Bill Text: NY S06904 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits idling by heavy duty vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06904 Detail]

Download: New_York-2021-S06904-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6904

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 20, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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. 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  § 19-1301. Applicability.
    10    This title shall apply to all on-road heavy duty vehicles propelled by
    11  diesel fueled and non-diesel fueled engines  excluding  marine  vessels.
    12  Heavy  duty  vehicle  means  a  vehicle  that has a gross vehicle weight
    13  rating exceeding eighty-five hundred pounds and  is  designed  primarily
    14  for transporting persons or properties.
    15  § 19-1303. Definitions.
    16    As  used  in  this title, "hybrid electric vehicle" means a vehicle as
    17  defined in 40 CFR section 86.1702-99.
    18  § 19-1305. Prohibitions.
    19    No person who owns, operates or leases a heavy duty vehicle  including
    20  a  bus  or  truck, the motive power for which is provided by a diesel or
    21  non-diesel fueled engine or who owns, leases or occupies  land  and  has
    22  the actual or apparent dominion or control over the operation of a heavy
    23  duty  vehicle  including a bus or truck present on such land, the motive
    24  power for which said heavy duty vehicle is provided by a diesel or  non-
    25  diesel  fueled  engine,  shall  allow or permit the engine of such heavy

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10763-01-1
        S. 6904                             2

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