NY State Senate Bill 2023-S5330

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2024	print number 5330a
Feb 01, 2024	amend and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation
Jun 10, 2023	committed to rules
May 15, 2023	advanced to third reading
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.818
Mar 02, 2023	referred to environmental conservation

Votes

- May 9, 2023 - Environmental Conservation Committee Vote
  S5330
  
  8
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 9, 2023
      
      aye (8)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Serrano
      
      Skoufis
      
      nay (2)
      
      Palumbo
      
      Stec
      
      aye wr (1)
      
      Canzoneri-Fitzpatrick

Bill Amendments

Original

A (Active)

2023-S5330 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S6904

2023-S5330 - Summary

Prohibits idling by heavy duty vehicles.

2023-S5330 - Sponsor Memo

                                 
BILL NUMBER: S5330

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting idling by heavy duty vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the idling of on-road heavy duty vehicles, including a bus
or truck, for more than 5 consecutive minutes. This bill is designed to
improve air quality in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Article 19 of the environmental conserva-
tion law by adding a new title 13 Heavy Duty Vehicle Idling to:

1. Provides that his title applies to all on-road heavy duty vehicles
propelled by diesel fueled and non-diesel fueled engines that have a
gross vehicle weight rating exceeding eighty-five hundred pounds,

excluding marine vessels.

2. Set forth the definition for "hybrid electric vehicle".

3. Prohibit the idling of any heavy-duty vehicle including a bus or
truck, powered by a diesel or non-diesel fueled engine for more than
five consecutive minutes when the heavy-duty vehicle is in motion.

4. Exempts from the idling prohibition when:

(a) a diesel or non-diesel fueled heavy duty vehicle is forced to remain
motionless because of traffic conditions;

(b) federal, state, or local regulations require a specific temperature
for passenger comfort; in such case, the idling time specified may be
increased to the extent necessary to comply with such regulations;

(c) a diesel or non-diesel fueled engine is being used to provide power
for an auxiliary purpose; or when operation of the engine is required
for maintenance;

(d) idling is due to fire, police and public utility trucks or other
vehicles performing emergency services;

(e) trucks owned or operated by persons engaged in mining and quarrying
that are used within the confines of such person's property;

(f) a diesel fueled truck is to remain motionless for a period exceeding
two hours, and the ambient temperature is continuously below 25 degrees
Fahrenheit;

(g) a heavy-duty diesel vehicle is queued for or is undergoing a state
authorized periodic or roadside diesel emissions inspection;

(h) a hybrid-electric vehicle is idling to provide energy to the battery
or other energy recharging storage;

(i) a heavy-duty vehicle is used for agricultural purposes on a farm;
and

(j) it is an electric powered vehicle.

Section 2 states the effective date.

 
JUSTIFICATION:

Presently, Department of Environmental Conservation regulations prohibit
heavy duty vehicles including diesel trucks and buses, from idling for
more than five consecutive minutes. This legislation will codify these
regulations in statute.

Emissions from heavy duty vehicles fueled by diesel and non-diesel
engines remain a serious health threat. According to the American Lung
Association's State 2020 "State of the Air", found that nearly half of
New York's 19 million residents live in counties where unhealthy air
endangers their lives and health. Thirteen of the 26 counties in New
York State with air quality monitors received failing grades.

The United States Environmental Protection Agency estimates that heavy
duty emissions will surpass care emissions by 2030. While heavy duty
vehicles comprise only 5% of the vehicles on the road, they emit 23% of
all greenhouse gasses.

This legislation seeks to address the fact that more than half of New
York's 19 million residents live in counties where unhealthy air endan-
gers their lives and health.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S6904/A6941 - Died in Environmental Conservation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

