Assembly Bill A1698A

                            
 
                     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.