S07035 Summary:

Add §19-0327, En Con L
Prohibits the idling of any passenger vehicle, with certain exceptions, for more than 3 consecutive minutes; first violation is a warning, second violations of such section are traffic infractions punishable by a fine of $150.
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S07035 Actions:

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S07035 Memo:

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S07035 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     March 17, 2016
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed 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 19-0327 to read as follows:
     3  § 19-0327. 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.
    12    (b) "Hybrid-electric vehicle" shall mean any passenger  vehicle  which
    13  draws propulsion from both an internal combustion engine (or heat engine
    14  that  uses  combustible  fuel),  an  energy storage device and employs a
    15  regenerative vehicle braking system that recovers waste energy to charge
    16  such energy storage device.
    17    2.  No person shall allow or permit the engine of a passenger  vehicle
    18  to idle for more than three consecutive minutes when the passenger vehi-
    19  cle is not in motion, except that this provision shall not apply when:
    20    (a)  such  vehicle  is  forced to remain motionless because of traffic
    21  conditions over which the operator thereof has no control;
    22    (b) regulations adopted by a federal, state  or  local  agency  having
    23  jurisdiction  require  the  maintenance  of  a  specific temperature for
    24  passenger comfort, in which case the idling time may be increased to the
    25  extent necessary to comply with such regulations;
    26    (c) a hybrid-electric vehicle is idling for the purpose  of  providing
    27  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.

        S. 7035                             2
     1    (d)  the  ambient  air temperature is 32 degrees Fahrenheit (0 degrees
     2  Celsius) or less;
     3    (e)  when operation of the engine is required for the purpose of main-
     4  tenance.
     5    3. This section shall not apply to the operation of  authorized  emer-
     6  gency vehicles, as defined by section one hundred one of the vehicle and
     7  traffic  law and other emergency vehicles and equipment while performing
     8  in the scope of their duties.
     9    4. Nothing in this section shall be deemed to preempt any provision of
    10  local law, including, but not limited to section 24-163 of the  adminis-
    11  trative  code  of  the city of New York, provided that the provisions of
    12  such local law are at least as  stringent  as  the  provisions  of  this
    13  section.
    14    5. Any person who knowingly or intentionally violates any provision of
    15  this  section  shall,  upon  the  first  finding of such a violation, be
    16  provided with a warning that future violations may result in the imposi-
    17  tion of a civil penalty.  Any person convicted of a subsequent violation
    18  may be liable for a civil  penalty  not  to  exceed  one  hundred  fifty
    19  dollars.
    20    §  2. Severability clause. If any clause, sentence, paragraph, section
    21  or part of this act shall be adjudged by any court of  competent  juris-
    22  diction to be invalid, such judgment shall not affect, impair or invali-
    23  date  the  remainder  thereof, but shall be confined in its operation to
    24  the clause,  sentence,  paragraph,  section  or  part  thereof  directly
    25  involved  in  the  controversy  in  which  such judgment shall have been
    26  rendered.
    27    § 3. This act shall take effect on the one hundred eightieth day after
    28  it shall have become a law.
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