2023-S5330 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5330
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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. Article 19 of the environmental conservation law is amended
 by adding a new title 13 to read as follows:
                                 TITLE 13
                         HEAVY DUTY VEHICLE IDLING
 SECTION 19-1301. APPLICABILITY.
         19-1303. DEFINITIONS.
         19-1305. PROHIBITIONS.
         19-1307. EXCEPTIONS.
 § 19-1301. APPLICABILITY.
   THIS TITLE SHALL APPLY TO ALL ON-ROAD HEAVY DUTY VEHICLES PROPELLED BY
 DIESEL FUELED AND NON-DIESEL FUELED ENGINES  EXCLUDING  MARINE  VESSELS.
 HEAVY  DUTY  VEHICLE  MEANS  A  VEHICLE  THAT HAS A GROSS VEHICLE WEIGHT
 RATING EXCEEDING EIGHTY-FIVE HUNDRED POUNDS AND  IS  DESIGNED  PRIMARILY
 FOR TRANSPORTING PERSONS OR PROPERTIES.
 § 19-1303. DEFINITIONS.
   AS  USED  IN  THIS TITLE, "HYBRID ELECTRIC VEHICLE" MEANS A VEHICLE AS
 DEFINED IN 40 CFR SECTION 86.1702-99.
 § 19-1305. PROHIBITIONS.
   NO PERSON WHO OWNS, OPERATES OR LEASES A HEAVY DUTY VEHICLE  INCLUDING
 A  BUS  OR  TRUCK, THE MOTIVE POWER FOR WHICH IS PROVIDED BY A DIESEL OR
 NON-DIESEL FUELED ENGINE OR WHO OWNS, LEASES OR OCCUPIES  LAND  AND  HAS
 THE ACTUAL OR APPARENT DOMINION OR CONTROL OVER THE OPERATION OF A HEAVY
 DUTY  VEHICLE  INCLUDING A BUS OR TRUCK PRESENT ON SUCH LAND, THE MOTIVE
 POWER FOR WHICH SAID HEAVY DUTY VEHICLE IS PROVIDED BY A DIESEL OR  NON-
 DIESEL  FUELED  ENGINE,  SHALL  ALLOW OR PERMIT THE ENGINE OF SUCH HEAVY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07791-01-3

 S. 5330                             2
 
 DUTY VEHICLE TO IDLE FOR MORE THAN FIVE  CONSECUTIVE  MINUTES  WHEN  THE
 HEAVY  DUTY  VEHICLE  IS NOT IN MOTION, EXCEPT AS OTHERWISE PERMITTED BY
 SECTION 19-1307 OF THIS TITLE.
 § 19-1307. EXCEPTIONS.
   THE  PROHIBITIONS  OF SECTION 19-1305 OF THIS TITLE SHALL NOT APPLY IN
 THE FOLLOWING CIRCUMSTANCES:
   1. WHEN A DIESEL OR NON-DIESEL FUELED HEAVY DUTY  VEHICLE,  INCLUDING,
 BUT  NOT  LIMITED  TO  A  BUS  OR  TRUCK, IS FORCED TO REMAIN MOTIONLESS
 BECAUSE OF THE TRAFFIC CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO
 CONTROL;
   2. IF CONTRARY REGULATIONS ARE ADOPTED  BY  FEDERAL,  STATE  OR  LOCAL
 AGENCIES  HAVING  JURISDICTION  REQUIRE  THE  MAINTENANCE  OF A SPECIFIC
 TEMPERATURE FOR PASSENGER COMFORT; IN SUCH CASE, THE IDLING TIME  SPECI-
 FIED  IN SECTION 19-1305 OF THIS TITLE MAY BE INCREASED, BUT ONLY TO THE
 EXTENT NECESSARY TO COMPLY WITH SUCH REGULATIONS;
   3. WHEN A DIESEL OR NON-DIESEL FUELED ENGINE IS BEING USED TO  PROVIDE
 POWER  FOR AN AUXILIARY PURPOSE, SUCH AS LOADING, DISCHARGING, MIXING OR
 PROCESSING CARGO; CONTROLLING CARGO TEMPERATURE;  CONSTRUCTION;  LUMBER-
 ING; OIL OR GAS WELL SERVICING; FARMING; OR WHEN OPERATION OF THE ENGINE
 IS REQUIRED FOR THE PURPOSE OF MAINTENANCE;
   4. IF IDLING IS DUE TO FIRE, POLICE AND PUBLIC UTILITY TRUCKS OR OTHER
 VEHICLES PERFORMING EMERGENCY SERVICES;
   5.  TO TRUCKS OWNED OR OPERATED BY PERSONS ENGAGED IN MINING AND QUAR-
 RYING THAT ARE USED WITHIN THE CONFINES OF SUCH PERSON'S PROPERTY;
   6. IF A DIESEL FUELED TRUCK IS  TO  REMAIN  MOTIONLESS  FOR  A  PERIOD
 EXCEEDING  TWO HOURS, AND DURING WHICH PERIOD THE AMBIENT TEMPERATURE IS
 CONTINUOUSLY BELOW TWENTY-FIVE DEGREES FAHRENHEIT;
   7. TO A HEAVY-DUTY DIESEL VEHICLE THAT IS QUEUED FOR OR IS  UNDERGOING
 A STATE AUTHORIZED PERIODIC OR ROADSIDE DIESEL EMISSIONS INSPECTION;
   8.  TO  A  HYBRID ELECTRIC VEHICLE IDLING FOR THE PURPOSE OF PROVIDING
 ENERGY FOR BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING;
   9. TO HEAVY DUTY VEHICLES USED FOR AGRICULTURAL PURPOSES  ON  A  FARM;
 AND
   10. TO ELECTRIC POWERED VEHICLES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.

