senate Bill S36

Prohibits idling by heavy-duty vehicles

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 05 / Apr / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Prohibits idling by heavy-duty vehicles.

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Bill Details

See Assembly Version of this Bill:
A6224
Versions:
S36
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0326, En Con L
Versions Introduced in 2009-2010 Legislative Cycle:
S5287D, A11028A

Sponsor Memo

BILL NUMBER:S36

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
prohibiting idling by heavy-duty vehicles

PURPOSE:
This legislation seeks to reduce the overall air pollution in New York
state by prohibiting more than three consecutive minutes of idling by
heavy duty vehicles.

SUMMARY OF PROVISIONS:
This bill amends the environmental conservation law by adding a new
section 19-0325 to prohibit idling by heavy-duty vehicles for more
than three minutes.

This bill complements regulations (6NYCRR §217-3.2) that the
Department of Environmental Conservation administers. This
legislation would establish idling in excess of three minutes as a
violation.

JUSTIFICATION:
Idling engines are a significant source of pollution, have negative
health effects, especially increasing asthma rates, and decrease the
quality of life for New York State residents. An idling vehicle
releases more pollution than a vehicle that is in motion. This bill
seeks to reduce the amount of dangerous emissions released into the
air from certain heavy-duty vehicles by preventing them from idling
for longer than three consecutive minutes. This bill allows
reasonable exceptions while ensuring that unnecessary idling is
curtailed.

LEGISLATIVE HISTORY:
2010: S.5287D (Squadron) - Passed Senate, A.11028A (Kavanagh) -
Environmental Conservation
2009: S.5287D (Squadron) - Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect the 90th day after becoming a law.

view bill text
                    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:

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0326 to read as follows:
S 19-0326. PROHIBITION ON IDLING BY HEAVY-DUTY VEHICLES.
  1. NO PERSON SHALL ALLOW OR PERMIT THE IDLING OF A HEAVY-DUTY  VEHICLE
FOR  MORE THAN THREE MINUTES EXCEPT AS OTHERWISE PROVIDED BY THE DEPART-
MENT IN REGULATION.
  2. THE DEPARTMENT MAY ADOPT AND UPDATE, FROM TIME TO TIME, REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.  THE  REGULATIONS
SHALL INCLUDE ANY EXEMPTIONS DEEMED BY THE DEPARTMENT TO BE NECESSARY OR
APPROPRIATE.
  3.  AS  USED IN THIS SECTION "HEAVY-DUTY VEHICLE" MEANS A VEHICLE THAT
HAS A GROSS VEHICLE WEIGHT RATING EXCEEDING EIGHT THOUSAND FIVE  HUNDRED
POUNDS DESIGNED PRIMARILY FOR TRANSPORTING PERSONS OR PROPERTIES.
  4.  THE  DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF MOTOR VEHI-
CLES, SHALL CONDUCT OUTREACH AND PROVIDE EDUCATIONAL  MATERIALS  ON  THE
PROVISIONS  OF  THIS  SECTION TO LAW ENFORCEMENT OFFICERS THROUGHOUT THE
STATE.
  5. NO LOCAL LAW OR ORDINANCE GOVERNING THE IDLING OF HEAVY-DUTY  VEHI-
CLES SHALL BE PREEMPTED BY THIS SECTION. THIS SECTION SHALL NOT APPLY TO
AUTHORIZED  EMERGENCY  VEHICLES AS DEFINED IN SECTION ONE HUNDRED ONE OF
THE VEHICLE AND TRAFFIC LAW THAT ARE EXEMPT FROM THE IDLING RESTRICTIONS
SET FORTH IN SECTION 24-163 OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
NEW YORK.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00032-01-1

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