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A02045 Summary:

COSPNSRColton, Thiele, Rosenthal L, Gottfried, Steck, Carroll, Seawright, Galef, Glick, Reyes, Fahy, Griffin, Gonzalez-Rojas, Paulin, Simon
Add §19-0331, En Con L
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.
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A02045 Text:

                STATE OF NEW YORK
                                                                 Cal. No. 90
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2021
        Introduced  by  M.  of  A. ABINANTI, COLTON, THIELE, L. ROSENTHAL, GOTT-
          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:
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 19-0331 to read as follows:
     3  § 19-0331. 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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2045--A                          2
     1    (b)  regulations  adopted  by  a federal, state or local agency having
     2  jurisdiction require the  maintenance  of  a  specific  temperature  for
     3  passenger comfort, in which case the idling time may be increased to the
     4  extent necessary to comply with such regulations;
     5    (c)  a  hybrid-electric vehicle is idling for the purpose of providing
     6  energy for the battery or other form of energy storage recharging;
     7    (d) the ambient air temperature is 32 degrees  Fahrenheit  (0  degrees
     8  Celsius) or less;
     9    (e)  when operation of the engine is required for the purpose of main-
    10  tenance; or
    11    (f) such vehicle is idling for the purpose of ensuring the safe  load-
    12  ing, unloading, or transport of persons with one or more disabilities.
    13    3.  This  section shall not apply to the operation of authorized emer-
    14  gency vehicles, as defined by section one hundred one of the vehicle and
    15  traffic law and other emergency vehicles and equipment while  performing
    16  in the scope of their duties.
    17    4. Nothing in this section shall be deemed to preempt any provision of
    18  local  law, including, but not limited to section 24-163 of the adminis-
    19  trative code of the city of New York, provided that  the  provisions  of
    20  such  local  law  are  at  least  as stringent as the provisions of this
    21  section.
    22    5. Any person who knowingly or intentionally violates any provision of
    23  this section shall, upon the first  finding  of  such  a  violation,  be
    24  provided with a warning that future violations may result in the imposi-
    25  tion of a civil penalty.  Any person convicted of a subsequent violation
    26  may  be  liable  for  a  civil  penalty  not to exceed one hundred fifty
    27  dollars.
    28    § 2. Severability clause. If any clause, sentence, paragraph,  section
    29  or  part  of this act shall be adjudged by any court of competent juris-
    30  diction to be invalid, such judgment shall not affect, impair or invali-
    31  date the remainder thereof, but shall be confined in  its  operation  to
    32  the  clause,  sentence,  paragraph,  section  or  part  thereof directly
    33  involved in the controversy in  which  such  judgment  shall  have  been
    34  rendered.
    35    § 3. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.
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