Bill Text: NY S08634 | 2019-2020 | 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, subsequent violations of such section are traffic infractions punishable by a fine of $150.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-26 - REFERRED TO RULES [S08634 Detail]

Download: New_York-2019-S08634-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8634

                    IN SENATE

                                      June 26, 2020
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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 19-0329 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) "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;
    26    (c) a hybrid-electric vehicle is idling for the purpose  of  providing
    27  energy for the battery or other form of energy storage recharging;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04460-08-0
        S. 8634                             2

     1    (d)  the  ambient  air temperature is 32 degrees Fahrenheit (0 degrees
     2  Celsius) or less;
     3    (e)  when operation of the engine is required for the purpose of main-
     4  tenance; or
     5    (f) such vehicle is idling for the purpose of ensuring the safe  load-
     6  ing, unloading, or transport of persons with one or more disabilities.
     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 may result in the imposi-
    19  tion of a civil penalty.  Any person convicted of a subsequent violation
    20  may  be  liable  for  a  civil  penalty  not to exceed one hundred fifty
    21  dollars.
    22    § 2. Severability clause. If any clause, sentence, paragraph,  section
    23  or  part  of this act shall be adjudged by any court of competent juris-
    24  diction to be invalid, such judgment shall not affect, impair or invali-
    25  date the remainder thereof, but shall be confined in  its  operation  to
    26  the  clause,  sentence,  paragraph,  section  or  part  thereof directly
    27  involved in the controversy in  which  such  judgment  shall  have  been
    28  rendered.
    29    § 3. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law.