2023-S5330A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S6904

2023-S5330A (ACTIVE) - Summary

Prohibits idling by heavy duty vehicles.

2023-S5330A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5330A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting idling by heavy duty vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the idling of on-road heavy duty vehicles, including a bus
or truck, for more than 5 consecutive minutes. This bill is designed to
improve air quality in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Article 19 of the environmental conserva-
tion law by adding a new title 13 Heavy Duty Vehicle Idling to:

1. Provides that his title applies to all on-road heavy duty vehicles
propelled by diesel fueled and non-diesel fueled engines that have a
gross vehicle weight rating exceeding eighty-five hundred pounds,

excluding marine vessels.

2. Set forth the definition for "hybrid electric vehicle".

3. Prohibit the idling of any heavy-duty vehicle including a bus or
truck, powered by a diesel or non-diesel fueled engine for more than
five consecutive minutes when the heavy-duty vehicle is in motion.

4. Exempts from the idling prohibition when:

(a) a diesel or non-diesel fueled heavy duty vehicle is forced to remain
motionless because of traffic conditions;

(b) federal, state, or local regulations require a specific temperature
for passenger comfort; in such case, the idling time specified may be
increased to the extent necessary to comply with such regulations;

(c) a diesel or non-diesel fueled engine is being used to provide power
for an auxiliary purpose; or when operation of the engine is required
for maintenance;

(d) idling is due to fire, police and public utility trucks or other
vehicles performing emergency services;

(e) trucks owned or operated by persons engaged in mining and quarrying
that are used within the confines of such person's property;

(f) a diesel fueled truck is to remain motionless for a period exceeding
two hours, and the ambient temperature is continuously below 25 degrees
Fahrenheit;

(g) a heavy-duty diesel vehicle is queued for or is undergoing a state
authorized periodic or roadside diesel emissions inspection;

(h) a hybrid-electric vehicle is idling to provide energy to the battery
or other energy recharging storage;

(i) a heavy-duty vehicle is used for agricultural purposes on a farm;
and

(j) it is an electric powered vehicle.

§ 19-1309. Any person that violates the section shall be liable for a
civil penalty not to exceed $150.

Section 2 states the effective date.

 
JUSTIFICATION:

Presently, Department of Environmental Conservation regulations prohibit
heavy duty vehicles including diesel trucks and buses, from idling for
more than five consecutive minutes. This legislation will codify these
regulations in statute.

Emissions from heavy duty vehicles fueled by diesel and non-diesel
engines remain a serious health threat. According to the American Lung
Association's State 2020 "State of the Air", found that nearly half of
New York's 19 million residents live in counties where unhealthy air
endangers their lives and health. Thirteen of the 26 counties in New
York State with air quality monitors received failing grades.

The United States Environmental Protection Agency estimates that heavy
duty emissions will surpass care emissions by 2030. While heavy duty
vehicles comprise only 5% of the vehicles on the road, they emit 23% of
all greenhouse gasses.

This legislation seeks to address the fact that more than half of New
York's 19 million residents live in counties where unhealthy air endan-
gers their lives and health.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S6904/A6941 - Died in Environmental Conservation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

2023-S5330A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5330--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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. Article 19 of the environmental conservation law is amended
 by adding a new title 13 to read as follows:
                                 TITLE 13
                         HEAVY DUTY VEHICLE IDLING
 SECTION 19-1301. APPLICABILITY.
         19-1303. DEFINITIONS.
         19-1305. PROHIBITIONS.
         19-1307. EXCEPTIONS.
         19-1309. PENALTIES.
 § 19-1301. APPLICABILITY.
   THIS TITLE SHALL APPLY TO ALL ON-ROAD HEAVY DUTY VEHICLES PROPELLED BY
 DIESEL  FUELED  AND  NON-DIESEL FUELED ENGINES EXCLUDING MARINE VESSELS.
 HEAVY DUTY VEHICLE MEANS A VEHICLE  THAT  HAS  A  GROSS  VEHICLE  WEIGHT
 RATING  EXCEEDING  EIGHTY-FIVE  HUNDRED POUNDS AND IS DESIGNED PRIMARILY
 FOR TRANSPORTING PERSONS OR PROPERTIES.
 § 19-1303. DEFINITIONS.
   AS USED IN THIS TITLE, "HYBRID ELECTRIC VEHICLE" MEANS  A  VEHICLE  AS
 DEFINED IN 40 CFR SECTION 86.1702-99.
 § 19-1305. PROHIBITIONS.
   NO  PERSON WHO OWNS, OPERATES OR LEASES A HEAVY DUTY VEHICLE INCLUDING
 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.
                                                            LBD07791-05-4

