S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5014
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M. of A. RAIA, FINCH, McDONOUGH -- Multi-Sponsored by --
   M. of A.  M. L. MILLER -- read once and referred to the  Committee  on
   Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to idling of
   heavy duty vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  375 of the vehicle and traffic law is amended by
 adding a new subdivision 53 to read as follows:
   53. (A) 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 NONDIESEL 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 VEHICLE TO IDLE FOR MORE THAN FIVE CONSECUTIVE  MINUTES  WHEN
 THE HEAVY DUTY VEHICLE IS NOT IN MOTION.
   (B)  THE  PROHIBITIONS  OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
 APPLY WHEN:
   (I) A DIESEL OR NONDIESEL FUELED HEAVY DUTY VEHICLE INCLUDING A BUS OR
 TRUCK IS FORCED TO REMAIN MOTIONLESS BECAUSE OF THE  TRAFFIC  CONDITIONS
 OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL.
   (II)  REGULATIONS  ADOPTED  BY FEDERAL, STATE OR LOCAL AGENCIES HAVING
 JURISDICTION REQUIRE THE  MAINTENANCE  OF  A  SPECIFIC  TEMPERATURE  FOR
 PASSENGER  COMFORT.  THE  IDLING TIME SPECIFIED IN PARAGRAPH (A) OF THIS
 SUBDIVISION MAY BE INCREASED, BUT ONLY TO THE EXTENT NECESSARY TO COMPLY
 WITH SUCH REGULATIONS.
   (III) A DIESEL OR NONDIESEL 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.
              

                                                            LBD07977-01-9

 A. 5014                             2
 
 ING, OIL OR GAS WELL SERVICING, FARMING, OR WHEN OPERATION OF THE ENGINE
 IS REQUIRED FOR THE PURPOSE OF MAINTENANCE.
   (IV)  FIRE,  POLICE  AND  PUBLIC  UTILITY TRUCKS OR OTHER VEHICLES ARE
 PERFORMING EMERGENCY SERVICES.
   (V) TRUCKS OWNED OR OPERATED BY PERSONS ENGAGED IN MINING AND  QUARRY-
 ING ARE USED WITHIN THE CONFINES OF SUCH PERSON'S PROPERTY.
   (VI)  A  DIESEL FUELED TRUCK REMAINS MOTIONLESS FOR A PERIOD EXCEEDING
 TWO HOURS, AND DURING WHICH PERIOD THE AMBIENT  TEMPERATURE  IS  CONTIN-
 UOUSLY BELOW TWENTY-FIVE DEGREES FAHRENHEIT.
   (VII)  A  HEAVY  DUTY  DIESEL  VEHICLE,  AS DEFINED IN NYCRR6, THAT IS
 QUEUED FOR OR IS UNDERGOING A  STATE  AUTHORIZED  PERIODIC  OR  ROADSIDE
 DIESEL EMISSIONS INSPECTION TO NYCRR6.
   (VIII) A HYBRID ELECTRIC VEHICLE, AS DEFINED IN NYCRR6, IDLING FOR THE
 PURPOSE  OF PROVIDING ENERGY FOR BATTERY OR OTHER FORM OF ENERGY STORAGE
 RECHARGING.
   (IX) HEAVY DUTY VEHICLES USED FOR AGRICULTURAL PURPOSES ON A FARM.
   (X) ELECTRIC POWERED VEHICLES.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  on which it shall have become a law. The commissioner of
 motor vehicles shall promulgate rules and regulations as  are  necessary
 to effectuate the implementation of this act and shall assign points for
 violations of section one of this act as the commissioner of motor vehi-
 cles deems appropriate.