STATE OF NEW YORK
________________________________________________________________________
3719--A
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Article 19 of the environmental conservation law is amended
2 by adding a new title 13 to read as follows:
3 TITLE 13
4 HEAVY DUTY VEHICLE IDLING
5 Section 19-1301. Applicability.
6 19-1303. Definitions.
7 19-1305. Prohibitions.
8 19-1307. Exceptions.
9 19-1309. Penalties.
10 § 19-1301. Applicability.
11 This title shall apply to all on-road heavy duty vehicles propelled by
12 diesel fueled and non-diesel fueled engines excluding marine vessels.
13 Heavy duty vehicle means a vehicle that has a gross vehicle weight
14 rating exceeding eighty-five hundred pounds and is designed primarily
15 for transporting persons or properties.
16 § 19-1303. Definitions.
17 As used in this title, "hybrid electric vehicle" means a vehicle as
18 defined in 40 CFR section 86.1702-99.
19 § 19-1305. Prohibitions.
20 No person who owns, operates or leases a heavy duty vehicle including
21 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
1 non-diesel fueled engine shall allow or permit the engine of such heavy
2 duty vehicle to idle for more than five consecutive minutes when the
3 heavy duty vehicle is not in motion, except as otherwise permitted by
4 section 19-1307 of this title.
5 § 19-1307. Exceptions.
6 The prohibitions of section 19-1305 of this title shall not apply in
7 the following circumstances:
8 1. when a diesel or non-diesel fueled heavy duty vehicle, including,
9 but not limited to a bus or truck, is forced to remain motionless
10 because of the traffic conditions over which the operator thereof has no
11 control;
12 2. if contrary regulations are adopted by federal, state or local
13 agencies having jurisdiction require the maintenance of a specific
14 temperature for passenger comfort; in such case, the idling time speci-
15 fied in section 19-1305 of this title may be increased, but only to the
16 extent necessary to comply with such regulations;
17 3. when a diesel or non-diesel fueled engine is being used to provide
18 power for an auxiliary purpose, such as loading, discharging, mixing or
19 processing cargo; controlling cargo temperature; construction; lumber-
20 ing; oil or gas well servicing; farming; or when operation of the engine
21 is required for the purpose of maintenance;
22 4. if idling is due to fire, police and public utility trucks or other
23 vehicles performing emergency services;
24 5. to trucks owned or operated by persons engaged in mining and quar-
25 rying that are used within the confines of such person's property;
26 6. if a diesel fueled truck is to remain motionless for a period
27 exceeding two hours, and during which period the ambient temperature is
28 continuously below twenty-five degrees Fahrenheit;
29 7. to a heavy-duty diesel vehicle that is queued for or is undergoing
30 a state authorized periodic or roadside diesel emissions inspection;
31 8. to a hybrid electric vehicle idling for the purpose of providing
32 energy for battery or other form of energy storage recharging;
33 9. to heavy duty vehicles used for agricultural purposes on a farm;
34 and
35 10. to electric powered vehicles.
36 § 19-1309. Penalties.
37 Any person who knowingly or intentionally violates any provision of
38 this section shall be liable for a civil penalty not to exceed one
39 hundred fifty dollars.
40 § 2. This act shall take effect on the ninetieth day after it shall
41 have become a law. Effective immediately, the addition, amendment
42 and/or repeal of any rule or regulation necessary for the implementation
43 of this act on its effective date are authorized to be made and
44 completed on or before such date.