 S. 5330--A                          2
 
 NON-DIESEL  FUELED ENGINE SHALL ALLOW OR PERMIT THE ENGINE OF SUCH HEAVY
 DUTY VEHICLE TO IDLE FOR MORE THAN FIVE  CONSECUTIVE  MINUTES  WHEN  THE
 HEAVY  DUTY  VEHICLE  IS NOT IN MOTION, EXCEPT AS OTHERWISE PERMITTED BY
 SECTION 19-1307 OF THIS TITLE.
 § 19-1307. EXCEPTIONS.
   THE  PROHIBITIONS  OF SECTION 19-1305 OF THIS TITLE SHALL NOT APPLY IN
 THE FOLLOWING CIRCUMSTANCES:
   1. WHEN A DIESEL OR NON-DIESEL FUELED HEAVY DUTY  VEHICLE,  INCLUDING,
 BUT  NOT  LIMITED  TO  A  BUS  OR  TRUCK, IS FORCED TO REMAIN MOTIONLESS
 BECAUSE OF THE TRAFFIC CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO
 CONTROL;
   2. IF CONTRARY REGULATIONS ARE ADOPTED  BY  FEDERAL,  STATE  OR  LOCAL
 AGENCIES  HAVING  JURISDICTION  REQUIRE  THE  MAINTENANCE  OF A SPECIFIC
 TEMPERATURE FOR PASSENGER COMFORT; IN SUCH CASE, THE IDLING TIME  SPECI-
 FIED  IN SECTION 19-1305 OF THIS TITLE MAY BE INCREASED, BUT ONLY TO THE
 EXTENT NECESSARY TO COMPLY WITH SUCH REGULATIONS;
   3. WHEN A DIESEL OR NON-DIESEL FUELED ENGINE IS BEING USED TO  PROVIDE
 POWER  FOR AN AUXILIARY PURPOSE, SUCH AS LOADING, DISCHARGING, MIXING OR
 PROCESSING CARGO; CONTROLLING CARGO TEMPERATURE;  CONSTRUCTION;  LUMBER-
 ING; OIL OR GAS WELL SERVICING; FARMING; OR WHEN OPERATION OF THE ENGINE
 IS REQUIRED FOR THE PURPOSE OF MAINTENANCE;
   4. IF IDLING IS DUE TO FIRE, POLICE AND PUBLIC UTILITY TRUCKS OR OTHER
 VEHICLES PERFORMING EMERGENCY SERVICES;
   5.  TO TRUCKS OWNED OR OPERATED BY PERSONS ENGAGED IN MINING AND QUAR-
 RYING THAT ARE USED WITHIN THE CONFINES OF SUCH PERSON'S PROPERTY;
   6. IF A DIESEL FUELED TRUCK IS  TO  REMAIN  MOTIONLESS  FOR  A  PERIOD
 EXCEEDING  TWO HOURS, AND DURING WHICH PERIOD THE AMBIENT TEMPERATURE IS
 CONTINUOUSLY BELOW TWENTY-FIVE DEGREES FAHRENHEIT;
   7. TO A HEAVY-DUTY DIESEL VEHICLE THAT IS QUEUED FOR OR IS  UNDERGOING
 A STATE AUTHORIZED PERIODIC OR ROADSIDE DIESEL EMISSIONS INSPECTION;
   8.  TO  A  HYBRID ELECTRIC VEHICLE IDLING FOR THE PURPOSE OF PROVIDING
 ENERGY FOR BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING;
   9. TO HEAVY DUTY VEHICLES USED FOR AGRICULTURAL PURPOSES  ON  A  FARM;
 AND
   10. TO ELECTRIC POWERED VEHICLES.
 § 19-1309. PENALTIES.
   ANY  PERSON  WHO  KNOWINGLY OR INTENTIONALLY VIOLATES ANY PROVISION OF
 THIS SECTION SHALL BE LIABLE FOR A  CIVIL  PENALTY  NOT  TO  EXCEED  ONE
 HUNDRED FIFTY DOLLARS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.

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Senate Bill S5330

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

May 9, 2023 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 9, 2023

Bill Amendments

2023-S5330 - Details

2023-S5330 - Summary

2023-S5330 - Sponsor Memo

2023-S5330 - Bill Text download pdf

2023-S5330A (ACTIVE) - Details

2023-S5330A (ACTIVE) - Summary

2023-S5330A (ACTIVE) - Sponsor Memo

2023-S5330A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5330

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2023-S5330 - Details

2023-S5330 - Summary

2023-S5330 - Sponsor Memo

2023-S5330 - Bill Text download pdf

2023-S5330A (ACTIVE) - Details

2023-S5330A (ACTIVE) - Summary

2023-S5330A (ACTIVE) - Sponsor Memo

2023-S5330A (ACTIVE) - Bill Text download pdf

Comments