used in this title, "hybrid electric vehicle" means  a  vehicle  as
    18  defined in 40 CFR section 86.1702-99.
    19  § 19-1305. Prohibitions.
    20    No  person who owns, operates or leases a heavy duty vehicle including
    21  a bus or truck, the motive power for which is provided by  a  diesel  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07791-05-4
        S. 5330--A                          2

     1  non-diesel  fueled engine shall allow or permit the engine of such heavy
     2  duty vehicle to idle for more than five  consecutive  minutes  when  the
     3  heavy  duty  vehicle  is not in motion, except as otherwise permitted by
     4  section 19-1307 of this title.
     5  § 19-1307. Exceptions.
     6    The  prohibitions  of section 19-1305 of this title shall not apply in
     7  the following circumstances:
     8    1. when a diesel or non-diesel fueled heavy duty  vehicle,  including,
     9  but  not  limited  to  a  bus  or  truck, is forced to remain motionless
    10  because of the traffic conditions over which the operator thereof has no
    11  control;
    12    2. if contrary regulations are adopted  by  federal,  state  or  local
    13  agencies  having  jurisdiction  require  the  maintenance  of a specific
    14  temperature for passenger comfort; in such case, the idling time  speci-
    15  fied  in section 19-1305 of this title may be increased, but only to the
    16  extent necessary to comply with such regulations;
    17    3. when a diesel or non-diesel fueled engine is being used to  provide
    18  power  for an auxiliary purpose, such as loading, discharging, mixing or
    19  processing cargo; controlling cargo temperature;  construction;  lumber-
    20  ing; oil or gas well servicing; farming; or when operation of the engine
    21  is required for the purpose of maintenance;
    22    4. if idling is due to fire, police and public utility trucks or other
    23  vehicles performing emergency services;
    24    5.  to trucks owned or operated by persons engaged in mining and quar-
    25  rying that are used within the confines of such person's property;
    26    6. if a diesel fueled truck is  to  remain  motionless  for  a  period
    27  exceeding  two hours, and during which period the ambient temperature is
    28  continuously below twenty-five degrees Fahrenheit;
    29    7. to a heavy-duty diesel vehicle that is queued for or is  undergoing
    30  a state authorized periodic or roadside diesel emissions inspection;
    31    8.  to  a  hybrid electric vehicle idling for the purpose of providing
    32  energy for battery or other form of energy storage recharging;
    33    9. to heavy duty vehicles used for agricultural purposes  on  a  farm;
    34  and
    35    10. to electric powered vehicles.
    36  § 19-1309. Penalties.
    37    Any  person  who  knowingly or intentionally violates any provision of
    38  this section shall be liable for a  civil  penalty  not  to  exceed  one
    39  hundred fifty dollars.
    40    §  2.  This  act shall take effect on the ninetieth day after it shall
    41  have become a law.    Effective  immediately,  the  addition,  amendment
    42  and/or repeal of any rule or regulation necessary for the implementation
    43  of  this  act  on  its  effective  date  are  authorized  to be made and
    44  completed on or before such date.