Prohibits the idling of any passenger vehicle, with certain exceptions, for more than 3 consecutive minutes; establishes the first violation is a warning and subsequent violations of such section are traffic infractions punishable by a fine of $150.
STATE OF NEW YORK
________________________________________________________________________
1354
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. EACHUS, COLTON, BURDICK, EPSTEIN, SIMONE -- read
once and referred to the Committee on Environmental Conservation
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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 19-0333 to read as follows:
3 § 19-0333. Emissions from passenger vehicles; limitations.
4 1. For the purposes of this section, the following terms shall have
5 the following meanings:
6 (a) "Passenger vehicle" shall mean any motor vehicle, light-duty truck
7 with a gross vehicle weight of eighty-five hundred pounds or less, or
8 any other vehicle whose primary use is noncommercial personal transpor-
9 tation. Such definition shall also include "motorcycle", "taxicab" and
10 "livery" as such terms are defined in article one of the vehicle and
11 traffic law and shall not include electric vehicles as defined in subdi-
12 vision one of section 66-s of the public service law.
13 (b) "Hybrid-electric vehicle" shall mean any passenger vehicle which
14 draws propulsion from both an internal combustion engine (or heat engine
15 that uses combustible fuel), an energy storage device and employs a
16 regenerative vehicle braking system that recovers waste energy to charge
17 such energy storage device.
18 2. No person shall allow or permit the engine of a passenger vehicle
19 to idle for more than three consecutive minutes when the passenger vehi-
20 cle is not in motion, except that this provision shall not apply when:
21 (a) such vehicle is forced to remain motionless because of traffic
22 conditions over which the operator thereof has no control;
23 (b) regulations adopted by a federal, state or local agency having
24 jurisdiction require the maintenance of a specific temperature for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00392-01-5
A. 1354 2
1 passenger comfort, in which case the idling time may be increased to the
2 extent necessary to comply with such regulations;
3 (c) a hybrid-electric vehicle is idling for the purpose of providing
4 energy for the battery or other form of energy storage recharging;
5 (d) the ambient air temperature is 32 degrees Fahrenheit (0 degrees
6 Celsius) or less;
7 (e) when operation of the engine is required for the purpose of main-
8 tenance;
9 (f) such vehicle is idling for the purpose of ensuring the safe load-
10 ing, unloading, or transport of persons with one or more disabilities;
11 (g) such vehicle contains one or more children or pets; or
12 (h) such vehicle is a military tactical vehicle used in military
13 training operations.
14 3. This section shall not apply to the operation of authorized emer-
15 gency vehicles, as defined by section one hundred one of the vehicle and
16 traffic law and other emergency vehicles and equipment while performing
17 in the scope of their duties.
18 4. Nothing in this section shall be deemed to preempt any provision of
19 local law, including, but not limited to section 24-163 of the adminis-
20 trative code of the city of New York, provided that the provisions of
21 such local law are at least as stringent as the provisions of this
22 section.
23 5. Any person who knowingly or intentionally violates any provision of
24 this section shall, upon the first finding of such a violation, be
25 provided with a warning that future violations may result in the imposi-
26 tion of a civil penalty. Any person convicted of a subsequent violation
27 may be liable for a civil penalty not to exceed one hundred fifty
28 dollars.
29 § 2. Severability clause. If any clause, sentence, paragraph, section
30 or part of this act shall be adjudged by any court of competent juris-
31 diction to be invalid, such judgment shall not affect, impair or invali-
32 date the remainder thereof, but shall be confined in its operation to
33 the clause, sentence, paragraph, section or part thereof directly
34 involved in the controversy in which such judgment shall have been
35 rendered.
36 § 3. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law.
