Senate Bill S1502A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1502--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens.  AVELLA,  ADDABBO,  ALCANTARA, CARLUCCI, HAMILTON,
   HOYLMAN, MARCELLINO, PERALTA, SAVINO -- read twice and ordered  print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation  -- recommitted to the Committee on Environmental Conser-
   vation  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 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 19-0329 to read as follows:
 § 19-0329. 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.
                                                            LBD01293-03-8
              

 S. 1502--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.
   §  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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.