|SAME AS||SAME AS S05330|
|COSPNSR||Cunningham, Levenberg, Kelles, Gibbs, Sillitti, Reyes, Simon, Dickens, Rosenthal L|
|Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L|
|Prohibits idling by heavy duty vehicles.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3719 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. 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 FOR STATE AND LOCAL GOVERNMENTS: None   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.
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STATE OF NEW YORK ________________________________________________________________________ 3719 2023-2024 Regular Sessions IN ASSEMBLY February 7, 2023 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee 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. LBD07791-01-3A. 3719 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.