Assembly Bill A1228A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1228--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. ABINANTI, GALEF, KAVANAGH, GOTTFRIED, JAFFEE,
  LAVINE, PAULIN, BUCHWALD -- read once and referred to the Committee on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental Conservation in accordance with Assembly  Rule  3,  sec.  2  --
  reported   and  referred  to  the  Committee  on  Codes  --  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 passenger vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 19-0327 to read as follows:
S 19-0327. EMISSIONS FROM PASSENGER VEHICLES; LIMITATIONS.
  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PASSENGER VEHICLE" SHALL MEAN ANY MOTOR VEHICLE, LIGHT-DUTY TRUCK
WITH A GROSS VEHICLE WEIGHT OF EIGHTY-FIVE HUNDRED POUNDS  OR  LESS,  OR
ANY  OTHER VEHICLE WHOSE PRIMARY USE IS NONCOMMERCIAL PERSONAL TRANSPOR-
TATION.  SUCH DEFINITION SHALL ALSO INCLUDE "MOTORCYCLE", "TAXICAB"  AND
"LIVERY"  AS  SUCH  TERMS  ARE DEFINED IN ARTICLE ONE OF THE VEHICLE AND
TRAFFIC LAW.
  (B) "HYBRID-ELECTRIC VEHICLE" SHALL MEAN ANY PASSENGER  VEHICLE  WHICH
DRAWS PROPULSION FROM BOTH AN INTERNAL COMBUSTION ENGINE (OR HEAT ENGINE
THAT  USES  COMBUSTIBLE  FUEL),  AN  ENERGY STORAGE DEVICE AND EMPLOYS A
REGENERATIVE VEHICLE BRAKING SYSTEM THAT RECOVERS WASTE ENERGY TO CHARGE
SUCH ENERGY STORAGE DEVICE.
  2.  NO PERSON SHALL ALLOW OR PERMIT THE ENGINE OF A PASSENGER  VEHICLE
TO IDLE FOR MORE THAN THREE CONSECUTIVE MINUTES WHEN THE PASSENGER VEHI-
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.
              

                                                           LBD03587-02-4

A. 1228--A                          2

  (A)  SUCH  VEHICLE  IS  FORCED TO REMAIN MOTIONLESS BECAUSE OF TRAFFIC
CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;
  (B)  REGULATIONS  ADOPTED  BY  A FEDERAL, STATE OR LOCAL AGENCY HAVING
JURISDICTION REQUIRE THE  MAINTENANCE  OF  A  SPECIFIC  TEMPERATURE  FOR
PASSENGER COMFORT, IN WHICH CASE THE IDLING TIME MAY BE INCREASED TO THE
EXTENT NECESSARY TO COMPLY WITH SUCH REGULATIONS;
  (C)  A  HYBRID-ELECTRIC VEHICLE IS IDLING FOR THE PURPOSE OF PROVIDING
ENERGY FOR THE BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING;
  (D) THE AMBIENT AIR TEMPERATURE IS 32 DEGREES  FAHRENHEIT  (0  DEGREES
CELSIUS) OR LESS;
  (E)  WHEN OPERATION OF THE ENGINE IS REQUIRED FOR THE PURPOSE OF MAIN-
TENANCE.
  3. THIS SECTION SHALL NOT APPLY TO THE OPERATION OF  AUTHORIZED  EMER-
GENCY VEHICLES, AS DEFINED BY SECTION ONE HUNDRED ONE OF THE VEHICLE AND
TRAFFIC  LAW AND OTHER EMERGENCY VEHICLES AND EQUIPMENT WHILE PERFORMING
IN THE SCOPE OF THEIR DUTIES.
  4. NOTHING IN THIS SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
LOCAL LAW, INCLUDING, BUT NOT LIMITED TO SECTION 24-163 OF THE  ADMINIS-
TRATIVE  CODE  OF  THE CITY OF NEW YORK, PROVIDED THAT THE PROVISIONS OF
SUCH LOCAL LAW ARE AT LEAST AS  STRINGENT  AS  THE  PROVISIONS  OF  THIS
SECTION.
  5. ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES ANY PROVISION OF
THIS  SECTION  SHALL,  UPON  THE  FIRST  FINDING OF SUCH A VIOLATION, BE
PROVIDED WITH A WARNING THAT FUTURE VIOLATIONS MAY RESULT IN THE IMPOSI-
TION OF A CIVIL PENALTY.  ANY PERSON CONVICTED OF A SUBSEQUENT VIOLATION
MAY BE LIABLE FOR A CIVIL  PENALTY  NOT  TO  EXCEED  ONE  HUNDRED  FIFTY
DOLLARS.
  S  2. Severability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court of  competent  juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause,  sentence,  paragraph,  section  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.