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
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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.