STATE OF NEW YORK
________________________________________________________________________
5711
2015-2016 Regular Sessions
IN ASSEMBLY
March 3, 2015
___________
Introduced by M. of A. KAVANAGH, ARROYO, GOTTFRIED, PERRY, RIVERA, QUART
-- Multi-Sponsored by -- M. of A. ABINANTI, CAHILL, COLTON, GLICK,
RAIA, ROBINSON, SCHIMEL, THIELE -- read once and referred to the
Committee 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:
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.
LBD00992-01-5
