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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 6-0)

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

Download: New_York-2023-A08289-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8289

                               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

        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.
    12    (b)  "Hybrid-electric  vehicle" shall mean any passenger vehicle which
    13  draws propulsion from both an internal combustion engine (or heat engine
    14  that uses combustible fuel), an energy  storage  device  and  employs  a
    15  regenerative vehicle braking system that recovers waste energy to charge
    16  such energy storage device.
    17    2.   No person shall allow or permit the engine of a passenger vehicle
    18  to idle for more than three consecutive minutes when the passenger vehi-
    19  cle is not in motion, except that this provision shall not apply when:
    20    (a) such vehicle is forced to remain  motionless  because  of  traffic
    21  conditions over which the operator thereof has no control;
    22    (b)  regulations  adopted  by  a federal, state or local agency having
    23  jurisdiction require the  maintenance  of  a  specific  temperature  for
    24  passenger comfort, in which case the idling time may be increased to the
    25  extent necessary to comply with such regulations;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04164-03-3
        A. 8289                             2

     1    (c)  a  hybrid-electric vehicle is idling for the purpose of providing
     2  energy for the battery or other form of energy storage recharging;
     3    (d)  the  ambient  air temperature is 32 degrees Fahrenheit (0 degrees
     4  Celsius) or less;
     5    (e) when operation of the engine is required for the purpose of  main-
     6  tenance;
     7    (f)  such vehicle is idling for the purpose of ensuring the safe load-
     8  ing, unloading, or transport of persons with one or  more  disabilities;
     9  or
    10    (g) such vehicle contains one or more children or pets.
    11    3.  This  section shall not apply to the operation of authorized emer-
    12  gency vehicles, as defined by section one hundred one of the vehicle and
    13  traffic law and other emergency vehicles and equipment while  performing
    14  in the scope of their duties.
    15    4. Nothing in this section shall be deemed to preempt any provision of
    16  local  law, including, but not limited to section 24-163 of the adminis-
    17  trative code of the city of New York, provided that  the  provisions  of
    18  such  local  law  are  at  least  as stringent as the provisions of this
    19  section.
    20    5. Any person who knowingly or intentionally violates any provision of
    21  this section shall, upon the first  finding  of  such  a  violation,  be
    22  provided with a warning that future violations may result in the imposi-
    23  tion of a civil penalty.  Any person convicted of a subsequent violation
    24  may  be  liable  for  a  civil  penalty  not to exceed one hundred fifty
    25  dollars.
    26    § 2. Severability clause. If any clause, sentence, paragraph,  section
    27  or  part  of this act shall be adjudged by any court of competent juris-
    28  diction to be invalid, such judgment shall not affect, impair or invali-
    29  date the remainder thereof, but shall be confined in  its  operation  to
    30  the  clause,  sentence,  paragraph,  section  or  part  thereof directly
    31  involved in the controversy in  which  such  judgment  shall  have  been
    32  rendered.
    33    § 3. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law.