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A08300 Summary:

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A08300 Floor Votes:

A08300 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8300--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2009
                                       ___________
 
        Introduced  by  M.  of A. LUPARDO, JAFFEE, McDONOUGH, REILLY, SCHROEDER,
          KOON -- Multi-Sponsored by -- M.  of  A.  BRENNAN,  CROUCH,  MOLINARO,
          SAYWARD,  TITONE,  TOWNSEND -- read once and referred to the Committee
          on Transportation -- recommitted to the Committee on Transportation in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill

          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  excluding
          idling reduction devices from the calculation of weight
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 385 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 10-a to read as follows:
     3    10-a. (a) Notwithstanding the provisions of subdivisions seven, eight,
     4  nine,  ten, eleven and twelve of this section, the calculation of weight
     5  pursuant to such subdivisions shall exclude the actual  weight,  not  to
     6  exceed four hundred pounds, of a fully-functioning idle reduction device

     7  installed  on  a  vehicle or combination of vehicles that are subject to
     8  such subdivisions, provided that the operator of such vehicle: (i) main-
     9  tains written certification of the actual  weight  of  such  device  and
    10  acceptable  proof  that  it  is fully functional; and (ii) provides such
    11  certification and proof, upon request, to a law enforcement  officer  or
    12  any  other  officer  or  employee  authorized  to  enforce this section.
    13  Acceptable proof of the functionality of such device  shall  consist  of
    14  written  certification  from  the  manufacturer  of  such idle reduction
    15  device, physical demonstration, or any other documentation acceptable to
    16  the commissioner of transportation as may be set  forth  in  regulations

    17  promulgated by such commissioner after consultation with the commission-
    18  er of environmental conservation.
    19    (b)  For  the  purposes of this subdivision, the following terms shall
    20  have the following meanings:  (i) "auxiliary power unit" shall  mean  an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11833-04-0
        A. 8300--A                          2
 
     1  integrated system that (A) provides heat, air conditioning, engine warm-
     2  ing,  or  electricity to components on a vehicle which is subject to the
     3  provisions of this section and (B) is certified under  part  eighty-nine

     4  of  title  forty of the code of federal regulations (as may from time to
     5  time be amended) as meeting  applicable  emission  standards;  and  (ii)
     6  "idle  reduction  device"  shall mean an auxiliary   power unit or other
     7  technology that is used to reduce long-duration idling (as such term  is
     8  defined  in  paragraph  seven of subdivision (a) of section 16104 of the
     9  United States code as may from time to time be amended) and  allows  for
    10  the main drive engine or auxiliary refrigeration engine to be shut down.
    11    §  2.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.