S200-2013 Actions

• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S200-2013 Memo

BILL NUMBER:S200

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 the overall air pollution in New York
state by prohibiting more than three consecutive minutes of idling by
heavy duty vehicles.

SUMMARY OF PROVISIONS:
This 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.

This bill complements regulations (6NYCRR �217-3.2) that the
Department of Environmental Conservation administers. This
legislation would establish idling in excess of three minutes as a
violation.

JUSTIFICATION:
Idling engines are a significant source of pollution, have negative
health effects, especially increasing asthma rates, and decrease the
quality of life for New York State residents. An idling vehicle
releases more pollution than a vehicle that is in motion. 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. This bill allows
reasonable exceptions while ensuring that unnecessary idling is
curtailed.

LEGISLATIVE HISTORY:
2010: S.5287D (Squadron) - Passed Senate, A.11028A (Kavanagh) -
      Environmental Conservation
2009: S.5287D (Squadron) - Codes
2012: Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect the 90th day after becoming a law.

S200-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          200
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
 printed to be committed 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:

 

Section 1. The environmental conservation law is amended by  adding  a
 new section 19-0326 to read as follows:

 

S 19-0326. PROHIBITION ON IDLING BY HEAVY-DUTY VEHICLES.
 1.  NO PERSON SHALL ALLOW OR PERMIT THE IDLING OF A HEAVY-DUTY VEHICLE
 FOR MORE THAN THREE MINUTES EXCEPT AS OTHERWISE PROVIDED BY THE  DEPART
 MENT IN REGULATION.
 2. THE DEPARTMENT MAY ADOPT AND UPDATE, FROM TIME TO TIME, REGULATIONS
 NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS SECTION. THE REGULATIONS
 SHALL INCLUDE ANY EXEMPTIONS DEEMED BY THE DEPARTMENT TO BE NECESSARY OR
 APPROPRIATE.
 3. AS USED IN THIS SECTION "HEAVY-DUTY VEHICLE" MEANS A  VEHICLE  THAT
 HAS  A GROSS VEHICLE WEIGHT RATING EXCEEDING EIGHT THOUSAND FIVE HUNDRED
 POUNDS DESIGNED PRIMARILY FOR TRANSPORTING PERSONS OR PROPERTIES.
 4. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF  MOTOR  VEHI
 CLES,  SHALL  CONDUCT  OUTREACH AND PROVIDE EDUCATIONAL MATERIALS ON THE
 PROVISIONS OF THIS SECTION TO LAW ENFORCEMENT  OFFICERS  THROUGHOUT  THE
 STATE.
 5.  NO LOCAL LAW OR ORDINANCE GOVERNING THE IDLING OF HEAVY-DUTY VEHI
 CLES SHALL BE PREEMPTED BY THIS SECTION. THIS SECTION SHALL NOT APPLY TO
 AUTHORIZED EMERGENCY VEHICLES AS DEFINED IN SECTION ONE HUNDRED  ONE  OF
 THE VEHICLE AND TRAFFIC LAW THAT ARE EXEMPT FROM THE IDLING RESTRICTIONS
 SET  FORTH  IN  SECTION 24-163 OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00247-01-3

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