New York City’s Department of Environmental Protection (DEP) is proposing to amend its rules to define what constitutes a processing device for the purposes of the idling provision. The proposed changes are:
Processing Device. For purposes of section 24-163 of the administrative code, the term “processing device” shall mean:
(1)a Device necessary to accomplish the work for which the vehicle or equipment was designed, other than transporting goods or people, including operating a lift, crane, pump, drill, hoist, mixer or other auxiliary equipment other than a heater or air conditioner; or
(2)a System designed to control the environment of temperature-sensitive cargo or substances, including but not limited to food.
This proposed change ties into Mayor Eric Adams’ Executive Order to reform existing business regulations, ensuring local businesses face fewer needless fines and penalties. From a regulatory perspective, this seems as far as DEP can go to make the idling laws more transparent. From a legislative perspective however, the new Council and Administration must get rid of the absurd citizen bounty system that commercial vehicles, and only commercial vehicles are subject to.
DEP will hold a public hearing on the proposed rule online. The public hearing will take place at 11am on March 2, 2022. To participate in the public hearing, please follow these instructions:
Microsoft Teams meeting Join on your computer or mobile app: Click here to join the meeting Or call in (audio only):+1 347-921-5612, 339046364# Phone Conference ID: 339 046 364#
Anyone can comment on the proposed rules by:
- Website. You can submit comments to the Department through the NYC rules website at http://rules.cityofnewyork.us.
- Email. You can email written comments to firstname.lastname@example.org.
- Mail. You can mail written comments to the Department of Environmental Protection, Bureau of Legal Affairs, 59-17 Junction Boulevard, 19th Floor, Flushing, NY 11373.
- Fax. You can fax written comments to the Department of Environmental Protection, Bureau of Legal Affairs, at 718-595-6543.
- By speaking at the hearing. Anyone who wants to comment on the proposed rules at the public hearing must sign up to speak. You can sign up before the hearing by calling 718-595-6531. You can speak for up to three minutes.