NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3719A
SPONSOR: Epstein TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting idling by heavy duty vehicles
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the idling of on-road heavy duty vehicles, including a bus
or truck, for more than 5 consecutive minutes. This bill is designed to
improve air quality in New York State.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Article 19 of the environmental conserva-
tion law by adding a new title 13 Heavy Duty Vehicle Idling to:
1. Provide that his title applies to all on-road heavy duty vehicles
propelled by diesel fueled and non-diesel fueled engines that have a
gross vehicle weight rating exceeding eighty-five hundred pounds,
excluding marine vessels.
2. Set forth the definition for "hybrid electric vehicle".
3. Prohibit the idling of any heavy-duty vehicle including a bus or
truck, powered by a diesel or non-diesel fueled engine for more than
five consecutive minutes when the heavy-duty vehicle is in motion.
4. Exempts from the idling prohibition when:
(a) a diesel or non-diesel fueled heavy duty vehicle is forced to remain
motionless because of traffic conditions;
(b) federal, state, or local regulations require a specific temperature
for passenger comfort; in such case, the idling time specified may be
increased to the extent necessary to comply with such regulations;
(c) a diesel or non-diesel fueled engine is being used to provide power
for an auxiliary purpose; or when operation of the engine is required
for maintenance;
(d) idling is due to fire, police and public utility trucks or other
vehicles performing emergency services;
(e) trucks owned or operated by persons engaged in mining and quarrying
that are used within the confines of such person's property;
(f) a diesel fueled truck is to remain motionless for a period exceeding
two hours, and the ambient temperature is continuously below 25 degrees
Fahrenheit;
(g) a heavy-duty diesel vehicle is queued for or is undergoing a state
authorized periodic or roadside diesel emissions inspection;
(h) a hybrid-electric vehicle is idling to provide energy to the battery
or other energy recharging storage;
(i) a heavy-duty vehicle is used for agricultural purposes on a farm;
and
(j) it is an electric powered vehicle.
§ 19-1309. Any person that violates the section shall be liable for a
civil penalty not to exceed $150.
Section 2 is the effective date.
JUSTIFICATION:
Presently, Department of Environmental Conservation regulations prohibit
heavy duty vehicles including diesel trucks and buses, from idling for
more than five consecutive minutes. This legislation will codify these
regulations in statute.
Emissions from heavy duty vehicle fueled by diesel and non-diesel
engines remain a serious health threat. According to the American Lung
Association's State 2020 "State of the Air", found that nearly half of
New York's 19 million residents live in counties where unhealthy air
endangers their lives and health. Thirteen of the 26 counties in New
York State with air quality monitors received failing grades.
The United States Environmental Protection Agency estimates that heavy
duty emissions will surpass care emissions by 2030. While heavy duty
vehicles comprise only 5% of the vehicles on the road, they emit 23% of
all greenhouse gases.
This legislation seeks to address the fact that more than half of New
York's 19 million residents live in counties where unhealthy air endan-
gers their lives and health.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A6941 (Abinanti) referred to environmental conservation /
S6904 (Harckham) referred to environmental conservation
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
STATE OF NEW YORK
________________________________________________________________________
3719--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 7, 2023
___________
Introduced by M. of A. EPSTEIN, CUNNINGHAM, LEVENBERG, KELLES, GIBBS,
SILLITTI, REYES, SIMON, DICKENS, L. ROSENTHAL, RAGA -- read once and
referred to the Committee on Environmental Conservation -- recommitted
to the Committee on Environmental Conservation in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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.
LBD07791-04-4
A. 3719--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.
