Bill Text: NY A07606 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-04-18 - reported referred to codes [A07606 Detail]

Download: New_York-2011-A07606-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7606
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 11, 2011
                                      ___________
       Introduced  by  M.  of A. ABINANTI, GALEF, LATIMER, KAVANAGH, GOTTFRIED,
         JAFFEE, LAVINE, PAULIN -- read once and referred to the  Committee  on
         Environmental Conservation
       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 19-0326 to read as follows:
    3  S 19-0326. EMISSIONS FROM DIESEL ENGINES AND PASSENGER VEHICLES; LIMITA-
    4              TIONS.
    5    1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
    6  THE FOLLOWING MEANINGS:
    7    (A) "PASSENGER VEHICLE" SHALL MEAN ANY MOTOR VEHICLE, LIGHT-DUTY TRUCK
    8  WITH  A  GROSS  VEHICLE WEIGHT OF EIGHTY-FIVE HUNDRED POUNDS OR LESS, OR
    9  ANY OTHER VEHICLE WHOSE PRIMARY USE IS NONCOMMERCIAL PERSONAL  TRANSPOR-
   10  TATION.   SUCH DEFINITION SHALL ALSO INCLUDE "MOTORCYCLE", "TAXICAB" AND
   11  "LIVERY" AS SUCH TERMS ARE DEFINED IN ARTICLE ONE  OF  THE  VEHICLE  AND
   12  TRAFFIC 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:
   21    (A) SUCH VEHICLE IS FORCED TO REMAIN  MOTIONLESS  BECAUSE  OF  TRAFFIC
   22  CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;
   23    (B)  REGULATIONS  ADOPTED  BY  A FEDERAL, STATE OR LOCAL AGENCY HAVING
   24  JURISDICTION REQUIRE THE  MAINTENANCE  OF  A  SPECIFIC  TEMPERATURE  FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09192-04-1
       A. 7606                             2
    1  PASSENGER COMFORT, IN WHICH CASE THE IDLING TIME MAY BE INCREASED TO THE
    2  EXTENT NECESSARY TO COMPLY WITH SUCH REGULATIONS;
    3    (C)  A  HYBRID-ELECTRIC VEHICLE IS IDLING FOR THE PURPOSE OF PROVIDING
    4  ENERGY FOR THE BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING;
    5    (D) THE AMBIENT AIR TEMPERATURE IS 32 DEGREES  FAHRENHEIT  (0  DEGREES
    6  CELSIUS) OR LESS.
    7    3.  THIS  SECTION SHALL NOT APPLY TO THE OPERATION OF AUTHORIZED EMER-
    8  GENCY VEHICLES, AS DEFINED BY SECTION ONE HUNDRED ONE OF THE VEHICLE AND
    9  TRAFFIC LAW AND OTHER EMERGENCY VEHICLES AND EQUIPMENT WHILE  PERFORMING
   10  IN THE SCOPE OF THEIR DUTIES.
   11    4. NOTHING IN THIS SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
   12  LOCAL  LAW, INCLUDING, BUT NOT LIMITED TO SECTION 24-163 OF THE ADMINIS-
   13  TRATIVE CODE OF THE CITY OF NEW YORK, PROVIDED THAT  THE  PROVISIONS  OF
   14  SUCH  LOCAL  LAW  ARE  AT  LEAST  AS STRINGENT AS THE PROVISIONS OF THIS
   15  SECTION.
   16    5. ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES ANY PROVISION OF
   17  THIS SECTION SHALL, UPON THE FIRST  FINDING  OF  SUCH  A  VIOLATION,  BE
   18  PROVIDED WITH A WARNING THAT FUTURE VIOLATIONS SHALL RESULT IN THE IMPO-
   19  SITION  OF  A FINE. ANY PERSON CONVICTED OF A SUBSEQUENT VIOLATION SHALL
   20  BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS.
   21    S 2. Severability clause. If any clause, sentence, paragraph,  section
   22  or  part  of this act shall be adjudged by any court of competent juris-
   23  diction to be invalid, such judgment shall not affect, impair or invali-
   24  date the remainder thereof, but shall be confined in  its  operation  to
   25  the  clause,  sentence,  paragraph,  section  or  part  thereof directly
   26  involved in the controversy in  which  such  judgment  shall  have  been
   27  rendered.
   28    S 3. This act shall take effect on the one hundred eightieth day after
   29  it shall have become a law.