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Senate Bill S5287

2009-2010 Legislative Session

Prohibits idling by heavy-duty vehicles

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-S5287 - Details

Current Committee:
Assembly Environmental Conservation
Laws Affected:
Amd §19-0325, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S36
2013-2014: S200
2015-2016: S2353
2017-2018: S487, S7085
2019-2020: S2348
2021-2022: S3119

2009-S5287 - Summary

Prohibits idling by heavy-duty vehicles.

2009-S5287 - Sponsor Memo

2009-S5287 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5287

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic 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 vehicle and traffic law is  amended  by  adding  a  new
section 1205 to read as follows:
  S  1205.  PROHIBITIONS  ON IDLING BY HEAVY-DUTY VEHICLES. 1. NO PERSON
WHO OWNS, OPERATES OR LEASES A HEAVY-DUTY VEHICLE  INCLUDING  A  BUS  OR
TRUCK,  THE MOTIVE POWER FOR WHICH IS PROVIDED BY A DIESEL OR NON-DIESEL
FUELED ENGINE OR WHO OWNS, LEASES OR OCCUPIES LAND AND HAS THE ACTUAL OR
APPARENT DOMINION OR CONTROL OVER THE OPERATION OF A HEAVY-DUTY  VEHICLE
INCLUDING  A  BUS  OR  TRUCK  PRESENT ON SUCH LAND, THE MOTIVE POWER FOR
WHICH SAID HEAVY-DUTY VEHICLE IS PROVIDED  BY  A  DIESEL  OR  NON-DIESEL
FUELED ENGINE, SHALL ALLOW OR PERMIT THE ENGINE OF SUCH HEAVY-DUTY VEHI-
CLE  TO  IDLE  FOR  MORE THAN ONE CONSECUTIVE MINUTE WHEN THE HEAVY-DUTY
VEHICLE IS NOT IN MOTION, EXCEPT AS OTHERWISE PERMITTED  BY  SUBDIVISION
TWO OF THIS SECTION.
  2. THE PROHIBITIONS OF THIS SECTION SHALL NOT APPLY WHEN:
  (A)  A  DIESEL OR NON-DIESEL FUELED HEAVY-DUTY VEHICLE INCLUDING A BUS
OR TRUCK IS FORCED TO REMAIN MOTIONLESS BECAUSE OF  THE  TRAFFIC  CONDI-
TIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;
  (B)  REGULATIONS  ADOPTED  BY  FEDERAL, STATE OR LOCAL AGENCIES HAVING
JURISDICTION REQUIRE THE  MAINTENANCE  OF  A  SPECIFIC  TEMPERATURE  FOR
PASSENGER  COMFORT;  IN SUCH CASE, THE IDLING TIME SPECIFIED IN SUBDIVI-
SION ONE OF THIS SECTION MAY BE INCREASED, BUT ONLY TO THE EXTENT NECES-
SARY TO COMPLY WITH SUCH REGULATIONS.
  (C) A DIESEL OR NON-DIESEL FUELED ENGINE  IS  BEING  USED  TO  PROVIDE
POWER  FOR AN AUXILIARY PURPOSE, SUCH AS LOADING, DISCHARGING, MIXING OR
PROCESSING CARGO, CONTROLLING CARGO TEMPERATURE,  CONSTRUCTION,  LUMBER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11548-01-9

co-Sponsors

2009-S5287A - Details

Current Committee:
Assembly Environmental Conservation
Laws Affected:
Amd §19-0325, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S36
2013-2014: S200
2015-2016: S2353
2017-2018: S487, S7085
2019-2020: S2348
2021-2022: S3119

2009-S5287A - Summary

Prohibits idling by heavy-duty vehicles.

2009-S5287A - Sponsor Memo

2009-S5287A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5287--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens. SQUADRON, DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the vehicle and traffic 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 vehicle and traffic law is  amended  by  adding  a  new
section 1205 to read as follows:
  S  1205.  PROHIBITIONS  ON IDLING BY HEAVY-DUTY VEHICLES. 1.  NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, NO PERSON WHO OWNS, OPER-
ATES OR LEASES A HEAVY-DUTY VEHICLE INCLUDING A BUS OR TRUCK, THE MOTIVE
POWER FOR WHICH IS PROVIDED BY A DIESEL OR NON-DIESEL FUELED  ENGINE  OR
WHO  OWNS, LEASES OR OCCUPIES LAND AND HAS THE ACTUAL OR APPARENT DOMIN-
ION OR CONTROL OVER THE OPERATION OF A HEAVY-DUTY  VEHICLE  INCLUDING  A
BUS OR TRUCK PRESENT ON SUCH LAND, THE MOTIVE POWER FOR WHICH SAID HEAV-
Y-DUTY  VEHICLE  IS  PROVIDED  BY  A DIESEL OR NON-DIESEL FUELED ENGINE,
SHALL ALLOW OR PERMIT THE ENGINE OF SUCH HEAVY-DUTY VEHICLE TO IDLE  FOR
MORE  THAN  ONE CONSECUTIVE MINUTE WHEN THE HEAVY-DUTY VEHICLE IS NOT IN
MOTION, EXCEPT  AS  OTHERWISE  PERMITTED  BY  SUBDIVISION  TWO  OF  THIS
SECTION.
  2. THE PROHIBITIONS OF THIS SECTION SHALL NOT APPLY WHEN:
  (A)  A  DIESEL OR NON-DIESEL FUELED HEAVY-DUTY VEHICLE INCLUDING A BUS
OR TRUCK IS FORCED TO REMAIN MOTIONLESS BECAUSE OF  THE  TRAFFIC  CONDI-
TIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;
  (B)  REGULATIONS  ADOPTED  BY  FEDERAL, STATE OR LOCAL AGENCIES HAVING
JURISDICTION REQUIRE THE  MAINTENANCE  OF  A  SPECIFIC  TEMPERATURE  FOR
PASSENGER  COMFORT;  IN SUCH CASE, THE IDLING TIME SPECIFIED IN SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11548-02-9

