Bill Text: NY A08289 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the idling of any passenger vehicle, with certain exceptions, for more than 3 consecutive minutes; establishes the first violation is a warning and subsequent violations of such section are traffic infractions punishable by a fine of $150.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-04-16 - reported referred to codes [A08289 Detail]

Download: New_York-2023-A08289-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8289--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 27, 2023
                                       ___________

        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on Environmental Conservation -- recommitted to the Committee on Envi-
          ronmental  Conservation  in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said  committee -- again reported from said committee
          with amendments, ordered reprinted as amended and recommitted to  said
          committee

        AN  ACT  to amend the environmental conservation law, in relation to the
          idling time of passenger 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 19-0333 to read as follows:
     3  § 19-0333. Emissions from passenger vehicles; limitations.
     4    1. For the purposes of this section, the following  terms  shall  have
     5  the following meanings:
     6    (a) "Passenger vehicle" shall mean any motor vehicle, light-duty truck
     7  with  a  gross  vehicle weight of eighty-five hundred pounds or less, or
     8  any other vehicle whose primary use is noncommercial personal  transpor-
     9  tation.   Such definition shall also include "motorcycle", "taxicab" and
    10  "livery" as such terms are defined in article one  of  the  vehicle  and
    11  traffic law and shall not include electric vehicles as defined in subdi-
    12  vision one of section 66-s of the public service law.
    13    (b)  "Hybrid-electric  vehicle" shall mean any passenger vehicle which
    14  draws propulsion from both an internal combustion engine (or heat engine
    15  that uses combustible fuel), an energy  storage  device  and  employs  a
    16  regenerative vehicle braking system that recovers waste energy to charge
    17  such energy storage device.
    18    2.   No person shall allow or permit the engine of a passenger vehicle
    19  to idle for more than three consecutive minutes when the passenger vehi-
    20  cle is not in motion, except that this provision shall not apply when:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04164-06-4
        A. 8289--B                          2

     1    (a) such vehicle is forced to remain  motionless  because  of  traffic
     2  conditions over which the operator thereof has no control;
     3    (b)  regulations  adopted  by  a federal, state or local agency having
     4  jurisdiction require the  maintenance  of  a  specific  temperature  for
     5  passenger comfort, in which case the idling time may be increased to the
     6  extent necessary to comply with such regulations;
     7    (c)  a  hybrid-electric vehicle is idling for the purpose of providing
     8  energy for the battery or other form of energy storage recharging;
     9    (d) the ambient air temperature is 32 degrees  Fahrenheit  (0  degrees
    10  Celsius) or less;
    11    (e)  when operation of the engine is required for the purpose of main-
    12  tenance;
    13    (f) such vehicle is idling for the purpose of ensuring the safe  load-
    14  ing, unloading, or transport of persons with one or more disabilities;
    15    (g) such vehicle contains one or more children or pets; or
    16    (h)  such  vehicle  is  a  military  tactical vehicle used in military
    17  training operations.
    18    3. This section shall not apply to the operation of  authorized  emer-
    19  gency vehicles, as defined by section one hundred one of the vehicle and
    20  traffic  law and other emergency vehicles and equipment while performing
    21  in the scope of their duties.
    22    4. Nothing in this section shall be deemed to preempt any provision of
    23  local law, including, but not limited to section 24-163 of the  adminis-
    24  trative  code  of  the city of New York, provided that the provisions of
    25  such local law are at least as  stringent  as  the  provisions  of  this
    26  section.
    27    5. Any person who knowingly or intentionally violates any provision of
    28  this  section  shall,  upon  the  first  finding of such a violation, be
    29  provided with a warning that future violations may result in the imposi-
    30  tion of a civil penalty.  Any person convicted of a subsequent violation
    31  may be liable for a civil  penalty  not  to  exceed  one  hundred  fifty
    32  dollars.
    33    §  2. Severability clause. If any clause, sentence, paragraph, section
    34  or part of this act shall be adjudged by any court of  competent  juris-
    35  diction to be invalid, such judgment shall not affect, impair or invali-
    36  date  the  remainder  thereof, but shall be confined in its operation to
    37  the clause,  sentence,  paragraph,  section  or  part  thereof  directly
    38  involved  in  the  controversy  in  which  such judgment shall have been
    39  rendered.
    40    § 3. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law.