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A08558 Summary:

A08558 Actions:

A08558 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8558
 
SPONSOR: Kavanagh (MS)

 
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 air pollution by prohibiting more than
three consecutive minutes of idling by heavy-duty vehicles, with
provisions for exceptions in appropriate circumstances.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill amends the environmental conservation law by
adding a new section 19-0326 to prohibit idling by heavy-duty vehicles
for more than three minutes, and provides for exceptions in appropriate
circumstances. The new statutory provision would authorize and strength-
en standards the Department of Environmental Conservation currently
promulgates and enforces by regulation (6 NYCRR Sec. 217-3.2) and would
reduce the standard permissible time for idling from the current 5
minutes to 3 minutes.
 
Section 2 of the bill sets forth the effective date.
 
 
JUSTIFICATION:
 
Idling engines are a significant source of pollution, have negative
health effects-including increased asthma rates-and decrease the quality
of life for New York State residents. An idling vehicle releases more
pollution than a vehicle in motion releases.  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. Reasonable exceptions would be permitted while
ensuring that unnecessary idling is curtailed.
 
 
FISCAL IMPACT ON THE STATE:
 
None.
 
 
FISCAL IMPACT ON LOCALITIES:
 
None.
 
 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
 
None.
 
 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:
 
None.
 
 
LEGISLATIVE HISTORY:
 
2016: A05711 (Kavanagh) - Environmental Conservation
2015: A05711 (Kavanagh) - Environmental Conservation
2014: A03098 (Kavanagh) - Environmental Conservation
2013: A03098 (Kavanagh) - Environmental Conservation
2012: A06224 (Kavanagh) - Environmental Conservation
2011: A06224 (Kavanagh) - Environmental Conservation
2010: A11028A (Kavanagh) - Environmental Conservation
 
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

A08558 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8558
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 10, 2017
                                       ___________
 
        Introduced by M. of A. KAVANAGH, ARROYO, GOTTFRIED, PERRY, RIVERA, QUART
          --  Multi-Sponsored  by  --  M. of A. ABINANTI, CAHILL, COLTON, GLICK,
          RAIA, THIELE -- read once and referred to the  Committee  on  Environ-
          mental 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:
 
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 19-0326 to read as follows:
     3  § 19-0326. Prohibition on idling by heavy-duty vehicles.
     4    1. No person shall allow or permit the idling of a heavy-duty  vehicle
     5  for  more than three minutes except as otherwise provided by the depart-
     6  ment in regulation.
     7    2. The department may adopt and update, from time to time, regulations
     8  necessary to implement the provisions of this section.  The  regulations
     9  shall include any exemptions deemed by the department to be necessary or
    10  appropriate.
    11    3.  As  used in this section "heavy-duty vehicle" means a vehicle that
    12  has a gross vehicle weight rating exceeding eight thousand five  hundred
    13  pounds designed primarily for transporting persons or properties.
    14    4.  The  department, in cooperation with the department of motor vehi-
    15  cles, shall conduct outreach and provide educational  materials  on  the
    16  provisions  of  this  section to law enforcement officers throughout the
    17  state.
    18    5. No local law or ordinance governing the idling of heavy-duty  vehi-
    19  cles shall be preempted by this section. This section shall not apply to
    20  authorized  emergency  vehicles as defined in section one hundred one of
    21  the vehicle and traffic law that are exempt from the idling restrictions
    22  set forth in section 24-163 of the administrative code of  the  city  of
    23  New York.
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01911-01-7