Bill Text: NY S04282 | 2019-2020 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-03-02 - PRINT NUMBER 4282B [S04282 Detail]

Download: New_York-2019-S04282-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4282--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 6, 2019
                                       ___________

        Introduced by Sens. HARCKHAM, HOYLMAN, KRUEGER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental  Conservation  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  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 committee

        AN  ACT  to amend the environmental conservation law, in relation to the
          idling time of motor 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 19-0329 to read as follows:
     3  § 19-0329. Emissions from passenger vehicles; limitations.
     4    1. For the purposes of this section, the following  terms  shall  have
     5  the following meanings:
     6    (a)  "Motor  vehicle"  shall  mean a passenger vehicle or a commercial
     7  motor vehicle.
     8    (b) "Passenger vehicle" shall mean any motor vehicle, light-duty truck
     9  with a gross vehicle weight of eighty-five hundred pounds  or  less,  or
    10  any  other vehicle whose primary use is noncommercial personal transpor-
    11  tation.  Such definition shall also include "motorcycle", "taxicab"  and
    12  "livery"  as  such  terms  are defined in article one of the vehicle and
    13  traffic law.
    14    (c) "Commercial motor vehicle" shall have  the  same  meaning  as  set
    15  forth  in  subdivision four of section five hundred one-a or subdivision
    16  one of section five hundred nine-p of the vehicle and traffic law.
    17    (d) "Hybrid-electric vehicle" shall mean any passenger  vehicle  which
    18  draws propulsion from both an internal combustion engine (or heat engine
    19  that  uses  combustible  fuel),  an  energy storage device and employs a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04460-06-0

        S. 4282--B                          2

     1  regenerative vehicle braking system that recovers waste energy to charge
     2  such energy storage device.
     3    (e)  "Electric  vehicle"  shall mean a vehicle powered by electricity,
     4  usually provided by batteries.
     5    2.  No person shall allow or permit the engine of a passenger  vehicle
     6  to idle for more than three consecutive minutes when the passenger vehi-
     7  cle is not in motion, except that this provision shall not apply when:
     8    (a)  the  vehicle  is  forced  to remain motionless because of traffic
     9  conditions over which the operator thereof has no control;
    10    (b) regulations adopted by a federal, state  or  local  agency  having
    11  jurisdiction  require  the  maintenance  of  a  specific temperature for
    12  passenger comfort, in which case the idling time may be increased to the
    13  extent necessary to comply with such regulations;
    14    (c) an engine is being used to provide power for an essential auxilia-
    15  ry purpose, such as loading, discharging, mixing  or  processing  cargo;
    16  controlling  cargo temperature; construction; lumbering; oil or gas well
    17  servicing; farming operations;  or  when  operation  of  the  engine  is
    18  required for the purpose of maintenance;
    19    (d)  trucks  and heavy-duty construction equipment propelled by diesel
    20  engines, owned and operated by persons engaged in mining and  quarrying,
    21  are used within the confines of such person's property;
    22    (e)  a  hybrid-electric vehicle is idling for the purpose of providing
    23  energy for the battery or other form of energy storage recharging;
    24    (f) the motor vehicle is an electric vehicle;
    25    (g) the ambient air temperature is 32 degrees  Fahrenheit  (0  degrees
    26  Celsius) or less; or
    27    (h)  the  vehicle is idling for the purpose of ensuring the safe load-
    28  ing, unloading, or transport of persons with one or more disabilities.
    29    3. This section shall not apply to the operation of  authorized  emer-
    30  gency vehicles, as defined by section one hundred one of the vehicle and
    31  traffic  law and other emergency vehicles and equipment while performing
    32  in the scope of their duties.
    33    4. Nothing in this section shall be deemed to preempt any provision of
    34  local law, including, but not limited to section 24-163 of the  adminis-
    35  trative  code  of  the city of New York, provided that the provisions of
    36  such local law are at least as  stringent  as  the  provisions  of  this
    37  section.
    38    5. Any person who knowingly or intentionally violates any provision of
    39  this  section  shall,  upon  the  first  finding of such a violation, be
    40  provided with a warning that future violations may result in the imposi-
    41  tion of a civil penalty.  Any person convicted of a subsequent violation
    42  may be liable for a civil  penalty  not  to  exceed  one  hundred  fifty
    43  dollars.
    44    §  2. Severability clause. If any clause, sentence, paragraph, section
    45  or part of this act shall be adjudged by any court of  competent  juris-
    46  diction to be invalid, such judgment shall not affect, impair or invali-
    47  date  the  remainder  thereof, but shall be confined in its operation to
    48  the clause,  sentence,  paragraph,  section  or  part  thereof  directly
    49  involved  in  the  controversy  in  which  such judgment shall have been
    50  rendered.
    51    § 3. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law.
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