The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2045--A
                                                          Cal. No. 90
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. ABINANTI, COLTON, THIELE, L. ROSENTHAL, GOTT-
   FRIED, STECK, CARROLL, SEAWRIGHT, GALEF, GLICK, REYES, FAHY,  GRIFFIN,
   GONZALEZ-ROJAS, PAULIN, SIMON -- read once and referred to the Commit-
   tee  on  Environmental  Conservation  --  ordered  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 19-0331 to read as follows:
 § 19-0331. 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.

                                                            LBD01054-02-2
 A. 2045--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.