S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6941
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- 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:

   Section 1. Article 19 of the environmental conservation law is amended
 by adding a new title 13 to read as follows:
                                 TITLE 13
                         HEAVY DUTY VEHICLE IDLING
 SECTION 19-1301. APPLICABILITY.
         19-1303. DEFINITIONS.
         19-1305. PROHIBITIONS.
         19-1307. EXCEPTIONS.
 § 19-1301. APPLICABILITY.
   THIS TITLE SHALL APPLY TO ALL ON-ROAD HEAVY DUTY VEHICLES PROPELLED BY
 DIESEL  FUELED  AND  NON-DIESEL FUELED ENGINES EXCLUDING MARINE VESSELS.
 HEAVY DUTY VEHICLE MEANS A VEHICLE  THAT  HAS  A  GROSS  VEHICLE  WEIGHT
 RATING  EXCEEDING  EIGHTY-FIVE  HUNDRED POUNDS AND IS DESIGNED PRIMARILY
 FOR TRANSPORTING PERSONS OR PROPERTIES.
 § 19-1303. DEFINITIONS.
   AS USED IN THIS TITLE, "HYBRID ELECTRIC VEHICLE" MEANS  A  VEHICLE  AS
 DEFINED IN 40 CFR SECTION 86.1702-99.
 § 19-1305. PROHIBITIONS.
   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

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

                                                            LBD10763-01-1

 A. 6941                             2
 
 DUTY  VEHICLE  TO  IDLE  FOR MORE THAN FIVE CONSECUTIVE MINUTES WHEN THE
 HEAVY DUTY VEHICLE IS NOT IN MOTION, EXCEPT AS  OTHERWISE  PERMITTED  BY
 SECTION 19-1307 OF THIS TITLE.
 § 19-1307. EXCEPTIONS.
   THE  PROHIBITIONS  OF SECTION 19-1305 OF THIS TITLE SHALL NOT APPLY IN
 THE FOLLOWING CIRCUMSTANCES:
   1. WHEN A DIESEL OR NON-DIESEL FUELED HEAVY DUTY  VEHICLE,  INCLUDING,
 BUT  NOT  LIMITED  TO  A  BUS  OR  TRUCK, IS FORCED TO REMAIN MOTIONLESS
 BECAUSE OF THE TRAFFIC CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO
 CONTROL;
   2. IF CONTRARY REGULATIONS ARE 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  SPECI-
 FIED  IN SECTION 19-1305 OF THIS TITLE MAY BE INCREASED, BUT ONLY TO THE
 EXTENT NECESSARY TO COMPLY WITH SUCH REGULATIONS;
   3. WHEN 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-
 ING; OIL OR GAS WELL SERVICING; FARMING; OR WHEN OPERATION OF THE ENGINE
 IS REQUIRED FOR THE PURPOSE OF MAINTENANCE;
   4. IF IDLING IS DUE TO FIRE, POLICE AND PUBLIC UTILITY TRUCKS OR OTHER
 VEHICLES PERFORMING EMERGENCY SERVICES;
   5.  TO TRUCKS OWNED OR OPERATED BY PERSONS ENGAGED IN MINING AND QUAR-
 RYING THAT ARE USED WITHIN THE CONFINES OF SUCH PERSON'S PROPERTY;
   6. IF A DIESEL FUELED TRUCK IS  TO  REMAIN  MOTIONLESS  FOR  A  PERIOD
 EXCEEDING  TWO HOURS, AND DURING WHICH PERIOD THE AMBIENT TEMPERATURE IS
 CONTINUOUSLY BELOW TWENTY-FIVE DEGREES FAHRENHEIT;
   7. TO A HEAVY-DUTY DIESEL VEHICLE THAT IS QUEUED FOR OR IS  UNDERGOING
 A STATE AUTHORIZED PERIODIC OR ROADSIDE DIESEL EMISSIONS INSPECTION;
   8.  TO  A  HYBRID ELECTRIC VEHICLE IDLING FOR THE PURPOSE OF PROVIDING
 ENERGY FOR BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING;
   9. TO HEAVY DUTY VEHICLES USED FOR AGRICULTURAL PURPOSES  ON  A  FARM;
 AND
   10. TO ELECTRIC POWERED VEHICLES.
   §  2.  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.