STATE OF NEW YORK ________________________________________________________________________ 923 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. ABINANTI, GALEF, KAVANAGH, JAFFEE, PAULIN, BUCHWALD, COLTON, FAHY, ROSENTHAL, MOSLEY, ORTIZ, WEPRIN, RODRIGUEZ -- Multi-Sponsored by -- M. of A. RIVERA -- 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 19-0327 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01293-01-7

A. 923 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 3. This section shall not apply to the operation of authorized emer- 10 gency vehicles, as defined by section one hundred one of the vehicle and 11 traffic law and other emergency vehicles and equipment while performing 12 in the scope of their duties. 13 4. Nothing in this section shall be deemed to preempt any provision of 14 local law, including, but not limited to section 24-163 of the adminis- 15 trative code of the city of New York, provided that the provisions of 16 such local law are at least as stringent as the provisions of this 17 section. 18 5. Any person who knowingly or intentionally violates any provision of 19 this section shall, upon the first finding of such a violation, be 20 provided with a warning that future violations may result in the imposi- 21 tion of a civil penalty. Any person convicted of a subsequent violation 22 may be liable for a civil penalty not to exceed one hundred fifty 23 dollars. 24 § 2. Severability clause. If any clause, sentence, paragraph, section 25 or part of this act shall be adjudged by any court of competent juris- 26 diction to be invalid, such judgment shall not affect, impair or invali- 27 date the remainder thereof, but shall be confined in its operation to 28 the clause, sentence, paragraph, section or part thereof directly 29 involved in the controversy in which such judgment shall have been 30 rendered. 31 § 3. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law.