Assembly Bill A3719A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3719--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, CUNNINGHAM, LEVENBERG, KELLES, GIBBS,
   SILLITTI, REYES, SIMON, DICKENS, L. ROSENTHAL, RAGA -- read  once  and
   referred to the Committee on Environmental Conservation -- recommitted
   to  the  Committee  on  Environmental  Conservation in accordance with
   Assembly Rule 3, sec. 2 -- 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. 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.
         19-1309. PENALTIES.
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07791-04-4
              

 A. 3719--A                          2
 
 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, 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.
 § 19-1309. PENALTIES.
   ANY  PERSON  WHO  KNOWINGLY OR INTENTIONALLY VIOLATES ANY PROVISION OF
 THIS SECTION SHALL BE LIABLE FOR A  CIVIL  PENALTY  NOT  TO  EXCEED  ONE
 HUNDRED FIFTY DOLLARS.
   §  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.