The New York State Senate

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

                                 1698--A
                                                        Cal. No. 281

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2019
                               ___________

Introduced  by  M.  of A. ABINANTI, COLTON, THIELE, L. ROSENTHAL -- read
  once and referred to the Committee on  Environmental  Conservation  --
  reported  and  referred  to  the  Committee  on Codes -- reported from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

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:
  (A)  SUCH  VEHICLE  IS  FORCED TO REMAIN MOTIONLESS BECAUSE OF TRAFFIC
CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;

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

                                                           LBD04460-02-9

A. 1698--A                          2

  (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; OR
  (F) SUCH VEHICLE IS IDLING FOR THE PURPOSE OF ENSURING THE SAFE  LOAD-
ING, UNLOADING, OR TRANSPORT OF PERSONS WITH ONE OR MORE DISABILITIES.
  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.