NY State Senate Bill 2019-S8634

Senate Bill S8634

2019-2020 Legislative Session

Prohibits the idling of any passenger vehicle for more than 3 consecutive minutes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 26, 2020	referred to rules

2019-S8634 (ACTIVE) - Details

See Assembly Version of this Bill:: A1698
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0329, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S4282, S8634, A1698

2019-S8634 (ACTIVE) - Summary

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.

2019-S8634 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8634

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
idling time of passenger vehicles

 
PURPOSE OR GENERAL IDEA:

TO PROHIBIT THE IDLING OF ANY PASSENGER VEHICLE FOR MORE THAN 3 CONSEC-
UTIVE MINUTES.  THIS BILL IS DESIGNED TO IMPROVE AIR QUALITY IN NEW YORK
STATE. IT SEEKS TO ADDRESS THE FACT THAT MORE THAN HALF OF NEW YORK'S 19
MILLION RESIDENTS LIVE IN COUNTIES WHERE UNHEALTHY AIR ENDANGERS THEIR
LIVES AND HEALTH.

 
SUMMARY OF SPECIFIC PROVISIONS:

THIS BILL AMENDS THE ENVIRONMENTAL CONSERVATION LAW BY ADDING A NEW
SECTION 19-0329. THIS NEW SECTION:

1. DEFINES PASSENGER VEHICLE AND HYBRID-ELECTRIC VEHICLE.

2. PROHIBITS THE IDLING OF PASSENGER VEHICLES FOR MORE THAN THREE
CONSECUTIVE MINUTES EXCEPT WHEN:

(A) MOTIONLESS BECAUSE OF TRAFFIC CONDITIONS;

(B) FEDERAL, STATE, OR LOCAL REGULATIONS REQUIRE A SPECIFIC TEMPERATURE
FOR PASSENGER COMFORT;

(C) A HYBRID-ELECTRIC VEHICLE IS IDLING TO PROVIDE ENERGY TO THE BATTERY
OR OTHER ENERGY RECHARGING STORAGE;

(D) THE AMBIENT AIR TEMPERATURE IS 32 DEGREES FAHRENHEIT OR LESS; OR

(E) REQUIRED FOR MAINTENANCE.

3. EXEMPTS FROM THE SECTION THE OPERATION OF AUTHORIZED EMERGENCY VEHI-
CLES AND OTHER EMERGENCY VEHICLES AND EQUIPMENT WHILE PERFORMING IN THE
SCOPE OF THEIR DUTIES.

4. PROVIDES THAT NO LOCAL LAW SHALL BE PREEMPTED BY THIS SECTION
PROVIDED THAT THE PROVISIONS OF SUCH LOCAL LAW ARE AT LEAST AS STRINGENT
AS THE PROVISIONS OF THIS SECTION.

5. PROVIDES THAT ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES ANY
PROVISION OF THIS SECTION SHALL UPON THE FIRST FINDING OF A VIOLATION BE
PROVIDED WITH A WARNING AND THAT FUTURE VIOLATIONS MAY RESULT IN A CIVIL
PENALTY NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS.

 
JUSTIFICATION:

THE AMERICAN LUNG ASSOCIATION'S STATE OF THE AIR 2016 REPORT FOUND THAT
NEARLY HALF OF NEW YORK'S 19 MILLION RESIDENTS LIVE IN COUNTIES WHERE
UNHEALTHY AIR ENDANGERS THEIR LIVES AND HEALTH.  BASED ON DATA FROM
2012-2014, 12 OF THE 24 COUNTIES IN NEW YORK STATE WITH AIR QUALITY
MONITORS RECEIVED FAILING GRADES.

IN ADDITION, GASOLINE POWERED VEHICLES CONTRIBUTE TO THE STATE'S POOR
AIR QUALITY THROUGH EMISSIONS OF PARTICULATES, NITROGEN OXIDES (NOX),
AND VOLATILE ORGANIC COMPOUNDS (VOCS), THE LATTER TWO POLLUTANTS BEING
PRECURSORS FOR THE FORMATION OF GROUND-LEVEL OZONE. EXPOSURE TO OZONE
HAS BEEN CONSISTENTLY LINKED TO RESPIRATORY PROBLEMS, INCLUDING ASTHMA
EXACERBATION AND OTHER RESPIRATORY DISEASES. FURTHERMORE, GASOLINE
POWERED VEHICLES EMIT CARBON DIOXIDE, THUS CONTRIBUTING TO GLOBAL WARM-
ING.

PRESENTLY, THE ENVIRONMENTAL CONSERVATION LAW PROHIBITS HEAVY DUTY VEHI-
CLES INCLUDING DIESEL TRUCKS AND BUSES, FROM IDLING FOR MORE THAN FIVE
CONSECUTIVE MINUTES. IN ADDITION, AT LEAST TWENTY TWO MUNICIPALITIES,
INCLUDING CITIES, COUNTIES, VILLAGES AND TOWNS IN NEW YORK HAVE ADOPTED
ANTI-IDLING LAWS OR REGULATIONS.

 
LEGISLATIVE HISTORY:

2017-18: A923A REFERRED TO ENVIRONMENTAL CONSERVATION; SAME AS S1502A
(AVELLA) REFERRED TO ENVIRONMENTAL CONSERVATION;

2015-16: A315 REFERRED TO ENVIRONMENTAL CONSERVATION, SAME AS S7035
(AVELLA); 2014-14: A1228A REFERRED TO ENVIRONMENTAL CONSERVATION;

2011-12: A7606 REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

NONE

 
EFFECTIVE DATE:
THE 180TH DAY AFTER IT BECOMES LAW.

2019-S8634 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8634
 
                             I N  S E N A T E
 
                               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:

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

                                                            LBD04460-08-0

 S. 8634                             2
 
   (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.

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