co-Sponsors

2009-S5287B - Details

Current Committee:
Assembly Environmental Conservation
Laws Affected:
Amd §19-0325, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S36
2013-2014: S200
2015-2016: S2353
2017-2018: S487, S7085
2019-2020: S2348
2021-2022: S3119

2009-S5287B - Summary

Prohibits idling by heavy-duty vehicles.

2009-S5287B - Sponsor Memo

2009-S5287B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5287--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens. SQUADRON, DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the vehicle and traffic 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  vehicle  and  traffic law is amended by adding a new
section 1205 to read as follows:
  S 1205. PROHIBITIONS ON IDLING BY HEAVY-DUTY VEHICLES.  1.    NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, NO PERSON WHO OWNS, OPER-
ATES OR LEASES A HEAVY-DUTY VEHICLE INCLUDING A BUS OR TRUCK, THE MOTIVE
POWER  FOR  WHICH IS PROVIDED BY A DIESEL OR NON-DIESEL FUELED ENGINE OR
WHO OWNS, LEASES OR OCCUPIES LAND AND HAS THE ACTUAL OR APPARENT  DOMIN-
ION  OR  CONTROL  OVER THE OPERATION OF A HEAVY-DUTY VEHICLE INCLUDING A
BUS OR TRUCK PRESENT ON SUCH LAND, THE MOTIVE POWER FOR WHICH SAID HEAV-
Y-DUTY VEHICLE IS PROVIDED BY A  DIESEL  OR  NON-DIESEL  FUELED  ENGINE,
SHALL  ALLOW OR PERMIT THE ENGINE OF SUCH HEAVY-DUTY VEHICLE TO IDLE FOR
MORE THAN ONE CONSECUTIVE MINUTE WHEN THE HEAVY-DUTY VEHICLE IS  NOT  IN
MOTION,  EXCEPT  AS  OTHERWISE  PERMITTED  BY  SUBDIVISION  TWO  OF THIS
SECTION.
  2. THE PROHIBITIONS OF THIS SECTION SHALL NOT APPLY WHEN:
  (A) A DIESEL OR NON-DIESEL FUELED HEAVY-DUTY VEHICLE INCLUDING  A  BUS
OR  TRUCK  IS  FORCED TO REMAIN MOTIONLESS BECAUSE OF THE TRAFFIC CONDI-
TIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11548-05-0

co-Sponsors

2009-S5287C - Details

Current Committee:
Assembly Environmental Conservation
Laws Affected:
Amd §19-0325, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S36
2013-2014: S200
2015-2016: S2353
2017-2018: S487, S7085
2019-2020: S2348
2021-2022: S3119

2009-S5287C - Summary

Prohibits idling by heavy-duty vehicles.

2009-S5287C - Sponsor Memo

2009-S5287C - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5287--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens. SQUADRON, DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  -- reported favorably from said
  committee and  committed  to  the  Committee  on  Codes  --  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:

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0325 to read as follows:
S 19-0325. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11548-10-0

co-Sponsors

2009-S5287D (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Laws Affected:
Amd §19-0325, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S36
2013-2014: S200
2015-2016: S2353
2017-2018: S487, S7085
2019-2020: S2348
2021-2022: S3119

2009-S5287D (ACTIVE) - Summary

Prohibits idling by heavy-duty vehicles.

2009-S5287D (ACTIVE) - Sponsor Memo

2009-S5287D (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5287--D
    Cal. No. 622

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens. SQUADRON, DILAN, DUANE, THOMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation -- reported favorably from said committee and committed
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to  the  Committee  on  Transportation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee and committed to the Committee on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee  --  reported  favorably  from  said
  committee and committed to the Committee on Finance -- reported favor-
  ably  from said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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 19-0325 to read as follows:
S 19-0325. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11548-18-0

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